HomeMy WebLinkAbout2019-04-16 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us
REVISED AGENDA
CITY COUNCIL MEETING
April 16, 2019
SPECIAL MEETING (CLOSED SESSION) 5:30 P.M. Pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute 13D.05, Subd. 3) on City Administrator’s Annual Review
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 1. Proclamation: Stillwater High School Boys Swimming & Diving Team Diver Josiah Fick 2. Proclamation: Stillwater High School Boys Wrestling Team and Wrestler Ryan Ballantyne
3. Proclamation: Stillwater High School Girls Basketball Team 4. Discover Stillwater Annual Report
V. 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.
VI. STAFF REPORTS 5. 2019 Flood Information 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Director 10. Public Works Director 11. Finance Director 12. City Attorney 13. City Administrator – 2018 City Annual Report
VII. CONSENT AGENDA - 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. 14. April 2, 2019 regular, recessed and closed session meeting minutes 15. Payment of Bills 16. Parks & Recreation Commission New Member Appointment 17. St. Michael’s Fun Fest Temporary Liquor License 18. Case 2019-07 to consider a request by Dan Thurmes, applicant and Michelle and Scott Lindquist, property owners of 7817 Newberry Ct for consideration of amending the Stillwater
City Code Section 31-300 entitles establishment of districts by rezoning property to RA, One-family residential, (Ordinance 2nd Reading)
VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 19. Ordinance amending City Code Section 33-5: Minimum Standards for Construction and Reconstruction of Driveways. Notice was published in the Stillwater Gazette on Friday, April 5, 2019. (Ordinance 1st Reading) 20. CPC Case No. 2019-05 to consider amending the Short Term Home Rental Ordinance. The purpose
of the amendment is to clarify existing language and to make minor procedural changes. Notice was published in the Stillwater Gazette on Friday, March 15, 2019. (Ordinance 1st Reading) 21. To consider issuance, sale and delivery of Senior Housing Revenue Bonds by the City of Bethel for
Birchwood Landing at the Lakes at Stillwater Project. Notice was published in the Stillwater Gazette
on Friday, March 22, 2019 – RESOLUTION
IX. UNFINISHED BUSINESS 22. Case 2019-08 to consider a request by Mark Guenther of Fenway Land Company, LLC, property owner of 8393 and 8313 Marylane Ave N for the consideration of amending the Stillwater City Code Section 31-300 entitled establishment of districts by rezoning property to RB, Two-family residential and approving Development Agreement for Marylane Meadows.
(Ordinance 2nd Reading, Resolution)
X. NEW BUSINESS 23. Plans & Specs for the 2019 Street Improvement Project – RESOLUTION 24. 2019 Sidewalk Rehabilitation Project Feasibility Report – RESOLUTION 25. Consultant Services for ADA Transition Plan - RESOLUTION 26. Waiver of Trolley Parking Fee 27. Demolition Designation Study 28. Downtown Parking Capacity Study 29. Chestnut Street Lease Agreement - RESOLUTION
XI. COUNCIL REQUEST ITEMS 30. Beyond the Yellow Ribbon update
XII. ADJOURN
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WHEREAS, Stillwater Area High School Girls Basketball Team are AAA
State runners up, with a season record of 28-3; the highest finish for a Stillwater
team in history; and
WHEREAS, the team is the Suburban East Conference and Section
Basketball Champions; and
WHEREAS, other Stillwater Area High School Basketball Team
achievements and highlights are:
• Sara Scalia was selected East Metro Player of the Year; 1st Team All
State; finalist for Ms. Basketball, and was awarded a scholarship to
the University of Minnesota;
• 3 individuals were selected All Conference; Sara Scalia, Alexis Pratt,
and Liza Karlen; and Grace Cote was selected Honorable Mention All
Conference; and
• The team had a 21 game winning streak.
NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in
me as Mayor of the City of Stillwater, do hereby proclaim
April 22, 2019-Stillwater Area High School
Girls Basketball Team Day
Adopted by the Stillwater City Council this 16th day of April, 2019.
vUayo1t
Annual Report to the City, April 2019
Annual Report to the City, April 2019
The mission of the Stillwater and Oak Park Heights Convention & Visitor Bureau is to
increase the economic benefit of tourism with an emphasis on overnight stays.
Mission & Board Members
Cover Park Manor
Tourism Tax Revenue Accounts for…
18% of Minnesota’s Tax Revenue
20% Washington County’s Tax Revenue
30% Stillwater’s Tax Revenue
*Source: MN Dept. Revenue. Sales and Use Tax data (2017cty, 2016 city)
Annual Report to the City, April 2019
Stillwater Tourism Economy
Our MISSION
Tourism Marketing = Overnight Visitors
✓Annual Advertising Campaigns to three
markets: Leisure, Business, Wedding
✓DiscoverStillwater.com Resource
✓Monthly Travel E-newsletter
✓Daily Social Media Content/Engagement
✓Publish & Distribute Official Visitor’s
Guide/Map
✓Travel/Event Planning Assistance
✓Media Relations
Annual Report to the City, April 2019
Tourism Marketing Strategic Plan
This Photo by Unknown Author is licensed under CC BY
Annual Report to the City, April 2019
55% Increase
15%
CVB Lodging Tax Revenues by Year
Annual Report to the City, April 2019
Jan/Feb/Mar April/May/June July/Aug/Sept Oct/Nov/Dec
13%3%17%28%
2018 Lodging Tax Revenue by Quarter
Annual Report to the City, April 2019
44%
51%
40%
60%
24%1%
6%
DiscoverStillwater.com Analytics
Annual Report to the City, April 2019
Seasonal Goals
During the last 5 years, off-season website users increased more than high-season website users.
46% more.
0 20000 40000 60000 80000 100000 120000 140000 160000 180000 200000
Off-Season Oct 1-April 30
High-Season May 1-Sept 30
66996
79614
197455
197607
2017/2018 2013/2014
195%
148%
Annual Report to the City, April 2019
Influence Stats
1.Facebook: 34,864
2.Instagram: 9,558
3.YouTube Channel Views: 111,366
4.Newsletter Subscribers: 37,510
5.Visitor Guides Published: 70,000
6.Views of New Winter Romantic Getaway Video: over 80K
7.360 Venue Tour Views: 1.4 Million
Annual Report to the City, April 2019
Official Visitor Guide & Map
New Bike Trails Map
Annual Report to the City, April 2019
Annual Report to the City, April 2019
2019 Marketing Plans
Annual Report to the City, April 2019
New Video Content
Our video advertising CTR
Exceed Industry Standards!
Facebook: 89.78%
YouTube: 45:%
Annual Report to the City, April 2019
Advertising Samples
Annual Report to the City, April 2019
We are honored to promote this town!
TRAVELER SPENDING
BY SECTOR
IMPACTS OF STATE
TOURISM ADVERTISING
• 3.5 million Minnesota trips
• $415.5 million traveler spending
• $40.7 million direct state and local taxes
• 3.76 million additional intended trips in next 12 months
• $101 to $1 traveler spending return on ad investment
• $10 to $1 state and local tax return on ad investment
Note: Impacts of Explore Minnesota’s spring/summer 2018 advertising
TRAVELER EXPENDITURES BY SEASON
Sources: Minnesota 2018 Tourism Advertising Evaluation, Longwoods International; The Economic Impact of 2017 Travel in Minnesota, Tourism Economics; The Economic Impact of Expenditures by Travelers on Minnesota, June 2007-May 2008, Davidson-Peterson Associates; Minnesota Department of Revenue; U.S. Bureau of Labor Statistics; International State Travel (IST), Tourism Economics.
25%
24%
14%
Spring (April-May)
Fall (Sept-Nov)
Winter (Dec-March)37%
Summer (June-Aug)
7.7%
3.7%
7.8%
6.2%
8.4%
2010
2012
2014
2016
2018
Leisure & Hospitality Gross Sales (in billions) 2005-2017
GROWTH IN THE
TOURISM INDUSTRY
$10.2 $11.2 $11.9 $13.6
$15.3
2005 2008 2011 2014 2017
INDUSTRY.EXPLOREMINNESOTA.COM
TOURISM & MINNESOTA’S ECONOMY
ECONOMIC IMPACT:
TRAVEL & TOURISM IN
MINNESOTA GENERATES:
SALES
$15.3
Billion in gross sales
$42
Million a day
JOBS
270,000+
Full- and part-time jobs
11%
of total private sector employment
$5.8
Billion in wages
REVENUE
$996
Million in state sales tax
18%
of total state sales tax revenue
Note: Data for leisure & hospitality sector, 2017
INTERNATIONAL TRAVEL
TO MINNESOTA
523,600
Canadian travelers on overnight trips
456,800
International travelers from other countries
Note: International travel estimates are for 2017
25%Food 20%Lodging
16%Retail 16%Transportation
16%Recreation 7%Second Homes
$625
How much the average Minnesota household would owe without the tax revenue generated by travel & tourism
73 MILLION
Visitors on overnight and day trips in 2017
INCREASE IN ROOM REVENUE
Source: STR, Inc.
ECONOMIC IMPACT BY COUNTY
Minnesota’s Leisure and Hospitality Industry, 2017
County Gross Sales State Sales Tax
Private Sector
Employment
MINNEAPOLIS-ST. PAUL AREA
Anoka $607,082,073 $40,787,492 13,123
Carver $223,642,652 $14,843,541 4,611
Chisago $70,269,622 $4,632,936 1,695
Dakota $933,323,911 $61,933,337 18,696
Hennepin $5,303,889,012 $350,229,607 85,477
Isanti $39,876,266 $2,715,893 849
Ramsey $2,212,380,540 $143,896,588 29,659
Scott $391,358,066 $22,038,107 6,016
Washington $566,454,649 $38,324,474 11,781
Wright $245,366,623 $14,203,784 4,828
Region Total $10,593,643,414 $693,605,759 176,735
NORTHEAST REGION
Carlton $69,717,758 $4,260,245 1,152
Cook $71,799,245 $4,559,225 1,000
Itasca $75,811,214 $4,887,682 1,562
Kanabec $15,741,538 $1,063,303 338
Koochiching $32,486,407 $2,104,190 576
Lake $47,757,065 $3,145,495 822
Pine $73,620,392 $4,061,438 969
St Louis $558,982,545 $37,671,354 11,204
Region Total $945,916,164 $61,752,932 17,623
SOUTHERN REGION
Big Stone $4,532,347 $327,012 119
Blue Earth $213,747,731 $13,679,442 4,391
Brown $41,444,501 $2,780,948 1,163
Chippewa $15,746,638 $1,092,755 406
Cottonwood $10,035,471 $666,957 298
Dodge $13,212,260 $946,561 438
Faribault $10,025,931 $690,797 282
Fillmore $21,997,217 $1,528,313 678
Freeborn $44,279,899 $2,943,419 1,095
Goodhue $87,531,856 $5,490,352 1,999
Houston $13,426,679 $884,011 328
Jackson $11,729,708 $769,053 280
Lac Qui Parle $3,662,437 $262,074 92
Le Sueur $28,325,473 $1,812,663 570
Lincoln $4,067,259 $309,503 135
Lyon $53,090,438 $3,467,329 1,288
Martin $40,396,227 $2,716,636 886
Mower $54,100,183 $3,559,528 1,198
Murray $8,775,020 $596,884 177
Nicollet $40,220,344 $2,743,085 828
Nobles $30,028,722 $1,998,470 628
Olmsted $490,368,229 $32,820,162 8,928
Pipestone $11,019,135 $772,244 285
Redwood $26,202,629 $1,819,634 391
Renville $8,024,012 $568,836 245
Rice $147,691,655 $7,097,314 2,282
Rock $10,833,891 $762,934 263
Sibley $7,992,311 $574,385 198
Steele $76,527,205 $4,869,479 1,531
Swift $9,332,122 $648,767 251
Traverse $1,829,943 $123,161 40
Wabasha $27,506,092 $1,844,547 700
Waseca $17,816,208 $1,193,980 437
Watonwan $7,856,446 $510,028 225
Winona $111,328,250 $7,126,835 2,545
Yellow Medicine $15,149,170 $652,486 215
Region Total $1,719,853,639 $110,650,584 35,815
County Gross Sales State Sales Tax
Private Sector
Employment
CENTRAL REGION
Aitkin $22,307,401 $1,541,116 515
Benton $59,565,561 $3,846,356 1,217
Crow Wing $233,343,199 $14,401,052 4,139
Douglas $115,008,227 $7,048,332 2,208
Grant $3,456,581 $226,782 NA
Kandiyohi $98,589,693 $6,380,173 1,723
McLeod $48,180,190 $3,245,759 1,247
Meeker $19,119,733 $1,311,172 456
Mille Lacs $55,281,243 $3,037,109 1,027
Morrison $46,324,899 $3,154,363 1,120
Otter Tail $99,967,940 $6,666,406 2176
Pope $15,721,448 $1,067,763 310
Sherburne $103,332,854 $6,866,949 2,351
Stearns $313,262,923 $21,397,781 7,748
Stevens $17,836,283 $1,043,942 373
Todd $21,522,473 $1,486,682 370
Wadena $16,961,265 $1,156,718 335
Region Total $1,289,781,913 $83,878,455 27,315
NORTHWEST REGION
Becker $70,277,951 $4,569,887 1,669
Beltrami $102,035,925 $6,648,449 2,219
Cass $122,274,372 $7,487,556 2,038
Clay $89,423,202 $5,696,850 1,888
Clearwater $5,492,579 $379,733 214
Hubbard $36,886,811 $2,508,671 787
Kittson $3,082,369 $181,153 74
Lake of the Woods $38,779,570 $2,145,291 481
Mahnomen $14,260,150 $1,019,290 116
Marshall $4,469,502 $345,007 118
Norman $3,179,768 $181,263 66
Pennington $27,635,036 $1,779,576 522
Polk $51,876,583 $3,310,330 1,101
Red Lake $2,331,642 $167,955 74
Roseau $16,768,190 $1,087,828 392
Wilkin $3,432,072 $259,860 97
Region Total $592,205,722 $37,768,699 11,856
MINNESOTA
TOTAL $15,321,019,654 $995,869,813 270,490
Notes: State total does not equal the sum of counties or regions because some data is withheld to avoid disclosure of individual businesses; and some state level data is for businesses located outside of Minnesota. The Leisure and Hospitality industry consists of Accommodations; Food Services and Drinking Places; and Arts, Entertainment and Recreation. SOURCE: Minnesota Department of Revenue; U.S. Bureau of Labor Statistics 1/19
industry.exploreminnesota.com
LEISURE & HOSPITALITY JOBS BY COUNTY 2017
Up to 300
301 - 1,000
1,001 - 3,0003,001 - 86,000
Industry Snapshot in MN-4
M N -4 M I N N E S O T A
Total Hotel Industry Impact in MN-4
M N -4 M I N N E S O T A
Consisting of direct impacts plus indirect impacts.
Direct Hotel Industry Impact in MN-4
M N -4 M I N N E S O T A
Consisting of direct spending and revenues.
MN-4's Hotel Industry, bythe Numbers
H O T E L G U E S T S P E N D I N G $44 8 mil lion $8 bil lion
H O T E L P R O P E R T I E S 62 956
H O T E L G U E S T R O O M S 6,59 8 7 8,3 97
S H A R E O F T O T A L J O B S S U P P O R T E D B Y
H O T E L I N D U S T R Y 1 .5%3.1%
T O T A L T A X E S P E R H O U S E H O L D
($ per household)$789.89 $125 4.16
S T AT E A N D L O C A L T A X E S P E R
H O U S E H O L D
($ per household)$36 9 $628
B U S I N E S S S A L E S
(output)$2 bil lion $19 bil l i on
W A G E S A N D S A L A R I E S $457 mil lion $5 b i l lion
E M P L O Y M E N T
(number of jobs)7,955 115 ,367
G R O S S D O M E S T I C P R O D U C T $784 million $9 bil lion
T O T A L T A X E S $212 mil l i on $3 bil l i on
S T A T E A N D L O C A L T A X E S $99 mil lion $1 billio n
T A X E S O N L O D G I N G $1 0 mil lion $19 9 mil lion
F E D E R A L T A X E S $113 million $1 billio n
B U S I N E S S S A L E S (O U T P U T )$469 mil l i on $8 billio n
W A G E S A N D S A L A R I E S $130 mil lion $2 billio n
E M P L O Y M E N T (N U M B E R O F J O B S )2,767 NaN
G R O S S D O M E S T I C P R O D U C T $227 mil lion $4 billion
T O T A L T A X E S $7 9 millio n $1 b i l lion
S T AT E A N D L O C A L T A X E S $47 million $8 42 mil lion
F E D E R A L T A X E S $32 millio n $5 56 millio n
2019 BUDGET. 2019 Budget:NOTES
Carryover from previous year $20,000
Reserves $28,000
Lodging Revenues $289,000
Visitor's Guide Ad Profits $5,000
EMT Grants $7,000
Total Income Available $349,000
Target Budget $321,000
2019 % Budget
RESERVES $4,000 1%GOAL: Safety net, maintain reserve of $30,000 or 10% of our budget.
OPERATIONS $91,680 29%GOAL: Accomplish set objectives and manage organization, keep below 40%
General Office $10,180 3%
Contract Services $81,500 25%
MARKETING MATERIALS/CONTENT CREATION $37,040 12%GOAL: Marketing tools and content for all markets. Included are primary mkt tools - website, visitor guide, email database, downtown signage,
photography, videos, articles, etc. Max 20%. This year's focus on website improvement and contining to build our video library.
Website $11,540
Email Software Hosting (Customer-Face, Enewsletter)$3,000
Visitor Guides Fulfillment $11,000
Signage $1,000
Photography/Videography $10,000
Printed/Promotional Materials $500
EVENT GRANT SPONSORSHIPS $45,000 14%GOAL: support local events with PR power that attract overnight visitors, promotion of our brand & show our community support Max. 15%
MEETINGS EVENTS MARKET - Advertising $7,000 2%GOAL: Year-round mid-week business. Max 5% Focus on showcasing new hotel options and 360 venue tours via Fam Tour this year.
WEDDINGS MARKET - Advertising $14,340 4%GOAL: Year-round wedding venue bookings. Max 10%
VACATION TRAVELER MARKET- Advertising $122,011 38%GOAL: Year-Round business with an emphasis on off-season Nov-March due to lodging availability. Max 50% Focus on bike trail, new lodging, winter
romance, girlfriend getaways, as well as increasing SEM to improve lost impression share, with more hotels consider year-round timing rather than
just off-season.
Explore Minnesota Metro CVB Group Membership/Campaign $8,750 7%
Digital Media $56,260 46%
Tourism Guidebooks/Directories (Print/online)$17,355 14%
Print $18,064 15%
TV $7,000 6%
Radio $0 0%
Direct Marketing $8,332 7%
Out of Home (Billboards, etc)$2,250 2%
Discretionary Fund $4,000 1%
Final Allocated Budget $321,071 100%
2019 Marketing Campaign Calendar
January February March April May June July August September October November December
Meeting Planner Fam Tour 11th 12th
TheKnot.com
The Wedding Fair 20th
MNBride.com Stillwater Featured in article…. Jan - June Digital Feature
EMT Metro Group Campaigns
Sweepstakes Ski Staycation Pontoon Fall Biking
StarTribune.com Sweepstakes Ads
Photo Contest
Youtube Winter Romantic Girlfriend/Biking/Ways to Explore
Google Ads
Paid Facebook romance/lodging Girlfriend Getaway Biking Fall Girlfriend Holidays
Paid FB Video Winter Romantic Girlfriend Biking/Ways to Explore Fall Girlfriend Holidays
Native Content Digital Article Lodging
Retargeting lodging Biking
ExploreMinnesota.com
ExploreMinnesota Biking Enewsletter Ad
EMT Instagram Story Takeover Whenever Trail Opens
EMT/Ad Taxi Instagram Feature Lodging
SCVRTA Travel Guide
Minneapolis Travel Guide
Minnesota Travel Guide
MN Biking Guide
Where Magazine
MSP Magazine
Minnesota Monthly Enewletter
Midwest Living
AAA Living
MN Hike/Bike Digital Guide
Comcast Spotlight TV Ways to Explore & Girlfriend Video
OTT TV Romantic Getaway
Lavender Magazine Directory Cancelled 4th 2nd 6th, Pride Ad 1st 7th 5th
Digital Billboards Bike Trail Open
Social Media: Organic Facebook Inhouse
Social Media: Organic Instagram Inhouse
Influencers
Enewsletter In house
Event Grant Sponsorships
Bonspiel, Ice
Cream
Social, Sticks
Hockey Carriage Rides Car Show
Lumberjack
Days, Car
Show,
Marathon,
Summer
Tuesdays
Car Show,
Summer
Tuesdays
Art Fair,
Harvest Fest
Hometown for
the Holidays
Website SEO
Website Redesign
Planned
Launched
Discover Stillwater
Five Year Strategic Plan
2019
Mission
The mission of Discover Stillwater is to increase the benefit of tourism with an
emphasis on overnight stays.
Five Year Vision
Within five years . . .
Stillwater will leave a welcoming and lasting first impression on visitors.
We will have developed strong off‐peak business.
Stillwater will have excellent river access for everyone.
Discover Stillwater will have strong, positive relationships with other community organizations,
both public and private.
Stillwater will have a healthy, diverse economy.
Three Year Interim Goals
Within three years, the following will have been accomplished, ongoing, or on track to help achieve
the Vision. . .
Develop communication and collaboration strategies.
Discover Stillwater will be an advocate for tourism infrastructure.
Discover Stillwater will have ongoing effective marketing strategies.
Discover Stillwater will have a sound, productive operational structure and policies.
Action Plan
12 – 18 Months
In order to achieve these goals, moving toward our vision with a constant eye on our mission,
Discover Stillwater will accomplish, have ongoing, or be on track for the following:
Communication and Collaboration:
Develop a plan to collaborate more closely with other community organizations.
Board members attend meetings of other organizations e.g., City Council, IDA, Chamber.
Do the research necessary to convince others of the economic value of tourism to Stillwater.
Begin advocating for tourism infrastructure funding.
Review the Discover Stillwater brand and taglines
Marketing Focus:
Develop a marketing plan.
Do more marketing to Twin Cities businesses to hold their off‐site business meetings in
Stillwater. Existing volunteers will carry this out.
Conduct Familiarization (FAM) tours for meeting planners.
Don’t lose sight of conventions.
Determine what our brand is.
Develop brewery, winery and distillery tourism.
Incorporate the 1:33 ratio for spending lodging tax dollars.
Promote the new bike/pedestrian trails.
Internal Affairs:
Assess and build a base of volunteer assistance.
Assess the business model of Discover Stillwater, e.g., staffing, budget allocations, space, etc.
Find other sources of funding.
Make some key decisions final.
Incorporate the 1:33 ratio for spending lodging tax dollars.
Page1
LISTOFBILLS
AͲ1HydraulicSales&Service Equipmentrepairsupplies 491.13
AbbottPaint Paintforbasementgym 219.26
AccelaInc MonthlyUBwebpayments 459.85
AccurateRadarSpecialties Calibrationofradarunit 510.00
AceHardware Supplies 247.79
AdvanceAutoParts Equipmentrepairsupplies 194.04
AdvancedSportswear Poloswithlogo 132.00
AE2SConstruction CityHallProject 2,691.35
AmdahlLocksmithIncChris Installhardware 295.90
BlueCrossBlueShieldofMNInc. Retiree&CobraHealthIns 3,390.00
BradenConstructionInc. CityHallProject 42,244.08
BureauofCrim.Apprehension Terminalaccesscharge 270.00
CampionBarrow&Associates Lawenforcementtesting 425.00
CardinalTrackingInc TickeTrakEnvelopes 715.26
CenturyLink Telephone 263.96
CenturyPowerEquipment Rollerchain 31.26
CintasCorporation Uniforms&matcleaningservice 623.46
CityofSt.Paul Training 574.00
Comcast Internet 49.39
CommunityThread Contribution 4,000.00
DakotaCountyTechnicalCollege Training 1,600.00
Dalco Janitorialsupplies 731.41
ECMPublishers Drivewayordinanceamendment 19.00
ECSISystemIntegrators Firealarmmonitoring 100.00
EnterpriseFMTrust Leasevehicles 5,922.35
EnvisionGlassInc CityHallProject 47,522.80
GallsLLC Jacket&pantsͲGannaway 306.77
GopherStateOneCallInc. Locates 109.35
HeritagePrintingInc. NewsletterPrinting 3,283.89
HoisingtonKoeglerGroupInc ComprehensivePlanUpdate 1,711.25
HolidayCompanies Vehiclewashes 320.00
HolidayCreditOffice Fuel 217.34
HotsyEquipmentofMinnesota Truckwashbulk 757.50
JustForMeSpa Massagetherapistsforhealthfair 240.00
KathCompanies Fleetantifreeze 352.75
Kelly&LemmonsPA Prosecution 8,333.00
KirvidaFireInc. Repaircharges 175.98
KwikTripInc Fuel 131.25
LeagueofMNCities Safety&LossControlWorkshop 20.00
LeagueofMNCitiesInsTr ClaimLMCCA79750 1,000.00
LeVanderGillenMillerPA Professionalservices 21,739.15
LincolnNationalLifeInsuranceCo COBRALifeInsurance 12.60
MaddenGalanterHansenLLP LaborRelationsServices 1,094.70
MailFinanceInc FoldingMachineLease 1,104.18
MansfieldOilCompany Fuel 14,204.61
Page2
MarshallElectricCompany DisconnectelectricalͲflood 909.00
McDanielLaw&Policy Professionalgovernmentrelationsservices 6,250.00
Menards Supplies 1,372.34
MetropolitanCouncil WastewaterCharge 153,390.29
MetxlerHollyAnn UBRefund 226.00
MidwayFord 2019FordF150B36756 22,025.92
Mike/BarbLynskey RefundCUPApplication 460.00
MillerExcavating Flood 119,810.44
MillzHouse Repairdamagestofloorduetothawflooding 2,100.00
MPNexlevelLLC Locating 206.25
MTIDistributing Equipmentrepairsupplies 371.19
NACMechanicalandElectricalServices CityHallProject 31,530.50
NAPAAutoParts Autorepairsupplies 234.46
NussTruck&Equipment Equipmentrepairsupplies 243.96
OfficeDepot Officesupplies 141.98
OnSiteSanitation PortableRestroom 463.00
PioneerPressSt.Paul Noticeofvacancies 18.92
PolarPlastics BlackpolyfilmͲflood 1,815.00
PullenAnnetteMarie Therapy 450.00
QualityPropaneInc. PropaneforrentalheaterͲflood 576.90
QuillCorporation Officesupplies 254.94
RehnCodeConsultingServices Planreview 862.06
RoboleDonna Reimburseforwellnessprogramsupplies 220.89
SafeFastInc Markingpaint 204.00
StillwaterMotorCompany Vehicleservice 125.12
StillwaterRotaryClub Membership 190.00
StillwaterTowing Towingservice 850.00
Streichers Tacticalpouch 16.00
SW/WCServiceCooperatives COBRA&retireehealthInsurance 82,167.61
T.A.SchifskyandSons Asphalt 2,275.32
ThomsonReuters InformationCharges 141.94
TitanMachineryShakopee Equipmentrepairsupplies 261.96
TͲMobileUSA GPSLocate 51.00
TollGasandWeldingSupply Cylinders 45.38
TriͲStateBobcat Utilityvehicle 42,249.00
TriͲStatePumpandControlsInc. Liftstationrepairs 969.30
TruckUtilitiesInc. F150Equipment 2,237.60
UltimateEvents RentalͲflood 1,877.34
UnitedRentalsInc Equipmentrental 468.94
USBank Payingagentfees 1,500.00
VerizonWireless PoliceMobileBroadband 630.20
VoyantCommunications Phone 521.48
Wash.CtyHistoricalSociety Contribution 1,250.00
WashingtonCountyLicenseCenter Registration2019F150PickUp 2,968.26
WashingtonCountyPublicWorks PolebaserepairͲhitduringflooding 447.20
WoldArchitectsandEngineers CityHallProject 246.00
YouthServiceBureau Contribution 2,625.00
Page3
RECCENTER
1STLine/LeewesVenturesLLC Snacksforconcessions 510.30
AceHardware Equipmentrepairsupplies 475.87
AmmoniaHouseInc. Equipmentrepairsupplies 11,347.66
CenturyLink Telephone 63.27
CintasCorporation Matcleaningservice 154.50
CocaͲColaDistribution Beveragesforconcessions 990.48
Comcast Internet 109.85
Grainger Equipmentrepairsupplies 370.91
J.H.LarsonCompany Equipmentrepairsupplies 2,068.78
Menards Equipmentrepairsupplies 2.99
MercuryElectric Compressormotorrepair 183.00
R&RSpecialtiesInc. Jeticewhitepaint 1,573.30
TwinCitiesDots&Pop Treatsforconcessions 429.84
CREDITCARD
Amazon.com Janitorialsupplies 154.26
Backgroundchecks.com Backgroundchecks 107.35
BCATraining&Auditing Training 150.00
CenturyPowerEquipment Snowblowerparts 32.41
Ebay Wheelcovers 131.62
Eventbrite Training 390.00
GoDaddy.com LumberjackDaysDomainRenewal 36.34
LowesHomeCentersInc. Buildingrepairsupplies 187.36
MNDeptofLaborandIndustry SpringseminarShilts&Sirotiak 170.00
MunicipalSupply&Sign Neighborhoodwatchsigns 194.41
OfficeDepot Officesupplies 47.31
PostBoard Membership 92.24
LIBRARY
AceHardware JanitorialSupplies 92.58
BrodartCo Materials 2,492.25
CardSource LibraryCards 537.18
CengageLearning AdultFiction 264.92
Comcast Internet/WiFi 406.92
CulliganofStillwater Water 60.23
FriendsoftheStillwaterPublicLibrary FriendsReimbursement 435.00
HeritagePrintingInc. ShelfLifeNewsletterCityInsert 637.00
LofflerCompanies AnnualMaintenanceonSwitches 10,284.94
MidwestTape Materials 204.38
MNLibraryAssoc. MLAFallConference(Petrie) 220.00
MotionPictureLicencingCorporation ProgramsͲFilmScreeningLicense 203.22
NACMechanicalandElectricalServices AnnualAltertonSystemMaintenance 1,882.00
Page4
PetrieAngela StaffReimbursementͲ 320.65
Proquest LibraryThingforLibraries579.89
ReyersMariahE. ProgramsͲJUV 60.00
WashingtonCountyLibrary Q12019Notices 395.73
LIBRARYCREDITCARD
CommunityThread MembershipͲVolunteerCoordinator 80.00
UniversityofWisconsinͲExtension ConferenceͲYS(Angie) 300.00
MARCHMANUALS
ComcastInternet 109.85
MansfieldOil Fuel 10,558.67
PatchinMessnerAppraisals Appraisal 6,913.75
PostmasterNewsletterPostage 1,730.75
XcelEnergy Energy 20,600.60
ADDENDUM
AdvancedAuto Equipmentrepairsupplies 0.78
Cintas Mats 149.74
Comcast Internet 134.90
Dalco Janitorialsupplies 150.33
ECM Publications 19.00
Flaherty&HoodPA HRSpecialist 250.00
FuryMotors Equipmentrepairsupplies 260.63
Menards Supplies 235.47
OfficeDepot Officesupplies 78.99
PrimaryProducts Nitrilegloves 92.50
VSAInc ConfRmTechUpgrade 1,437.50
XcelEnergy Energy 23,564.99
TOTAL 762,809.69
AdoptedbytheCityCouncilthis
16thDayofApril,2019
216 4th Street N, Stillwater, MN 55082
651‐430‐8800
www.ci.stillwater.mn.us
AGENDA
CITY COUNCIL MEETING
April 16, 2019
SPECIAL MEETING (CLOSED SESSION) 5:00 P.M.
Pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute
13D.05, Subd. 3)
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
1. Proclamation: Stillwater High School Boys Swimming & Diving Team Diver Josiah Fick
2. Proclamation: Stillwater High School Boys Wrestling Team and Wrestler Ryan Ballantyne
3. Discover Stillwater Annual Report
V. 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.
VI. STAFF REPORTS
4. 2019 Flood Information
5. Police Chief
6. Fire Chief
7. City Clerk
8. Community Development Director
9. Public Works Director
10. Finance Director
11. City Attorney
12. City Administrator – 2018 City Annual Report
VII. CONSENT AGENDA ‐ 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.
13. April 2, 2019 regular, recessed and closed session meeting minutes
14. Payment of Bills
15. Parks & Recreation Commission New Member Appointment
16. St. Michael’s Fun Fest Temporary Liquor License
17. Case 2019‐07 to consider a reqeust by Dan Thurmes, applicant and Michelle and Scott
Lindquist, property owners of 7817 Newberry Ct for consideration of amending the Stillwater
City Code Section 31‐300 entitles establishment of districts by rezoning property to RA, One‐
family residential, (Ordinance 2nd Reading)
VIII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less.
18. Ordiance amending City Code Section 33‐5: Minimum Standards for Construction and
Reconstruction of Driveways. Notice was published in the Stillwater Gazette on Friday, April 5,
2019. (Ordinance 1st Reading)
19. CPC Case No. 2019-05 to consider amending the Short Term Home Rental Ordinance. The purpose
of the amendment is to clarify existing language and to make minor procedural changes. Notice was
published in the Stillwater Gazette on Friday, March 15, 2019. (Ordinance 1st Reading)
20. To consider issuance, sale and delivery of Senior Housing Revenue Bonds by the City of Bethel for
Birchwood Landing at the Lakes at Stillwater Project. Notice was published in the Stillwter Gazette
on Friday, March 22, 2019 – RESOLUTION
IX. UNFINISHED BUSINESS
21. Case 2019‐08 to consider a request by Mark Guenther of Fenway Land Company, LLC,
property owner of 8393 and 8313 Marylane Ave N for the consideration of amending the
Stillwater City Code Section 31‐300 entitled establishment of districts by rezoning property to
RB, Two‐family residential and approving Development Agreement for Marylane Meadows.
(Ordinance 2nd Reading, Resolution)
X. NEW BUSINESS
22. Plans & Specs for the 2019 Street Improvement Project – RESOLUTION
23. 2019 Sidewalk Rehabilitation Project Feasibility Report – RESOLUTION
24. Consultant Services for ADA Transition Plan ‐ RESOLUTION
25. Waiver of Trolley Parking Fee
26. Demolition Designation Study
27. Downtown Parking Capacity Study
28. Chestnut Street Lease Agreement ‐ RESOLUTION
XI. COUNCIL REQUEST ITEMS
29. Beyond the Yellow Ribbon update
XII. ADJOURN
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WHEREAS, Josiah Fick is a Junior on the Stillwater Area High
School Boys Swimming & Diving Team; and
WHEREAS, Josiah's accomplishments in the 2019 season are:
• Suburban East Conference top ranked diver all season;
• Received SEC All-Conference honors;
• Bengal Invite champion;
• Maroon/Gold Invite champion;
• Section 4AA True Team champion;
• Class AA True Team State Meet champion;
• Minnesota State High School League Section 4AA champion;
• Minnesota State High School League Class AA State champion; and
• Elected captain for the 2019-2020 season.
NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority
vested in me as Mayor of the City of Stillwater, do hereby proclaim
April 19, 2019-Josiah Fick Day
Adopted by the Stillwater City Council this 16th day of April, 2019.
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WHEREAS, Stillwater Area High School Boys Wrestling Team are Suburban East
Conference Champions, and AAA State runners up, with a season record of 25-1; and
WHEREAS, the team is the Suburban East Conference Wrestling Champions; and
WHEREAS, the Stillwater Wrestling Team finished in 2nd place at the State
Championships behind champion Shakopee, losing 35-22; which is the highest finish in
school history; and
WHEREAS, other Stillwater Area High School Wrestling Team achievements are:
• 10 individuals qualified for State competition -Most in School History
• 4 individuals placed in State competition -Most in School History
• Reid Ballantyne won his 3rd consecutive individual State Championship -
Most All-Time in School History
• Kieler Carlson placed 3rd
• Trey Kruse placed 4th
• Josh Piechowski placed 5th
NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me
as Mayor of the City of Stillwater, do hereby proclaim
April 17, 2019-Stillwater Area High School
Boys Wrestling Team Day
Adopted by the Stillwater City Council this 16th day of April, 2019.
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WHEREAS, Reid Ballantyne is a member of the Stillwater Area
High School Boys Wrestling Team which is the Suburban East
Conference Champions and AAA State runners up, that ended their
season with a record of 25-1; and
WHEREAS, Reid is a 3 time State Champion:
• In 201 7, he was 1st at 106 pounds, an Undefeated 8th Grader;
• In 2018, he was 1st at 120 pounds, with I loss as a Freshman;
• This year, Reid was 1st at 126 pounds, with only 2 losses as a
Sophomore.
• Reid had knee surgery the day after team sections, but was still able
to battle less than 100% to win and help his team to a place 2nd, and
win his 3rd individual title, in which he pinned his opponent in 29
seconds.
NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority
vested in me as Mayor of the City of Stillwater, do hereby proclaim
April 18, 2019 -Reid Ballantyne Day
Adopted by the Stillwater City Council this 16th day of April, 2019 .
City of Stillwater
2018 Annual Report
1
April 2019
CITY DEPARTMENTS
Mayor & Council ............................................................................................................................ 4
Administration .............................................................................................................................. 6
Community Development ............................................................................................................ 12
Engineering / Public Works .......................................................................................................... 16
Finance ........................................................................................................................................ 20
Fire .............................................................................................................................................. 22
Police ........................................................................................................................................... 26
Legal Services .............................................................................................................................. 28
2
April 2019
Citizens of Stillwater
Mayor & Council
Boards & Commissions
Downtown Parking
Commission
Board of Water Commission
(Water Department)
Heritage Preservation
Commission Charter Commission
Human Rights Commission Joint Board
Parks & Recreation
Commission Joint Cable Commission
Planning Commission Library Board of Trustees
(Library)
Traffic Safety Committee
City Attorney
City Administrator Treasurer
Administration
Human Resources
Information Technology
Community Develoment
Building Inspections
Engineering
Public Works St Croix Recreation Center
Finance
Fire
Police
CITY OF STILLWATER ORGANIZATIONAL CHART (2018)
3
April 2019
4
April 2019
Mayor & Council
All City powers are vested in the City Council, except as otherwise specified by law or the Stillwater City
Charter. The Council ensures all obligations and duties imposed on the City by law are implemented. Since
the City Council exercises its authority or takes action as one body, individual members of Council cannot
act on behalf of the City.
The City Council is the policy making and legislative body. Council members approve the tax rate, adopt
the budget and set the City’s vision. The Council provides leadership for the community by identifying
issues or opportunities and then implementing goals and strategies to solve issues. Council members
focus on City policies, the City vision, ordinances and intergovernmental affairs. Some examples: land use
development, comprehensive planning, capital improvement projects and strategic planning.
Doug
Menikheim
Dave
Junker
Ted
Kozlowski
Tom
Weidner
Mike
Polehna
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 89,122.00 $ 89,418.70
Services and Charges $ 88,587.00 $ 109,564.97
Miscellaneous $ 28,650.00 $ 27,421.53
Total $ 206,359.00 $ 226,405.20
Council Activities
In 2018, the Stillwater City Council adopted the 2019 City budget, conducted 26 Council meetings, adopted 287
resolutions and enacted 23 ordinances. In addition, the Council members are appointed annually as a liaison to a
board or commission to facilitate communication and interaction between the Council, internal advisory bodies and
other governmental and non‐profit organizations. A liaison enhances communication between the City Council and
other organizations. Liaison members serve only for communication purposes and do not have any authority to
vote, unless specifically designated by ordinance. 2018 was also an election year. Mayor Kozlowski and
Councilmember Polehna were re‐elected to four year terms. Councilmember Menikheim retired and
Councilmember Ryan Collins was elected to a four year term. All terms commenced January 2019.
Voters
Council member
Ward 1
Council member
Ward 2 Mayor Council member
Ward 3
Council member
Ward 4
5
April 2019
BOARD/COMMISSION COUNCIL MEMBER
Convention & Visitors Bureau Council member Polehna
Downtown Parking Council member Junker
Fire Relief Association Council member Weidner
Council member Polehna
Heritage Preservation Council member Junker
Human Rights Council member Polehna
Joint Board Mayor Kozlowski
Council member Weidner
Joint Cable Council member Weidner
Library Board Council member Menikheim
also a Board Member
Middle St. Croix Watershed Management Council member Menikheim
Alternate: Councilmember Polehna
Parks & Recreation Council member Polehna
Planning Council member Menikheim
Board of Water Commissions Council member Menikheim
6
April 2019
Administration
Mission
The City Administration Department implements official policies of the Mayor and City Council by coordinating
City services to meet the needs of all who live, work, and play in the City of Stillwater. The professional staff
provides support, guidance, communications and leadership to assure that quality municipal services are provided
to the members of our community.
Department Organization
Budget Update (Unaudited)
ADMINISTRATION
Description Appropriation Actual
Personnel Services $ 425,617.00 $ 447,159.53
Supplies $ 4,750.00 $ 4,213.50
Services and Charges $ 169,470.00 $ 172,824.55
Miscellaneous $ 3,800.00 $ 3,936.15
Total $ 603,637.00 $ 628,133.73
ELECTIONS
Description Appropriation Actual
Personnel Services $ 21,532.00 $ 22,334.65
Supplies $ 750.00 $ 743.73
Services and Charges $ 9,824.00 $ 7,507.86
Miscellaneous $ 1,000.00 $ 339.85
Total $ 33,106.00 $ 30,926.09
PLANT/CITY HALL
Description Appropriation Actual
Personnel Services $ 25,252.00 $ 29,080.69
Supplies $ 10,750.00 $ 12,398.53
Services and Charges $ 128,141.00 $ 107,511.88
Miscellaneous $ 500.00 $ 99.99
Total $ 164,643.00 $ 149,091.09
City Administrator
(1 FTE)
City Clerk
(1 FTE)
Administrative
Assistant*
(2 FTE)
Human Resources
Manager
(1 FTE)
Information Systems
Manager
(1 FTE)
MIS Specialist
(1 FTE)
IS Technician**
(1 FTE)
Fund FTE
Administration 3.60
Finance* .15
Human Resources* 1.15
Library** .20
MIS 2.80
Parking* .10
7
April 2019
SPECIAL EVENTS
Description Appropriation Actual
Services and Charges $ 2,956.00 $ 3,442.89
Miscellaneous $ 55,022.00 $ 55,008.00
Total $ 57,978.00 $ 58,450.89
Program Descriptions & Goals
The Administration Department is responsible for providing administrative services to departments, outside
agencies, and the public. In addition, the department includes the City Clerk, Human Resources and Information
Technology divisions.
Provide staff support to the Mayor and City Council; provide thorough and objective analysis of issues,
including recommended courses of action
Prepare and submit an annual proposed budget and capital programs to the City Council
Ensure that all departments achieve their program objectives while adhering to City policies and
maintaining appropriate management procedures
Oversee the timely completion of major projects & community capital/park improvements
Develop City‐wide strategies to guide the City's long‐range development
Develop and administer services and assure transparency of Stillwater’s conduct of business operations
Coordinate the retention and distribution of City records (paper and electronic)
Program Accomplishments and Results, Special Awards, Recognitions
The Administration Department’s 2018 activities included: scheduling the annual City Council & management staff
strategic planning workshop; providing general City management; support for the 4th of July event and staff review
of other events within the City; supporting operational needs for City Hall and the physical plant; development of
2019 budget guidelines and budget proposals (in conjunction with the Finance Director); worked with Council to
develop a state legislative agenda; and development of a Capital Improvement Program.
Reviewed and updated City ordinances:
o Chapter 30 – Garbage and Rubbish to Municipal Solid Waste and Recycling
o Chapter 22 – City Administration
o Chapter 43 – Liquor Ordinance
o Section 27.1 – Dogs and Other Animals
o Other Code sections relating to administrative processes
Developed a Council/Boards and Commission Handbook for City Council approval as a guide for new
Council and Board and Commission members*
Continued digitizing city records
St. Croix River slow no wake zone process initiated
Successfully lobbied for $1.65 million in matching state bond funding for St. Croix Riverbank Restoration
and Walkway project
Began Phase III of the City Hall/Police Department Remodeling Program*
Assisted Human Resources in the facilitation of the labor‐management insurance work group
Three long‐term employees retired – Dave Magnuson, City Attorney for 40 years, Diane Ward, City Clerk
for 22½ years and Sharon Harrison, Finance Director for 25 years.
Successful development and delivery of quarterly City newsletters
Oversee maintenance of website content to apprise the community of City News*
Council approved Green Step Cities designation
Council approval of City’s Event Policy and Procedures*
o 43 events held in 2018
Assisted with Economic Development projects including downtown redevelopment (2 new hotels and a
hotel addition)*
*Notation: City Strategic Plan Element
Future Challenges and Opportunities
The City of Stillwater will continue to be challenged with budget constraints driven by increasing operational costs,
infrastructure maintenance (city streets, sidewalks, infrastructure, technology, and catching up with deferred
8
April 2019
facility maintenance), appropriate staffing levels, and managing health care costs. The City Council and senior
management staff will conduct a strategic plan workshop in 2019 to review and update the City’s Strategic Plan
goals and action items, including city branding and logo considerations. Future opportunities and challenges exist
for: greater inter & intra governmental collaboration and operational efficiencies; finalize development plans for
Bridgeview and Aiple parks along the St. Croix River; finalize development plan for Chestnut Street pedestrian plaza
between Main Street and the Lift Bridge, including completion of a lease agreement with MnDOT for long term use
of Chestnut Street; final approval and implementation of the 2040 City Comprehensive Plan; continued review of
departmental operations for process improvements; updates to th e City Emergency Operations Plan and Continuity
of Operations Plan; construction of the St. Croix Riverbank and Integrated Walkway project; completion of the
Dome and field turf replacement project at the St. Croix Valley Recreation Center, integrate Green Step Cities
activities in city operations; and continued development of succession planning strategies for city departments.
Human Resources Department
The Human Resources Department provides programs and services such as workforce planning, classification,
compensation and benefits, recruitment and assessment, policy, labor relations, development, risk management
and wellbeing. The department reports to the City Administrator, and is comprised of one full time Human
Resources Manager. Partial allocation of Payroll staff wages are also included in this budget.
Mission
To communicate, collaborate and engage the transactional and transformational in‐service to the valley community.
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 142,234.00 $ 139,348.69
Supplies $ 900.00 $ 329.19
Services and Charges $ 34,824.00 $ 31,800.19
Miscellaneous $ 400.00 $ 1,977.25
Total $ 178,358.00 $ 173,455.32
Program Descriptions & Goals
The department is responsible for a broad range of functions including labor relations, classification, compensation,
benefits administration, policy and procedure, training and employee development, human resource records and
systems management, performance management, strategic planning and wellness initiatives. Human Resources
serves as an advisor to the City Administrator and various other departments on all personnel matters in the City.
The department also provides Human Resource (HR) consulting services to the Library and the Water Board as
requested. Goals for 2018 were:
Develop employment policies and update existing policies
Recruit key leadership positions inclusive of planned retirements
Define responsibilities for HR Specialist position
Organize and facilitate risk management/safety committee
Negotiate and settle six collective bargaining agreements
Value city employees – create professional development opportunities, succession planning and expand
employee orientation programs
Program Accomplishments and Results, Special Awards, Recognitions
Human Resources is pleased to report on significant accomplishments and the ongoing commitment of strategic
priorities.
9
April 2019
The City’s employment opportunities site was viewed more than 16,000 times in 2018; 499 people applied for open
positions, and the following positions were filled:
Patrol Officer City Zoning Administrator Police Intern
Facilities Manager Finance Director Seasonal Parking Attendant
Firefighter/Engineer Seasonal Community Services Officer Mechanic
City Clerk Seasonal Maintenance Worker Fire Captain
Community Services Officer Volunteer Paid On Call Firefighter Lead Worker Fleet Maintenance
Assistant Fire Chief Volunteer Police Reserve Officer Administrative Assistant
The number of completed background checks increased 18 percent over the previous year, and the City’s average
time to fill a position was 67 days. The City onboarded new talent in 2018 with the continued use of software that
offers newly‐hired employees a consistent and 24/7 orientation experience.
The City launched utilization of its performance appraisal software in 2018 with adopted core competencies of
community, collaboration, integrity and dependability. HR trained all supervisors on approaches to optimize the
performance evaluation process and utilization of the software in support of organizational excellence, a strategic
initiative. Regular performance evaluation provides a consistent feedback process for employees and sets cultural
expectations.
As the fourth quarter began, the City engaged in collective bargaining with six labor unions who represent all but
two City of Stillwater employees. Thirteen meetings were held in 2018, one bargaining unit ratified a 2019‐2020
contract, and the balance of the collective bargaining meetings were continued in to 2019. The settled agreement
included a general wage increase, an increased employer health insurance contribution toward premium, and other
wage and benefit changes.
The effort to explore life and ancillary insurance benefit plans occurred in 2018 with full engagement by the City’s
Labor Management Insurance Workgroup. The city solicited bid proposals from the market for employee voluntary
life and accidental death and dismemberment insurance, voluntary short term disability, and voluntary long term
disability insurance.
Five providers responded, their proposals were evaluated, and the Labor Management Insurance Work Group
determined Lincoln Financial’s plans were the best fit. Lincoln Financial’s voluntary life insurance plan offered a
new supplemental life plan for employee/spouse and children, and offered savings on voluntary short term and
long term disability plans. In addition, the workgroup’s efforts identified an opportunity for the City to provide a
$30,000 employee life insurance policy for a lower total premium rate than the $20,000 policy currently in place.
Colonial Life’s group product line was selected to provide voluntary employee accident, critical care and medical
bridge/hospital confinement insurance. The new plans were offered in the third quarter of 2018.
An innovative approach to delivery of retiree health insurance also occurred in
2018. The City became a Blue Cross and Blue Shield Senior Gold and Medicare
BlueRx group insurance provider. With full cooperation from a dozen retirees
who moved on to the new Medicare plans, the initiative resulted in $112,000
direct tax levy savings to the City.
Risk management administration transitioned to Human Resources following the retirement of the City Clerk who
had, along with the City Administrator, previously handled property and casualty claims and policy renewal. In
November, an interactive roundtable was held at the City will full participation by the City’s department heads and
League of Minnesota Cities Insurance Trust representatives. The City was praised for its strong support of
employee safety, safety training and the resultant low occurrence of workplace injuries.
10
April 2019
The City was awarded $5,000 from Living Healthy in Washington County to fund
programming and equipment in 2018. The funding was used to:
Offer employee Health Risk Assessments
Provide a lunch and learn cooking demonstration and healthy eating seminar
to employees
Purchase and promote a hydration station
Provide healthy eating kitchen appliances and food storage items for use in the
employee break room
With programming input from the City’s Wellness Committee, the City also delivered biometrics screening to 27
employees, a healthy eating seminar and workbook to 23 employees, a book study (The Energy Bus by Jon Gordon)
and discussion group completed by 12 employees, a financial wellness event facilitated by PERA, and an onsite flu
shot clinic. Making small changes, over time, has had a positive net effect on employee wellness and engagement.
Future Challenges and Opportunities
Goals for the upcoming year include:
HR Design: Transition the benefit administration to Human Resources to best respond to organizational
needs
Negotiate and settle 2019‐2020 collective bargaining agreements
Implement an updated employment policies handbook
HR Strategy: Value city employees – create professional development opportunities, succession planning
and expand employee orientation programs
Improved employee benefits, wellbeing, collective bargaining, performance appraisal and workforce development
were some of the highlights of 2018 having occurred in addition to the regular operational requirements. HR
worked to professionally shape the most important part of the service – the people, and looks forward to future
progress aligned with the City’s strategic plan.
MIS Department
The MIS Department is an integral part of the City. Our team consists of three full time employees, IS Manager, MIS
Specialist and an IS Technician. Staff is responsible for the information technology needs of all City buildings
including City Hall, Police, Fire, Public Works, St. Croix Valley Recreation Center, Lily Lake Ice Arena, Stillwater
Public Library, and the Water Department. In addition, we provide support for the Stillwater Parking Ramp and
City owned parks. Staff is on call 24/7/365 on a rotating shift.
Mission
MIS provides the tools to organize, evaluate and efficiently manage departments within the City by using secure,
reliable, and integrated technology solutions in alignment with administrative goals, while delivering excellence in
customer service.
In support of this mission, we will:
Collaborate with City managers to understand the information technology needs
Provide leadership and planning for the effective, dependable and strategic use of emerging technologies
Demonstrate technical and operational excellence through a commitment to professionalism and
continuous improvement
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 287,480.00 $ 291,313.47
Supplies $ 8,400.00 $ 6,766.41
Services and Charges $ 72,128.00 $ 65,944.09
Miscellaneous $ 750.00 $ 401.25
Total $ 368,758.00 $ 364,425.22
11
April 2019
Program Descriptions & Goals
The goal is to provide vision and leadership, deliver timely and effective responses, provide reliable, usable
information systems, and commit to developing and maintaining technically skilled staff. The MIS Department
provides users with the following services.
IS Infrastructure ‐ install, maintain and keep up‐to‐date hardware and software components, cabling and
all other equipment necessary to make the information technology systems function according to the
established needs of the City. Network design, administration, and monitoring to keep the system working
properly. This also includes wireless networks, security cameras and key card entry systems.
IS Functionality – researching and maintaining operational applications, develo ping, securing, storing and
backing up electronic data that belongs to the City, and assisting in the use of software and data
management by all areas of the organization.
IS Support – configure, deploy, maintain, troubleshoot and support computer workstations, laptops,
printers, mobile devices, software, and other computer and telecommunications devices. Diagnose and
resolve problems associated with information technology. Inventory and document hardware and
software. Train and assist users.
IS Governance – establish and manage the selection, funding and prioritization of information technology.
Develop and maintain network security, data protection, policy, and compliance.
Website/Social Media – creating and maintaining the website and social media presence to meet the
needs of the City and the community.
Program Accomplishments and Results, Special Awards, Recognitions
During 2018, the MIS Department completed the following tasks.
Scheduled equipment replacement
Responded to 939 helpdesk tickets
Researched and replaced postage machine
Purchased and installed new backup system for the City network
Purchased and installed new SAN for the City data network
Upgraded equipment in the AV Control Room for the Council Chambers
Replaced several pieces of equipment in the Council Chambers
Started the implementation of a new software package for the Public Works Department
Installed new mobile device management system for City mobile network
Purchased and upgraded AV equipment in both conference rooms for the Stillwater Public Library
Installed new server host at the Stillwater Recreation Center
Replaced printers and copiers as needed
Upgraded video equipment and laptops in squad cars
Implemented key card system at Stillwater Public Library
Provided technical support to the Stillwater Water Board
Developed and implemented plan to assume support of the public network at the Stillwater Public Library
Replaced and supported City owned cell phones as needed
Supported and updated 100+ programs used by City employees at 9 locations to perform their job duties
Performed daily maintenance, troubleshooting and monitoring of the City’s network
Monitored and kept anti‐virus, anti‐malware, and e‐mail filtering software up‐to‐date and functioning
Added wireless access points to the City’s wireless network for better coverage and stability
Repurposed or recycled old equipment and removed from inventory
Future Challenges and Opportunities
The role of IS is shifting and staff has become increasingly responsible for a more integrated approach to overall
strategy and operations. Some of the issues are:
Increased need for IS support as department technology becomes more available, complicated and
needed for effective, efficient use of employee time
Software integration within departments
Increasing cybersecurity threats
Social media safeguards and strategy within the City
The ever growing need for GIS support and assistance within all City departments
A growing need for employee’s to work from home
12
April 2019
Community Development
Mission
To provide the community with a quality living environment and quality public services and facilities while
protecting cultural, historical and natural resources through fair and open government, care planning, effective
management and efficient fiscal policy.
Department Organization
Planning Department
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 379,646.00 $ 338,957.04
Supplies $ 3,250.00 $ 1,502.67
Services and Charges $ 73,946.00 $ 120,398.58
Miscellaneous $ 7,900.00 $ 9,600.42
Total $ 464,742.00 $ 470,458.71
Program Descriptions & Goals
Long range planning
o Comprehensive Plan development and maintenance
o Park plan development
o Neighborhood plan development
o Municipal facilities plan development and construction
Current planning
o Land use case management
Community Development
Director
(1 FTE)
Building Inspections
Building Official
(1 FTE)
Building Inspector
(2 FTE)
Permit Technician
(1 FTE)
Planning Department
City Planner
(1 FTE)
Administrative
Assistant
(1 FTE)
Zoning
Administrator
(1 FTE)
13
April 2019
Manage case load and projects for Planning Commission, Heritage Preservation
Commission and Downtown Parking Commission
Manage case load and project management for Park Commission when park and trail
development is concerned
Manage case load and project management for City Council when Community
Development Department matters are concerned
o Short term home rental program
Manage licensing program for Short Term Home Rental properties
o Ordinance development
As needed research and develop zoning and related land use ordinances
o Grant writing for historic preservation, planning studies and land use related projects
o Economic development
Land use code enforcement
Program Accomplishments and Results, Special Awards, Recognitions
Completed draft of 2040 Comprehensive Plan, including a complete re‐write of the Historic Resources
Chapter
Coordinated Joint Use Lease for new armory
Continuing education: Director attended Sign Research Foundation workshop; City Planner attended
both the State Planning Conference and the State Historic Preservation Conference
Updated procedures for many administrative tasks
Enrolled in GreenStep Cities program
Substantial completion of City Hall 3rd floor remodeling
Developed four year work plan for Planning Division
Redesigned and updated on‐line property information portal
Managed a planning case load that was larger than any year since 2006. Some of those 122 requests
included 9 residential plats, 27 use permits (a dozen for vacation rentals), 19 variances and 7 zoning
ordinance amendments
Future Challenges and Opportunities
Develop sign ordinance amendment for electronic business signs and institutional signs
Submit 2040 Comprehensive Plan to the Metropolitan Council for approval
Develop implementation strategies for 2040 Comprehensive Plan, including Downtown improvements,
affordable housing initiatives, GreenStep Cities best practices, etc.
Revise division work plan to incorporate 2040 Comprehensive Plan implementation strategies and
programs
Update Zoning Code and Zoning Map to be consistent with 2040 Comprehensive Plan
Complete City Hall remodeling on second floor
Develop master park plan for the former Aiple property
Develop business plan for Bridgeview Park’s historic buildings (Bergstein warehouse and Shoddy Mill)
Downtown parking capacity study
Develop improved tracking system for land use enforcement cases
61 90 58 90 106 103 86 87 73 59 58 54 42 49 36 40 41 66 82 87
27
46
54
58
90 74
28 55 51 57 44 49 61 50 62 45 53 30 40 35
0
50
100
150
200
250
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Annual Planning Cases
Planning Cases Heritage Preservation Cases
14
April 2019
Building Inspections
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 332,413.00 $ 376,321.00
Supplies $ 7,800.00 $ 3,459.43
Services and Charges $ 48,992.00 $ 76,585.57
Miscellaneous $ 1,750.00 $ 1,631.17
Total $ 390,955.00 $ 457,997.17
Program Descriptions & Goals
Construction consultation with owners, contractors and consultants
Building plan review
Building inspection
Program Accomplishments and Results, Special Awards, Recognitions
Continued creating handbook to document procedural processes
Considerable progress on digitizing property files
All staff members completed requisite classes for maintaining licenses
Completed an organizational review and improvement retreat conducted by an independent third party
consultant
Based upon the organizational review, developed a building permit tracking system and weekly inter‐
departmental meetings to make permit application review as efficient and accurate as possible
Improved turnaround time for building permits
Issued 2,236 permits, the most in one year at least since 1999
Conducted 2,013 inspections per full‐time equivalent inspector – the largest number per person in any
year, at least since 1999
Three major projects this year: The Crosby Hotel, The Lora Hotel and The Lodge at the Lakes of Stillwater
1092 1226
1553
1126 1085 1206 1055 1105 1230
1504
1233
2193 2236
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Total permits issued
15
April 2019
Future Challenges and Opportunities
Become involved earlier in the development process to identify building code design issues
Digitize all street address files
Continue improving turnaround times with new tracking system, weekly inter‐departmental huddles,
and proactive customer communication
0
20
40
60
80
100
120
140
160
180
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Single Family Homes
Assisted living
Townhomes & Condos
New Housing Starts
769
1184 1285 1376 1632 1374 1151 1003 1033
1695 1434 1379 1576 1420 1374 1530 1538 1352
1649
2013
2308
3551
3854 4127
4897
4122
3453
3009
2582
3389
2868 2758
3152
2839 2748
3060 3075 3109
4123
6038
333333332.5222222222.32.53
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Inspections per person Total Inspections Number of Inspectors
16
April 2019
Engineering / Public Works
Mission
To provide the Stillwater community with essential services in a safe, reliable, and environmentally responsible
manner, placing a high value on quality and teamwork.
Department Organization
The Public Works Director who works directly for the City Council and the City Administrator heads the Public
Works Department. The Public Works Department is divided into two departments: Public Works and Engineering.
Public Works is further divided into five departments; Streets, Parks, Sanitary Sewer, Storm Sewer, and Signs and
Lighting. In actual practice, these are not separate departments, but rather these are different divisions that are
served by the same supervisors and maintenance workers. All the departments within the Public Works
Department work together to coordinate services, provide quality customer service, and ensure the infrastructure
is reliable, efficient and done in a cost effective manner
There are 24 full‐time employees in Public Works: 5 in Administration, 17 assigned to Public Works, and 2 in
Engineering. Annual hiring of 10‐12 summer seasonal employees assist in each of the departments. Personnel costs
are funded from the General Fund, (Streets and Engineering), Enterprise Funds, (Sanitary Sewer, Storm Sewer,
Signs and Lighting and Revenue Funds (Parks).
The Public Works Department is fortunate to have experienced staff that is very knowledgeable and skilled in their
jobs. At the end of 2018, the length of employment with the City for full‐time employees ranges from 0.5 to 24 years,
with 12.7 years of average of experience. In 2018, Chad Rogness reached his 15‐year anniversary and Joel Jordan
reached his 5‐year anniversary. Michael Wisner was added as a Mechanic. Promotions included Bob Templin to
Lead Worker Mechanic, Eric Cambronne and Wade Wellner to Maintenance Worker III.
The Engineering Department added Reabar Abdullah, as the Assistant City Engineer in March, and said goodbye to
Beth Wolf, after 18 years as the Engineering and Public Works Administrative Assistant. Byron Theis, Engineering
Technician, reached his 5‐year anniversary.
Fund FTE
Engineering 3.25
Streets 6.75
Parks 6.25
Sewer 3.75
Storm Sewer .90
Surface Water 2.30
Lighting .80
Public Works Director
(1 FTE)
Engineering
Department
Assistant City Engineer
(1 FTE)
Engineering
Technician IV
(1 FTE)
Engineering
Technician III
(1 FTE)
Administrative
Assistant
(1 FTE)
Public Works
Department
Publics Works
Superintendent
(1 FTE)
Asst Public Works
Superintendent
(1 FTE)
Lead Worker
(4 FTE)
Maintenance
Worker IV
(5 FTE)
Maintenance
Worker III
(5 FTE)
Maintenance
Worker II
(2 FTE)
Maintenance
Worker I
(10 Seasonal)
17
April 2019
Engineering Department
The objective of the Engineering Department is to insure that the City’s infrastructure is kept in working order and
rehabilitated in a cost effective manner. The department is responsible for planning, design, and construction of all
municipal infrastructure, mapping, surveying, as‐built records management, right‐of‐way management and
permitting, pavement and storm water management, grading and utility permits, coordinating projects with other
government agencies, and activities associated with park planning and building facilities.
Budget Update (Unaudited – General Fund Budget Departments Only)
Description Appropriation Actual
Personnel Services $ 333,685.00 $ 364,800.34
Supplies $ 4,500.00 $ 3,553.21
Services and Charges $ 32,743.00 $ 15,031.08
Miscellaneous $ 2,500.00 $ 1,178.09
Total $ 373,428.00 $ 384,562.72
Program Accomplishments and Results, Special Awards, Recognitions
Review and oversight of six new developments
o Heifort Ponds – 24 lots
o Boutwell Farms – 8 lots
o Heritage Ridge – 7 lots
o Nottingham Village – 16 lots
o Westridge – 16 lots
o The Lakes of Stillwater – senior living facility
Improved 4.3 miles of streets as part of the 2018 Street Improvement Project
Completed the design and construction of Marylane Drainage Project with the assistance of TKDA
Hired AMI Consulting for the design of St. Croix River Shoreline Stabilization and Riverwalk Project
Began construction of the Vets Memorial Parking Lot Project with assistance from WSB – 90% completed
Issued 83 Right‐of Ways Permits, 23 Obstruction Permits and 2 Grading Permits
Update Street and Utility Maps on GIS
Conduct MS4 Annual Meeting
Weekly erosion control inspections for developments
Develop 5‐year Capital Improvement Plan
Assist with City’s Comprehensive Plan and updating the City’s Surface Water Management Plan
Intergovernmental Projects
The Director of Public Works/City Engineer spent time coordinating and planning with Oak Park Heights,
Washington County, MnDOT, Browns Creek Watershed District and Middle St. Croix Water Management
Organization for various projects affecting Stillwater and its infrastructure. The following is a list of projects and
activities that were contributed to in 2018.
County Road 23 (Third Street S) Concrete Rehabilitation (design and construction)
County Road 5 Pedestrian Safety Improvement Phase I (design construction)
County Road 24 (Osgood Ave) Reconstruction
Washington County Jurisdictional Study
St. Croix River Crossing Project, Loop Trail Project Phase 2 Construction
Lift Bridge Rehabilitation Project (planning and design)
TH 36 and Manning Interchange Project
Future Challenges and Opportunities
Complete annual Street Improvement Project in a timely and efficient manner
Update Pavement Management Plan and create a 3‐year Street Improvement Plan
18
April 2019
Update 5‐year CIP
Update GIS System
Hire a consultant to complete ADA Transition Plan
Assist in the implementation of a new asset management system
Public Works Department
The City of Stillwater Public Works Department is responsible for the reliable and the long‐term operation,
maintenance, repair, improvement and management of all City infrastructure. Public works staff provides its
residents and businesses with clear passage of streets and trails, safe collection of wastewater, reliable flood
protection, beautiful parks, fields and recreational facilities.
Budget Update (Unaudited – General Fund Budget Departments Only)
STREETS
Description Appropriation Actual
Personnel Services $ 637,436.00 $ 589,941.03
Supplies $ 286,535.00 $ 267,590.57
Services and Charges $ 202,731.00 $ 165,799.28
Miscellaneous $ 1,300.00 $ 42,875.94
Total $ 1,128,002.00 $ 1,066,206.82
PARKS
Description Appropriation Actual
Personnel Services $ 560,626.00 $ 578,539.84
Supplies $ 119,680.00 $ 110,019.77
Services and Charges $ 195,923.00 $ 192,671.42
Miscellaneous $ 47,000.00 $ 49,535.35
Total $ 923,229.00 $ 930,766.38
Program Accomplishments and Results, Special Awards, Recognitions
Resurfaced the basketball courts at Lily Lake Park and Benson Park
Replaced lighting at the Lily Lake tennis courts with LED lights
Upgrade the Marine Circle Lift Station to a submersible pump system
Purchase of tandem axle plow truck with wing
Purchase of utility truck with crane
Spread topsoil, seeded and added irrigation to the athletic field at the SE corner of Manning and TH 96
Began reconstruction of Pioneer Park bathrooms
Employee Training
Developed 5‐year Capital Improvement Plan
Assisted in the permitting, coordination and set‐up of special events
Assisted with Art Sculpture Tour, Pollinator Friendly Alliance and Day Lily Club
Removed and rebuilt the fishing pier at Lily Lake (to be installed in the Spring of 2019)
Program Descriptions & Goals
Streets
The Street Department’s main objective is the repair and maintenance of the City’s 97 mile street network so they
are safe for the public. Activities include snow and ice control in the winter months, road maintenance repairs and
tree trimming in the summer months. In 2018, there were 13 total snow and ice events, crews used 645 tons of salt
and 9,000 gallons of salt brine on our roads. Maintenance crews used 1,050 tons of asphalt to fill potholes, skim
19
April 2019
coat, patch or repair various pavement. The crew also sealed cracks in the pavement, and painted crosswalks and
pavement markings during the summer and trimmed boulevard trees.
The Streets Division also includes the Vehicle Maintenance Department. This department is responsible for the
repairs of over 110 pieces of equipment ranging from lawn trimmers and tandem axle plow trucks as well assisting
other city departments with their vehicle maintenance.
Parks
The main objective of the Parks Department is to maintain and operate the parks in such a way as to promote
recreation and leisure opportunities for Stillwater residents. Stillwater’s Park System includes 38 parks, covering
595 acres, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, and 6 bathroom facilities. Activities
required in meeting this objective include mowing, prep ballfields, trash pickup, maintain turf, inspect park
infrastructure, maintain bathrooms, plow trails, setup and take down special events.
Sanitary Sewer
The main objective of the sanitary sewer department is to insure uninterrupted operation of the City’s wastewater
collection system. The department maintains 92 miles of sanitary main, 14 lift stations, and 2,225 manholes.
Activities include clean and televise sewer lines, operate and monitor lift stations, provide 24‐hour oversight to
emergency backups and system failures, repair damage lines and manholes, and assist residents as needed. In
2018, the department cleaned 27.5 miles of sewer main, televised 2 miles of sewer main, responded to 31 lift station
alarms, and 6 sewer backup calls.
Storm Sewer
The Storm Sewer Department is responsible for the maintenance and operation of the City’s storm sewer system
to insure minimal flooding during the storm events and to minimize the impact of storm water runoff to the
environment. The City’s storm system consists of 80 miles of storm sewer, 3,200 storm drains/manholes, 1 lift
station, 140 ponds and 101 wetlands.
As part of the City’s MS4 permit, the City annually inspects and performs necessary repairs on 25% of the City’s
storm ponds and wetlands. In 2018, 36 locations were inspected and 31 required maintenance. In addition, there
were 48 sump manholes and two stormceptor manholes cleaned and debris removed. City crews worked with
Conservation District and performed maintenance on 40 rain gardens. The City’s street sweeping program
amounted to 2,350 lane miles of street being swept totaling 1,850 cubic yards of debris removed. As part of the
pond maintenance program, Northland pond was dredged and wet storage was increased.
Signs and Lighting
The main objective of the Signs and Lighting Division is to maintain and operate signs, lighting and signals to ensure
roadway safety for the public. The City has 3,599 traffic signs, 1,020 street name signs and 1,643 street lights. The
department is in the fifth year of a 10‐year plan to replace all traffic and street name signs to meet the FHWA
requirement for retro–reflectivity. For 2018, 409 signs were replaced in Croixwood and Industrial Park.
Future Challenges and Opportunities
Complete Public Works Operational Review
Complete all scheduled Capital Outlay items and Update 5‐year CIP
Review and Update Public Works Policies
Review staffing needs and continue to look for ways to make the department more efficient
Improve service delivery to residents
Study improvements to the sanitary sewer system for future development in the SW area of the City
Maintain, repair and improve aging infrastructure (streets, park amenities and utilities)
Maintain and improve major parks: Lowell Park, Pioneer Park and Teddy Bear Park
Creation and development of new parks such as Bridgeview Park, Palmer Property, Aiple Property
Maintain equipment to provide better service
Maintain aging building facilities
Meet the demand of the City and residents with current staffing levels due to increase expectations,
added infrastructure, services and mandates
Keep staff trained to keep up with new technology
Dedicate staff time for planning, coordination and preparation for events and daily rental of parks and
facilities, volunteer groups
Succession planning of leadership positions and replacement of senior employees within the department
20
April 2019
Finance
Mission
The mission of the Finance Department is to manage and maintain financial records in conformity with generally
accepted governmental accounting principles and in compliance with federal, state, and local laws. Additionally,
the department oversees the investment of public funds, cash management, and the issuance of debt. The
department develops and maintains effective and efficient financial planning, reporting, and central support
systems in order to assist the operating departments in achieving their financial objectives; provides the City
Council, City Administrator, and other City officials with financial information on a timely and meaningful basis;
provides quality service to the City’s customers and safeguards the City’s assets.
Department Organization
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 367,065.00 $ 365,564.45
Supplies $ 4,750.00 $ 2,200.71
Services and Charges $ 78,086.00 $ 79,681.13
Miscellaneous $ 2,300.00 $ 2,091.37
Total $ 452,201.00 $ 449,537.66
Program Descriptions & Goals
The Finance Department is responsible for providing accurate and timely information regarding the City's financial
affairs. To achieve this, the department provides the following services:
Collection of revenue – Revenue is collected from a variety of sources including tax such as sales tax,
property tax, and utility user’s tax. Other sources of revenue include grant funds, charges for services,
interest earnings, and intergovernmental transfers.
Distribution of funds – Payments are made to vendors for services and material received. An improved
system of issuing checks made the release of funds a reality on a weekly basis. Employee payroll checks
and related benefits are paid on a bi‐weekly basis.
Proper transaction recording – Detailed accounting is achieved by recording all financial transactions in
the City’s financial system using a 15‐digit numbering scheme. Each of these General Ledger Numbers are
unique, are individually budgeted, and performance against these budgets are tracked.
Financial reporting – Annual reports include the Comprehensive Annual Financial Report (CAFR), a
report that regularly receives awards for outstanding financial reporting from the Government Finance
Officers Association (GFOA).
Budget administration – A budget is prepared for City Administrator and Council review and approve on
a yearly basis. The approved budget is distributed and made available for public review and reference via
the internet. Internally, staff manages their department’s respective budgets.
Debt issuance/management – Debt is issued with the assistance of the City’s financial advisor.
Outstanding debt is administered in full accordance with the Official Statements of the City’s bond
issuances.
Finance Director
(1 FTE)
Assistant Finance
Director
(1 FTE)
Payroll
HR Technician*
(1 FTE)
Senior Account
Clerk**
(1 FTE)
Fund FTE
Finance 3.35
Sewer** .20
Storm Sewer** .15
Lighting** .15
Human Resources* .15
21
April 2019
Investment of City funds – The City’s idle cash is invested in strict accordance with the City’s Investment
Policy with particular emphasis on the following criteria:
Safety
Credit risk
Market risk
Liquidity
Yield
Program Accomplishments and Results, Special Awards, Recognitions
Successful 2017 Year End Audit
Certificate of Achievement in Financial Reporting for the 2017 Comprehensive Annual Financial Report.
Future Challenges and Opportunities
Accounting software updates/support
Funding for new capital projects
ACA (Affordable Care Act) filings
Certificate of Achievement in Financial Reporting for the 2018 Comprehensive Annual Financial Report
2020 – 2024 CIP (Capital Improvement Program)
Transitioning new Finance Department staff
22
April 2019
Fire
Mission
Our commitment is to protect life and property through dedicated service to the community.
Values
The Fire Department’s vision is to provide service to our communities with P.R.I.D.E. ‐ Professionalism, Respect,
Integrity, Dedication and Excellence.
Department Organization
The Stillwater Fire Department was established by Council action on May 28, 1872. The Department is configured
as a combination Department consisting of 12 career fire personnel and up to 30 volunteer paid‐on‐call personnel.
Career staff consists of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three shift Captains,
six Firefighter/Engineers and a .75 Administrative Support position. The Department is staffed 24/7/365 days per
year with a minimum of two personnel. The volunteer paid‐on‐call personnel respond when paged and are trained
to various levels which include assistant chief officer to the rank of firefighter.
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 1,529,112.00 $ 1,425,697.01
Supplies $ 55,800.00 $ 36,829.71
Services and Charges $ 262,438.00 $ 263,091.16
Miscellaneous $ 10,250.00 $ 9,458.94
Total $ 1,857,600.00 $ 1,735,076.82
Fire Chief
(1 FTE)
Deputy Chief
Fire Marshal
(1 FTE)
Data Specialist
(.75 FTE)
Assistant Chief
Operations
(1 FTE)
A Shift
Captain
(1 FTE)
Firefighter
Engineer
(2 FTE)
Firefighter
(VPOC)
Lieutenant
(VPOC)
B Shift
Captain
(1 FTE)
Firefighter
Engineer
(2 FTE)
Firefighter
(VPOC)
C Shift
Captain
(1 FTE)
Firefighter
Engineer
(2 FTE)
Firefighter
(VPOC)
Assistant Chief
(VPOC)
23
April 2019
Program Descriptions & Goals
Stillwater Fire Department provides the following services to the City of Stillwater, City of Grant, Stillwater and May
Townships. The total response area includes 53 square miles and a permanent population of approximately 25,000
residents. Services provided include:
Fire Suppression
Structure – Residential/Commercial
Wildland/Urban Interface/Grass
Marine
Auto
Basic Life Support (BLS) Non‐Transport
Emergency Medical Services
Medical Emergencies
CPR & AED Certified
Advanced Airway Placement
BLS Drug Variances
Assist Lakeview EMS
Blood Pressure Wellness Checks
Code Enforcement/Inspections
New Construction
Commercial
Multi‐Family Residential
Day Care/Foster Care
Special Events
Fire & EMS Education
In‐service Training for Business – Fire
extinguisher, AED and CPR
Drills and Exercises – Conduct drills,
exercises and review emergency plans for
assisted living facilities and area business
Community Support
Community Events
Station Tours
Technical Rescue
Auto/Machinery Extrication
High Angle Rope
Confined Space
Collapse
Hazardous Materials
Hostile Event Response
Terrorism
Water/Ice Rescue
Surface
Dive – Washington County Fire
Department Dive Team
Boat – River and Lakes
Fire Prevention
School Visits and Activities
Open House
Senior Center Presentations
General Emergency Preparedness and
Fire Safety Presentations
Maintenance
City Fire Hydrants – Assist Water
Department with annual required
maintenance and flushing
Fire Station – Maintain building, grounds,
and mechanical equipment
Trucks/Response Equipment – Daily
inspections and inventory of apparatus
and equipment
Program Accomplishments and Results, Special Awards, Recognitions
2018 was an extremely exciting year for the City of Stillwater and for the Stillwater Fire Department (SFD). The
new St. Croix River Crossing opened in early August and a number of new building projects are underway in
our growing community. The Department strives for continuous quality improvement to meet the needs of our
ever developing community. Goals accomplished in 2018 include:
Received over $52,000 in various grants for department improvements
Completed department staffing analysis study
Improved response capabilities and safety with the purchase of new high angle rope and dive rescue
technical gear
Represented SFD and the City of Stillwater’s interests in the new CAD dispatching system
implemented by Washington County and worked on finding solutions to advance on‐scene Incident
Command software to improve coordinated response – initiated discussions and obtained funding
from WCSO to implement this system for 2019
Participated in disaster exercise with local area business
Implemented disaster planning software for improved emergency preparedness
Obtained $27,000 in grant funding for the Public Works Department to purchase traffic control devices
Implementation of Image Trend Elite Incident Records Management System Upgrade – this is the
State Fire Incident Reporting System required to manage fire data and run response
Hired and promoted several personnel, both career and volunteer paid‐on‐call, throughout the year
24
April 2019
In addition, SFD responded to 1,821 calls for service; performed numerous fire inspections, in both new and
existing structures; conducted plan reviews; investigated potential fire code violations; completed hydrant
maintenance activities; performed equipment and station maintenance duties, and completed thousands of
hours of staff training to maintain required licensing and certification standards.
The department looks forward to an exciting and productive 2019 serving our citizens. The Stillwater Fire
Department aspires to be a recognized “public safety leader” providing a safe and secure environment for our
community. The Department will continually evaluate our operations to ensure we consistently exceed the
expectations of our citizens.
All activities to promote safety and ensure community preparedness are consistent with the City’s goal of
promoting Organizational Excellence and to provide the best possible service to our citizens.
25
April 2019
Future Challenges and Opportunities
Staffing the volunteer paid‐on‐call (VPOC) personnel is the number one challenge facing the Fire Department,
and is a major concern now and into the foreseeable future. The volunteer paid‐on‐call deployment model
and providing consistent, well trained, staffing is an issue not unique to SFD, and is a local as well as a
nationwide concern.
The following are the key staffing issues:
Turnover of VPOC staff is costly. Average cost to train a new VPOC recruit is $7,500 ‐ $10,000 per
candidate for the first year. (Currently SFD has 5 open VPOC positions).
Turnover has increased with an average retention rate of only 2 6 months per individual. This turnover
rate does not allow time for these personnel to gain experience or advance to drive or operate any of
the fire apparatus or promote into line officer leadership positions.
Turnover is occurring at a faster rate than replacement. This means the Department is losing people
faster than it can replace due to the requirements of becoming a firefighter, e.g., testing, background
checks, psychological review, drug screening, probationary period, certification training and licensing,
etc.
Leadership positions are currently not being filled due to the large number of new employees who do
not meet minimum requirements to fill advanced level fire service positions, such as,
Firefighter/Engineer, Lieutenant, Captain and Chief Officer level appointments. This is creating a
significant void in leadership and experience in the Department and is creating substantial stress on
Department response and operations.
Additional challenges facing the Department include the continued growth and expansion of the City. Based
on the Community Development Department, Stillwater currently has over 475 residential living units being
built. In addition, several high impact commercial developments are completed or in progress. Ongoing
demand and the increase of special event activities and the need to properly pre‐plan and staff for these
events stress the Department as well.
Economic growth and expansion are vital to our community, however they also increase service demand and
add potential risk for the Fire Department and community.
26
April 2019
Police
Mission
To maintain and enhance the quality of life and public safety in Stillwater by working with the community,
enforcing laws and ordinances in a professional manner.
Department Organization
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 2,912,728.00 $ 2,987,310.71
Supplies $ 95,100.00 $ 82,008.66
Services and Charges $ 276,346.00 $ 295,731.89
Miscellaneous $ 23,500.00 $ 34,450.55
Total $ 3,307,674.00 $ 3,399,501.81
Program Descriptions & Goals
Primary programs are Patrol, Investigations, and Administration. Other programs include Parking
Enforcement, Event Security, Crime Prevention, SWAT, K‐9, Animal Control, Emergency Management, and
School Resource Officer.
Patrol: Calls for service (14,000 per year); Traffic Enforcement.
Investigations: Investigate cases (each investigator has 15‐30 cases to investigate at any time);
School Resource Officer (divides time between Jr. High and Juvenile investigations). Computer
Forensics.
Police Chief
(1 FTE)
Captain
(1 FTE)
PATROL
Patrol Sergeants
(4 FTE)
Patrol
(15 FTE)
Police Reserves
(14)
INVESTIGATIONS
Investigative
Sergeant
(1 FTE)
Investigators
(2 FTE)
SUPPORT SERVICES
Community Resource
Officer
(1 FTE)
Community Service
Officer
(1 FTE & 3 Seasonal)
Parking Officer
(1 FTE)
Data Specialists
(2 FTE)
27
April 2019
Administration: Records requests; Background checks; budgeting and finance; logistics; planning;
Firearms Purchase Permits, maintaining and monitoring various databases.
Crime Prevention: Night to Unite; Neighborhood Watch; Crimes against the Elderly; Bike Rodeo;
Internet Safety, Toys for Tots, Coffee with a Cop, Social Media ‐ Facebook.
Parking Enforcement: Oversee City parking infrastructure (ramp, lots, on‐street parking), enforce
parking ordinances.
Event Security: Provide planning and staffing public safety for majority of events occurring in City.
Program Accomplishments and Results, Special Awards, Recognitions
Officer Hunter Julien recognized with award for DWI Enforcement
Murder Investigation resolved with confession (no other evidence available)
Intern Morena Garcia wrote grant which resulted in purchase of AED’s
Tri‐Tech computer system implemented
Future Challenges and Opportunities
Remodel of Police Department 75% complete. Main level still needs some upgrades/repairs.
Lower level (locker rooms) to be completed 2020.
Community Resource Officer: Will oversee all Crime Prevention, Crime Mapping, and Social Media
functions for Dept. Has already increased social media presence tenfold, generating online traffic.
Investigator: Anticipated to add 4th investigator in first half of 2018 to assist with computer
forensics and other areas current investigator staff simply cannot keep up with.
Overall Staffing: This is our #1 issue/challenge. 42% of our shifts are staffed by two officers, in a
city of 20,000+, 2,000,000+ visitors, increasing events. Federal grants for police officers are no
longer available. Calls for service continue to become more serious. This is a trend, at our current
staffing levels, that is alarming and will have serious ramifications in the future.
28
April 2019
Legal Services
Mission
To provide the best quality legal services in the most efficient and professional manner.
Budget Update (Unaudited)
Description Appropriation Actual
Personnel Services $ 146,047.00 $ 84,659.10
Supplies $ 2,500.00 $ 1,691.62
Services and Charges $ 166,281.00 $ 169,457.95
Miscellaneous $ 0.00 $ 1,682.49
Total $ 314,828.00 $ 257,491.16
Legal services are divided into three parts: Retainer, Non‐Retainer and Pass‐Through.
Retainer services include offering routine legal advice, preparing ordinances, review of legal documents and
contracts, conducting training for all boards and commissions as requested and attending all meetings of the
Council or other meetings as requested. The Retainer fees are capped at $75,000 per year. LeVander, Gillen &
Miller, P.A. began representing the City of Stillwater on July 15, 2018 therefore this report covers 5½ months
of services.
Non‐Retainer services include condemnation, litigation and special economic development matters. LeVander
et al. are paid an hourly rate of $155/hour for these services and these are not capped.
Pass‐Through services include development agreements for private development. LeVander et al. are paid
$205/hour for these services and these are not capped, but are typically recaptured with development fees
charged to the developer. A total fee summary of the 3 services is shown below:
TYPE OF SERVICE HOURS FEES
Retainer 330 $35,972
Non‐Retainer 385 $56,429
Pass‐Through 27 $4,498
TOTAL 742 $96,899
How the hours break down by department is shown below:
29
April 2019
The fees by department are shown in this pie chart:
The remaining pie charts show how the Administrative fees, Community Development Fees, Litigation fees and
Pass‐Through fees were allocated by project.
30
April 2019
Program Descriptions & Goals
Prior to the departure of the long‐term City Clerk, LeVander et al. worked with the City Clerk to revise
the liquor ordinance, which was one of the last items on her to‐do list.
Successfully adopted a small wireless ordinance and related documents, including a small wireless
application, collocation agreement and planning process for efficient review of any new small wireless
facility.
On the litigation front, LeVander et al. continued to defend the City in the 2017 Assessment Appeals,
which was initiated prior to our representation.
Continued to actively participate in the White Bear Lake vs. DNR litigation to ensure the City’s rights
are protected from undue burdens inappropriately placed upon it by the court or any regulatory
agency.
Future Challenges and Opportunities
On‐going litigation in the 2017 Assessment Appeals.
There are numerous parking leases throughout the city that require review and potential amendments.
The Historic Preservation ordinances and policies need to be amended to adjust the process that
currently exists.
The nuisance/open storage/administrative citation ordinances are ripe for amendments, as directed
by the Council.
216 4th Street N, Stillwater, MN 55082
651‐430‐8800
www.ci.stillwater.mn.us
CITY COUNCIL MEETING MINUTES
April 2, 2019
REGULAR MEETING 4:30 P.M.
Mayor Kozlowski called the meeting to order at 4:34 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna
Absent: Councilmember Weidner
Staff present: City Administrator McCarty
City Attorney Land
Police Chief Gannaway
Assistant Fire Chief Ballis
City Planner Wittman
Public Works Director Sanders
Finance Director Provos
City Clerk Wolf
OTHER BUSINESS
Review of Leased/Licensed City‐owned property
City Administrator McCarty presented a list of leased and licensed City‐owned properties.
He stated he has contacted a real estate marketing firm in Minneapolis, which agreed to
provide a proposal to do a market analysis on comparable properties. Staff would like to
develop a standard lease or license agreement to use into the future with the existing and
new properties. Some of the existing agreements have unlimited, ad infinitum items, raising
the question, how to renegotiate something that has no end. Additionally, some of the
driveway access arrangements have changed property owners, so staff would like to get
current owners’ names in the records.
On a question by Councilmember Polehna if a license could be written for the property
instead of the owner; City Attorney Land responded that encroachment agreements
typically run with the land. Unless the City terminates the agreement, the use may continue
regardless of property ownership.
STAFF REPORTS
Public Works Director Sanders gave the flood update. The dike was built to 692 elevation.
The river has crested at 688.4 and will drop over the next few days. The dike will remain for
a couple of weeks in case of heavy rains. He thanked all the volunteers who helped sandbag.
Mayor Kozlowski inquired if some parking lots could be opened; and Police Chief Gannaway
replied that as long as the dike is in place, pumps or no pumps, the barriers will need to stay.
The trail is needed for access.
City Council Meeting April 2, 2019
Page 2 of 10
Assistant Fire Chief Tom Ballis presented the Fire Department 2018 Annual Report; and it
is posted on the City web site.
City Clerk Wolf reminded Councilmembers to sign up for Hands Only CPR AED and Stop the
Bleed Training later in April.
Public Work Director Sanders stated crews are pothole patching, cleaning up parks and
starting street sweeping. The fieldhouse floor at the Armory was flooded and the basketball
court and matting had to be taken up to dry out. The source of the leak was found.
Finance Director Provos informed the Council that the Assistant Finance Director has
resigned as of April 12.
Updating the Council on lobbying for the Highway 36/Manning project, City Administrator
McCarty stated there have been a couple sessions regarding capital projects and there will
be a joint meeting between the House and Senate side. He remind ed the Council of the Metro
Cities annual meeting April 24 and the League of Minnesota Cities (LMC) annual meeting
June 26‐28. He informed the Council that Mayor Kozlowski will be featured at LMC Mayors’
annual meeting in Stillwater April 26.
Councilmember Polehna requested that notice be sent to all the property owners whose
lease and license agreements will be reviewed.
Mayor Kozlowski recessed the meeting at 5:00 p.m.
RECESSED MEETING 7:00 P.M.
Mayor Kozlowski called the meeting to order at 7:02 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna
Absent: Councilmember Weidner
Staff present: City Administrator McCarty
City Attorney Land
City Planner Wittman
Police Chief Gannaway
Public Works Director Sanders
Finance Director Provos
City Clerk Wolf
PLEDGE OF ALLEGIANCE
Mayor Kozlowski led the Council and audience in the Pledge of Allegiance.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
There were no petitions, individuals, delegations or commendations.
OPEN FORUM
There were no public comments.
City Council Meeting April 2, 2019
Page 3 of 10
CONSENT AGENDA
February 19, 2019 regular meeting minutes
Payment of bills
Resolution 2019‐038, approving the 2019 Compensation Adjustment for
Nonrepresented Employees
Resolution 2019‐039, approving the 2019 Health Insurance Plan design changes for
City Council Members
Resolution 2019‐040, approving the base pay structure placement of the Human
Resources Specialist ‐ Confidential Position
Resolution 2019‐041, approving Assignment Agreement with the Veterans Memorial
Committee
Rose Floral April 13th Event
Purchase Playground Equipment for Pioneer Park
Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt the Consent
Agenda. All in favor.
PUBLIC HEARINGS
CPC Case No. 2019‐07, to consider a Preliminary Plat, Rezoning, Final Plat and a Drainage and
Utility Easement Vacation for the property located at 7817 Newberry Court, located in the AP
district. Dan Thurmes, applicant and Michelle and Scott Lindquist, property owners.
City Planner Wittman reviewed the case. Scott and Michelle Lindquist plan to subdivide 2.06
acres of land located at Lot 8, Block 1, Valley High Estates (7 817 Newberry Court North) into
three lots. The Lindquists would retain the northerly lot that contains their residence while
two lots will be for new homes. The subdivision is to be known as Valley High Estates 2nd
Addition. In order to subdivide the property as proposed, Dan Thurmes, applicant, has
requested approval of the following: 1. Rezoning to RA, One‐Family Residential; 2.
Preliminary Plat approval of Valley High Estates, 2nd Addition, a 3 lot residential
subdivision at 7817 Newberry Court North; 3. Vacation of platted drainage and utility
easement; 4. Final Plat approval of Valley High Estates. Staff finds public necessity and the
general community welfare warrant the adoption of the amendment and that the
amendment is in general conformance with the principles and policies set forth in the
Comprehensive Plan and any adopted area or specific plan. The Parks Commission
determined a fee in lieu of land dedication is appropriate. The Joint Planning Board
unanimously approved the rezoning and recommended that no driveway(s) be allowed to
access directly onto Boutwell Road. The Planning Commission forwarded a favorable
recommendation of conditional approval. Staff recommends the Council approve the
preliminary plat, approve the final plat and vacation request, and hold the first reading of
the rezoning, with 11 conditions.
Mayor Kozlowski opened the public hearing.
Dan Thurmes, Cornerstone Land Surveying, on behalf of the Lindquists, spoke to the
concerns regarding access onto Boutwell. A shared driveway seems to be the most logical
solution. It is an intersection so traffic speeds will be very low.
Mayor Kozlowski closed the public hearing.
City Council Meeting April 2, 2019
Page 4 of 10
Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt first reading
of an Ordinance amending the Stillwater City Code, Section 31‐300, entitled Establishment of
Districts by Rezoning Property to RA, One‐Family Residential; to adopt Resolution 2019‐042,
a resolution approving the preliminary plat for Valley High Estates 2nd addition; to adopt
Resolution 2019‐043, a resolution approving the final plat for Valley High Estates 2nd
Addition; and to adopt Resolution 2019‐044, a resolution vacating a portion of the drainage
easements in Lot 8, Block 1, Valley High Estates, Case No. 2019‐07. All in favor.
CPC Case No. 2019‐08, to consider a request by Mark Guenther of Fenway Land Company, LLC,
property owner for the consideration of a Final Plat, Rezoning and a Drainage and Utility
Easement Vacation for Marylane Meadows. Property located at 8393 and 8313 Marylane
Avenue North in the AP District.
City Planner Wittman explained that Mark Guenther, Fenway Land Company, plans to
develop two small acreage parcels on Marylane Avenue North (8313 & 8393 Marylane
Avenue North) with a total size of 4.49 acres. The preliminary plat for the 11 lot single‐family
project was considered by the Planning Commission on January 23, 2019 and conditionally
approved by the City Council on February 5, 2019. On March 27 the Planning Commission
considered and recommended approval of the rezoning and the vacation of underlying
drainage and utility easements. The request before the City Council is to: 1) approve the first
reading of an ordinance to rezone the property from AP, Agricultural Preservation to RB,
Two‐Family Residential; 2) vacate the drainage and utility easements surrounding both of
the existing lots; 3) approve the Final Plat; and 4) approve the Development Agreement. The
Planning Commission recommended approval of the rezoning and the easement vacations.
Staff finds that the requests are consistent with the Comprehensive Plan and are not
detrimental to the neighborhood and therefore recommends approval of the first reading of
the rezoning, the vacation of the existing drainage and utility easements, the Final Plat and
the associated Development Agreement.
Mayor Kozlowski opened the public hearing. There were no public comments. Mayor
Kozlowski closed the public hearing.
Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt first reading
of an Ordinance amending the Stillwater City Code, Section 31‐300, entitled Establishment of
Districts by rezoning property to RB, Two‐Family Residential; to adopt Resolution 2019‐045,
a resolution approving the Development Agreement for Marylane Meadows; to adopt
Resolution 2019‐046, a resolution vacating the drainage and utility easements in Lots 2 & 3,
Block 1, Rivard Addition; to adopt Resolution 2019‐047, a resolution approving the final plat
for Marylane Meadows, Case No. 2019‐08. All in favor.
Project 2019‐02, to consider the 2019 Street Improvement Project.
Reabar Abdullah, Assistant City Engineer, reviewed the 2019 Street Improvement Project.
The total estimated cost of the project is $2,143,427.95 including design, surveying,
inspection, administration, and contingencies. 1.3 miles of streets will receive pavement
reconstruction and 2.8 miles will receive mill and overlay. Residents on Broadway requested
the existing stone curb and crabapple trees on the boulevard be retained, so the decision
was made to do mill and overlay rather than reconstruction on Broadway. The project would
be funded through assessments, permanent improvement bonds and State Aid funds. Water
services will be 100% assessed. Mill and overlay streets will be 80% assessed.
City Council Meeting April 2, 2019
Page 5 of 10
Reconstructed streets will be 70% assessed. State Aid streets (Broadway and Sixth Avenue)
will be assessed 50%. Corner lots will be assessed at 50% of the surrounding properties.
Assessments will be spread over ten years at 4.5%. The contract is scheduled to be awarded
on May 21, construction to take place June through October, and the assessment hearing set
for October.
Public Works Director Sanders added that seniors may have their assessments deferred
until a later date. Interest is still charged on the unpaid balance. He explained that Stillwater
is eligible to receive State Aid money from the gas tax for up to 20% of its roads. Since they
are considered collector roads with heavier use, those property owners are assessed at a
lower rate.
Mayor Kozlowski opened the public hearing.
Myron Reubendale, 609 South Broadway, requested that the work on Broadway avoid the
Fourth of July. He asked why sidewalk is needed on Triangle Park; and Public Works Director
Sanders answered that the City is aware of the Fourth of July bike race and can work that
into the contract. There is currently sidewalk on the west side that ends at the north end of
Triangle Park. The goal is to tie sidewalk into the Triangle Park steps.
Jim Waldron, 805 Sixth Avenue South, stated at the last meeting there was discussion about
sidewalk not being placed on the east side of Sixth Avenue going up the hill. He questioned
if that still the case; and Mr. Abdullah responded that staff will look at it more closely when
doing the plans and see how the grade works. Sidewalk will only be on one side.
Jennifer Tuccitto, 1003 Second Street North, commented that an assessment of $9,000+ is
excessive. She inquired why Second Street was not given the same concession to retain its
stone curb as Broadway was given, which would lower costs. Mr. Abdullah responded that
almost all the stone curb on Second Street is gone. It will make more sense to direct water
past new curb to existing catch basins.
Ms. Tuccitto stated she does not have any water issues, so she is not sure why that expense
can be justified. She understands the need to replace the roadway and appreciates State Aid
money but feels that curbs and gutters are not a necessity. She questioned whether the
project will add nearly $10,000 in value to her home. Mr. Abdullah stated the City is ordering
appraisals for the whole project. The assessment might be adjusted if the assessment does
not fit with the appraisal. He added that Second Street was last done in 1973.
Terry Danley, 1005 North Second Street, expressed concern about a past repair project on
Second Street and whether the sewer project was done properly; and Mr. Sanders replied
that the main was broke so the sewer was replaced. It was not done as a reconstruction
project, but an emergency repair. He added that during the feasibility study, maintenance
crews televise all the sanitary or storm sewer pipes to see if there are cracks to be repaired
when a street project is done.
Mayor Kozlowski asked if any of the curb and gutter can be preserved; and Mr. Abdullah
answered that if a whole section of pavement is removed, it would be very hard to preserve
the existing curb. When snow plows hit the sandstone portions of curb, most of them are
breaking: and in a lot of areas, whole sections are gone.
On a question by Mayor Kozlowski if this road project is more expensive than most in
Stillwater due to topography; and Mr. Sanders responded that the City must follow State Aid
City Council Meeting April 2, 2019
Page 6 of 10
guidelines to receive the funds and build the road to a thicker pavement section. The hills
and bluff are not factors. He reminded the audience that the extra costs are paid for by State
Aid funds, not assessed.
Joe Samuelson 1019 North Second, reiterated others’ concerns. He inquired about the
potential for the assessments to change when bids come in; and Mr. Abdullah replied that
bids might come in lower or higher than the estimate, it depends on the market and prices
at time of bidding.
Mr. Samuelson stated there are dolomite curbs all over Stillwater. When Pine was done they
were all dug up and discarded. He questioned why the City is keeping some of these and not
others? What is the reason for replacing them in one neighborhood and not another; and Mr.
Sanders responded that during the 2018 street project, Broadway Street was in the
feasibility study. At a neighborhood meeting in 2017 or 2018 with Broadway residents, a big
concern of theirs was crabapple trees. If the stone curbs were ripped out, the crabapple trees
were not likely to survive.
Mr. Samuelson stated the policy seems to not be equitable across all properties. He inquired
about provisions for parking on Second during the project; and Mr. Sanders replied that
there will be a period of time when residents would not have access to their driveways, but
for the most part they will be able to park. There will be 2‐3 weeks at the most when they
are removing and pouring curb that residents would not be able to drive over the curb for a
week. If sidewalk is being replaced they would not be able to drive over that sidewalk for
maybe a week.
Mr. Samuelson asked for an explanation of the assessment policy; and Mr. Sanders explained
that they looked at the total cost of reconstruction from Laurel to Wilkin, figured out the
lineal footage on Second, multiplied it by two (two sides of the road), divided the total cost
of the project by lineal foot to achieve the lineal foot cost. Some sections are City owned.
Those were deleted because they were already assessed one full unit when Third Street was
done and the policy says the City cannot assess for a front and back footage.
Mr. Samuelson asked how the 4.5% bond rate was determined; and Mr. Sanders answered
it was assumed. Last year it was 4.25%.
Tom Huelsmann, 401 Greeley Street South, asked about constructing sidewalk along the
north side of Oak Street, but this is not listed elsewhere. He questioned if it is a misprint; and
Mr. Abdullah responded that property east of Greeley will be assessed with sidewalk;
property west of Greeley will be assessed without sidewalk.
Mr. Huelsmann commented that staff and nursing home patrons feel Oak Street is a parking
lot. In the winter they disregard odd/even parking. Five days a week there is a semi making
deliveries to the nursing home. Five years ago a semi took out a fire hydrant right in front of
his house. These things need to be considered when making assessments.
Dave Brennan, 654 Broadway Street, inquired where the sidewalk locations are for Triangle
Park; and Mr. Abdullah replied at the end of the sidewalk right in front of Mr. Brennan’s
house the sidewalk will be continued and it will go around in front of the two benches in the
park and down to Broadway. If the trees cannot be moved, the contractor probably would
not put sidewalk on the lower end of Triangle Park.
City Council Meeting April 2, 2019
Page 7 of 10
Mr. Brennan mentioned that it should be considered a park improvement rather than
residents’ responsibility. He added most residents would prefer no sidewalk.
Mayor Kozlowski countered that it is a sidewalk next to a street.
Mr. Sanders indicated that staff can look at putting one sidewa lk on the west side of the park.
Since Triangle Park is City‐owned, the City is paying that portion of the improvement. If
sidewalk is placed around the whole perimeter of Triangle Park there would not be much
park left. This will be explored as part of the design process.
Mr. Brennan asked about Locust Street East, on the west side of Broadway, which is
currently a paved dead end road with no curb or sidewalk; and Mr. Abdullah answered that
there will be no sidewalk or curb, just another layer of pavement added.
Eric McCann, 413 Martha Street South, stated he wants to appeal. He questioned the thought
process of per unit assessments being a fair way to handle the cost, and how did the City go
from linear footage to per unit; and Mr. Sanders responded that the City has used per unit
assessments for at least 20 years.
Mr. McCann added that he has 50 feet on Martha Street. It seems there would be a more fair
way than him paying $11,000 to have his portion of the street taken care of.
Mayor Kozlowski reminded residents that the City may not assess more than the value that
is added to their property as a result of the project. Appraisals will be done preemptively.
There will still be some debate, but the City is trying to make this fair and reasonable.
Roger Funk, who did not give his address (2600 Hidden Valley Lane), but indicated that he
lives in Croixwood on a corner lot, and he appreciates being charged a half unit per side. He
inquired if the so called secret sidewalk in Croixwood between Northland and Hillside will
be replaced; and Mr. Sanders replied that staff will look at it.
Bruce Ohland, 717 West Oak Street, asked if residents should get their own contractor to
upgrade water service from the curb to the house, and is there any problem going into a
stone foundation; and Mr. Sanders answered that the City will only work within the Right‐
Of‐Way. From the curb to the house is the resident’s responsibility. He suggested the
residents get a contractor to look at it and requested that it be done before the City work
gets started.
Mr. Ohland questioned if the sewer main will be upgraded; and Mr. Abdullah responded that
there do not appear to be any major issues with the sewer.
Mr. Ohland then inquired if the sidewalk and street design are already etched in stone. With
all the snow, street width was an issue. Putting in a six foot sidewalk on the north side of the
street would have the advantage of snow melting easier as opposed to the south side since
there are four properties with retaining walls that are right up to the sidewalk; and Mr.
Sanders replied that unless a whole length of sidewalk needs to be replaced, the City only
does 10‐12 foot lengths of sidewalk. Staff will come out and meet with him to see.
Dave Bataglia, 904 Pine Street West, stated homeowners were charged 50% for Pine Street,
and asked why the rate is now 70%; and Mr. Sanders answered that Pine is a State Aid road
and in 2014 the City changed its assessment rate for residential roads from 50% to 70%.
City Council Meeting April 2, 2019
Page 8 of 10
Mr. Bataglia expressed that he pays almost $4,000 in taxes and now this $11,000 assessment
is a bunch of BS. Some of his sidewalk on Pine Street is now cracked and it is only 4‐5 years
old. He questioned if he is going to be charged for that; and M ayor Kozlowski responded that
the City does not charge for sidewalk repairs.
Katie Oliveira, 2451 Hidden Valley Lane, inquired how she will know when her street will be
out of commission; and Mr. Sanders replied residents can provide their email address for
updates on the project alerting when certain streets will be reconstructed. The City requires
the contractor to provide a construction schedule. The contractor will be given till the end
of October to complete the project. Final assessment numbers will be probably be available
in August. The assessment hearing will be in October. At that point residents may object to
their assessment if they wish.
Herbert Nelson, 620 Oak Street, asked if Oak Street will remain the same width; and Mr.
Abdullah answered yes.
Mr. Nelson added that he respects the procedure, but is confused by is the lateness of it. He
questioned why get such a late start on construction; and Mr. Sanders responded that there
are road restrictions till May.
Jennifer Hintz Wille, 1202 West Pine, stated she is totally for this project because Sherburne
is horrible. There have been a lot of break‐ins in the neighbor hood, so she is concerned about
parking on the street. She requested if there could be increased patrols during construction.
Two public comments were submitted in written form rather than verbally.
Claudia Morgan, 805 Sixth Avenue South, wrote that she is against the project. Regarding a
sidewalk to be built on the east side of Sixth Avenue South: “dangerous grade on east side;
potential water issues (with hardscape) going onto property; removal of necessary
landscaping to complete walk including walls, hedges, trees; sidewalk exists on west side
already.”
Scott Wille, 1202 Pine Street West, wrote, “for the reconstruction of Sherburne Street. It is
well overdue. Please start ASAP.”
Mayor Kozlowski closed the public hearing.
Councilmember Junker thanked the residents for their comments. He realizes assessments
are tough on the pocketbook. He has lived here for 60 years and has had assessments on two
houses including a $90,000 house in 1994 for which he was assessed $14,000. When the
road got done, he loved it. The town is unique and has over 100 miles of roads. The engineers
try to look at individual circumstances and want to do each project the right way. Second
Street has not been redone since 1973, so it needs some help.
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution
2019‐048, ordering improvement and preparation of Plans and Specifications for the 2019
Street Improvement Project (Project 2019‐02). All in favor.
UNFINISHED BUSINESS
There was no unfinished business.
City Council Meeting April 2, 2019
Page 9 of 10
NEW BUSINESS
Opera on the River Event
City Clerk Wolf reported that Operatunity Theatre and Rouse Legacy have made application
to host an “Opera on the River” Event on Saturday, August 10, 2019, from 7 to 10 p.m. This
event is a one‐day live outdoor concert in Lowell Park. The event will not have food vendors,
nor will they sell alcohol as originally planned. They will promote concert goers to bring
their own blanket, lawn chair and cooler. Police will be required during consumption of
alcohol. The event will block Myrtle Street and Sam Bloomer Way in front of the gazebo. The
Downtown Parking Commission approved the use of parking Lot 5 for the event. The Parks
& Recreation Commission recommended approval.
Chico Rouse, applicant, 9585 Pawnee, explained the event will feature Jack Swanson, a
Stillwater resident who is a popular opera singer. There will be no admission fee or parking
required.
Police Chief Gannaway stated it seems like a great event, but allowing people to bring
alcohol in is a violation of the City ordinance. The event could provide alcohol and sell it if
they work with the City Clerk to complete the process. It has to be a well signed, defined
area, and it must be clear that patrons cannot have alcohol beyond a certain point.
Mr. Rouse explained that originally they were going to sell or provide adult beverages in a
gated area, but then he was informed there was not an ordinance for that. They will
designate and sign the area for alcohol accordingly.
Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the Opera
on the River event August 10, 2019. All in favor.
Crosby Hotel Valet Parking
Police Chief Gannaway informed the Council that the Crosby Hotel requested that two spaces
on Main Street be reserved as valet parking. The Parking Commission recommended
approval. The total fee per space per year would be $2,013. During this first year, the fee
would need to be pro‐rated to the date of the Council decision on the request.
Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution
2019‐049, resolution granting license to Midnight Realty for the operation of Crosby Hotel
Valet Stations on North Main Street. All in favor.
COUNCIL REQUEST ITEMS
There were no Council request items.
CONVENE TO CLOSED SESSION
Motion by Councilmember Collins, seconded by Councilmember Junker, to close the meeting
pursuant To Minn. Stat. §13d.05, Subd. 3(C) to discuss attorney‐client privileged
communication regarding the 2017 assessment appeals. All In Favor. The meeting was
convened to closed session at 8:56 p.m.
Present: Mayor Kozlowski, Councilmembers Collins, Junker, and Polehna. Also present: City
Administrator McCarty and City Attorney Land.
City Council Meeting April 2, 2019
Page 10 of 10
Motion by Councilmember Junker seconded by Councilmember Collins to re‐open the meeting.
ADJOURNMENT
Motion by Councilmember Junker seconded by Councilmember Polehna to adjourn. All in favor.
The meeting was adjourned at 9:01 p.m.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Resolution 2019‐038, approving the 2019 Compensation Adjustment for
Nonrepresented Employees
Resolution 2019‐039, approving the 2019 Health Insurance Plan design changes for
City Council Members
Resolution 2019‐040, approving the base pay structure placement of the Human
Resources Specialist ‐ Confidential Position
Resolution 2019‐041, approving Assignment Agreement with the Veterans Memorial
Committee
Resolution 2019‐042, a resolution approving the preliminary plat for Valley High
Estates 2nd addition, Case No. 2019‐07
Resolution 2019‐043, a resolution approving the final plat for Valley High Estates
2nd Addition, Case No. 2019‐07
Resolution 2019‐044, a resolution vacating a portion of the drainage easements in
Lot 8, Block 1, Valley High Estates, Case No. 2019‐07
Resolution 2019‐045, a resolution approving the Development Agreement for
Marylane Meadows, Case No. 2019‐08
Resolution 2019‐046, a resolution vacating the drainage and utility easements in Lots
2 & 3, Block 1, Rivard Addition, Case No. 2019‐08
Resolution 2019‐047, a resolution approving the final plat for Marylane Meadows,
Case No. 2019‐08
Resolution 2019‐048, ordering improvement and preparation of Plans and
Specifications for the 2019 Street Improvement Project (Project 2019‐02)
Resolution 2019‐049, resolution granting license to Midnight Realty for the operation
of Crosby Hotel Valet Stations on North Main Street
Page 1
LIST OF BILLS
A‐1 Hydraulic Sales & Service Equipment repair supplies 491.13
Abbott Paint Paint for basement gym 219.26
Accela Inc Monthly UB web payments 459.85
Accurate Radar Specialties Calibration of radar unit 510.00
Ace Hardware Supplies 247.79
Advance Auto Parts Equipment repair supplies 194.04
Advanced Sportswear Polos with logo 132.00
AE2S Construction City Hall Project 2,691.35
Amdahl Locksmith Inc Chris Install hardware 295.90
BlueCross BlueShield of MN Inc. Retiree & Cobra Health Ins 3,390.00
Braden Construction Inc. City Hall Project 42,244.08
Bureau of Crim. Apprehension Terminal access charge 270.00
Campion Barrow & Associates Law enforcement testing 425.00
Cardinal Tracking Inc TickeTrak Envelopes 715.26
Century Link Telephone 263.96
Century Power Equipment Roller chain 31.26
Cintas Corporation Uniforms & mat cleaning service 623.46
City of St. Paul Training 574.00
Comcast Internet 49.39
Community Thread Contribution 4,000.00
Dakota County Technical College Training 1,600.00
Dalco Janitorial supplies 731.41
ECM Publishers Driveway ordinance amendment 19.00
ECSI System Integrators Fire alarm monitoring 100.00
Enterprise FM Trust Lease vehicles 5,922.35
Envision Glass Inc City Hall Project 47,522.80
Galls LLC Jacket & pants ‐ Gannaway 306.77
Gopher State One Call Inc. Locates 109.35
Heritage Printing Inc. Newsletter Printing 3,283.89
Hoisington Koegler Group Inc Comprehensive Plan Update 1,711.25
Holiday Companies Vehicle washes 320.00
Holiday Credit Office Fuel 217.34
Hotsy Equipment of Minnesota Truck wash bulk 757.50
Just For Me Spa Massage therapists for health fair 240.00
Kath Companies Fleet antifreeze 352.75
Kelly & Lemmons PA Prosecution 8,333.00
Kirvida Fire Inc. Repair charges 175.98
Kwik Trip Inc Fuel 131.25
League of MN Cities Safety & Loss Control Workshop 20.00
League of MN Cities Ins Tr Claim LMC CA 79750 1,000.00
LeVander Gillen Miller PA Professional services 21,739.15
Lincoln National Life Insurance Co COBRA Life Insurance 12.60
Madden Galanter Hansen LLP Labor Relations Services 1,094.70
MailFinance Inc Folding Machine Lease 1,104.18
Mansfield Oil Company Fuel 14,204.61
Page 2
Marshall Electric Company Disconnect electrical ‐ flood 909.00
McDaniel Law & Policy Professional government relations services 6,250.00
Menards Supplies 1,372.34
Metropolitan Council Wastewater Charge 153,390.29
Metxler Holly Ann UB Refund 226.00
Midway Ford 2019 Ford F150 B36756 22,025.92
Mike/Barb Lynskey Refund CUP Application 460.00
Miller Excavating Flood 119,810.44
Millz House Repair damages to floor due to thaw flooding 2,100.00
MP Nexlevel LLC Locating 206.25
MTI Distributing Equipment repair supplies 371.19
NAC Mechanical and Electrical Services City Hall Project 31,530.50
NAPA Auto Parts Auto repair supplies 234.46
Nuss Truck & Equipment Equipment repair supplies 243.96
Office Depot Office supplies 141.98
OnSite Sanitation Portable Restroom 463.00
Pioneer Press St. Paul Notice of vacancies 18.92
Polar Plastics Black poly film ‐ flood 1,815.00
Pullen Annette Marie Therapy 450.00
Quality Propane Inc. Propane for rental heater ‐ flood 576.90
Quill Corporation Office supplies 254.94
Rehn Code Consulting Services Plan review 862.06
Robole Donna Reimburse for wellness program supplies 220.89
Safe Fast Inc Marking paint 204.00
Stillwater Motor Company Vehicle service 125.12
Stillwater Rotary Club Membership 190.00
Stillwater Towing Towing service 850.00
Streichers Tactical pouch 16.00
SW/WC Service Cooperatives COBRA & retiree health Insurance 82,167.61
T.A. Schifsky and Sons Asphalt 2,275.32
Thomson Reuters Information Charges 141.94
Titan Machinery Shakopee Equipment repair supplies 261.96
T‐Mobile USA GPS Locate 51.00
Toll Gas and Welding Supply Cylinders 45.38
Tri‐State Bobcat Utility vehicle 42,249.00
Tri‐State Pump and Controls Inc. Lift station repairs 969.30
Truck Utilities Inc. F150 Equipment 2,237.60
Ultimate Events Rental ‐ flood 1,877.34
United Rentals Inc Equipment rental 468.94
US Bank Paying agent fees 1,500.00
Verizon Wireless Police Mobile Broadband 630.20
Voyant Communications Phone 521.48
Wash. Cty Historical Society Contribution 1,250.00
Washington County License Center Registration 2019 F150 Pick Up 2,968.26
Washington County Public Works Pole base repair ‐ hit during flooding 447.20
Wold Architects and Engineers City Hall Project 246.00
Youth Service Bureau Contribution 2,625.00
Page 3
REC CENTER
1ST Line/Leewes Ventures LLC Snacks for concessions 510.30
Ace Hardware Equipment repair supplies 475.87
Ammonia House Inc. Equipment repair supplies 11,347.66
Century Link Telephone 63.27
Cintas Corporation Mat cleaning service 154.50
Coca‐Cola Distribution Beverages for concessions 990.48
Comcast Internet 109.85
Grainger Equipment repair supplies 370.91
J.H. Larson Company Equipment repair supplies 2,068.78
Menards Equipment repair supplies 2.99
Mercury Electric Compressor motor repair 183.00
R&R Specialties Inc. Jet ice white paint 1,573.30
Twin Cities Dots & Pop Treats for concessions 429.84
CREDIT CARD
Amazon.com Janitorial supplies 154.26
Backgroundchecks.com Back ground checks 107.35
BCA Training & Auditing Training 150.00
Century Power Equipment Snowblower parts 32.41
Ebay Wheel covers 131.62
Eventbrite Training 390.00
GoDaddy.com Lumberjack Days Domain Renewal 36.34
Lowes Home Centers Inc. Building repair supplies 187.36
MN Dept of Labor and Industry Spring seminar Shilts & Sirotiak 170.00
Municipal Supply & Sign Neighborhood watch signs 194.41
Office Depot Office supplies 47.31
Post Board Membership 92.24
LIBRARY
Ace Hardware Janitorial Supplies 92.58
Brodart Co Materials 2,492.25
Card Source Library Cards 537.18
Cengage Learning Adult Fiction 264.92
Comcast Internet/WiFi 406.92
Culligan of Stillwater Water 60.23
Friends of the Stillwater Public Library Friends Reimbursement 435.00
Heritage Printing Inc. ShelfLife Newsletter City Insert 637.00
Loffler Companies Annual Maintenance on Switches 10,284.94
Midwest Tape Materials 204.38
MN Library Assoc. MLA Fall Conference (Petrie) 220.00
Motion Picture Licencing Corporation Programs ‐ Film Screening License 203.22
NAC Mechanical and Electrical Services Annual Alterton System Maintenance 1,882.00
Page 4
Petrie Angela Staff Reimbursement‐320.65
Proquest Library Thing for Libraries 579.89
Reyers Mariah E. Programs ‐ JUV 60.00
Washington County Library Q1 2019 Notices 395.73
LIBRARY CREDIT CARD
Community Thread Membership‐ Volunteer Coordinator 80.00
University of Wisconsin‐ Extension Conference ‐ YS (Angie) 300.00
MARCH MANUALS
Comcast Internet 109.85
Mansfield Oil Fuel 10,558.67
Patchin Messner Appraisals Appraisal 6,913.75
Postmaster Newsletter Postage 1,730.75
Xcel Energy Energy 20,600.60
Memorandum
To: Mayor & City Council
From: Beth Wolf, City Clerk
Date: 4/9/2019
Re: Parks & Recreation Commission Appointment
Robert McGarry of the Parks & Recreation Commission resigned in February of 2019 before his
term ended. Staff published the opening and applications were received. Interviews were
conducted by the Co-Chair and Council member of the Parks & Recreation Commission. They
recommend to appoint Stephanie Souter to fill the vacant term that expires May 1, 2020.
If Council agrees with the recommendation they should pass a motion to approve the
appointment of Stephanie Souter to the Parks & Recreation Commission.
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 222, St. Paul, MN 55101
651-201-7500 Fax 651-297-5259 TTY 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE
,_N_a_m_e_o_fo_r_..g._a_ni-'-za_t _io=-n-------------------. Da t e organ ized Tax exem~number
.__I ~_w_~_c.:_\-\._0_._.S:--=S\....:......_Y"r\__;_;_, c:ho..d_· -=-=:a=.;___ _____ __.!~' _l~Z_&_:2.-__ ~l 1 ':{ I -1.,1:z y ~s 11
Address City State Zip Code
.__I ~--,_, _s=-().a...-u ......... ~__,__,3.c...'<_cL__.a~=.....a-=eeJ=-~------'11 $\\~ 1.--1 m-\'J----.,.--1 59-o -8Q.----..
Name of pe rson m aking ap plication Business p h on e Home phone
.__l _t< ........ c:oi_·_~---'(Rp"--=-\f_,,_ ________ _.l l<..S/-379 -t~'=,7 '-----~
Date(s) of event Type oforganization 0 Microdistillery 0 Small Brewer ! [J Club LJ Charitable ~Religious D Other non-profit
Organization officer's name CilY State Zip Code
I !S\i\l~ 11 mn II 5SO~;l
Cltt State Zi p Code
I 11 11
Organization officer's name
Organization officer's name Cit y State Zi p Code
I 11 II
Cllt State Zip Code
I 11 11
O rga nization officer's name
Location where perm it will be used . If an outdoor area, describe
If the aoo licant will e::o nt r act for intox icating llq uor service give the name and address of the li quo r license provl d lnn the service.
If the aoollcant w ill Cilr rv lltwor liabili t y In surance pl ease provid e th e ca rrier 's name and amou nt of cov era ge .
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT
City of Stillwater
. Ji 1t y o r Co u!ltY approv1ng th e license
$25/day = V-f<:!;l 5"P O
Date Approved
Fee Amount Permit Date
-Uf-1'~__,___,__dt::=~~J ~~~
Date Fee Paid
bwolf@ci .stillwater.mn .us
City or County E-mail Address
651 -430-8802
City or County Phone Number
Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement
CLERKS NOTICE : Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
ONE SUBMISSION PER EMAIL, APPLICATION ONLY.
PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY /COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT
BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY /COUNTY TO AGE.TEMPORARVAPPLICATION@STATE.MN .US
I
I
ORDINANCE NO. ____________
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS
BY REZONING PROPERTY TO
RA, ONE-FAMILY RESIDENTIAL
CASE NUMBER 2019-07
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
Section 1. The zoning of property legally described as Lots 8, Block 1, Valley
High Estates, Washington County, MN, is hereby amended to RA, One-Family Residential.
Section 2. This Ordinance shall be in full force and effect from and after
publication according to law.
Section 3. In all other ways the Stillwater City Code shall remain in full force and
effect.
Adopted by the City Council this 16th of April, 2019.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
CITY COUNCIL
MEETING DATE: April 16, 2019
REQUEST: Consideration of an amendment to City Code Section 33-5,
Minimum Standards for Construction and Reconstruction of Driveways
PREPARED BY: Abbi Jo Wittman, City Planner
REVIEWERS: City Engineer Shawn Sanders
City Attorney Kori Land
Community Development Director Bill Turnblad
SPECIFIC REQUEST
The City of Stillwater is proposing amendments to City Code Section 33-5, Minimum
Standards for Construction and Reconstruction of Driveways. The proposed Ordinance
includes:
Establishing the maximum residential driveway width of 16’ between the property
line and the back of curb; and
Establishing a minimum standard for paver driveways.
PURPOSE OF REQUEST
Maximum Residential Driveway Width
The City requires all new or reconstructed driveways to be improved with impervious
surface material. Currently, there is no standards for the width of a driveway and many are
constructed at a 16 foot width. On occasion staff has received requests for new and
reconstructed driveway widths greater than 16 feet. Staff feels that widths greater than 16
feet are excessive since that many times only one vehicle is entering or leaving at one time.
Limiting driveway widths also limits the amount of impervious surface material in the
City’s boulevard areas and thus reducing storm runoff potential. It would promote
infiltration and treatment of surface water on public lands, potentially diverting water from
the City’s storm sewer system. If approved, the amendment would not affect a property
owner’s ability to create a driveway greater than 16’ on their private land.
Paver Design
Driveway Standards Amendments
City Council: April 16, 2019
In recent years the City has seen a growing interest in allowing for paver driveways.
However, the City Code does not specifically allow for the construction of this type of
driveway. Therefore, incorporation of this type of driveway design would allow for an
additional improved driveway design.
ALTERNATIVES
The Council has the following alternatives:
A. Approval If the findings are made that the public necessity and the general community
welfare warrant the amendment and is in general conformance with the
principles and policies set forth in the comprehensive plan and any adopted
area or specific plan, then the Council should move to approve the City Code
amendment.
B. Table If the Council finds that the request is not complete enough to make a
decision, it could continue the review for additional information.
C. Denial If the Council finds the proposal is not a public necessity or that the general
community welfare is not furthered, the Council should deny the request.
RECOMMENDATION
Staff recommends approval of the attached Ordinance, amending City Code Section 33-5,
Minimum Standards for Construction and Reconstruction of Driveways.
ATTACHMENTS
Draft Ordinance
ORDINANCE _________
AN ORDINANCE AMENDING SECTION 33-5 OF THE STILLWATER
CITY CODE
The City Council of the City of Stillwater does ordain:
SECTION 1. AMENDMENT. Section 33-5 City Code, Minimum standards for construction
and reconstruction of driveways, is hereby amended as follows:
Sec. 33-5 - Minimum standards for construction and reconstruction of driveways.
Subd. 1. Purpose. It is the purpose of this section to establish minimum standards for the
construction and reconstruction of driveways within the city.
Subd. 2. Standards. The minimum standards are as follows:
(1) For the construction of residential driveways:
a. Driveway Width. The maximum driveway width between the property line and
the back of curb is 16 feet.
b. Surfacing Material.
i. Concrete driveways: Four inches of compacted sand and five inches of
concrete;
ii. Bituminous driveways: Four inches of Class 5 gravel and two inches of
bituminous;
iii. Paver driveways: A minimum of six inches of Class 5 gravel and one
inch of sand.
(2) For the construction of commercial driveways:
a. Concrete driveways: Four inches of compacted sand and six inches of concrete;
b. Blacktop driveways: Four inches of Class 5 and four inches of bituminous.
(3) Any sand or aggregate base should be compacted to 100 percent of the Standard Proctor
Density.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance sets clearer minimum standards for the construction of residential
driveways.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective after its passage and
publication according to law.
Approved this ____________day of __________________, 2019.
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Publish: Stillwater Gazette – ______________________
Planning Report
MEMO DATE: April 8, 2019 CASE NO.: 2019-05
HEARING DATES: Planning Commission March 27 & April 24, 2019
City Council April 16, 2019
REQUEST: Amendments to Short Term Home Rental ordinance
REVIEWED BY: Abbi Wittman, City Planner
Jenn Sundberg, STHR Administrator
Kori Land, City Attorney
REPORT BY: Bill Turnblad, Community Development Director
INTRODUCTION
The City is beginning its third season with the vacation rental (aka short term home rental
– STHR) licensing program. The original ordinance and licensing program have worked
well, but staff believes that a few changes to the ordinance would make it easier for
everyone to understand. It would also eliminate a few ambiguities.
COMMENTS
In general, the proposed changes are of five types:
1. Transfer of the ordinance from the Zoning Chapter of the City Code to the
Licensing Chapter of the City Code. Specifically this means moving the ordinance
from Chapter 31 to Chapter 41.
2. Reorganization of text
a. The details of license application requirements for each license type, often
duplicative, were deleted and replaced with a simple statement that all terms
and conditions for the STHR ordinance have to be met.
3. Clarification of ambiguous text
a. For example, staff recognized that sleeping areas other than actual bedrooms
are offered to guests. But, parking and other support was not being
provided for guests sleeping in these other spaces. So, a simple change now
refers to “bedrooms and sleeping areas” to better insure that we are not
licensing a dwelling that overwhelms a property and its neighborhood.
4. Procedural changes
STHR amendment
Page 2
a. The public safety inspection(s) would no longer be required prior to
submitting the STHR license application. But, the inspections would still
have to pass prior to issuance of the license.
b. The property manager would now be responsible for letting neighbors know
whenever management contact information changed. Currently, city staff is
primarily responsible for this.
5. Enforcement options made more robust
PLANNING COMMISSION ACTION
The Planning Commission tabled the hearing on this case for more information, including:
the source of the fine amounts; what other Cities use for fine amounts; whether other
Cities do background checks on operators and managers and whether a criminal
background is grounds for denying a license to operate.
COUNCIL ACTION REQUESTED
City staff requests the City Council to table the hearing until May 7th to allow the Planning
Commission time to make a recommendation.
Attachments: Legislative draft of ordinance
1
ORDINANCE NO._________
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME
RENTAL REGULATIONS IN THE STILLWATER CITY CODE
The City Council of Stillwater does ordain:
SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed.
SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows:
Sec. 41-8. – Short term home rental regulations.
Subd. 1. Purpose. The purpose of this Section 31-514.1 41-8 is to allow short term home
rentals where appropriate while mitigating impacts upon surrounding properties by
implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as
protect the general public health, safety and welfare.
Subd. 2. License required. No property may be used for Type A, B or C short term home
rental unless a license is granted by the city. No property may be used for Type C short term
home rental unless granted a Conditional Use permit and a license by the city. No property may
be used for Type D short term home rental (aka bed & breakfast) unless granted a Special Use
permit by the city pursuant to Section 31-504 of this Chapter. Type D licenses do not require a
license but are subject to the provisions of City Code Section 31-504.
(1) Term. Licenses shall be valid for three years, unless it is revoked.
(2) Renewal. A renewal license must be applied for every three years. The renewal
license application may only be submitted after the property has passed a city
inspection as required and appropriate fees have been paid.
(3) Non-Transferable. Licenses are non-transferable and shall expire upon change
of ownership of the property.
(For definitions of Type A, B, C and D short term home rentals, see City Code Section 31-101.)
Subd. 3. License application. Any property owner desiring to undertake short term home
rentals must apply to the community development department for a short term home rental
license. A license must be approved prior to operating within the city. The license application
request must be submitted on the form prescribed provided by the city and must include all the
information requested on the application form. The license application will not be accepted by
the city unless an inspection report has been signed by personnel from both the city's fire
department and building department.
2
Subd. 4. License fee. The license application form must be accompanied by payment in full
of the required license application fee. The license application fee amount will be as determined
by the city council in the city fee schedule.
Subd. 5. License issuance. The process for review and issuance of a license will vary
depending upon the type of short term home rental as follows:
(1) Type A, – hHosted short term home rentals. Type A short term home rentals
are required to have an licenses will be issued administratively issued license
from the cityif all the terms and conditions of Section 41-8 are met.
1. A Type A short term home rental license or renewal license will be issued
administratively only if:
i. The licensee certifies on the application form that all applicable items
found in this Section 31-514.1 are satisfied. That includes:
a. Proper zoning as found in Subd. 6; and
b. Performance standards as found in Subd. 7.
ii. The applicant submits a site plan, drawn to scale, showing parking
and driveways, all structures and outdoor recreational areas that
guests will be allowed to use, including, but not limited to,
deck/patio, barbeque grill, recreational fire, or sauna.
iii. The applicant submits a floor plan, drawn to scale, of the home
identifying which rooms will be used as transient guest bedrooms.
iv. The property passes the city inspection (see Section 31-514.1, Subd.
9B) for residential code standards applicable to renting a home on a
short term basis. The list of health and safety items that will be
inspected for this purpose will be included amongst license
application materials so that the property owner will know what
items will be inspected prior to submitting the license application to
the city.
a. An inspection must be completed within 60 days prior to
submission of the license application form.
b. An inspection report must be submitted together with the
license application form and other necessary materials. Without
the inspection report, the license application will not be
considered complete, nor will it be accepted by the city.
c. If the inspection identifies items that must be corrected, all
corrections must be completed and verified by the city prior to
submitting an application for the Short Term Home Rental
license.
2. There shall be no change in the exterior appearance of the home or
premises, or other visible evidence of the conduct of a Short Term Home
Rental, except that additional on-site city code compliant parking may be
provided.
3. The licensee must provide proof of sufficient and suitable property
insurance at the time of license issuance, and must be able to confirm that
3
the coverage remains in place within 24 hours of a city request for
confirmation.
4. Licenses are non-transferable and shall expire upon change of ownership
of the property.
5. A license constitutes a limited license granted to the applicant by the city
and in no way creates a vested zoning right.
6. No more than a total of thirty-five Type A licenses may be valid within the
city at one time.
7. If three substantiated and relevant complaints are received from neighbors
or guests within a 12 month period, the license shall be revoked. The
revocation may be appealed to the city council pursuant to procedures
established in Section 31-217 of this Chapter. If a license is revoked, the
owner is prohibited from making application for another license for any
type of Short Term Home Rental for six months.
8. Licenses are valid for a period of three years. A renewal license must be
applied for every three years.
(2) Type B – Unhosted short term rental. Type B short term home rentals are
required to have an licenses will be issued administratively from the city.Pif
all the terms and conditions of Section 41-8 are met, however, prior to issuing
a Type B license, a neighborhood notification is required, as specified below
herein::
1. A Type B short term home rental license or renewal license will be issued
administratively only if:
i. The applicant submits a site plan, drawn to scale, showing parking and
driveways, all structures and outdoor recreational areas that guests will be
allowed to use, including, but not limited to, deck/patio, barbeque grill,
recreational fire, or sauna.
ii. The applicant submits a floor plan, drawn to scale, of the home
identifying which rooms will be used as transient guest bedrooms.
iii. The licensee certifies on the application form that all applicable items
found in this Section 31-514.1 are satisfied. That includes:
a. Proper zoning as found in Subd. 6.
b. Performance standards as found in Subd. 7.
c. Proof of sufficient and suitable property insurance.
iv. No more than a total of thirty-five Type B licenses may be valid
within the City at one time.
v. Notices have been mailed by the city to all surrounding property
owners according to the following standards:
a. 150 feet of all applicant properties zoned RB, CCR, CR, TH,
CTHR, RCL, RCM, RCH, CBD;
b. 200 feet of all applicant properties zoned RA, LR, CTR, TR;
c. 500 feet of all applicant properties zoned AP; and
4
vi. There are no objections received by the city within ten days of mailing
the notices.
a. If objections are received, then the license request must be
considered by the planning commission.
(1). The planning commission must review the license request
and all objections, as a new business item, at its next regularly
scheduled meeting.
(2). After considering the license request and comments from
the neighbors, the planning commission may either approve a
one year provisional license, with or without conditions, or deny
the license request.
(3). If there are no substantiated relevant complaints from
neighbors or guests during the provisional year, the permit will
automatically extend two more years. If there are three
substantiated relevant complaints, the provisional license is
automatically revoked and the owner is prohibited from making
application for another license for any type of Short Term Home
Rental for six months.
vii. The property passes the city inspection (see Section 31-514.1, Subd. 9B)
for residential code standards applicable to renting a home on a short term
basis. The list of health and safety items that will be inspected for this
purpose will be included amongst license application materials so that the
property owner will know what items will be inspected prior to submitting
the license application to the city.
a. An inspection must be completed within 60 days prior to
submission of the license application form.
b. An inspection report must be submitted together with the license
application form and other necessary materials. Without the
inspection report, the license application will not be considered
complete, nor will it be accepted by the city.
c. If the inspection identifies items that must be corrected, all
corrections must be completed and verified by the city prior to
submitting an application for the Short Term Home Rental license.
2. There shall be no change in the exterior appearance of the home or
premises, or other visible evidence of the conduct of a Short Term Home
Rental, except that additional on-site city code compliant parking may be
provided.
3. The licensee must provide proof of sufficient and suitable property
insurance at the time of license issuance, and must be able to confirm that the
coverage remains in place within 24 hours of a city request for confirmation.
4. If three substantiated and relevant complaints are received from neighbors
or guests within a 12 month period, the license shall be revoked. The
revocation may be appealed to the city council pursuant to procedures
established in Section 31-217 of this Chapter. If a license is revoked, the
5
owner is prohibited from making application for another license for any type
of Short Term Home Rental for six months.
5. Licenses are non-transferable and shall expire upon change of ownership
of the property.
6. A license constitutes a limited license granted to the applicant by the city
and in no way creates a vested zoning right.
7. Licenses are valid for a period of three years. A renewal license must be
applied for every three years. No neighborhood notification is required for
the renewal of licenses.
(a) Notices must be mailed by the city to all surrounding property owners
according to the following standards:
(i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR,
RCL, RCM, RCH, CBD;
(ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR;
(iii) 500 feet of all applicant properties zoned AP.
(b) If there are no objections received by the city within 10 days after
mailing the notices, then the license shall be issued.
(c) If objections are received, then the license application must be
considered by the planning commission as follows.
(i) The planning commission must hold a hearing. Notices for the
hearing will be mailed 10 days prior to the hearing using the distance
requirements in Subd. 5(2)(a).
(ii) After considering the license request and comments from the
neighbors, the planning commission may either approve a one-year
provisional license, with or without conditions, or deny the license
request.
(d) If the planning commission approves a one-year provisional license and
there are no substantiated relevant complaints from neighbors or guests
during the provisional year, the license will automatically extend two
additional years.
(3) Type C – Dedicated short term rental. Type C short term home rentals are
required to have both a Conditional Use Permit and an administrative license
issued by the city. The Conditional Use Permit and initial license may be
processed simultaneously. licenses will be issued administratively if all the
terms and conditions of Section 41-8 are met and a Conditional Use Permit is
granted. The Conditional Use Permit application will be reviewed according
to the process established in City Code Sections 31-204 and 31-207.
6
1. Conditional Use Permit. The application for the Conditional Use Permit to
operate a Type C short term home rental must be filed with the city's
community development department on the applicable form. The application
will be reviewed according to the process established in Sections 31-204 and
31-207 of this Chapter. In addition, the following procedures, criteria and
conditions shall also apply:
i. The applicant must submit a site plan, drawn to scale, showing
parking and driveways, all structures and outdoor recreational areas that
guests will be allowed to use, including, but not limited to, deck/patio,
barbeque grill, recreational fire, or sauna.
ii. The applicant submits a floor plan, drawn to scale, of the home
identifying which rooms will be used as transient guest bedrooms.
iii. The Conditional Use Permit runs with the land and must be filed in
the property's chain of title, but since a license is also required for a
Type C Short Term Rental, possession of a Conditional Use Permit is
not sufficient to operate. Any new owner desiring to operate a Type C
Short Term Rental on property that has an unexpired Conditional Use
Permit filed in the chain of title must also obtain a license from the city.
A Conditional Use Permit expires if a property is not operated as a
Short Term Home Rental for more than a year.
iv. The Conditional Use Permit applicant must certify on the city
application form that all applicable items found in this Section 31-514.1
are satisfied. That includes:
a. Proper zoning as found in Subd. 6
b. Performance standards as found in Subd. 7
c. Proof of sufficient and suitable property insurance.
v. The property must pass inspection by city building and fire code
inspectors and found to meet the residential code standards applicable
to renting a home on a short term basis (see Section 31-514.1, Subd 9B)
prior to holding the public hearing for the Conditional Use Permit. The
list of health and safety items that will be inspected for this purpose will
be included amongst license application materials so that the property
owner will know what items will be inspected prior to submitting the
license application to the city.
vi. No more than a total of fifteen Conditional Use Permits for Type C
Short Term Home Rentals may be valid within the City at one time.
2. License. The application form for the license or renewal license must
certify by the applicant that all applicable items found in this Section 31-
514.1 are satisfied. That includes:
i. A Conditional Use Permit has been issued for the subject property
and is still valid.
ii. The property has been inspected no more than 60 days prior to
submission of the license application by city building and fire code
7
inspectors and found to meet the residential code standards
applicable to renting a home on a short term basis.
a. An inspection must be completed and the inspection report
submitted together with the license application form and other
necessary materials. Without the inspection report, the license
application will not be considered complete, nor will it be
accepted by the city.
b. If the inspection identifies items that must be corrected, all
corrections must be completed and verified by the city prior to
submitting an application for the Short Term Home Rental
license.
iii. Proper zoning as found in Subd. 6.
iv. Performance standards as found in Subd. 7.
v. Proof of sufficient and suitable property insurance.
vi. No more than a total of fifteen Type C Short Term Home Rental
licenses may be valid at one time within the City.
3. The license for a Type C Short Term Home Rental may only be issued to
the owner of the property and is not transferable to any other entity.
4. There shall be no change in the exterior appearance of the home or
premises, or other visible evidence of the conduct of a Short Term Home
Rental, except that additional on-site city code compliant parking may be
provided.
5. The licensee must provide proof of sufficient and suitable property
insurance at the time of license issuance, and must be able to confirm that
the coverage remains in place within 24 hours of a city request for
confirmation.
6. Type C short term home rental licenses are valid for a period of three
years. A renewal license must be applied for every three years. The
Conditional Use Permit will not expire unless its use is discontinued for
more than a year.
7. The Type C Short Term Home Rental license is not transferable and shall
expire upon change of ownership of the property.
8. A license constitutes a limited license granted to the applicant by the city
and in no way creates a vested zoning right.
9. If three substantiated and relevant complaints are received from neighbors
or guests within a 12 month period, the license shall be revoked. The
revocation may be appealed to the city council pursuant to procedures
established in Section 31-217 of this Chapter. If a license is revoked, the
owner is prohibited from making application for another license for any
type of short term home rental for six months.
(4) Type D - Bed & Breakfast. Type D short term home rentals are also known as
Bed & Breakfasts and, are required to have a Special Use Permit as regulated
8
in Section 31-504 of this Chapter. in addition to the requirements herein, are
regulated in City Code Section 31-504.
Subd. 6. Zoning District. Short term home rentals are permitted, with an approved license
from the City of Stillwater, in the following Zoning Districts: shall only be allowed in specific
zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning
districts) and Section 31-325 (allowable uses for non-residential zoning districts).
A. Residential Zoning Districts. Short Term Home Rentals are allowed by city license in
all Residential Zoning Districts. Type C Short Term Home Rentals require both a
license and a Conditional Use Permit. Type D Short Term Home Rentals (aka Bed &
Breakfasts) are allowed by city license in the RCL Zoning District and by Special
Use Permit in the RB and RCM Zoning Districts.
B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are
allowed by city license in the CBD Zoning District. They also require a Special Use
Permit or Conditional Use Permit. If a Special or Conditional Use Permit already
exists for the property, one specifically for the Short Term Home Rental use is not
required for Type A and B Short Term Home Rentals. A Conditional Use Permit
specifically for the Short Term Home Rental is required prior to issuance of a Type
C license.
Subd. 7. Performance standards. Type A, B and C short term home rentals shall be subject
to the performance standards identified below. Type D short term home rentals shall be subject
to the standards found in Section 31-504 of this Chapter. In addition to the relevant sections noted
below, Type D short term home rentals shall also be subject to the standards found in City Code
Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict,
Section 31-504 shall apply.
(1) Parking.
(a) In residential zoning districts, all guest parking must be accommodated
on improved driveways and improved parking surfaces on the
premises. No on-street parking is allowed for guests. At a minimum,
parking shall be provided at the following rate as follows:
(i) 1-2 bedroom unit or sleeping areas, 1 space.
(ii) 3-bedroom unit or sleeping areas, 2 spaces.
(iii) 4 and 4+ or more bedroom units or sleeping areas, number of
spaces equal to the number of bedrooms or sleeping areas, minus
one.
(b) In the CBD zoning district, guest parking must either be accommodated
on the property of the short term home rental dwelling unit at the same
minimum numbers specified above in (1)(a), or a parking mitigation
plan must be approved by the Parking Commission.
9
(2) Length of guest stay. The minimum length of stay is one day. The maximum
length of stay is 30 days, since more than that is by definition not a short term
home rental property.
(3) Number of guests. The maximum number of guests will be limited to two times
the number of bedrooms, or sleeping areas, plus one.
(4) Guest records. The licensee for Type B and C short term rentals must keep a
transient guest record including the name, address, phone number, and vehicle
license plate information for all guests and must provide a report to the city
upon 48 hours’ notice.
(5) Manager Information. For Type B and C short term home rentals, the licensee
must provide the name, phone number and address of the owner, operating
lessee or managing agent/representative to all property owners within 150 of
the property lines. The licensee shall provide any changes to this information
to the community development department and to the neighboring properties
within 10 days of any such changes.
(5)(6) Guest disclosures. The licensee must disclose in writing to their guests
the following rules and regulations and must submit a copy of the disclosure
to the city with the license application and renewal applications. In addition,
the disclosures must be conspicuously displayed in the home. The disclosures
must include the following:
(a) For Type B and C short term home rentals, the name, phone number
and address of the owner, operating lessee or managing
agent/representative;
(b) The maximum number of guests allowed at the property;
(c) The maximum number of vehicles allowed at the property and the
approved parking areas;
(d) Property rules related to use of outdoor features, such as decks, patios,
grills, recreational fires, saunas and other recreational facilities;
(e) That City nuisance ordinances will be enforced by the Stillwater Police
Department, including reduced noise levels between 10 p.m. and 8
a.m.;
(f) That nNo events are allowed to be hosted by a guest on the premises.
(6)(7) Posting of lLicense number. The licensee must post the city license
number at the property and on all print, poster or web advertisements.
10
(7)(8) Proximity of assistance. For Type B and Type C short term home rentals,
the property owner or a manager/representative must be located within 30
minutes travel time of the property. The community development department
must be notified within 10 days of a change in the managing agent/representative
or their contact information. The licensee must provide the name, address and
phone number for the licensee or managing agent/representative to all property
owners within 150 feet of the property boundary. The licensee must notify
neighboring properties within 10 days of a change in the managing
agent/representation or contact information.
(8)(9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage
must be kept in rubbish containers that are stored out of view of a public street.
(9)(10) Signage. No signage is allowed on the property of a Type A, B or C Short
Term Home RentFor Type A, B or C short term home rental no signage is
allowed on the property. Type D is allowed to have signage as regulated in
City Code Section 31-504.
(10)(11) Events. Events are not allowed to be hosted by guests on the premises.
For purposes of this Section 31-541.141-8, an event means a gathering on the
premises of more than three un-registered transient guests. Events hosted by
the property owner are allowed but must abide by comply with all applicable
city ordinances and policies, including the prohibition on renting out private
residential property for events.
(12) Insurance. The licensee must provide proof of sufficient and suitable
property insurance with the license application and must be able to confirm
that the coverage remains in place within 24 hours of a request by the city.
(13) There shall be no change in the exterior appearance of the home or premises,
or other visible evidence of the conduct of a short term home rental, except
that additional on-site city code compliant parking may be provided.
Subd. 8. Required health and safety inspections.
(1) Type A, B and C short term home rentals. Type A, B and C license
applications will not be accepted without an approved inspection report signed
by the city’s fire department and building department. The inspection must
have been completed no more than 60 days prior to submission of the license
application. The list of health and safety items that will be inspected will be
included in license application materials so that the licensee will know in
advance what items will be inspected. If the inspection identifies items that
must be corrected, all corrections must be completed and verified by the city
before the license will be issued.
11
1. These types of short term home rentals are required to have, and pass, a
health and safety code inspection by city building and fire code staff prior
to issuance of a license or renewal of the license.
2. The list of health and safety items that will be inspected for this purpose
will be included amongst license application materials so that the licensee
will know in advance what items will be inspected.
3. Upon receipt of a complaint, the city zoning administrator will contact the
licensee and will determine whether a compliance inspection is required.
(2) Type D short term home rentals (aka bed & breakfast). Type D short term
home rentals are This type of Short Term Home Rental is required to have
inspections as regulated by City Code Section 31-504.
Subd. 9. Site Plan and Floor Plan for Type A, B and C short term home rentals.
(1) The applicant must submit a Site Plan of the property drawn to scale, showing
parking and driveways, all structures and outdoor recreational areas that guests
will be allowed to use, including, but not limited to, deck/patio, barbeque grill,
recreational fire, or sauna.
(2) The applicant must submit a floor plan of the residence drawn to scale
identifying which rooms are proposed to be used as guest bedrooms or sleeping
areas.
Subd. 10. Limit on number of licenses. No more than a total of thirty-five licenses may be
valid at any one time for Type A Short Term Home Rentals. No more than a total of thirty-five
licenses may be valid at any one time for Type B Short Term Home Rentals. No more than fifteen
licenses may be valid at any one time for Type C Short Term Home Rentals. Type D Short Term
Home Rentals are required to have a Special Use Permit, but no license is required.
(1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any
one time.
(2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any
one time.
(3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one
time.
Subd. 11. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short
term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis.
The property owner must provide information on a web-based booking service(s) used for the
property. If no sales are made during a quarter, a report must be submitted to the city stating that
no sales were made or lodging tax collected during that quarter.
12
A. The city lodging tax must be collected and paid either by the web based booking
company that the Short Term Home Rental is listed on, or by the licensee directly to
the city if the Short Term Home Rental does not use a web based booking service.
B. The license application must supply information on any web based booking service(s)
used for the licensed property.
C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax
quarterly. If no sales are made during a quarter, a report must none the less be
submitted to the city stating that no sales were made or lodging tax collected during
that quarter.
Subd. 12. Interchangeability of License Types. A licensee may use the license to operate
any short term home rental type equal to or less restrictive than the one for which the license
was issued. Therefore For example, if an owner is issued a Type C license, the property is
permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted
to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast.
Subd. 13. Enforcement.
A. In the event of a violation or threatened violation of this ordinance, the city, in
addition to other remedies, is entitled to seek Injunctive Relief or proceedings to
prevent, restrain, correct or abate such violations or threatened violations.
B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor.
C. In addition to penalty provisions A and B above, the fine for the first substantiated
and relevant complaint or violation shall be $250.00. The fine for the second shall be
$500.00. The fine for the third shall be $750.00 and this third offense shall also result
in automatic license revocation.
(1) Injunctive relief. In the event of a violation or threatened violation of this
ordinance, the city, in addition to other remedies, is entitled to seek injunctive
relief or proceedings to prevent, restrain, correct or abate such violations or
threatened violations.
(2) Misdemeanor. The penalty for a violation of this ordinance shall be a
misdemeanor.
(3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative
fines for violations of this ordinance shall be as follows:
(a) For the first substantiated and relevant complaint or violation within a
12-month period, the fine shall be $250.00.
(b) For the second substantiated and relevant complaint or violation within
a 12-month period, the fine shall be $500.00.
(c) For the third substantiated and relevant complaint within a 12-month
period, the fine shall be $750.00.
13
(4) Suspension or Revocation. Any short term home rental license may be
suspended or revoked for one or more of the following reasons:
(a) It is the third substantiated and relevant complaint or violation of the
ordinance within a 12-month period.
(b) The licensee has failed to pay all of the appropriate fees related to the
license, or is delinquent on any other city fees;
(c) The licensee has made fraudulent statements, misrepresentations, not
fully disclosed information or made false statements in the application
for or in the course of the licensee’s business;
(d) The licensee has been convicted of any crime or offense in the previous
five years involving or relating to the short term home rental business
and the licensee has failed to show competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the business;
(e) The licensee has acted in an unauthorized manner or beyond the scope
of the license granted.
In such cases, the license may be forwarded to a hearing officer for
consideration of suspension or revocation. The hearing officer procedure is
set forth in City Code Section 22-10, Subdivision 4. If the license is
suspended, the length of suspension shall be stated in the hearing officer’s
decision. If a license is revoked, the owner is prohibited from making
application for another license for any type of short-term home rental for a
period of 6 months.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance amendment moves the short-term home rental regulations from the Zoning
Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies
and clarifies the requirements necessary for administrative issuance of these licenses.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Passed this day of , 2019.
Ted Kozlowski, Mayor
ATTEST:
14
Beth Wolf, City Clerk
557896v2 SEL BE250-20 1
CITY OF STILLWATER, MINNESOTA
RESOLUTION NO. ___________
APPROVING THE ISSUANCE BY THE CITY OF BETHEL OF REVENUE
BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED,
TO FINANCE THE COSTS OF A MULTIFAMILY HOUSING DEVELOPMENT
TO BE CONSTRUCTED IN THE CITY OF STILLWATER TO BE OWNED AND
OPERATED BY BIRCHWOOD LANDING, LLC; APPROVING A HOUSING
PROGRAM WITH RESPECT THERETO; AND TAKING CERTAIN OTHER
ACTIONS
WHEREAS, the City of Stillwater (the “City”) is a home rule city duly organized and existing
under the Constitution and laws of the State of Minnesota.
WHEREAS, in accordance with the terms of Minnesota Statutes, Chapter 462C, as amended (the
“Housing Act”), the cities of the State of Minnesota are authorized to issue revenue bonds or other
obligations to finance multifamily housing developments.
WHEREAS, each city of the State of Minnesota is authorized to issue obligations to finance the
acquisition or improvement of real property located outside of the corporate boundaries of the city if the
property or properties constituting a single project is located in another city and the governing body of
such other city consents, by resolution, to the issuance of obligations by the city.
WHEREAS, under the requirements of Section 462.03 of the Housing Act, the City is required to
prepare a housing program with respect to each multifamily housing development to be financed under
the Housing Act, and a public hearing must be held on each housing program after publication of a notice
of public hearing in a newspaper of general circulation in the City at least fifteen (15) days before the date
of the public hearing.
WHEREAS, Birchwood Landing, LLC, a Delaware limited liability Borrower (the “Borrower”),
the sole member of which is ILHC of Stillwater, LLC, a Delaware limited liability company (the “Parent
Company”), has proposed the issuance of revenue bonds by the City of Bethel, a statutory city of the State
of Minnesota (“City of Bethel”), in the aggregate principal amount not to exceed $15,000,000 (the
“Revenue Bonds”), pursuant to the Housing Act, a resolution of the City Council of the City of Bethel,
and the terms and conditions of an Indenture of Trust, dated on or after May 1, 2019 (the “Indenture”),
between the City of Bethel and U.S. Bank National Association, as trustee. The proceeds of the Revenue
Bonds will be applied to make a loan (the “Loan”) by the City of Bethel to the Borrower under the terms
and conditions of a Loan Agreement, dated on or after May 1, 2019 (the “Loan Agreement”), between the
City of Bethel and the Borrower, to be applied by the Borrower to: (i) finance the costs to the Borrower
of the acquisition, construction, and equipping of a multifamily rental housing development, comprised of
12 buildings including approximately 31 units, with one unit to be used as a clubhouse, for occupancy by
persons who are 55 years of age or older to be located at or about Bridgewater Way, south of 75th Street
N. and north of 72nd Street N. in the City (the “Project”); (ii) the funding of one or more reserve funds to
secure the timely payment of the Revenue Bonds; (iii) the payment of a portion of the interest on the
Revenue Bonds; and (iv) the payment of a portion of the costs of issuing the Revenue Bonds.
WHEREAS, the Borrower has requested that the City consent to the issuance of the Revenue
Bonds by the City of Bethel.
557896v2 SEL BE250-20 2
WHEREAS, a Cooperation Agreement to be dated on or after May 1, 2019 (the “Cooperation
Agreement”), between the City and the City of Bethel, has been submitted to the City and the City of
Bethel for their review and approval.
WHEREAS, in accordance with the requirements of Section 462C.04, subdivision 2, of the
Housing Act, a housing program with respect to the Project (the “Housing Program”) was prepared in
accordance with the requirements of the Housing Act and was submitted to the Metropolitan Council for
its review and comments on or before the date the notice of public hearing was published.
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and
regulations promulgated thereunder, require that prior to the issuance of the Revenue Bonds as tax-
exempt bonds the interest on which is not includable in gross income for federal income tax purposes, this
City Council must approve the issuance of the Revenue Bonds by the City of Bethel after conducting a
public hearing thereon preceded by publication of a notice of public hearing in the form and manner
required by Section 147(f) of the Code and applicable regulations.
WHEREAS, pursuant to the Housing Act and the Code, a notice of public hearing in the form
required by the Housing Act and Section 147(f) of the Code was published in the Stillwater Gazette, a
newspaper of general circulation in the City on Friday, March 22, 2019.
WHEREAS, the Revenue Bonds and the interest on the Revenue Bonds: (i) shall not constitute
general or moral obligations of the City or the City of Bethel and shall be payable solely from the
revenues pledged therefor; (ii) shall not constitute a debt of the City or the City of Bethel within the
meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary
liability of the City or the City of Bethel or a charge against their respective general credit or taxing
powers; and (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property
of the City.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. On the date hereof, the City Council conducted a public hearing with respect to the
proposal that the City grant host approval to the City of Bethel to undertake and finance the Project under
the terms of the Housing Program and with respect to the issuance of the Revenue Bonds, as requested by
the Borrower, and in accordance with the terms of the Housing Act and Minnesota Statutes,
Section 471.565, as amended. A notice of the public hearing, in the form required by the Housing Act
and by Section 147(f) of the Code (and applicable regulations promulgated thereunder), was published
once in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the
public hearing.
2. The City hereby grants host approval to the issuance of the Revenue Bonds by the City of
Bethel for the purposes referenced in this resolution and in an aggregate principal amount not to exceed
$15,000,000. The Revenue Bonds shall not constitute a pecuniary liability or charge, lien, or
encumbrance, legal or equitable, upon any funds, assets, taxing powers, or any other property of the City.
The Revenue Bonds, when, as, and if issued, shall recite in substance that the Revenue Bonds, including
interest thereon, are payable solely from the revenues received in accordance with the terms of the Loan
Agreement and other property and security pledged to the payment thereof under the terms of the
Indenture, and shall not constitute a general or moral obligation of the City. The Revenue Bonds shall not
constitute a debt of the City within the meaning of any constitutional or statutory limitation. The
purchasers and owners of the Revenue Bonds shall never have the right to compel any exercise of the
taxing power of the City to pay the outstanding principal of the Revenue Bonds, or the interest thereon or
to enforce payment thereof against any property of the City.
557896v2 SEL BE250-20 3
3. It is hereby found and determined that the Project furthers the purposes set forth in the
Housing Act and the Project constitutes a “multifamily housing development” within the meaning of
Section 462C.02, subdivision 5, of the Act.
4. The Cooperation Agreement is hereby approved and the Mayor and the City
Administrator/Treasurer are authorized to execute and deliver the Cooperation Agreement in the form
now on file with the City, with such amendments as are approved by the Mayor and the City
Administrator/Treasurer.
5. The preparation of the Housing Program and the submission of the Housing Program to
the Metropolitan Council for its review and comment are hereby ratified and approved. The Housing
Program is hereby approved without amendment.
6. The Borrower shall reimburse the City for costs paid or incurred by the City in
connection with this resolution and the Cooperation Agreement whether or not the financing of the
Project is carried to completion, and whether or not the Revenue Bonds or operative instruments are
executed and delivered.
7. This Resolution shall be in full force and effect from and after its passage.
Adopted by the City Council of the City of Stillwater, Minnesota, this April 16, 2019.
CITY OF STILLWATER, MINNESOTA
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
Planning Report
TO: Mayor & Council Members CASE NO.: 2019-08
REPORT DATE: April 9, 2019
HEARING DATES: Planning Commission March 27, 2019
City Council April 2 & 16, 2019
DEVELOPER: Mark Guenther, Fenway Land Company
REQUEST: Approval of rezoning and development agreement
for Marylane Meadows
LOCATION: 8313 & 8393 Marylane Avenue North
REPORT BY: Bill Turnblad, Community Development Director
BACKGROUND
Mark Guenther, Fenway Land Company, plans to develop two small acreage parcels on Marylane
Avenue North (8313 & 8393 Marylane Avenue North) with a total size of 4.49 acres. The
preliminary plat for the 11 lot single-family project was considered by the Planning Commission on
January 23, 2019 and conditionally approved by the City Council on February 5, 2019. On March
27th the Planning Commission considered and recommended approval of the rezoning and the
vacation of underlying drainage and utility easements. On April 2nd the City Council approved the
final plat, easement vacations and first reading of the rezoning.
SPECIFIC REQUEST
The request before the City Council is to:
1) Approve the second reading of the ordinance to rezone the property from AP, Agricultural
Preservation to RB, Two-Family Residential; and
2) Approve the Development Agreement
COMMENTS
The Development Agreement as attached is found acceptable to the City Engineer, the City Attorney
and the developer.
Marylane Meadows
Page 2
ALTERNATIVES
The Council has several available alternatives:
1. Approval – If the Council finds that the Development Agreement is acceptable, then the
Council could adopt the attached resolution approving the agreement and adopt the
attached rezoning ordinance.
2. Denial – If the Council finds that the Development Agreement is not acceptable, it could
deny the request to approve it. If this is the chosen action, staff will bring a resolution of
denial to the next Council meeting for adoption.
3. Table for more information.
RECOMMENDATION
City staff finds the Development Agreement to be acceptable and recommends approving it, as well
as adopting the rezoning ordinance.
cc Mark Guenther
attachments: Development agreement resolution
Rezoning ordinance
Development agreement
bt
RESOLUTION NO.
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR
MARYLANE MEADOWS
CASE NO. 2019-08
WHEREAS, Mark J. Guenther, President, Fenway Land Company, Inc., made
application for approval of the final plat known as MARYLANE MEADOWS; and
WHEREAS, on January 23, 2019 the Stillwater Planning Commission held a
public hearing and recommended approval of the preliminary plat; and
WHEREAS, on February 5, 2019 the City Council held a public hearing on the
preliminary plat and preliminary plans and found them to be compatible with the
neighborhood and consistent with the City's Zoning Ordinances, Subdivision
Ordinances, Comprehensive Plan, and infrastructure; and
WHEREAS, on April 2, 2019 the Stillwater City Council reviewed the final plat,
final plans and Development Agreement for MARYLANE MEADOWS and found them
to be consistent with the preliminary plat and plans.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the Development Agreement for MARYLANE MEADOWS
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:
Preliminary plat Sheet 3 of 7 Dated 12/20/18
Removals plan Sheet 3 of 8 Dated 2/15/19
Site & utility plan Sheet 4 of 8 Dated 2/15/19
Grading & Erosion control plan Sheet 6 of 8 Dated 2/15/19
Temporary Sediment Basin exhibit Sheet 6.1 of 8 Dated 2/15/19
Tree preservation plan Sheet T1 of 1 Dated 2/15/19
Landscape plan Sheet L1 of 1 Dated 2/15/19
2. All civil engineering plans shall 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.
3. The Brown’s Creek Watershed District grading permit must be issued prior to
release of the plat from city offices for recording with Washington County. If
the grading permit requires any changes to the grading plan referenced in
Condition 1 above, they must be reviewed and found satisfactory to the City
Engineer prior to commencing any grading. In addition, if any changes are
required by the watershed district that result in substantive changes to the
final plan set, then the City Council will need to review the final plans again
before the final plat is released from city offices.
4. The developer must construct a bituminous trail over Outlot A connecting
Marylane Avenue to the Settler’s Glen tail system. The developer’s cost of
building the trail will be credited against the park and trail fee for the project.
The balance of the bid cost of construction (if found satisfactory to the City
Engineer) will be credited against the total park and trail fee and the balance
must be submitted to the City prior to release of the final plat from City
offices for recording with Washington County.
5. All electrical and communications utility lines shall be buried.
6. The Developer will be responsible for paying the Trout Stream Mitigation Fee
of $27,645.20 and trunk sewer and water fees of $49,605.60. If these fees are
not paid in 2019, rates will increase and the higher rates will apply. These
fees will be due prior to release of the final plat for recording with the county.
7. Materials may not be stored in the critical root zone of trees to be saved, nor
may equipment or materials be leaned or stacked against trunks of trees
identified to be saved.
Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of April,
2019.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS
BY REZONING PROPERTY TO
RB, TWO-FAMILY RESIDENTIAL
CASE NUMBER 2019-08
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
Section 1. The zoning of property legally described as Lots 2 and 3, Block 1,
Rivard Addition, Washington County, MN, is hereby amended to RB, Two-Family
Residential.
Section 2. This Ordinance shall be in full force and effect from and after
publication according to law.
Section 3. In all other ways the Stillwater City Code shall remain in full force and
effect.
Adopted by the City Council this 16th of April, 2019.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
DEVELOPMENT AGREEMENT
FOR THE PLAT OF
MARYLANE MEADOWS
BY AND BETWEEN
THE CITY OF STILLWATER
AND
FENWAY LAND COMPANY
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THIS AGREEMENT, made and entered into on the day of , 2019,
by and between the City of Stillwater, a Minnesota municipal corporation, (“CITY”), and Fenway
Land Company, a Minnesota corporation (“DEVELOPER” and “OWNER”).
RECITALS:
WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has applied
to the CITY for approval of the DEVELOPMENT PLANS and FINAL PLAT for the Marylane
Meadows; and
WHEREAS, in conjunction with the granting of these approvals, the CITY requires the
installation and/or availability of public utilities (sewer and water), public streets, storm sewer pipes,
ponds, and other facilities; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following
conditions:
1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract
defines the work which the DEVELOPER undertakes to complete; and
2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the
amounts and with conditions satisfactory to the CITY, providing for assurance of payment for
the actual construction and installation of the improvements in the DEVELOPMENT
PLANS, as specified and required by the CITY.
WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional
engineer and have been submitted to and approved by the CITY ENGINEER.
NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
AGREEMENT and in reliance upon the representations, warranties and covenants of the parties
herein contained, the CITY and DEVELOPER agree as follows:
ARTICLE 1
DEFINITIONS
1.1. TERMS. The following terms, unless elsewhere defined specifically in the
DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below.
1.2. BUILDER. “BUILDER” means an entity that will be constructing a residence on a
lot in the FINAL PLAT.
1.3. CITY. “CITY” means the City of Stillwater, a Minnesota municipal corporation.
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1.4. CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the City of
Stillwater and their delegates.
1.5. CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES
identified in Article 12 of this DEVELOPMENT AGREEMENT.
1.6. COUNCIL. “COUNCIL” means the Council of the City of Stillwater.
1.7. COUNTY. “COUNTY” means Washington County, Minnesota.
1.8. DEVELOPER. “DEVELOPER” means Fenway Land Company, a Minnesota
corporation.
1.9. DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes,
jointly and severally, any of the following or any combination thereof:
a) failure by the DEVELOPER to timely pay the CITY any money required to
be paid under the DEVELOPMENT AGREEMENT;
b) failure by the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the
CITY standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;
d) breach of the DEVELOPER WARRANTIES.
1.10. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means
and includes, individually and collectively, all the improvements identified in Article 4.
1.11. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means all
DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT.
1.12. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means
this instant agreement by and among the CITY and DEVELOPER.
1.13. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all the plans,
drawings, specifications, and surveys dated February 15, 2019 and prepared by Carlson McCain,
hereby incorporated by reference and made a part of this DEVELOPMENT AGREEMENT.
1.14. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means a residential
development to be known as the Marylane Meadows that will be constructed on the
DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL PLAT.
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1.15. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real
property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT
PROJECT will be constructed.
1.16. FINAL PLAT. “FINAL PLAT” means the FINAL PLAT, approved by the
COUNCIL on April 2, 2019, and attached hereto as Exhibit B.
1.17. FORCE MAJEURE. “FORCE MAJEURE” means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not
including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war
or civil disorder affecting the performance of work, blockades, power or other utility failures, and
fires or explosions.
1.18. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to
the other if in writing and if and when delivered or tendered either in person or by depositing it in the
United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and
postal charges prepaid, addressed as follows:
If to CITY: City of Stillwater
Attention: City Administrator
216 North Fourth Street
Stillwater, MN 55082
If to DEVELOPER and OWNER: Fenway Land Company
13925 Fenway Blvd. N.
Hugo, MN 55038
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of service
if served personally on the party to whom notice is to be given, or on the third day after mailing if
mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed
given if and when actually received by a party.
1.19. INDIRECT COSTS. “INDIRECT COSTS” means the costs related to:
a) Finance, administration and legal costs; and
b) Engineering services performed by City Staff; and
c) Testing and Right of Way services; and
d) Consulting engineering services.
1.20. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES”
means and includes, individually and collectively, the following:
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a) Minnesota Department of Transportation
b) Washington County
c) Washington County Highway Department
d) Brown’s Creek Watershed District
e) Water Management Organization
f) Minnesota Department of Health
g) Minnesota Pollution Control Agency
h) Metropolitan Council
i) Any other regulatory or governmental agency or entity affected by, or having
jurisdiction over the DEVELOPER IMPROVEMENTS.
1.21. OWNER. “OWNER” means Fenway Land Company, a Minnesota corporation.
1.22. PRELIMINARY PLAT. “PRELIMINARY PLAT” means the preliminary plat
approved by the COUNCIL.
1.23. PRIOR EASEMENT HOLDERS. “PRIOR EASEMENT HOLDERS” means and
includes, jointly and severally, all holders of any easements or other property interests which existed
prior to the grant or dedication of any public easements transferred by the FINAL PLAT or transferred
pursuant to this DEVELOPMENT AGREEMENT.
1.24. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes,
individually and collectively, all the improvements identified on Exhibit C and in Article 3.
1.25. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly
and severally, the following:
a) Utility companies, including electric, gas and cable;
b) Pipeline companies.
ARTICLE 2
FINAL PLAT APPROVAL
2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All
conditions contained in the City Council Resolution for the FINAL PLAT and in the Resolution
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approving the Development Agreement shall be considered a condition of this DEVELOPMENT
AGREEMENT.
2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL
PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits
shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this
DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY
has received the financial obligations required in Article 15.
ARTICLE 3
SITE IMPROVEMENTS
3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own cost,
all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for
making public improvements.
3.2. AREA CHARGES. The CITY imposes Area Charges for sanitary sewer, water and
storm sewer impacts to all new developments pursuant to City Code and the Fee Schedule. Such Area
Charges are identified on Exhibit G.
ARTICLE 4
DEVELOPER IMPROVEMENTS
4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own
cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and
in accordance with the approvals of the City Council, and all ordinances and PRELIMINARY and
FINAL PLAT resolutions of the City or any amendments thereto and any Miscellaneous
Requirements on Exhibit D, attached hereto.
4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable
ground material shall exist in the areas of utility improvements and shall guarantee the removal,
replacement or repair of substandard or unstable material. The cost of said removal, replacement or
repair is the responsibility of the DEVELOPER.
4.3. GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall
construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with
the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary
easements for the preservation and maintenance of the drainage system, for drainage basins and for
utility service and for utility looping. The DEVELOPER shall enter into any easement agreements
and stormwater management agreements with the CITY that are deemed necessary to fulfill the
obligations of this section. The grading and drainage plan shall include lot and building elevations,
drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas
necessary to conform to the overall CITY storm sewer plan. The grading of the site shall be completed
in conformance with the DEVELOPMENT PLANS, subject only to such design criteria and
6
engineering design and construction specifications as are used in the DEVELOPMENT PLANS
notwithstanding any amendment or change to CITY standards for development subsequent to
approval of the FINAL PLAT.
The DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL
PLAT. Additional utility and drainage easements that may be required by the CITY may be granted
by an acceptable document as approved by the CITY. Prior to issuance of a Certificate of
Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a
Certificate of Survey by a land surveyor must be submitted to the CITY by the BUILDER
reflecting conformance with the approved grading plan and confirming that the lot corner
monuments are installed.
Building construction and general construction activities are limited to Monday through
Friday between the hours 7:00 AM and 9:00 PM and on Saturday between the hours of 9:00 AM
and 9:00 PM. Site grading/excavation and street and utility construction activities are limited to
Monday through Friday between the hours 7:00 AM and 9:00 PM and on Saturday between the
hours of 9:00 AM and 9:00 PM.
4.4. STREET SWEEPING. The DEVELOPER is responsible for the removal of all
construction debris and earth materials within the public right-of-way typically resulting from new
home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is
keeping all public roadway surfaces clean. If any portion of a pubic roadway surface is found in an
unacceptable condition, the CITY will have appropriate equipment dispatched to the site an all costs
associated with the clean-up effort will be billed to the DEVELOPER.
4.5. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured
sod from the street curb through each lot in the entire FINAL PLAT. For a lot where the Certificate
of Occupancy is issued between October 1 and May 1 of the following year, completion of the work
described in this paragraph shall be completed by the BUILDER by June 15; for a lot where the
Certificate of Occupancy is issued between May 1 and September 30, completion of the work
described in this paragraph shall be completed by the BUILDER by the October 15. Notwithstanding
anything to the contrary in this DEVELOPMENT AGREEMENT, it is agreed that in lieu of the
BUILDER installing sod on each lot, the BUILDER may provide to a lot owner a certificate that
entitles the lot owner to have sod delivered to that lot at the owner’s request for installation by the lot
owner.
4.6. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all
boulevards within 30 days of the completion of street related improvements and restore all other areas
disturbed by the development grading operation in accordance with the approved erosion control plan,
over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the DEVELOPER shall
remove the silt fences after grading and construction have occurred.
4.7. LOT CORNER MONUMENTS. The DEVELOPER shall install all subdivision lot
corner monumentation within one year from the date of recording the FINAL PLAT, or the
monumentation shall be installed on a per lot basis at the time the building permit for the subject lot
is issued, whichever occurs first. At the end of the one year period from recording of this
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DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written
verification by a registered land surveyor that the required monuments have been installed throughout
the FINAL PLAT.
4.8. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR
DURING CONSTRUCTION. The DEVELOPER shall clear, on a daily basis, any soil, earth or
debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from the grading
or building on the land within the FINAL PLAT by the DEVELOPER or its agents, and shall restore
to the CITY’s specifications any gravel base contaminated by mixing construction or excavation
debris, or earth in it, and repair to the CITY’s specifications any damage to bituminous surfacing
resulting from the use of construction equipment.
Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings
within the FINAL PLAT, including necessary street maintenance such as grading, graveling, patching
and snow removal. Completion of the work described in the paragraph shall be completed within
fifteen (15) days after notice by the CITY to the DEVELOPER that repair or restoration is required.
4.9. OCCUPANCY AND ACCESS. DEVELOPER may be issued building permits for
Lots 4 and 5, Block 1 for model homes after the FINAL PLAT has been recorded. No other building
permits shall be issued until mass site grading is completed to the satisfaction of the City Engineer.
No certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and
sanitary sewer improvements are available for use.
4.10. DRIVEWAYS. Upon building a residence on a lot, each lot owner shall construct a
concrete or bituminous surface driveway for the lot in accord with CITY approved standards. For a
lot for which a certificate of occupancy is issued between November 1 and May 1 of the following
year, completion of the work described in this paragraph must be completed by the DEVELOPER by
June 15; for a lot for which a certificate of occupancy is issued between May 1 and July 31, completion
of the work described in this paragraph shall be completed by DEVELOPER by November 15.
4.11. VEGETATION. The DEVELOPER shall comply with CITY ordinances and
policies related to preservation of vegetation and trees and specifically shall exercise reasonable
efforts in residential areas to save mature, non-diseased trees and vegetation on the subject land which
do not have to be removed for reasonable installation of buildings, streets, utilities or drainage
improvements, construction activities related thereto, or site grading. Prior to any excavation, the
DEVELOPER shall require a certified arborist to install tree protection on all trees that are to be saved
and to mark trees such trees with a red band prior to any excavation. All diseased trees shall be
removed according to CITY ordinance requirements.
4.12. LANDSCAPING. The responsibility for landscaping requirements are as follows:
a) The DEVELOPER is responsible for:
1. Installing all landscaping improvements shown on the DEVELOPER’s
approved landscape plan.
2. Granting the CITY the right to trim overgrown vegetation.
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3. Installing irrigation within the lots.
b) For single-family homes, individual property owners must:
1. Maintain their yards all the way to the curb of the abutting roadway for each
parcel, including any landscaping in the boulevards.
2. Maintain their yards to the center of any abutting CITY trail.
3. Have a minimum of three (3) trees on their property pursuant to the Landscape
Plans.
4.13. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for
erosion control and pond maintenance in accord with the Best Management Practices (BMP) as
delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas
and a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS
and shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install and
maintain such erosion control structures as appear necessary under the DEVELOPMENT PLANS, or
as it becomes necessary subsequent thereto. The DEVELOPER shall be responsible for all damage
caused as the result of grading and excavation within the FINAL PLAT including, but not limited to,
restoration of existing control structures and clean-up of public right-of-way, until all lots are final
graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER
shall sod any disturbed areas in accordance with the DEVELOPMENT PLANS. After the site is rough
graded, the DEVELOPER must provide erosion control devices that are reasonably required by the
CITY. The parties recognize that time is of the essence in controlling erosion. If the DEVELOPER
does not provide erosion control, the CITY may, after a twenty-four (24) hour notice, take appropriate
action to control erosion. The CITY may, without notice draw upon any posted financial guarantee to
pay costs incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CITY’s
option, assess the additional costs incurred as part of the DEVELOPER IMPROVEMENTS.
4.14. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER
must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street
Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any
lot purchaser or BUILDER of a home on any lot within the FINAL PLAT. Notwithstanding the
foregoing, it is agreed that DEVELOPER may transfer its responsibility for sod installation, provided
DEVELOPER remains liable for the performance thereof and it is understood and agreed that upon
transfer of the NPDES permit to the BUILDER or buyer of an individual lot, all responsibilities
subsumed under the said NPDES permit specific to the subject lot shall, thereafter, be the
BUILDER’S or buyer’s responsibility and not DEVELOPER’s responsibility.
4.15. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within
the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush,
or other rank vegetation to a height greater than eight (8) inches, or permit any accumulation of dead
weeds, grass or brush. In the event the DEVELOPER fails to comply with this provision, the CITY
may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs
of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed against
the property that is in violation.
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ARTICLE 5
PARK CONTRIBUTION REQUIREMENTS
5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication
requirements as defined in the City Code and shall meet the financial obligations identified on Exhibit
G. Any applicable park dedication fees or LOC requirements to ensure the completion of park
improvements must be paid prior to the release of the FINAL PLAT. Park fees and trail fees will be
reduced based on the cost to construct the new trail.
ARTICLE 6
PERMITS, LICENSES AND OTHER APPROVALS
6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and
licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES,
as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be
determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs
incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any
agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals,
permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold
the CITY harmless from any action initiated by the OTHER REGULATORY AGENCIES and the
UTILITY COMPANIES resulting from such failures of the DEVELOPER.
ARTICLE 7
OTHER DEVELOPMENT REQUIREMENTS
7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements to approval
of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL are incorporated
herein and identified on Exhibit D.
ARTICLE 8
[INTENTIONALLY BLANK]
ARTICLE 9
RESPONSIBILITY FOR COSTS
9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. The DEVELOPER shall
pay for the DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS; that is, all costs of
persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or
equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to
10
pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the
CITY shall have approved the contract or subcontract.
The DEVELOPER is responsible for contracting and paying for the utility testing costs. The CITY
will coordinate the water main bacteria testing. The CITY’s designated inspector on the
DEVELOPMENT PROJECT will coordinate the street and utility testing activities. All testing
reports shall be sent to the CITY.
If deductions are owed on the street and utility construction pursuant to the MNDOT standards for
construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days
after DEVELOPER receives notice of such deductions.
9.2. MISCELLANEOUS AND AREA CHARGES. The DEVELOPER shall
reimburse the CITY for all miscellaneous costs and Area Charges incurred or to be incurred by the
CITY in connection with this DEVELOPMENT AGREEMENT. Such costs are identified on Exhibit
G.
9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs
and reasonable attorneys’ fees.
9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within
thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of
eight percent (8%) per year.
ARTICLE 10
DEVELOPER WARRANTIES
10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby
warrants and represents the following:
a) AUTHORITY. DEVELOPER is the fee title OWNER of the DEVELOPMENT
PROPERTY in the FINAL PLAT and has the right, power, legal capacity and
authority to enter into and perform its obligations under this DEVELOPMENT
AGREEMENT, and no approvals or consents of any persons are necessary in
connection with the authority of DEVELOPER to enter into and perform its
obligations under this DEVELOPMENT AGREEMENT.
b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which would affect
performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a
party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment
or decree which would prohibit the execution or performance of this
DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the
transactions provided for in this DEVELOPMENT AGREEMENT.
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c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and
is not in violation of applicable federal, state or local statutes, laws, and regulations
including, without limitation, permits and licenses and any applicable zoning,
environmental or other law, ordinance or regulation affecting the FINAL PLAT and
the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and
DEVELOPER is not aware of any pending or threatened claim of any such violation.
d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with
all applicable federal, state and local statutes, laws and regulations including, without
limitation, permits and licenses and any applicable zoning, environmental or other
law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT
PLANS and the DEVELOPER IMPROVEMENTS.
e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or threatened against or
affecting DEVELOPER or the FINAL PLAT or the DEVELOPMENT PLANS or the
DEVELOPER IMPROVEMENTS. DEVELOPER is not in default with respect to
any order, writ, injunction or decree of any federal, state, local or foreign court,
department, agency or instrumentality.
f) FULL DISCLOSURE. None of the representatives and warranties made by
DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or
to be furnished by DEVELOPER or on its behalf intentionally contains or will contain
any untrue statement of material fact or intentionally omit any material fact the
omission of which would be misleading. Any unintentional untrue statements or
omissions shall be corrected or cured within thirty (30) days after the DEVELOPER
receives FORMAL NOTICE or obtains knowledge of such error, unless an extension
is granted by the CITY.
g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS
comply with all CITY, COUNTY, metropolitan, state and federal laws and
regulations, including but not limited to, subdivision ordinances, zoning ordinances
and environmental regulations.
h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER
warrants all work required to be performed by it under this DEVELOPMENT
AGREEMENT against defective material and faulty workmanship for a period of two
(2) years after its completion and acceptance by the CITY. The DEVELOPER shall
be solely responsible for all costs of performing repair work required by the CITY
within thirty (30) days of notification. All trees, grass, and sod shall be warranted to
be alive, of good quality, and disease free for one year after planting. Any
replacements shall be similarly warranted for one year from the time of planting. The
warranty period for street and drainage and erosion control improvements shall be for
two (2) years after completion and acceptance by the CITY; the warranty for the street,
drainage and erosion control improvements shall also include the obligation of the
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DEVELOPER to repair and correct any damage to or deficiency with respect to such
improvements.
i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and
pay for all required permits, licenses and approvals, and shall meet, in a timely
manner, all requirements of all applicable, local, state and federal laws and regulations
which must be obtained or met before the DEVELOPER IMPROVEMENTS may be
lawfully constructed. A list of the CITY permits, licenses, and approvals required is
identified on Exhibit E.
ARTICLE 11
[INTENTIONALLY BLANK]
ARTICLE 12
CITY WARRANTIES
12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and
represents as follows:
a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing the laws of the State of Minnesota.
b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into
and perform its obligations under this DEVELOPMENT AGREEMENT.
ARTICLE 13
INDEMNIFICATION OF CITY
13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under
the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or
damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents,
employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the CITY incurs of
suffers, which arise out of, result from or relate to:
a) breach by the DEVELOPER of the DEVELOPER WARRANTIES;
b) failure of the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY
ordinances, standards and specifications;
13
c) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;
d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or
materialmen;
e) failure by the DEVELOPER to pay for materials;
f) approval by the CITY of the FINAL PLAT;
g) approval by the CITY of the DEVELOPMENT PLANS;
h) failure to obtain the necessary permits and authorizations to construct the
DEVELOPER IMPROVEMENTS;
i) construction of the DEVELOPER IMPROVEMENTS;
j) delays in construction of the DEVELOPER IMPROVEMENTS;
k) payment by DEVELOPER for any required costs or assessments;
l) all costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the DEVELOPER IMPROVEMENTS.
13.2. NOTICE. Within a reasonable period of time after the CITY’s receipt of actual notice
of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY
shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall
not be obligated to make any payment to the CITY for any such claim until the passage of thirty (30)
days from the date of its receipt of FORMAL NOTICE from the CITY, during which time the
DEVELOPER shall have the right to cure or remedy the event leading to such claim.
13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the
DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand,
with respect to claims or demands asserted against the CITY by a third party of the nature covered by
Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER will,
at its sole expense, provide for the defense thereof with counsel of its own selection but approved by
the CITY; the DEVELOPER will pay all costs and expenses including attorneys’ fees incurred in so
defending against such claims, provided that the CITY shall at all times also have the right to fully
participate in the defense at the CITY’s expense. If the DEVELOPER fails to defend, the CITY shall
have the right, but not the obligation, to undertake the defense of, and to compromise or settle the
claim or other matter, for the account of and at the risk of the DEVELOPER.
14
ARTICLE 14
CITY REMEDIES UPON DEVELOPER DEFAULT
14.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by
FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the
DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the
DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does
not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by
law and any of the following remedies:
a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT;
b) the CITY may suspend any work, improvement or obligation to be performed by the
CITY;
c) the CITY may collect on the irrevocable letter of credit (“LOC”) or cash deposit
pursuant to Article 15 hereof;
d) the CITY may suspend or deny building and occupancy permits for buildings within
the FINAL PLAT;
e) the CITY may, at its sole option, perform the work or improvements to be performed
by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days
after written billing by the CITY reimburse the CITY for any costs and expenses
incurred by the CITY. In the alternative, the CITY may in whole or in part, specially
assess any of the costs and expenses incurred by the CITY; and the DEVELOPER
hereby waives any and all procedural and substantive objections to the installation and
construction of the work and improvements and the special assessment resulting
therefrom, including, but not limited to, notice and hearing requirement and any claim
that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER
hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER and
thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any other concurrent, previous or subsequent breach
hereunder. All waivers by the CITY must be in writing.
14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT
AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission
to exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy
reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE.
15
14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof
relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and
notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER
a right to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the
CITY ENGINEER, resulting from the DEVELOPER DEFAULT, the CITY may perform the work
or improvement to be performed by the DEVELOPER without giving any notice or FORMAL
NOTICE to the DEVELOPER and without giving the DEVELOPER the right to cure the
DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written
billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative,
the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and
the DEVELOPER hereby waives any and all procedural and substantive objections to the installation
and construction of the work and improvements and the special assessments resulting therefrom,
including, but not limited to, notice and hearing requirements and any claim that the special
assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights
otherwise available pursuant to Minn. Stat. § 429.081.
ARTICLE 15
FINANCIAL OBLIGATIONS
15.1. DEVELOPER’S LETTER OF CREDIT AMOUNT. Prior to release of the
FINAL PLAT for recording, the DEVELOPER shall deposit with the CITY an irrevocable LOC for
the amounts required by Exhibit C, F and H. In lieu of an irrevocable LOC, DEVELOPER may
deposit cash or other security acceptable to CITY.
All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the
irrevocable LOC shall be subject to approval by the CITY Finance Director and shall continue to be
in full force and effect until released by the CITY. The irrevocable LOC shall be for a term ending
two (2) years after acceptance by the CITY. In the alternative, the letter of credit may be for a one
year term provided it is automatically renewable for successive one year periods from the present or
any future expiration dates, and further provided that the irrevocable LOC states that at least sixty
(60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for
an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the
terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC
or cash deposit, without any further notice than that provided in Section 14.1 relating to a
DEVELOPER DEFAULT, for any of the following reasons:
a) a DEVELOPER DEFAULT; or
b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse
prior to two (2) years after acceptance by the CITY.
The CITY shall use the LOC proceeds to reimburse the CITY for its costs and to cause the
DEVELOPER IMPROVEMENTS to be constructed to the extent practicable; if the CITY
ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed and after
16
retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining proceeds
shall be distributed to the DEVELOPER.
With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from
time to time as financial obligations are paid.
15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER
IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by the
DEVELOPMENT AGREEMENT be reduced at the following milestones:
a) Substantial completion of the mass site grading activities;
b) Final completion of the mass site grading activities;
c) Substantial completion of the sanitary sewer, water main, and storm sewer
installation;
d) Final completion of the initial public improvements;
e) Final completion of the final street improvements.
If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered
to, or that work was done without CITY inspection, the CITY may require, as a condition of
acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of the
estimated amount necessary to correct the deficiency or to protect against deficiencies arising
therefrom. In the event that work, which is concealed, was done without permitting CITY inspection,
then the CITY may, in the alternative, require the concealed condition to be exposed for inspection
purposes.
15.3. DEVELOPER’S CASH FEES AND CASH ESCROW REQUIREMENTS. At
the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall deposit cash
and cash escrows with the CITY for those items and in the amounts required by Exhibit G.
15.4. BUILDER’S CASH FEES AND ESCROW REQUIREMENTS. DEVELOPER
shall notify each BUILDER that certain building permit fees and an escrow shall be required prior to
the issuance of a building permit for each lot for those items and in the amount stated on Exhibit H,
attached hereto. If the DEVELOPER is the only BUILDER pulling building permits, the CITY, in
its sole discretion, may accept an irrevocable LOC from the DEVELOPER for each lot, in an amount
equal to or exceeding the total amount of cash escrow requirement that would otherwise be required
under this paragraph.
ARTICLE 16
MISCELLANEOUS
16.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be
considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS.
16.2. ADDITIONAL IMPROVEMENTS. If the DEVELOPER fails to construct the
DEVELOPER IMPROVEMENTS, the CITY at its option, may install and construct the
17
DEVELOPER IMPROVEMENTS. In such case, the CITY, at its option, may specially assess the
cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw on the irrevocable
LOC or cash deposit. If the CITY specially assesses the cost of any portion thereof, then the
DEVELOPER hereby waives any and all procedural and substantive objections to the installation of
the improvements and the special assessments, including, but not limited to, notice and hearing
requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The
DEVELOPER waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081.
The DEVELOPER acknowledges that the benefit from the improvements equal or exceed the amount
of the special assessments.
16.3. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the
CITY under this DEVELOPMENT AGREEMENT.
16.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT.
16.5. RECORDING. The DEVELOPMENT AGREEMENT, PLAT and other documents
identified in Exhibit D shall be recorded with the COUNTY Recorder and the OWNER and
DEVELOPER shall provide and execute any and all documents necessary to implement the
recording.
16.6. BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the
FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER. This
DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired interest
of the DEVELOPER in the land made the subject of the FINAL PLAT.
16.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this
DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which
approval will not be unreasonably withheld. In such case, the third-party buyer will be required to
accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT
AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the
DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the
DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the
DEVELOPER sells one or more lots, the entire PLAT, or any part of it.
16.8. AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may
extend the time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this DEVELOPMENT AGREEMENT or in any document
delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this
DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained
in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving of
any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of
18
any party for any such amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of
any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
16.9. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by
and construed in accordance with the laws of the State of Minnesota.
16.10. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in
any number of counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument.
16.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
DEVELOPMENT AGREEMENT are included for purposes of convenience only, and shall not affect
the construction of interpretation of any of its provisions.
16.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the
DEVELOPER are inconsistent, then that provision or term which imposes a greater and more
demanding obligation on the DEVELOPER shall prevail.
16.13. ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees,
officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to
perform all work and inspections deemed appropriate by the CITY during the installation of
DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS.
[The remainder of this page has been intentionally left blank.]
19
IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
AGREEMENT.
CITY:
CITY OF STILLWATER
By:
Ted Kozlowski
Its Mayor
By:
Beth Wolf
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2019, before me a Notary Public within and
for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the
City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument
was signed in behalf of said municipality by authority of its City Council and said Mayor and City
Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
20
OWNER/DEVELOPER:
FENWAY LAND COMPANY
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _____ day of _____________, 2019, before me a Notary Public within and for said
County, personally appeared to me personally known, who being by me
duly sworn, did say that he is the of Fenway Land Company, a
Minnesota corporation, the corporation named in the foregoing instrument, and that said
instrument was signed on behalf of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING PLEASE RETURN TO:
Korine Land, #262432
LeVander, Gillen, & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
(651) 451-1831
A-1
EXHIBIT A
DEVELOPMENT PROPERTY
Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally
described as:
Lots 1-5, Block 1, Marylane Meadows
Lots 1-6, Block 2, Marylane Meadows
B-1
EXHIBIT B
FINAL PLAT
C-1
EXHIBIT C
SITE IMPROVEMENTS
ESTIMATED CONSTRUCTION COSTS
Site Improvement LOC
Estimated
Construction
Cost
Site Utilities $71,700
Trail: Public $7,800
Trail: Private $9,093
Subtotal: $88,593.00
Total Site Improvement LOC (125%): $110,741.25
D-1
EXHIBIT D
MISCELLANEOUS REQUIREMENTS AND CONDITIONS
IMPOSED BY THE CITY
1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT
TO BE RECORDED.
a) Letter of Credit. DEVELOPER must provide the LOC for the amounts stated on
Exhibit C and F of this DEVELOPMENT AGREEMENT.
b) All Cash Deposits. DEVELOPER must pay all cash deposits required in this
DEVELOPMENT AGREEMENT.
c) Planning Fees. DEVELOPER must fully pay the CITY all planning, engineering
review and legal fees that have been incurred up to the date of approval of this
DEVELOPMENT AGREEMENT.
d) Park Fee and Credits Relating Thereto. DEVELOPER must pay park dedication fees
as required in Exhibit G to fulfill the Park Dedication requirements.
e) Outlot A. DEVELOPER must convey Outlot A to City by warranty deed.
2) BUILDING PERMITS. No building permits may be obtained until:
a) All the conditions in Paragraph 1 of this Exhibit D have been met;
b) All storm water ponds and associated drainage features including storm sewer and
drainage swales have been installed;
c) The following documents have been recorded:
Final Plat
Development Agreement
Drainage and Utility Easement
Deed to Outlot A
3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all
the following conditions must be satisfied:
a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit D must be satisfied.
b) The base course of bituminous for the services serving the lot must be constructed by
the DEVELOPER and approved by the CITY and determined by the CITY to be
available for use.
c) The utilities have been installed.
D-2
d) As built surveys have been received by the CITY.
4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control
throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL PLAT
are built upon and until turf is established in each of the individual lots in the FINAL PLAT.
5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING
PROPERTY. The escrow amount stated on Exhibit G shall include an appropriate amount
as determined by the Director of Public Works to ensure that the DEVELOPER removes any
construction debris from streets adjoining the FINAL PLAT and from private properties that
adjoin the FINAL PLAT. During the construction of the residences and other improvements
within the FINAL PLAT, the DEVELOPER is responsible for removing any construction
debris (including roofing materials, paper wrappings, construction material and other waste
products resulting from construction) that may be blown from the construction site into
adjoining private properties or into CITY streets or that may fall from delivery trucks onto
adjoining private properties or CITY streets. Further, during construction, the DEVELOPER
must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY
streets from the delivery trucks that are being used in the excavation and grading of the site.
6) TRAIL. DEVELOPER shall construct a bituminous trail over Outlot A connecting Marylane
Avenue to the Settler’s Glen trail system located on Outlot A Settlers Glen Sixth Addition.
DEVELOPER is hereby granted a right of entry to construct the trail on Outlot A and the City
property, which shall be constructed in accordance with approved plans and to the satisfaction
of the City Engineer.
E-1
EXHIBIT E
PERMITS, LICENSES AND OTHER APPROVALS
1. NPDES Permit from the Minnesota Pollution Control Agency
2. Right of Way Permit from the CITY
3. Grading Permit from the CITY
4. Any contractor licenses from the CITY or the State of Minnesota
5. Building Permits from the CITY
6. Electrical Permits from the State of Minnesota
7. Utility permits that may be required from the CITY, State of Minnesota or any utility company
F-1
EXHIBIT F
DEVELOPER’S LETTER OF CREDIT REQUIREMENTS FOR
SITE GRADING & EROSION CONTROL ITEMS
Grading LOC Total
Total Grading Restoration Cost $65,000$
Grading LOC 125% $81,250
G-1
EXHIBIT G
DEVELOPER’S CASH REQUIREMENTS AND
INDIRECT COST CASH ESCROW
CASH REQUIREMENTS
City Fees Unit Qty Unit Cost Total
Park Dedication Fees LOT 9 $2,000 $18,000
Trail Dedication Fees LOT 9 $500 $4,500
Subtotal Park & Trail Fees $22,500
Less Trail Construction Costs $16,893
Total Park & Trail Fees $5,607
Trout Stream Mitigation Fee $27,645.20
Total Fees $33,252.20
CASH ESCROW
Engineering Escrow Total Per Lot
Concept Review Escrow $2,500 $227.27
Plan Review $5,000 $454.54
Inspection $5,000 $454.55
Total Escrow: $12,500 $1,136.36
AREA CHARGES
Area Charges Total
Trunk Sewer and Water Fees $49,605.60
H-1
EXHIBIT H
BUILDER’S ESCROW REQUIREMENTS
AND CASH REQUIREMENTS
ESCROW
Builder LOC Per Lot
Grading $1,500
Tree $1,200
Property As-built Survey & Corner
Replacement $2,000
Total Per Lot: $4,700
Total LOC (Total x 11 lots) $51,700
CASH REQUIREMENTS
Building Permit Fees Per Lot
Grading As-built Review Fee $150
Total Cash Added to Building
Permit: $150
MEMORANDUM
To: Mayor and City Council
/.<..(),-
From: Reabar Abdullah, Assistant City Engineer
Date: April 12, 2019
Re: 2019 Street Improvement Project (Project 2019-02)
DISCUSSION
At the April 2nct public hearing for the 2019 street improvement project two items were
brought up:
1. The sidewalk in the Triangle Park: A decision was made not to add sidewalk to
Triangle Park and just use the proposed pavement around the park for pedestrians
to use to connect to the sidewalk along Broadway Street.
Plans and specifications for the 2019 Street Improvement Project are near completion and
staff is requesting approval for the plans and specifications and authorization to bid. Bid
opening is scheduled for May 16th and bid results will be presented to Council at the May
21st meeting.
RECOMMENDATION
It is recommended that Council approve plans and specifications for the 2019 Street
Improvement Project and order advertisement for bids for the project.
ACTION REQUIRED
If Council concurs with the recommendation, they should pass a motion adopting
RESOLUTION 2019-APPROVING PLANS & SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR THE 2019 STREET
IMPROVEMENT PROJECT 2019-02.
APPROVE PLANS & SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
FOR 2019 STREET IMPROVEMENT PROJECT
(PROJECT 2019-02)
WHEREAS, pursuant to a resolution passed by the Council on April 2, 2019, the City
Engineer has prepared plans and specifications for the 2019 Street Improvement Project (Project
2019-02) and has presented such plans and specifications to Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
STILLWATER, MINNESOTA:
l. The plans and specifications presented by the City Engineer are hereby approved .
2. The City Clerk is ordered to prepare and cause to be inserted in The Gazette and online at
QuestCDN .com the advertisement for bids upon the making of the improvement under
the approved plans and specifications. The advertisement shall be published once in the
Stillwater Gazette and for two weeks online at QuestCDN.com and shall specify the work
to be done , shall state that bids will be received by the City Clerk until May 16 , 2019 at
10:00 am at which time they will be publicly opened at City Hall by the City Engineer;
will then be tabulated and will be considered by the Council at their next regular Council
meeting on May 21, 2019 in the Council Chambers. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
Council on the issue of responsibility . No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified
check payable to the Clerk for ten (10) percent of the amount of the bid.
Adopted by the Council this 21st day of May 2019.
Ted Kozlowski , Mayor
Attest:
Beth Wolf, City Clerk
MEMORANDUM
TO: Mayor and City Council
~
FROM: Shawn Sanders, Director of Public Works
DATE: April 11, 2019
SUBJECT: Feasibility Report for 2019 Sidewalk Rehabilitation Project
(Project 2019-06)
DISCUSSION
A sidewalk rehabilitation project is proposed for the 2019 construction season. If you
recall , the City had project approved by Council in 2018 but the bids received were
higher than the engineering's estimate by 30% and the bids were rejected. It was thought
that if we bid the same project in the spring, the bidding climate would favorable for the
proposed work.
The criteria for inclusion in the project is sidewalks that are severely cracked, heaved,
settled, or misaligned, such that they may cause people to trip . Inspection for this year
focused along Main Street, with other areas added.
There are 55 properties with sidewalk repair proposed (see attached map). The proposed
sidewalk repair area is approximately 4800 square feet. The estimated construction cost
of the sidewalk portion including removal , replacement, and restoration is $86,767. It is
proposed to assess 50% of the sidewalks costs. This amounts to an assessment rate for the
sidewalks at $8.85 per square foot. The remaining share would be paid for by the City. If
the feasibility report is approved, the timeline for the project would be as follows:
Public Hearing
Award Contract
Construct
Assessment Hearing
RECOMMENDATION
May 7 , 2019
May, 2 019
June-September
October 2019
Since the project is fea sible from and en gineering standpoint and the proj ect is cost
effective, it is recommended that Council accept the fe asibility report for the 2019
Sidewalk Rehabilitation Project and order a public hearing to be held on May 7, 2019
ACTION REOIRED
If council concurs with the recommendation, they should pass a motion adopting
RESOLUTION NO. 2019-RECEIVING REPORT AND CALLING
HEARING ON 2018 SIDEWALK REHABILITATION PROJECT (PROJECT
2019-06.
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
2019 SIDEWALK REHABILITATION PROJECT
(PROJECT 2019-06)
WHEREAS, pursuant to resolution of the council adopted March 5, 2019, a report has been
prepared by the City Engineer with reference to the 2019 Sidewalk Rehabilitation Project; and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible ,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER,
MINNESOTA:
1. The council will consider the improv ement of such sidewalk project in accordance with
the report and the assessment of abutting properties for a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of $87 ,915.00.
2 . A Public Hearing shall be held on such proposed improvement on the 7th day of May
2019 , at the Stillwater City Hall Council Chambers at 7:00 p.m., or as soon as possible
thereafter, and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
Adopted by the City Council of the City of Stillwater this 16th day of April 2019.
Ted Kozlowski, Mayor
Attest:
Be th Wolf, City C lerk
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IN TERLAC
2019 Sidewalk lmprovent Project
Memorandum
TO:
FROM:
DATE:
Mayor and City Council
Shawn Sanders~ector of Public Works
April 10 , 2019
SUBJECT: Approval of consultant services for the City of Stillwater ADA Transition Plan
BACKGROUND
The Americans with Disabilities Act (ADA), enacted in 1990, is a civil rights law prohibiting
discrimination against individuals based on a disability. Title II of the ADA requires public entities
with 50 or more employees to develop and maintain an ADA Transition Plan. An ADA Transition
Plan identifies obstacles within the public Right of Way (ROW), how and when to fix them , and
lists the official responsible for administering the plan.
DISCUSSION
Earlier this year, the City solicited Request for Proposals for Engineering Services to
develop an ADA Transition Plan for the City. The goal of the plan is to:
• Provide an evaluation of the pedestrian facilities within the City 's right-of way including
curb ramps, sidewalks , and access to certain public buildings.
• Prepare a self-evaluation and Transition Plan that complies with current ADA Standards
• Provide a cost estimate for remediation work required as a result of the evaluation.
• Develop Public Outreach
• Develop a grievance procedure
• Identify the individual responsible for plan implementation.
Two proposals were submitted on March 22 , 2019 ; SRF Consulting with a quote of
$41 ,730 and Stonebrooke with a quote of $44 ,200. Upon reviewing the proposals , the
work proposed and the deliverables , SRF Consulting was selected for the engineering
services.
RECOMMENDATION
Staff recommends City Council approve the engineering services of SRF Consulting the
City of Stillwater ADA Transition Plan.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion adopting
Resolution No . 2019-, ACCEPTING PROPOSAL AND AWARDING CONTRACT
FOR ENGINEERING SERVICES FOR CITY OF STILLWATER ADA TRANSION PLAN
(Project 2019-05).
ACCEPTING PROPOSAL AND AWARDING CONTRACT
FOR ENGINEERING SERVICES FOR THE CITY OF STILLWATER ADA
TRANSITION PLAN
PROJECT 2019-05
WHEREAS, the City solicited proposals to provide engineering services for the City of
Stillwater ADA Transition Plan and two have been received .
WHEREAS, the proposal from SRF Consulting represents the best fit for the project
based upon the scope of services requested by the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF STILLWATER, MINNESOTA: The Mayor and Clerk are hereby authorized
and directed to enter into a contract with SRF Consulting in the name of the City of
Stillwater for engineering services for City of Stillwater ADA Transition Plan adopted
by the City Council this 16th day of April , 2019.
Ted Kozlowski , Mayor
ATTEST: -------------
Beth Wolf, City Clerk
TO:
DATE:
~i(hYg_ter~
THE~IRTHPIACE Of MINNESOIA ')
Community Development Department
Mayor & Council Members
April 10, 2019
SUBJECT: Waiver of Stillwater Trolley parking fee
REPORT BY: Bill Turnblad, Community Development Director
REQUEST
Dick Zimmerman of Stillwater Trolley is requesting the City Council to waive the 2019 fee for
reserving two on-street parking spots.
In order to build the flood levy, the trolley's ticket office had to be relocated. The company's cost
for moving the office and then replacing it was $1,400. To help recover that cost, Stillwater Trolley
is requesting that the $1,290 parking fee be waived.
ALTERNATIVES
The Council has several available alternatives:
1. Approval -If the Council wishes to approve the request, a simple voice vote would be
sufficient.
2. Denial -If the Council finds no grounds for waiving the fee, then a voice vote denying
the request would be appropriate.
3. Table for more information.
cc Dick Zimmerman
bt
Beth Wolf
From: Bill Turnblad
Sent:
To:
Wednesday, April 10, 2019 8:56 AM
Tom McCarty
Cc:
Subject:
Tom,
Sarah Erenberg; Beth Wolf
FW: Council Meeting
Dick Zimmerman is asking for his parking permit fees for 2019 {$1,290) to be waived for the Stillwater Trolley because of
the cost of moving his ticket booth for the flood. I personally don't see any connection, but told him that only the
Council can waive that fee.
Should this go under "new business", or "petitions, individuals, .... "
Bill
From: dick@stillwatertrolley.com [mailto:dick@stillwatertrolley.com]
Sent: Tuesday, April 09, 2019 5:34 PM
To: Bill Turnblad <bturnblad@ci.stillwater.mn.us>
Subject: Council Meeting
Bill > would you please get Stillwater Trolley on the next upcoming City Council meeting to discuss our annual
parking permits fee. Due to the current flood conditions the City required us to move
the trolley office from its current location, and once the flood waters lowered we moved the office back to its
space. I would like to ask the council to waive the 2019 parking permits charge.
The cost to move the trolley office and have it moved back was $1,400.00, which is close to the parking permit
charge of $1,290.00. I appreciate your help.
THANKS,
Dick Zimmerman/ Stillwater Trolley
cell) 612-940-7514
1
CITY COUNCIL
MEETING DATE: April 16, 2019 CASE NO.: 2019-03
APPLICANT: Sarah Nymo, AIA, of Rehkamp Larson Architects, representing Reid &
Julie Miller, property owners
REQUEST: Consideration of a demolition designation study for the residential
structure located at 615 Broadway Street South
ZONING: RB – Two Family COMP PLAN DISTRICT: LMDR – Low/Medium Density
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
At their April 3, 2019
rescheduled meeting, the
Stillwater Heritage
Preservation Commission
denied the demolition of the
residence located at 615
Broadway Street South on the
basis the structure is a historic
resource because it is
associated with significant
events or periods that
exemplify broad patterns of
cultural, political, economic or
social history. Specifically, the
home was constructed during
the Development of Residential
Neighborhoods (1850s – 1940s)
Historic Context. The
Commission further concluded
there is a feasible alternative to
demolition.
REQUEST
Representing the Heritage Preservation Commission, Community Development staff are
requesting the Council’s authorization of a Demolition Designation Study for the structure.
615 Broadway St. South, Photo Credit: Google Images (August, 2018)
HPC Case 2019-03
615 Broadway Street South
CC: April 16, 2019
Page 2
HISTORY, CONDITION AND VALUATION SUMMARY
While April 3, 2019 HPC minutes are not available, staff has included the original HPC case file
materials for Council review. The Council will learn the circa 1880 structure’s original owner
and builder are unknown and that it was likely a rental throughout the end of the 19th century.
Furthermore, while the structure has had many additions and alterations that were not sensitive
to the original architecture, the original front of the structure (approximately 25’) remains
relatively intact from the 1898 Sanborn Map. While the 1996 inventory record notes the
property was in good condition and had good integrity, the Washington County Assessor’s
office has indicated the structure as having normal condition and a (combined) 2018 valuation
of $508,300 ($335,000 land value and $173,300 dwelling value). This was a 3% valuation
increase in the last year and a 25% valuation increase in the last five years.
Though there has been significant deferred maintenance and deteriorated floor joists, the
applicant’s photographs and submission of a home inspection report the only item of “safety or
significant defect” was is the garage auto reverse sensor not working. Since the HPC’s meeting,
the applicant has submitted additional material documenting wood rot from water intrusion,
carpenter ant, centipede and millipede removal costs, as well as an estimate for
demolition/removal of the whole home versus part of the home; the cost for reconstruction has
not been submitted.
PUBLIC COMMENT
The City has received no public comment regarding this demolition request.
APPLICABLE CITY CODE
City Code Section 34-4, Subd. 2(b)(iii) indicates when the Heritage Preservation Commission
has made a positive finding that the structure is a historic resource and that there is a feasible
alternative to demolition, then the HPC shall direct the Community Development Director to
prepare a demolition designation study. Subpart (1) indicates “If the city council does not
approve the preparation of the designation study within 30 days of the commission
determination, or if the completed designation study is not approved within 180 days of the
commission determination, or if the city council denies implementation of the designation after
completion of the designation study, then the building official shall issue the demolition
permit”.
The purpose of the designation study (a $5,000 cost that the City must pay) is for a certified
historian to investigate whether there is sufficient historical value in a house to merit
designating the property as a local heritage preservation site. If the City Council believes there
is a possibility that it would actually designate the property as a local heritage preservation site
after the study was completed, then the Council should authorize the study to be done. If there
is little likelihood that the property will be designated, or the Council disagrees with the HPC’s
assessment that there are feasible alternatives to demolition, then the Council would not
authorize the designation study to be completed.
HPC Case 2019-03
615 Broadway Street South
CC: April 16, 2019
Page 3
If the property is designated a heritage preservation site, demolition is assumed to be
prohibited.
CITY COUNCIL ACTION
The Council must determine whether or not there is support for authorizing the preparation of
the study.
ATTACHMENTS
Site Location Map
April, 2019 HPC Staff Report
Applicant Submission
Demolition Request (5 Pages)
Aerial Imagery (2 Pages)
Sanborn Map
Certificate of Survey
Site Photographs
Home Inspection Report (43 pages)
Architectural Inventory Record (2 pages)
South Hill Study Excerpts (6 pages)
Builder Letter
NCD Application Checklist (2 pages)
New Residence Conceptual Designs (6 pages)
City Council Meeting Presentation Packet
Lifespace Construction Letter and Cost Estimate
Orkin Service Agreement
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General Site Location
Site Location
615 Broadway St S
^
Te xt
HERITAGE PRESERVATION COMMISSION
MEETING DATE: March 20, 2019 CASE NO.: 2019-03
APPLICANT: Sarah Nymo, AIA, of Rehkamp Larson Architects, representing Reid &
Julie Miller, property owners
REQUEST: Consideration of the demolition of the residential structure located at 615
Broadway Street South
ZONING: RB – Two Family COMP PLAN DISTRICT: LMDR – Low/Medium Density
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
The applicant is requesting
approval of the demolition of
the residential structure
located at 615 2nd Street South
(located within the original
Stillwater plat). The property
owners would like to
construct a new single family
residence on the property.
PROPERTY HISTORY,
CONDITION AND
VALUATION
According to the 2002 City of
Stillwater Architecture-
History Inventory Form, the
structure is believed to have
been constructed in 1880.
However, neither the South
Hill neighborhood survey nor
the City’s historical building permit inventory have greater insight to the exact date of
construction or who the original owners were.
In reviewing the Stillwater City Directories, the following people were found to have lived in
the residence:
615 Broadway St. South, Photo Credit: Google Images (August, 2018)
HPC Case 2019-03
615 Broadway Street South
March 20, 2019
Page 2
Year(s) Resident(s)
1890-1891 Eldred M. Martin and Benjamin S. Miller
1892-1893 John B Hardy, collector, and FJR Aiple
1894-1895 Christian C. Behrens, bookkeeper, and FJR Aiple
1896-1897 Albert Bussiere, bookkeeper, and JJ Eichten
1898-1899 Oscar A. Garbrush, clerk
Given most years it was dual occupancy with a high turnover rate, it could be assumed the
residence was a rental property.
The structure first appears on the 1898 Sanborn
Map; this is the date when the Sanborn Fire
Insurance Company started to review this
neighborhood. The map depicts a small, two
story footprint with a front porch on the west and
a single story addition on the rear. By 1910, the
map shows the same font portion of the home
with a different shaped rear addition. The front
portion of the home is noted as one and a half
stories. A 1.5 story barn was located in the rear of
the property. According to the Sanborn Maps,
the property did not change between 1910 and
1924. Due to heavy tree coverage with the City’s
1946 aerial imagery, property improvements
could not be determined during that time.
In review of the structure and the site, it is clear
modern additions and alterations have been
made to the structure. As noted in the 1996
inventory and the applicant submission, the
original portion of the residence has been altered
in the following ways:
The front porch has been enclosed;
A bay window has been added to the
south side;
The north façade’s roofline has been
altered to accommodate for a second-story
window;
Metal storm windows and vinyl siding
has been installed.
Additionally, significant additions have been
added to the rear of the home. Included in these
improvements are a two and a half story addition
to the living space, a tuck-under garage, a screen
porch and a deck.
1898 Sanborn Map
1910 Sanborn Map
HPC Case 2019-03
615 Broadway Street South
March 20, 2019
Page 3
The 1996 inventory record notes the property was in good condition and had good integrity.
The Washington County Assessor’s office has indicated the structure as having normal
condition and a (combined) 2018 valuation of $508,300 ($335,000 land value and $173,300
dwelling value). This was a 3% valuation increase in the last year and a 25% valuation increase
in the last five years.
As indicated in the applicant’s photographs and submission of a home inspection report, the
structure does have evidence of deferred maintenance. Maintenance items included evidence of
water intrusion from poorly installed siding, flashing and trim; incomplete roof flashings; rotted
deck boards; deteriorated window glazing putty; and minor foundation cracks. All items are
noted as repairable. The only item of “safety or significant defect” was is the garage auto
reverse sensor not working. The applicants have further submitted testimony from Todd
Anderson, with Lifespace Construction, Inc., who indicated that he witnessed, on one portion of
the home, the home’s construction. He described the design as typical of what is found in
agricultural-style buildings.
COMPREHENSIVE PLAN AND ADMINISTRATIVE DETERMINATION
The 2030 Comprehensive Plan, adopted in 2010 by the Stillwater City Council, indicates the City
will:
Preserve and protect commercial and residential historic properties (buildings, sites,
miscellaneous structures and districts).
Encourage compatible remodeling, restoration and/or reuse of historic buildings,
including homes.
Adopt housing/historic preservation regulations and performance standards to
maintain the city’s existing housing stock.
Additionally, while the City has just released its draft of the 2040 Comprehensive Plan, the
City’s historic preservation and affordable housing goals and policies have not changed.
As per Chapter 34 of the municipal code, staff has determined the structure is potentially a
historic resource as it:
a) Is associated with significant events or periods that exemplify broad patterns of cultural,
political, economic or social history.
This home was constructed during the following Historic Context(s):
i. Stillwater and St. Croix Triangle Lumbering (1843-1914)
ii. Early Agriculture and River Settlement (1840-1870)
iii. Development of Residential Neighborhoods (1850s – 1940s)
o The 2002 Architecture-History Inventory Form lists this structure as eligible for local
listing under this period of significance
Given the association with these contexts, staff determined the structure to be a potential
historic resource. While the applicant argues the structure was not listed as a contributing
building to the draft South Hill historic district, staff asserts the structure was not intended to be
within the district’s boundary so it could not be listed as contributing or not contributing.
While the structure was not included in the district boundary, it does not mean the structure
does not contribute to the overall character of this neighborhood nor the City as a whole.
HPC Case 2019-03
615 Broadway Street South
March 20, 2019
Page 4
SITE VISIT AND ASSESSMENT
In addition to viewing the property, historical and 180 degree aerial imagery, and submitted
photographs, planning staff reviewed the neighboring surroundings in relationship to historic
surveys, context assessments and designation studies previously conducted by the HPC. This
structure is situated near the southern edge of the Original Stillwater Town (now City) plat.
When compared to some of the other river-front homes, the original house is modest. However,
the style and massing is in keeping with structures along South Broadway Street, especially
those on the west side of the street. Additionally, it is characteristic of many of the other homes
in the neighborhood and Stillwater: vernacular style, balloon-frame residences built between
1870 and 1910.
In addition to viewing photographs and historical aerial imagery, Building Official Cindy Shilts
and I conducted a site visit in April, 2018.
• The interior of the home contains a significant amount of original woodwork on the
main floor.
• Based on the exterior assessment, the main house is not in a state of disrepair or a
hazard. It appears to be in a fair condition.
• While there are cracks in the limestone foundation, they all appear repairable.
• Many of the original floor joists are rotted and have been sistered. Some joist repair or
replacement would be required.
Site photographs of the interior of the structure depicting its unique construction and rotted
joists are attached.
PUBLIC COMMENT
The City has received no public comment regarding this demolition request.
STAFF ANALYSIS AND FINDINGS
Before approving the demolition of a building, the commission shall make findings that the
demolition is necessary to correct an unsafe or dangerous condition on the property, or that
there are no reasonable alternatives to the demolition. In determining whether reasonable
alternatives exist, the commission shall consider, but not be limited to, the significance of the
property, the integrity of the property and the economic value or usefulness of the existing
structure, including its current use, costs of renovation and feasible alternative uses.
1. Is the building or structure a historic resource? The code defines a historic resource as: “Any
building or structure that is not currently designated as a Heritage Preservation Site but which is
worthy of such designation because of its historical, cultural, architectural, archaeological or
engineering significance.”
As indicated, the vernacular style is one of the most common architectural styles in the
City. Despite the Inventory record indicating the structure having good condition, the
HPC Case 2019-03
615 Broadway Street South
March 20, 2019
Page 5
lack of maintenance since has left the structure in less than good condition. However,
the inspection report indicates no major hazards. Rehabilitation of the structure would
be necessary to bring the structure’s exterior façade back into excellent condition. As
such, the home is not eligible to be nationally listed; but, it could be locally designated as
a heritage preservation site on the City’s local register.
2. Is there a feasible alternative to demolition? In determining whether reasonable alternatives
exist, the commission shall consider, but not be limited to, the significance of the property,
the integrity of the property and the economic value or usefulness of the existing structure,
including its current use, costs of renovation and feasible alternative uses.
Despite staff indicating greater than 50% of the existing structure could be removed
without HPC approval (as greater than 50% of the existing residence is non-historic), the
applicants have submitted preliminary designs for new home construction. The
applicants have indicated they would prefer an Italianate home on this site. While the
applicants have submitted conceptual drawings, they minimally meet the requirements
for Neighborhood Conservation District review. No building rehabilitation plans or cost
estimates for demolition and reconstruction were submitted.
ALTERNATIVES AND RECOMMENDATION
Staff recommends the HPC open the public hearing to take public comment, including
testimony from the applicant. Once all comments have been made, the HPC should close the
public hearing and take action on the request. The Commissions must make one of the
findings:
1. If the Commission finds that the property is not a historic resource (i.e. makes “negative
findings”) or that the property is historically significant or a historic resource, but that
there is no feasible alternative to demolition (i.e. makes “positive finding with no feasible
alternative to demolition”), then the commission shall notify the building official that a
demolition permit may be issued.
In both of these circumstances, the commission may require a mitigation plan as a
condition of any approval for demolition of a building. Such plan may include the
documentation of the property by measured drawings, photographic recording,
historical research or other means appropriate to the significance of the property. In the
past the HPC has required the following condition of approval’. :
a. Prior to the demolition, the property owner will advertise the home for
deconstruction, selective salvage and/or relocation in the Stillwater Gazette once
a week for two consecutive weeks, attempting to sell the home. A demolition
permit shall only be issued by the City after 30 days has passed since the last
time the ad has appeared in the Stillwater Gazette and all other conditions of
approval have been met.
Additionally, with the approval of the City Council, the commission may stay the
release of the building, wrecking or demolition permit for up to 180 days as a condition
of approval for a demolition of a building that has been found to contribute to a
HPC Case 2019-03
615 Broadway Street South
March 20, 2019
Page 6
potential historic district to allow parties interested in preserving the historic resource a
reasonable opportunity to act to protect it.
2. If the commission finds that the property is historically significant or a historic resource,
and that there is a feasible alternative to demolition (i.e. makes “positive finding with
feasible alternative to demolition”), then the commission shall deny the demolition permit
and direct the Community Development Director to prepare a designation study of the
property.
As staff has determined the structure is a potentially historic resource, the community’s
preservation goals are designed to protect historic resources, staff recommends the Commission
make a positive finding determination that the front 25’ portion of the structure is a historic
resource, deny the demolition application and direct the Community Development Director to
prepare a designation study.
ATTACHMENTS
Site Location Map
Applicant Submission
Demolition Request (5 Pages)
Aerial Imagery (2 Pages)
Sanborn Map
Certificate of Survey
Site Photographs
Home Inspection Report (43 pages)
Architectural Inventory Record (2 pages)
South Hill Study Excerpts (6 pages)
Builder Letter
NCD Application Checklist (2 pages)
New Residence Conceptual Designs (6 pages)
February 22, 2019
Stillwater Heritage Preservation Commission - Demolition Request Application
Subject Property Address:
615 Broadway St S
Stillwater, MN 55082
Applicants:
Reid and Julie Miller (owners as of 12/21/2018)
Application includes:
· 8.5 x 11 Support Materials:
o Application Index & Answers to HPC Demolition Review Submittal questions 1-8
o Appendices
Appendix 1 – professional inspection report
Appendix 2 - Stillwater Architectural History Inventory Form
Appendix 3 - pages 43-45 of the Final Survey Report for National Register
Identification and Evaluation Study completed on the South Hill
Residential Area in Winter/Spring 1996
Appendix 4 -pages 38-40 of the Final Survey Report for National Register
Identification and Evaluation Study completed on the South Hill
Residential Area in Winter/Spring 1996
Appendix 5 – NCD Design Review Application and Checklist
Appendix 6 – Builder Letter
Appendix 7 – Homeowner Letter
· 11x17 Support materials
o Aerial map of the site and neighborhood
o Historic Sanborn neighborhood map
o Professional survey of the property
o Color photographs of the existing house
o Professional Schematic Design drawings by Rehkamp Larson Architects, Inc of
the new proposed residence
HPC Demolition Review Submittal Questions 1 – 8:
Question 1
A map showing the location of the building or structure to be demolished on its property with
reference to neighborhood properties.
Reply to question 1
See packet of 11x17 support materials
Question 2
A legal description of property and owner of record.
Reply to question 2
As stated in the title:
The Northerly one-half of Lot 15, all of Lot 16, Block 42, Original Town (now City) of Stillwater,
excepting from said lots the Easterly 35 feet thereof, Washington County, Minnesota.
AND
The West One Hundred Four (W 104) feet of Lot Eleven (11), and the West One Hundred Four (W 104)
of the North One-half (N 1/2) of Lot Twelve (12), Block Forty-two, Original Town (now City) of Stillwater,
Washington County, Minnesota.
AND
The East Thirty-five (35) feet of Lot Sixteen (16) and the East Thirty-five (35) feet of the North One-half
(N 1/2) of Lot Fifteen (15), Block Forty-two (42), Original Town (now City) of Stillwater, Washington
County, Minnesota.
See professional survey dated November 22, 2018 in 11x17 packet of support materials
Question 3
Color photographs of all building elevations. Front elevation 8x10, side elevations 3x5
Reply to question 3
See packet of 11x17 support materials
Question 4
A description of the building or structure or portion of building or structure to be demolished.
Reply to Question 4
Current owners, Reid and Julie Miller, are completing this demolition request application for the
100% demolition and removal of current residential structure and foundation. This application
if seeking the preliminary approval for demolition with conditional expectations to furnish
complete plans for reuse of the property as defined in question 6.
Question 5
The reason for the proposed demolition and data supporting the reason including, where
applicable, date sufficient to establish any economic justification for demolition to determine
why restoration or reuse is not economically feasible.
Reply to Question 5
Current owners, Reid and Julie Miller, are providing the following artifacts to support this
demolition application.
City of Stillwater Demolition Review Process Criteria:
· Construction prior to January 1, 1946
o Front 1/3 of structure was built before 1946, but the following significant
demolitions and/or remodeling since 1946 has impacted the historical validity of
the structure
Rear barn/garage structure has been 100% demolished (refer to Sanborn
Map in 11x17 support materials)
Front façade of home has been altered over 60% with renovation of front
of home and the construction of screened in porch (refer to front elevation
picture in 11x17 support materials)
North façade of home has been altered significantly with renovation to
roofline for upper window.
South façade has been altered over 50% with renovation of side of home
with 1) installation of bay window structure and 2) installation of octagon
windows inconsistent with 1880s construction
o Rear 2/3 of structure was built after 1946 and has been constructed in multiple
“phases”, often without permits and/or consistent with building code/ordinances
(see appendix #1 inspection report)
o Entire home has been resided with aluminum siding inconsistent with any
historical building practices
o These are the obvious, non-invasive, conclusions without removal of all siding
and/or interior finishes to further understand the numerous post-1946
renovations.
· Building or structure, or a portion thereof, on the National Historic Register
o No, the structure at 615 Broadway Street S is not on the National Historic
Register
· Designated local heritage preservation site or contributing structure or building in a
designated National Register historic district
o No, the structure at 615 Broadway Street S has been identified as “not
contributing” to the historical significance to the City of Stillwater and the South
Hill as documented in the City of Stillwater Architectural History Inventory
(appendix #2) and also on pages 43-45 of the Final Survey Report for National
Register Identification and Evaluation Study completed on the South Hill
Residential Area in Winter/Spring 1996 (appendix #3)
Other Considerations:
· Architecture Alignment with South Hill District
o The structure at 615 Broadway Street S has been identified as a “Homestead”
architecture style and is not well aligned with the Gothic Revival, Italianate,
Victorian architecture of many of the structures in the South Hill District as
documented in the City of Stillwater Architectural History Inventory form and also
on pages 38-40 of the Final Survey Report for National Register Identification
and Evaluation Study completed on the South Hill Residential Area in
Winter/Spring 1996 (appendix #4)
· Integrity of structure
o The structure at 615 Broadway Street S has numerous concerns ranging from
structural deficiencies, water intrusion, code/ordinance violations. See inspection
report for more details (appendix #1)
Foundation – deteriorating original foundation including foundation cracks,
failing mortar, rebuilding needed.
Footings – Footings for rear additions not on suitable footings (porch).
Main floor – main floor original structural wood is decaying/rotting. Prior
owner “sistering” lumber next to rotting wood to “buy time”. It is safe to
assume that floor structure would not support loads consistent with current
standards and could fail leading to an unsafe situation.
Electrical code violations – electrical issues exist throughout the original
structure AND the historical additions. In addition, electrical wiring runs
“through” the deteriorating floor structure including the rotting and sistering
joists which will cause electrical failure at some point.
Plumbing – improper plumbing been installed with makeshift methods,
potentially requiring a significant reinstallation of major plumbing
components and piping.
Window/siding – Windows and siding installed in last renovation do not
meet code and have visual installation deficiencies and moisture intrusion.
Current siding is failing, pieces missing, flashing incorrect, caulking
missing.
Water intrusion/mold – Visible signs of water intrusion, rot around doors,
windows and behind “buckling” siding of home as well as staining interior
plaster.
Stairways – unsafe and not consistent with historical or current standards
Incomplete construction – Rear additions to home do not appear to be
completed.
Question 6
Proposed plans and schedule for reuse of the property on which the building or structure is
located.
Reply to Question 6
Current owners, Reid and Julie Miller, have engaged architecture firm, Rehkamp Larson
Architects, to develop Designs/Plans of a single family residence to be presented to the
Stillwater HPC/DRC and will be consistent with guidelines in the Stillwater Conservation
District Design Guidelines. Current expectations are that the design of the new structure will
strongly follow Italianate architecture. See packet of 11x17 support materials
Question 7
Relation of demolition and future site use to the comprehensive plan and zoning requirements.
Reply to Question 7
Current owners, Reid and Julie Miller, have engaged architecture firm, Rehkamp Larson
Architects, to develop Designs/Plans of a single family residence to be presented to the
Stillwater HPC/DRC and will be consistent with guidelines in the Stillwater Conservation
District Design Guidelines. The home will comply with all zoning requirements. Current
expectations are that the design of the new structure will strongly follow Italianate architecture.
See packet of 11x17 support materials
Question 8
A description of alternatives to the demolition.
Reply to Question 8
Current owners, Reid and Julie Miller, in coordination with their architects from Rehkamp
Larson Architects have reviewed options to keep/re-use elements of the existing structure.
Given the artifacts provided in Question 5 (above) it was deemed illogical to use the existing
structure.
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BROADWAY STREET SOUTHPID#2803020440059CONTACT:Reid T MillerMobile: 1-612-747-5474remiller@deloitte.comUNDERGROUND UTILITIES NOTES:THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELDSURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NOGUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCHUTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYORFURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWNARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THATTHEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATIONAVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUNDUTILITIES. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST.COUNTY/CITY:REVISIONS:PROJECT LOCATION:DATEREVISION615CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:BROADWAY STREET SOUTHCITY OF STILLWATERWASHINGTONCOUNTY11-22-18INITIAL ISSUECERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________615BROADWAY ST. S.0NORTH1530ZZ18521SURVZZ521CERTIFICATE OFSURVEYLAND SURVEYING, INC.CORNERSTONEPROJECT NO.FILE NAME11-22-18LEGENDUNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONTOURSFOUND MONUMENT 1/2" IPMARKED RLS 15480SET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGSPOT ELEVATIONTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREEAREA:TOTAL AREA AS SHOWN = 19,289 SQ.FT.DENOTES EXISTINGACCESS CONTROL ASSHOWN ON RECORDPLATBUILDING LINEBITUMINOUS SURFACECONCRETE SURFACEHOUSE = 1,748DECKS/PERGOLA/MISC = 498CONCRETE/PAVERS = 4,095POOL = 335WALLS = 785TOTAL = 7,461 SQ.FT.38.7% OF TOTAL AREAEXISTING IMPROVEMENT AREAS:(IN SQUARE FEET)Suite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.net1. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THEWASHINGTON COUNTY SURVEYORS OFFICE. (NAD 83)2. UNDERGROUND UTILITIES NOT SHOWN.3. ELEVATIONS SHOWN ARE NAVD 88.4. NO EASEMENT DOCUMENTS WERE PROVIDED TO US FORREVIEW AND/OR TO SHOW ON SURVEY. EASEMENTS MAYEXIST THAT ARE NOT SHOWN ON THIS SURVEY.SURVEY NOTES:(AS SHOWN ON TITLE RESOURCES TITLE COMMITMENT NO.1297695, DATED OCTOBER 18, 2018)The Northerly one-half of Lot 15, all of Lot 16, Block 42,Original Town (now City) of Stillwater, excepting from saidlots the Easterly 35 feet thereof, Washington County,Minnesota.ANDThe West One Hundred Four (W 104) feet of Lot Eleven (11),and the West One Hundred Four (W 104) of the NorthOne-half (N 1/2) of Lot Twelve (12), Block Forty-two, OriginalTown (now City) of Stillwater, Washington County, Minnesota.ANDThe East Thirty-five (35) feet of Lot Sixteen (16) and the EastThirty-five (35) feet of the North One-half (N 1/2) of LotFifteen (15), Block Forty-two (42), Original Town (now City)of Stillwater, Washington County, Minnesota.THE PERFECTED PLAT OF STILLWATER BY MYRON SHEPARDAPPROVED FEB. 20, 1887, RECORDED MARCH 19TH 1981 ASDOCUMENT NO. 416049 WAS USED TO CONTROL THEBOUNDARIES AS SHOWN ON THIS CERTIFICATE OF SURVEY.STILLWATER SECTIONAL MAPS DATED 1906 AND 1960 WERERELIED UPON FOR OTHER MATERS OF RECORD.
615 Broadway Street South | Existing House ImagesFRONT (WEST)FRONT & SIDE (WEST/ SOUTH)
SIDE (SOUTH)
615 Broadway Street South | Existing House ImagesREAR (EAST)
SIDE (SOUTH)
SIDE (NORTH)
615 Broadway Street South | Neighborhood ContextHouse to Left
House to Right
WEBER HOME INSPECTION SERVICES
RESIDENTIAL REPORT
615 Broadway St S
STILLWATER MN 55082
Reid and Julie Miller
OCTOBER 17, 2018
Inspector
Michael Marosok
6127417420
weberhomeinspectionservices@gmail.com
Agent
Anne Anderson
651-428-6529
anneanderson@edinarealty.com
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Table of Contents
Table of Contents
SUMMARY
1: INSPECTION DETAILS
2: ROOF
3: EXTERIOR
4: BASEMENT, FOUNDATION, CRAWLSPACE & STRUCTURE
5: HEATING
6: COOLING
7: PLUMBING
8: ELECTRICAL
9: FIREPLACE
10: ATTIC, INSULATION & VENTILATION
11: DOORS, WINDOWS & INTERIOR
12: GARAGE
13: BUILT-IN APPLIANCES
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2.1.1 Roof - Coverings: Tree branches
2.3.1 Roof - Flashings: Incomplete Installation
2.4.1 Roof - Skylights, Chimneys & Other Roof Penetrations: Chimney rain hats
3.1.1 Exterior - Siding, Flashing & Trim: Evidence of Water Intrusion
3.1.2 Exterior - Siding, Flashing & Trim: Flashing/Trim Improperly Installed
3.1.3 Exterior - Siding, Flashing & Trim: Damaged Siding
3.1.4 Exterior - Siding, Flashing & Trim: Loose Siding
3.1.5 Exterior - Siding, Flashing & Trim: Caulking
3.1.6 Exterior - Siding, Flashing & Trim: Paint
3.1.7 Exterior - Siding, Flashing & Trim: Vegetation
3.1.8 Exterior - Siding, Flashing & Trim: Trim Missing
3.3.1 Exterior - Walkways, Patios & Driveways: Driveway Trip Hazard
3.4.1 Exterior - Decks, Balconies, Porches & Steps: Deck - Rotted Boards
3.4.2 Exterior - Decks, Balconies, Porches & Steps: Railing Openings
3.4.3 Exterior - Decks, Balconies, Porches & Steps: Deck rail construction
3.4.4 Exterior - Decks, Balconies, Porches & Steps: Masonry stair deterioration
3.4.5 Exterior - Decks, Balconies, Porches & Steps: Localized damage
3.4.6 Exterior - Decks, Balconies, Porches & Steps: Stairway Handrails
3.4.7 Exterior - Decks, Balconies, Porches & Steps: Improper Footings
3.4.8 Exterior - Decks, Balconies, Porches & Steps: Porch Structure
3.4.9 Exterior - Decks, Balconies, Porches & Steps: Perforations
3.4.10 Exterior - Decks, Balconies, Porches & Steps: Improper Joist Bearing
3.6.1 Exterior - Vegetation, Grading, Drainage & Retaining Walls: Retaining wall deterioration and movement
3.7.1 Exterior - Windows: Glazing Putty
3.7.2 Exterior - Windows: Missing Screens
3.7.3 Exterior - Windows: Cracked or broken Windows
3.7.4 Exterior - Windows: Paint
3.7.5 Exterior - Windows: Sill Rot
4.1.1 Basement, Foundation, Crawlspace & Structure - Foundation: Foundation Cracks - Minor
4.1.2 Basement, Foundation, Crawlspace & Structure - Foundation: Mortar deterioration
4.1.3 Basement, Foundation, Crawlspace & Structure - Foundation: Rebuilding Needed
4.2.1 Basement, Foundation, Crawlspace & Structure - Basements & Crawlspaces: Typical moisture
4.3.1 Basement, Foundation, Crawlspace & Structure - Floor Structure: Typical cracking
4.3.2 Basement, Foundation, Crawlspace & Structure - Floor Structure: Sills Near Grade Level
4.3.3 Basement, Foundation, Crawlspace & Structure - Floor Structure: Improper Support Posts
5.1.1 Heating - Equipment: Low flow
5.3.1 Heating - Distribution Systems: Ducts Not Sealed
SUMMARY
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5.3.2 Heating - Distribution Systems: Return Vent at Furnace
6.1.1 Cooling - Cooling Equipment: Older Unit
6.3.1 Cooling - Distribution System: Ducts Sealed
7.2.1 Plumbing - Drain, Waste, & Vent Systems: Improper Plumbing
8.1.1 Electrical - Service Entrance Conductors: Tree branches
8.2.1 Electrical - Main & Subpanels, Service & Grounding, Main Overcurrent Device: Marginal Electrical
Service
8.3.1 Electrical - Branch Wiring Circuits, Breakers & Fuses: Abandoned Wiring
8.3.2 Electrical - Branch Wiring Circuits, Breakers & Fuses: Loose Wiring
8.3.3 Electrical - Branch Wiring Circuits, Breakers & Fuses: Wiring Exposed on Surfaces
8.4.1 Electrical - Lighting Fixtures, Switches & Receptacles: Cover Plates Missing
9.4.1 Fireplace - Cleanout Doors & Frames: Inadequate Clearance
10.1.1 Attic, Insulation & Ventilation - Attic Insulation: Attic access
11.1.1 Doors, Windows & Interior - Doors: Door Sticks
11.5.1 Doors, Windows & Interior - Ceilings: Stain(s) on Ceiling
11.6.1 Doors, Windows & Interior - Steps, Stairways & Railings: Baluster Spaces Too Wide
11.6.2 Doors, Windows & Interior - Steps, Stairways & Railings: No Handrail
11.6.3 Doors, Windows & Interior - Steps, Stairways & Railings: Missing railing
11.6.4 Doors, Windows & Interior - Steps, Stairways & Railings: Stairway configuration
11.6.5 Doors, Windows & Interior - Steps, Stairways & Railings: Steep stairs
11.6.6 Doors, Windows & Interior - Steps, Stairways & Railings: Head Clearance
11.8.1 Doors, Windows & Interior - Bathrooms: Loose Toilet
12.2.1 Garage - Floor: Typical cracking
12.3.1 Garage - Walls & Firewalls: Fire Barrier
12.5.1 Garage - Garage Door Opener: Auto Reverse Sensor Not Working
12.6.1 Garage - Occupant Door (From garage to inside of home): Door Does Not Meet Separation
Requirements
12.6.2 Garage - Occupant Door (From garage to inside of home): Not Self-closing
13.3.1 Built-in Appliances - Range/Oven/Cooktop: Missing Control Knobs
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General: In Attendance
Client
General: Occupancy
Furnished, Occupied, Utilities on
General: Style
Two story
General: Temperature
(approximate)
45 Fahrenheit (F)
General: Type of Building
Single Family
General: Weather Conditions
Clear, Dry
1: INSPECTION DETAILS
Information
Limitations
General
ALL COMPONENTS DESIGNATED FOR INSPECTION IN THE ASHI STANDARDS OFPRACTICE ARE INSPECTED, EXCEPT AS MAY BE NOTED IN THE "LIMITATIONS OFINSPECTION" SECTIONS WITHIN THIS REPORT. THIS REPORT IS NOT AN ASSESSMENTOF ANY ENVIRONMENTAL CONCERN INCLUDING A MOLD, MILDEW, LEAD, ASBESTOS,WATER QUALITY, SEPTIC, POOLS OR RADON. ENVIRONMENTAL TESTING REQUIRESLABORATORY ANALYSIS BEYOND THE SCOPE OF THIS INSPECTION ANY WATERINTRUSION INTO THE HOME CAN LEAD TO MOLD AND MILDEW. SINCE THERE IS NOSUCH THING AS A COMPLETELY DRY BASEMENT, IT IS COMMON TO FIND MOLD ORMILDEW IN SOME FORM IN THIS AREA, USUALLY CONCEALED BEHIND WALL BOARDFINISHES. ANYONE CONCERNED ABOUT MOLD OR MILDEW SHOULD SEEK ANASSESSMENT FOR THESE CONDITIONS FROM A QUALIFIED PROFESSIONAL. THISINSPECTION IS NOT AN ASSESSMENT OF SUB-SURFACE MOISTURE. THIS INSPECTIONIS VISUAL ONLY. A REPRESENTATIVE SAMPLE OF BUILDING COMPONENTS ARE VIEWEDIN AREAS THAT ARE ACCESSIBLE AT THE TIME OF THE INSPECTION. NO DESTRUCTIVETESTING OR DISMANTLING OF BUILDING COMPONENTS IS PERFORMED. IT IS THEGOAL OF THE INSPECTION TO PUT A HOME BUYER IN A BETTER POSITION TO MAKE ABUYING DECISION. NOT ALL IMPROVEMENTS WILL ALWAYS BE IDENTIFIED DURINGTHIS INSPECTION. UNEXPECTED REPAIRS SHOULD STILL BE ANTICIPATED. THEINSPECTION SHOULD NOT BE CONSIDERED A GUARANTEE OR WARRANTY OF ANYKIND. THE INSPECTOR IS NOT RESPONSIBLE FOR PAST PRESENT OR FUTURE DEFECTSOR DAMAGE OR INJURY ASSOCIATE WITH DEFECTS. PLEASE REFER TO THE MESSAGETO THE CUSTOMER OR PRE-INSPECTION AGREEMENT AND ASHI STANDARDS OFPRACTICE FOR A FULL EXPLANATION OF THE SCOPE OF THE INSPECTION.
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Inspection Method
Ladder, Roof
Roof Type/Style
Gable, Flat
Coverings: Material
Asphalt, Single ply membrance
Coverings: Life expectancy
15 or more Years
Roof Drainage Systems: Gutter
Material
Aluminum
Roof Drainage Systems: Gutter
Discharge
Above Grade
Flashings: Material
Aluminum, Galvanized Steel
Skylights, Chimneys & Other
Roof Penetrations: Chimneys
Masonry
2: ROOF
IN NI NP
2.1 Coverings X
2.2 Roof Drainage Systems X
2.3 Flashings X
2.4 Skylights, Chimneys & Other Roof Penetrations X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Coverings
DECK OR PORCH OVER ROOF
Inspection of the flat roof is obstructed by the deck or porch and cannot be inspected or evaluated.
2.1.1 Coverings
TREE BRANCHES
AT THE NORTH WEST
Tree branches in close proximity to the roof may cause physical
damage to the roofing and should be removed.
Recommendation
Contact a qualified professional.
Recommendation
2.3.1 Flashings
INCOMPLETE INSTALLATION
AT THE SOUTH SIDE PORCH COVER
Flashing details are either poorly or incompletely installed. Leakage
Recommendation
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Flashing details are either poorly or incompletely installed. Leakage
may occur. Repairs should be undertaken as necessary. If leakage
occurs, patching can be attempted, otherwise, replacement is
necessary.
Recommendation
Contact a qualified professional.
2.4.1 Skylights, Chimneys & Other Roof Penetrations
CHIMNEY RAIN HATS
OVER THE MASONRY CHIMNEY
Rain hats and vermin screens are recommended on the masonry chimneys to prevent water and moisture
intrusion.
Maintenance Item
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Inspection Method
Visual
Siding, Flashing & Trim: Siding
Material
Vinyl
Siding, Flashing & Trim: Siding
Style
Shiplap
Exterior Doors: Exterior Entry
Door
Wood, Metal
Walkways, Patios & Driveways:
Driveway Material
Concrete, Pavers
Walkways, Patios & Driveways:
Walkways
Concrete
Decks, Balconies, Porches &
Steps: Steps, Porches, and Decks
Covered Porch, Deck
Decks, Balconies, Porches &
Steps: Material
Wood
Eaves, Soffits & Fascia: Soffit
and Facia materials
Metal
Vegetation, Grading, Drainage &
Retaining Walls: Exterior
Level Grade, Graded away from
house
Vegetation, Grading, Drainage &
Retaining Walls: Retaining walls
Unit masonry, Stone
Windows: Windows
Vinyl, Wood
3: EXTERIOR
IN NI NP
3.1 Siding, Flashing & Trim X
3.2 Exterior Doors X
3.3 Walkways, Patios & Driveways X
3.4 Decks, Balconies, Porches & Steps X
3.5 Eaves, Soffits & Fascia X
3.6 Vegetation, Grading, Drainage & Retaining Walls X
3.7 Windows X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Decks, Balconies, Porches & Steps
RESTRICTED ACCESS
AT THE FRONT AND REAR
Inspection below the deck or porch was either restricted or there was no access.
Vegetation, Grading, Drainage & Retaining Walls
OBSCURED VIEWING
Vegetation or storage obstructed viewing and inspection.
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3.1.1 Siding, Flashing & Trim
EVIDENCE OF WATER INTRUSION
AT THE SOUTH SIDE OF THE EAST GARAGE STALL
Siding showed signs of water intrusion. This could lead to further
siding deterioration, mold or structural damage. The siding should be
removed and any concealed damage repaired as necessary.
Recommendation
3.1.2 Siding, Flashing & Trim
FLASHING/TRIM IMPROPERLYINSTALLED
AT THE SOUTH SIDE PORCH
Flashing & trim pieces were improperly installed, which could result
in moisture intrusion and damaging leaks. Repairs should be
undertaken as necessary.
Recommendation
3.1.3 Siding, Flashing & Trim
DAMAGED SIDING
AT THE NORTH EAST CORNER
Damage to the siding should be repaired or sealed as necessary to prevent water intrusion and damage.
Recommendation
3.1.4 Siding, Flashing & Trim
LOOSE SIDING
AT THE SOUTH SIDE
Recommendation
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Loose siding should be resecured as necessary to protect the underlying structure from weather and pest
damage.
3.1.5 Siding, Flashing & Trim
CAULKING
AT THE MECHANICAL VENTS ON THE NORTH SIDE
Any openings, gaps or connection points in the siding should be
caulked or sealed against moisture or insects.
Recommendation
3.1.6 Siding, Flashing & Trim
PAINT
AT THE FRONT PORCH
Areas that show signs of peeling paint should be cleaned, primed and painted to preserve the exterior.
Maintenance Item
3.1.7 Siding, Flashing & Trim
VEGETATION
Vegetation should be trimmed back from the exterior of the house.
Maintenance Item
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3.1.8 Siding, Flashing & Trim
TRIM MISSING
ABOVE THE GARAGE DOOR AND BELOW THE SIDING AT THE GARAGE, AND AT THE SOUTH SIDE BAY WINDOW
Damaged, missing or improperly trimmed details should be repaired or replaced.
Maintenance Item
3.3.1 Walkways, Patios & Driveways
DRIVEWAY TRIP HAZARD
AT THE TOP OF THE HILL
The settled and uneven driveway represents a potential trip hazard.
Leveling or repairs should be undertaken as necessary.
Maintenance Item
3.4.1 Decks, Balconies, Porches & Steps
DECK - ROTTED BOARDS
AT THE SOUTH SIDE
One or more deck boards are showing signs of rot. Repairs will extend the useful life of the deck and
prevent the spread of rot. Repairs should be undertaken as necessary.
Recommendation
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3.4.2 Decks, Balconies, Porches & Steps
RAILING OPENINGS
AT THE DECKS
There is an unsafe opening in the railing. The spacing on the rail
should not exceed 4". An opening greater than 4" is a serious safety
hazard especially for children as their head or other body part can
become trapped. These standards change over time.
Maintenance Item
3.4.3 Decks, Balconies, Porches & Steps
DECK RAIL CONSTRUCTION
The deck rails do not conform to recommendations for horizontal
loading. The can fail under heavy loads. For safety, they should be
improved or rebuilt as necessary.
Recommendation
Contact a qualified professional.
Maintenance Item
3.4.4 Decks, Balconies, Porches & Steps
MASONRY STAIR DETERIORATION
AT THE FRONT YARD
The concrete stairs show signs of spalling or deterioration. If the
stairs become a trip hazard, they should be replaced. In some cases
patching can extend the useful life of the stairs.
Maintenance Item
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3.4.5 Decks, Balconies, Porches & Steps
LOCALIZED DAMAGE
AT THE SOUTH WEST
There is typical aging, rot and deterioration of the deck/porch.
Repairs will extend the useful life of the structure.
Recommendation
3.4.6 Decks, Balconies, Porches & Steps
STAIRWAY HANDRAILS
AT THE FRONT YARD
Handrails are recommended at all stairways with over 4 step rises.
Maintenance Item
3.4.7 Decks, Balconies, Porches & Steps
IMPROPER FOOTINGS
AT THE EAST SIDE DECK
Deck posts appear to be improperly founded. This is usually
indicative of non-professional practices. Improvements should be
undertaken with any sign of movement.
Maintenance Item
3.4.8 Decks, Balconies, Porches & Steps
PORCH STRUCTURE
The trusses used in the construction of the rear porch and pergola are home-made. They are improperly
Recommendation
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The trusses used in the construction of the rear porch and pergola are home-made. They are improperly
constructed using screws of an insufficient number at the gusset plate connections. Gusset plates are
exposed to exterior weathering and may be prone to failure. Horizontal collar ties at the pergola are over
spanned and improperly jointed. It would be wise to inquire with the city into permits, inspections and
design approval. Repairs should be taken as necessary.
Recommendation
Contact a qualified professional.
3.4.9 Decks, Balconies, Porches & Steps
PERFORATIONS
AT THE SOUTH SIDE
Abandoned joists and construction members penetrating the wall on the south side should be sealed
against water intrusion.
Recommendation
Contact a qualified professional.
Recommendation
3.4.10 Decks, Balconies, Porches & Steps
IMPROPER JOIST BEARING
AT THE SOUTH SIDE
Joists are improperly embedded into the foundation at the south
Recommendation
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Joists are improperly embedded into the foundation at the south
side. The can lead to rot and deterioration of the concrete. They
should be removed from the block, resupported, and missing or
damaged block replaced.
Recommendation
Contact a qualified professional.
3.6.1 Vegetation, Grading, Drainage & Retaining Walls
RETAINING WALL DETERIORATION AND MOVEMENT
ALONG THE FRONT YARD
There is spalling orsurface deterioration, and movement of the retaining walls related to age. This is the
result of natural forces including the freeze thaw cycle and moisture. Although there is no immediate need
for improvement, this condition should be monitored over time.
Maintenance Item
3.7.1 Windows
GLAZING PUTTY
AT THE LOWER NORTH SIDE
Deteriorated glazing putty or glazing stops should be repaired.
Recommendation
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3.7.2 Windows
MISSING SCREENS
AT THE LOWER NORTH AND LOWER SOUTH SIDES, AT IN THE TOWER
Screens are missing. It would be wise to inquire as to any screens that may be in storage. Otherwise,
screens should be replaced as necessary.
Recommendation
3.7.3 Windows
CRACKED OR BROKEN WINDOWS
AT THE LOWER NORTH SIDE AND THE NORTH BASEMENT
Cracked or broken windows should be repaired or replaced.
Recommendation
Contact a qualified professional.
Recommendation
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3.7.4 Windows
PAINT
AT THE SOUTH SIDE
Windows should be painted and caulked.
Recommendation
3.7.5 Windows
SILL ROT
AT THE LOWER SOUTH SIDE AND THE KITCHEN
There is significant rot in the window sill. Repairs or replacement will inevitably be necessary.
Recommendation
Contact a qualified professional.
Recommendation
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Inspection Method
Visual
Basement configuration
Basement
Foundation: Material
Masonry Block, Stone
Floor Structure:
Basement/Crawlspace Floor
Concrete
Floor Structure: Floor structure
Wood Beams, Wooden joists,
Wooden support posts
Floor Structure: Sub-floor
OSB, Plank
Floor Structure: Crawlspace
No Crawlspace
Wall Structure: Wall Structure
Wood Frame
Ceiling Structure: Attic Structure
Ceiling Joists, Rafters
4: BASEMENT, FOUNDATION, CRAWLSPACE &
STRUCTURE
IN NI NP
4.1 Foundation X
4.2 Basements & Crawlspaces X
4.3 Floor Structure X
4.4 Wall Structure X
4.5 Ceiling Structure X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Floor Structure
STORAGE
Storage restricted access and viewing of components.
Floor Structure
CONCEALED COMPONENTS
Components concealed by finishes cannot be fully examined, evaluated, or inspected.
Wall Structure
CONCEALED STRUCTURE
Concealed structural members cannot be fully inspected or evaluated.
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4.1.1 Foundation
FOUNDATION CRACKS - MINOR
AT THE FRONT PORCH
Moderate cracking and movement was noted at the foundation. This
is common with age and construction practice. Recommend
monitoring over time.
Here is an informational article on foundation cracks.
Maintenance Item
4.1.2 Foundation
MORTAR DETERIORATION
ALONG THE NORTH SIDE
Deteriorated mortar should be repaired or replaced to preserve the foundation.
Recommendation
Contact a qualified professional.
Recommendation
4.1.3 Foundation
REBUILDING NEEDED
AT THE CORNER ON THE NORTH EAST HOUSE
Rebuilding of foundation wall components is required to maintain the
integrity and stability of the building.
Recommendation
Contact a qualified professional.
Recommendation
4.2.1 Basements & Crawlspaces
TYPICAL MOISTURE
There is evidence of typical moisture in the walls and floors of the basement not indicative of a chronic
Maintenance Item
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Weber Home Inspection Services Page 19 of 43
There is evidence of typical moisture in the walls and floors of the basement not indicative of a chronic
problem. The fact is that all basements can leak given the right conditions because they are below ground
level. It is impossible to determine accurately the frequency of leakage occurrence during a one-time home
inspection. The majority of basement leakage is related to improper drainage, poor landscaping, improper
soil slope away from the house, downspouts discharging near the house or a failing or inadequate sump
pump or drain tile system. In the even leakage occurs, landscaping and drainage improvements are
recommended as a first resort. In severe or chronic cases, excavating, damp-proofing and/or the
installation of drain tiles are required. In the event leakage occurs, landscaping and drainage
improvements should be undertaken as a first course. Be wary of contractors who recommend expensive
solutions as a first course of action.
Recommendation
Recommend monitoring.
4.3.1 Floor Structure
TYPICAL CRACKING
There is typical cracking in the concrete floor of the basement. This cracking is the result of settling and
shrinkage of the slap, is not a structural component, and does not represent a significant concern.
Maintenance Item
4.3.2 Floor Structure
SILLS NEAR GRADE LEVEL
The sills of the structure at the lower south side are near grade level.
This is a common condition in older homes that should be carefully
monitored over time to ensure against rot and decay.
Recommendation
Contact a qualified professional.
Maintenance Item
4.3.3 Floor Structure
IMPROPER SUPPORT POSTS
Support posts are not approved for permanent use. They should be replaced with posts approved for this
use.
Recommendation
Contact a qualified professional.
Recommendation
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Furnace Age
6+- Years
Furnace normal Life Span
16-20+- Years
Heating Zones
3 Zones
Boiler Age
14+- Years
Capacity
140000+- BTUs
Boiler Life Span
16-20+- Years
Equipment: Brand
Carrier
Equipment: Energy Source
Gas
Equipment: Heat Type
Forced Air, Hot Water Radiant
Equipment: Accessories
None
Distribution Systems:
Distribution
Non-insulated, Radiant piping
AFUE Rating
92+
AFUE (Annual fuel utilization efficiency) is a metric used to measure furnace efficiency in converting fuel toenergy. A higher AFUE rating means greater energy efficiency. 90% or higher meets the Department of Energy'sEnergy Star program standard.
5: HEATING
IN NI NP
5.1 Equipment X
5.2 Normal Operating Controls X
5.3 Distribution Systems X
5.4 Presence of Installed Heat Source in Each Room X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Equipment
INACCESSIBLE
This area was obstructed and inaccessible. If you are interested in having this area inspected, please
contact me about a follow-up inspection.
Equipment
CONCEALED DUCTING
Ducting, piping and components behind finishes cannot be fully inspected or evaluated.
Normal Operating Controls
ADEQUACY
Without doing a total heat loss or gain calculation, it is impossible to determine outside of general rules,
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Observations
Without doing a total heat loss or gain calculation, it is impossible to determine outside of general rules,
the adequacy of the the heating system.
Distribution Systems
ADEQUACY OF DISTRIBUTION
Adequacy of distribution cannot be determined during one visit to the home.
Presence of Installed Heat Source in Each Room
ADEQUACY OF DISTRIBUTION
It is difficult to determine the adequacy of heat distribution on a one-time trip to the home. Except as
otherwise noted, a heat source has been provided to each significant space of the home.
Presence of Installed Heat Source in Each Room
MECHANICAL COMPONENTS FAIL
Furnaces, like all mechanical components can break down or fail without notice.
5.1.1 Equipment
LOW FLOW
AT THE CENTER AND SOUTH GARAGE FLOOR
Low flow to areas of the house should be further evaluated by a
qualified professional.
Recommendation
Contact a qualified heating and cooling contractor
Recommendation
5.3.1 Distribution Systems
DUCTS NOT SEALED
Sealing the joints and connections in distribution ducting will improve the efficiency and effectiveness of
the distribution system.
Maintenance Item
5.3.2 Distribution Systems
RETURN VENT AT FURNACE
A return vent is located close to the furnace. This is improper
Recommendation
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A return vent is located close to the furnace. This is improper
practice that can lead to back drafting of the furnace. The return
should be relocated.
Recommendation
Contact a qualified professional.
615 Broadway St S Reid and Julie Miller
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Cooling Equipment: Brand
Carrier
Cooling Equipment: Energy
Source/Type
Electric, Central Air Conditioner
Cooling Equipment: Location
Exterior North
Cooling Equipment: AC Size
3 Ton
Cooling Equipment: AC Size
36000 BTU
Cooling Equipment: AC Age
17+- Years
Distribution System:
Configuration
Central
Cooling Equipment: SEER Rating
Unknown SEER
Modern standards call for at least 13 SEER rating for new install.
Read more on energy efficient air conditioning at Energy.gov.
6: COOLING
IN NI NP
6.1 Cooling Equipment X
6.2 Normal Operating Controls X
6.3 Distribution System X
6.4 Presence of Installed Cooling Source in Each Room X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Cooling Equipment
LOW TEMPERATURE
The A/C unit was not tested due to low outdoor temperature. This may cause damage the unit. A/C
condenser coils cannot be fully examined or operated below 60 degrees Fahrenheit.
6.1.1 Cooling Equipment
OLDER UNIT
The air conditioning condenser is an older unit. Over time,
breakdowns and performance issues should be anticipated.
Maintenance Item
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6.3.1 Distribution System
DUCTS SEALED
Sealing the connections and joints in the accessible ducting in the basement is not critical, but will improve
the efficiency and distribution of the system.
Maintenance Item
615 Broadway St S Reid and Julie Miller
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Filters
None
Water Source
Public
Main Water Shut-off Device:
Location
Basement
Main Water Shut-off Device:
Main Water Line
Copper
Drain, Waste, & Vent Systems:
Drain Size
1 1/2"
Drain, Waste, & Vent Systems:
Material
PVC
Drain, Waste, & Vent Systems:
Cleanout Location
Basement
Water Supply, Distribution
Systems & Fixtures: Distribution
Material
Copper
Water Supply, Distribution
Systems & Fixtures: Water
Supply Material
Copper
Water Supply, Distribution
Systems & Fixtures: Exterior
Hose Bib Shut-offs
Basement
Water Supply, Distribution
Systems & Fixtures: Main Water
Shut-off
Basement
Hot Water Systems, Controls,
Flues & Vents: Capacity
50 gallons
Hot Water Systems, Controls,
Flues & Vents: Location
Basement
Hot Water Systems, Controls,
Flues & Vents: Power
Source/Type
Gas
Hot Water Systems, Controls,
Flues & Vents: Water Heater Age
14+- Years
Hot Water Systems, Controls,
Flues & Vents: Water Heater
Type
Tank, Basement
Fuel Storage & Distribution
Systems: Main Gas Shut-off
Location
Basement
Sump Pump: Location
Basement
Hot Water Systems, Controls, Flues & Vents: Manufacturer
Not Identified
I recommend flushing & servicing your water heater tank annually for optimal performance. Water temperatureshould be set to at least 120 degrees F to kill microbes and no higher than 130 degrees F to prevent scalding.
Here is a nice maintenance guide from Lowe's to help.
7: PLUMBING
IN NI NP
7.1 Main Water Shut-off Device X
7.2 Drain, Waste, & Vent Systems X
7.3 Water Supply, Distribution Systems & Fixtures X
7.4 Hot Water Systems, Controls, Flues & Vents X
7.5 Fuel Storage & Distribution Systems X
7.6 Sump Pump X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
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Observations
Water Supply, Distribution Systems & Fixtures
CONCEALED PLUMBING
Plumbing concealed from view or behind wall or ceiling finishes cannot be fully examined or inspected.
Sump Pump
SUMP PUMP
A sump pump can be critical to preventing basement leakage or flooding. If the sump pump runs regularly,
or during heavy rain or spring run-off, it may be wise to install a back up system in the event of a pump
failure or power outage.. There are several options of backing up the sump pump.
7.2.1 Drain, Waste, & Vent Systems
IMPROPER PLUMBING
In the floor of the basement there is a very unusual configuration of drains and basin containers. It is
constructed of makeshift materials and in a makeshift method. It was impossible to determine the
purpose of this configuration. This entire construct should be reviewed by a qualified plumber to repair as
necessary.
Recommendation
Contact a qualified professional.
Recommendation
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Service Entrance Conductors:
Electrical Service Conductors
Overhead, Aluminum
Main & Subpanels, Service &
Grounding, Main Overcurrent
Device: Main Panel Location
Basement
Main & Subpanels, Service &
Grounding, Main Overcurrent
Device: Panel Capacity
100 AMP
Main & Subpanels, Service &
Grounding, Main Overcurrent
Device: Panel Manufacturer
Not Identified
Main & Subpanels, Service &
Grounding, Main Overcurrent
Device: Panel Type
Circuit Breaker
Main & Subpanels, Service &
Grounding, Main Overcurrent
Device: Sub Panel Location
Basement, Exterior
Main & Subpanels, Service &
Grounding, Main Overcurrent
Device: Grounding
Water Pipe Connection, Copper
Branch Wiring Circuits, Breakers
& Fuses: Branch Wire 15 and 20
AMP
Copper, Aluminum 220 only
Branch Wiring Circuits, Breakers
& Fuses: Wiring Method
Romex
GFCI & AFCI: GFCI Location
Exterior, Bathrooms, Kitchen,
Garage
Smoke Detectors: Smoke
detector location
Inside Bedrooms, Outside
Bedrooms
Carbon Monoxide Detectors: CO
detector location
Outside Bedrooms
8: ELECTRICAL
IN NI NP
8.1 Service Entrance Conductors X
8.2 Main & Subpanels, Service & Grounding, Main Overcurrent Device X
8.3 Branch Wiring Circuits, Breakers & Fuses X
8.4 Lighting Fixtures, Switches & Receptacles X
8.5 GFCI & AFCI X
8.6 Smoke Detectors X
8.7 Carbon Monoxide Detectors X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Service Entrance Conductors
CONCEALED ELECTRICAL COMPONENTS CANNOT BE FULLY INSPECTED.
Main & Subpanels, Service & Grounding, Main Overcurrent Device
HIDDEN WIRING
Wiring concealed by finishes cannot be fully examined.
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Observations
Branch Wiring Circuits, Breakers & Fuses
STORAGE
Excess storage or cars restricted inspection.
Lighting Fixtures, Switches & Receptacles
ACCESSIBLE RECEPTACLES AND SWITCHES
When present, furniture and storage can limit access to receptacles and switches.
GFCI & AFCI
CONCEALED COMPONENTS
Electrical components concealed from view cannot be completely inspected or evaluated.
8.1.1 Service Entrance Conductors
TREE BRANCHES
For safety, tree branches and vegetation should be removed from the
entrance wires by a qualified professional.
Recommendation
Contact a qualified professional.
Maintenance Item
8.2.1 Main & Subpanels, Service & Grounding,
Main Overcurrent Device
MARGINAL ELECTRICAL SERVICE
The size of the electrical service supplied to the home may not be
sufficient, depending on the lifestyle of the occupants. A marginally
sized electrical service is not a safety concern, but may represent and
inconvenience if the main fuses (or breakers) blow, shutting down the
power in all or part of the home. If it is found that the main fuses (or
breakers) blow regularly, a larger electrical service may be desirable.
If care is taken not to run major electrical appliances simultaneously,
it is unlikely that the service will overload. The addition of gas fired
appliances will also reduce the load on the electrical service.
Maintenance Item
615 Broadway St S Reid and Julie Miller
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8.3.1 Branch Wiring Circuits, Breakers & Fuses
ABANDONED WIRING
IN THE EAST BASEMENT CEILING
Abandoned wiring should be removed, placed into service or
properly terminated in a box.
Recommendation
Contact a qualified professional.
Recommendation
8.3.2 Branch Wiring Circuits, Breakers & Fuses
LOOSE WIRING
AT THE WEST BASEMENT
Loose wiring should be properly secured.
Recommendation
Contact a qualified professional.
Recommendation
8.3.3 Branch Wiring Circuits, Breakers & Fuses
WIRING EXPOSED ON SURFACES
AT THE SOUTH SIDE PORCH LIGHT
Wiring exposed on interior finishes should be relocated or protected
by a conduit.
Recommendation
Contact a qualified professional.
Recommendation
8.4.1 Lighting Fixtures, Switches & Receptacles
COVER PLATES MISSING
IN THE GARAGE, FRONT PORCH, AND IN THE ATTIC
One or more receptacles are missing a cover plate. This causes short and shock risk. Recommend
installation of plates.
Recommendation
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Firebox
Wood Stove
Type
Wood
Vents, Flues & Chimneys:
Material
Metal, Masonry
9: FIREPLACE
IN NI NP
9.1 Vents, Flues & Chimneys X
9.2 Lintels X
9.3 Damper Doors X
9.4 Cleanout Doors & Frames
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Vents, Flues & Chimneys
CONCEALED VENTING
Concealed flues or venting cannot be fully examined.
9.4.1 Cleanout Doors & Frames
INADEQUATE CLEARANCE
AT THE WOODSTOVE
Proper clearance to combustibles has not been maintained at the
wood burning appliance. A proper fire barrier should be installed.
Recommendation
Contact a qualified professional.
Recommendation
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Flooring Insulation
None
Attic Insulation: Insulation Type
Batt, Fiberglass, Loose-fill
Attic Insulation: Inches
12-16+- Inches
Ventilation: Ventilation Type
Soffit Vents, Box vents
Exhaust Systems: Exhaust Fans
Fan Only
Basement insulation: Basement
Insulation
None
Basement insulation:
Crawlspace Insulation
No Crawlspace
Basement insulation:
Crawlspace or Basement
Insulation
0 inches
10: ATTIC, INSULATION & VENTILATION
IN NI NP
10.1 Attic Insulation X
10.2 Vapor Retarders (Crawlspace or Basement)X
10.3 Ventilation X
10.4 Exhaust Systems X
10.5 Basement insulation X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Attic Insulation
CONCEALED INSULATION
Concealed insulation cannot be fully examined or evaluated.
Vapor Retarders (Crawlspace or Basement)
CONCEALED
Vapor barriers cannot be verified or concealed behind finished surfaces.
10.1.1 Attic Insulation
ATTIC ACCESS
Ideally, the attic access hatch should be better insulated.
Recommendation
Contact a qualified professional.
Recommendation
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Doors: Panel Windows: Window Manufacturer
Not Identified
Windows: Window Type
Casement, Double-hung, Single
Pane, Storm, Thermal
Floors: Floor Coverings
Carpet, Tile, Wood
Walls: Wall Material
Drywall, Plaster
Ceilings: Ceiling Material
Gypsum Board, Plaster
Countertops & Cabinets:
Cabinetry
Wood
Countertops & Cabinets:
Countertop Material
Laminate
Countertops & Cabinets:
Appliances
Range, Electric, Disposal,
Dishwasher
11: DOORS, WINDOWS & INTERIOR
IN NI NP
11.1 Doors X
11.2 Windows X
11.3 Floors X
11.4 Walls X
11.5 Ceilings X
11.6 Steps, Stairways & Railings X
11.7 Countertops & Cabinets X
11.8 Bathrooms X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Steps, Stairways & Railings
STORAGE AND FURNITURE
Storage and furniture restricted the inspection.
Countertops & Cabinets
APPLIANCES
Listed appliances are operated, but not fully inspected or evaluated.
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11.1.1 Doors
DOOR STICKS
AT THE BASEMENT
Door sticks and is tough to open. Recommend sanding down offending sides.
Here is a helpful DIY article on how to fix a sticking door.
Maintenance Item
11.5.1 Ceilings
STAIN(S) ON CEILING
IN THE DINING ROOM
There is a stain on ceiling/wall that requires repair and paint. Source
of staining should be determined.
Recommendation
11.6.1 Steps, Stairways & Railings
BALUSTER SPACES TOO WIDE
BETWEEN THE FAMILY ROOM AND THE KITCHEN
The baluster space is not up to modern safety standards. The space
between balusters should not be greater than 4 inches for child
safety. Recommend a qualified handyman or original installer repair
and bring up to code.
Recommendation
11.6.2 Steps, Stairways & Railings
NO HANDRAIL
IN THE BASEMENT
Continuous handrails are recommended at all stairways
Maintenance Item
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11.6.3 Steps, Stairways & Railings
MISSING RAILING
IN THE BASEMENT
For safety, railings are recommended at stairways.
Maintenance Item
11.6.4 Steps, Stairways & Railings
STAIRWAY CONFIGURATION
The configuration of the spiral and tower stairs is such that it is not safe and difficult to navigate. It may be
especially difficult during an emergency. Unfortunately, improvements can be costly and difficult.
Recommendation
Contact a qualified professional.
Recommendation
11.6.5 Steps, Stairways & Railings
STEEP STAIRS
The stairway is steeper than current standards dictate. This is a common condition in older homes. Use
caution when navigating the stairs.
Recommendation
Contact a qualified professional.
Maintenance Item
11.6.6 Steps, Stairways & Railings
HEAD CLEARANCE
Stairway head clearance is less than the 6'8" normally required for safety. Repair or improvement is often
not practical.
Maintenance Item
615 Broadway St S Reid and Julie Miller
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Recommendation
Contact a qualified professional.
11.8.1 Bathrooms
LOOSE TOILET
AT THE MAIN LEVEL TOILET
Loose toilets should be repaired to prevent leakage and floor
damage.
Recommendation
615 Broadway St S Reid and Julie Miller
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Floor: Floor
Concrete
Walls & Firewalls: Firewall
Material
Drywall
Garage Door: Material
Metal
Garage Door: Type
Sectional
Occupant Door (From garage to
inside of home): Passage Door
Solid Core, Hollow Core
12: GARAGE
IN NI NP
12.1 Ceiling X
12.2 Floor X
12.3 Walls & Firewalls X
12.4 Garage Door X
12.5 Garage Door Opener X
12.6 Occupant Door (From garage to inside of home)X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Ceiling
STORAGE
Storage and/or vehicles restricted inspection of the garage.
12.2.1 Floor
TYPICAL CRACKING
There is typical cracking in the garage slab related to settling, heaving, and/or installation methods. No
improvement is necessary at this time.
Recommendation
Recommend monitoring.
Recommendation
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12.3.1 Walls & Firewalls
FIRE BARRIER
The fire and gas barrier between the garage and the house is incomplete. Repair will protect the house
and contain the spread of fire or carbon monoxide to the house structure. Vents or openings should be
sealed.
Recommendation
Contact a qualified professional.
Recommendation
12.5.1 Garage Door Opener
AUTO REVERSE SENSOR NOT WORKING
The auto reverse sensor was not responding at time of inspection. This is a safety hazard to children and
pets. This can be as simple as adjusting the sensitivity control on the door.
Safety or Significant Defect
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12.6.1 Occupant Door (From garage to inside of home)
DOOR DOES NOT MEET SEPARATION REQUIREMENTS
Door separating garage and home does not meet safety standards. Doors in firewalls must be at least 1
3/8-inch thick, metal/steel, or a 20-minute fire-rated door.
Recommendation
12.6.2 Occupant Door (From garage to inside of home)
NOT SELF-CLOSING
Door from garage to home should have self-closing hinges to help prevent spread of a fire to living space.
These are often missing in older homes or removed in newer homes due to convenience.
DIY Resource Link.
Maintenance Item
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Laundry Appliances
Washing Machine, Dryer, Electric,
Washing Machine Standpipe
Discharge
Dishwasher: Brand
Not Identified
Refrigerator: Brand
Not Identified
Range/Oven/Cooktop: Exhaust
Hood Type
Re-circulate
Range/Oven/Cooktop:
Range/Oven Brand
Not Identified
Range/Oven/Cooktop:
Range/Oven Energy Source
Gas
Laundry Appliances: Dryer
Power Source
220 Electric
Laundry Appliances: Dryer Vent
Metal (Flex)
13: BUILT-IN APPLIANCES
IN NI NP
13.1 Dishwasher X
13.2 Refrigerator X
13.3 Range/Oven/Cooktop X
13.4 Garbage Disposal X
13.5 Laundry Appliances X
IN = Inspected NI = Not Inspected NP = Not Present
Information
Limitations
Observations
Dishwasher
OBSTRUCTED
This area was obstructed and inaccessible. If you are interested in having this area inspected, please
contact me about a follow-up inspection.
13.3.1 Range/Oven/Cooktop
MISSING CONTROL KNOBS
Range/Oven was missing control knobs. Recommend contacting
manufacturer for replacement parts.
Recommendation
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CITY OF STILLWATER ACHITECTURAL-HISTORY
INVENTORY FORM
Historic Name: House
Current Owner:
County: Washington
City/Township: Stillwater
Address: 615 South Broadway Street
Inventory No.: WA-SWC-024
PIN: 10694-3900
Review/Compliance No:
Township: T30N Range: R20W Section: SE SE 28
U.S.G.S. Quad Map: Stillwater, Minn-Wisc., 1967, photorevised 1980
U.T.M.: 15 515510 4988420
Architect/Contractor: Style: Homestead
Date Built: 1880, rem. 1987 (CA)
Photo Number(s): Roll: 012957 Frame(s): 2, 3, 4
Survey Name: Stillwater South Hill Survey
Form Prepared by: Thomas R. Zahn and Norene Roberts
Date Surveyed: February-June, 1996
Physical Description:
Significance:
615 South Broadway Street _is listed on the National Register of Historic Places
Date listed on the National Register:
~snot preliminarily eligible to the National Register of Historic Places
_is preliminarily eligible
Insufficient infonnation to make a determination.
This study is a preliminary detennination because it is only the second of the Stillwater neighborhoods to be
surveyed.
Statewide Historic Contexts: St. Croix Triangle Lumbering, 1843-1914; Early Agriculture and River
Settlement, 1840-1870.
Local Historic Contexts: Development of Residential Neighborhoods in Stillwater, 1850s-1940s.
CITY OF STILLWATER ACHITECTURAL-HISTORY Continuation Sheet, Page 2
Address: 615 South Broadway Street
Present Use: residential, single family
Zoning District:
Inventory No.: WA-SWC-024
Integrity: Excellent Condition: Excellent
_x_ Good
Fair
Poor
Stories: 1 1/2
Roof style/shape: front gabled
Structural System: wood frame
Windows: l-over-1
Foundation: stone
Wall Treatment: aluminum siding
__x__ Good
Fair
Poor
Alterations: Enclosed front porch, addition to back with double garage, one-story bay on south wall added,
aluminum storm windows
Legal Description: Plat Block Lot
Historic Information:
Sources:
Open to the public: ___ Yes X No Limited
-
V. RECOMMENDATIONS
1. One house not currently on either the National Register of Historic Places nor the local
list of significant properties is the James and Rose Spencer House at 205 East Walnut
Street. This appears to be individually eligible at a local level as an architecturally
important local example of the Gothic Revival style. The over-all historical physical
integrity is excellent. Additional research should be done in the A. J. Downing pattern
books in order to determine just what design elements were adapted from Downing's
work. This house has been traditionally referred to as the "Mrs. Rose Spencer" House. It
was common in the nineteenth century for men to place the property in their wives'
names. It should not be assumed that Mrs . Rose Spencer always lived here alone, that
she made the money to build the house, or that her husband did not live here as well.
According to the 1876-77 Stillwater city directory , however, James Spencer was living at
this address as well. The house should be listed as the "James and Rose Spencer House."
2 . There appears to be a potential National Register District in the west side of the South
Hill project area . This district probably extends into the area on the west side of South
Sixth Street and South Holbornbe Street where there has yet been no Identification phase.
The potential district is shown in Figure 5 entitled "Stillwater, Minnesota South Hill
Survey, Potential Historic District." The shaded properties in Figure 5 are properties
which would be potentially "contributing" to the significance of the district. The
unshaded properties would be those which are potentially "non-contributing" to the
significance of the district. The area at the north end of South Fourth and South Fifth
along West Chestnut and West Olive streets was historically known as "Chestnut Hill"
and was the area of wealthy Stillwater residents and important businessmen in the
nineteenth century. It is likely that this potential residential district will extend to the
west when subsequent residential surveys are completed and may also extend to the south
43
side of West Willard. The property at 101 West Pine is the Washington County
Courthouse and is currently listed on the National Register. This area of the South Hill
was formerly known as "Zion's Hill." This potential district's boundaries together with
what would be precisely in-and out-side the district are yet to be determined.
3 . The Jassoy Block, entered on the National Register on October I , 1990 (the date the
Part I was approved) as a historic tax certification project, has uncompleted paperwork at
the Minnesota SHPO. The Stillwater HPC and city planner should contact the owner and
encourage him or her to complete the Part 3 and submit it so the project can be closed.
This omission in no way effects the property's current listing on the National Register,
but the historic tax credits are technically in jeopardy, especially if the Part 3 is found to
be unacceptable once it is reviewed by the SHPO 's historic architect. All that is needed
for the Part 3 submission is a completed Part 3 form (2 pages) and "after" photographs in
two sets , properly labeled.
4. The Stillwater Heritage Preservation Commission may want to look into how to obtain
photocopies of the individual house information in the possession of Paul Larson .
5. One of the recommendations which Robert Vogel made in 1993 in his context study of
Stillwater was to consider the ravines and paths and routes through the neighborhoods of
Stillwater into downtown. The South Hill has several. They did not receive much
attention in this study, but we suggest that when the older neighborhood surveys are
completed, someone evaluate all these landforms and their uses for the entire city and
arrive at some comparative evaluation of their significance.
44
519 ~
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Stillwater, Minnesota
South Hill Survey
Potential Historic District
I I I I I I
These were eliminated as possible architect of the Whites~~~ i w~
have been 16 and 14 respectively in 1880.
The current South Hill study confirms the findings on the North Hill study that many of
the city's residences, grand and modest, large and small, were probably built by
Stillwater's many contractors and carpenters using pattern books and taking advantage of
the city's numerous lumber yards and stock millwork. Such widely-published books as
A. J. Bicknell's expensive and lavish Village Builder (1870), Henry Hudson Holly's
Holly's Country Seats (1863), and his later Modern Dwellings in Town and Country,
Adapted to American Wants andClimate (1878). first published in Harper's Mo11thly;as
well as best-selling plan books from George and Charles Palliser, Palli!Ier 's New Cottage
Homes and Details ( 1887) and Pal/iser 's American Architecture (1888); and Robert
Shopell's Modern Houses: Beautiful Homes (1887) all may have aided local contractors
and carpenters in erecting both commercial and residential structures, especially after the
railroads came to Stillwater in 1870-71 .
Roger Kennedy noted in 1963 that many of the older houses in the St. Croix valley:
had been derived from carpenters' guides, pattern books , and handbooks of
architecture which came into the hands of builders in the area long before professional
architects began to have some influence in the 1880s and 1890s. These books offered
models to please all tastes, facilitating choice among styles by frequent illustrations
and careful illustrations. Favorite themes were the Greek and Gothic revivals, which
arrived simultaneously in the valley, setting off the alteration between classic and
picturesque , restraint and exuberance, which has continued to this day (Kennedy
1963 :339).
Kennedy cites, for example, the John S. Proctor House at 220 South Fourth Street. Built
during the 1850s, the Proctor House had a virtual twin in the William Holcombe House in
Stillwater. Both were modest one-story , side-gabled simple Greek Revival style houses
38
____ .. _____________________________________ _
to which dormers have been added to the Proctor House (Kennedy 1963:339). The
Proctor House has white clapboard with a gabled, fully-pedimented front portico with
"boxed pilasters." The fact that these two early houses were so similar suggests the work
of local carpenters or builders who used a pattern book for the over-all design.
There is another house or possibly two in Gothic Revival style in the South Hill project
area which appear to have been influenced by the earlier work of Andrew Jackson
Downing. Downing (1815-1852) was the country's first great landscape gardener and a
pioneer designer of the small inexpensive detached house, in stylistic variations such as
Gothic, bracketed, Italianate, and "rustic." Rather than having an active architectural
practice. Downing popularized his houses and garden designs through such best-setting
books such a s The Architecture of Country Houses (1850) and Victorian Cottage
Residences, first published in 1842 and republished even after his death in 1852. Two
Gothic style houses, from the standpoint of massing as well as a few surviving details, on
the South Hill are the Reverend Henry M. Nichols House at 208 West Chestnut and the
Rose and James Spencer House at 205 East Walnut. The Nichols House was built by the
minister's First Presbyterian Church parishioner at the top of the hill on Chestnut above
the church . With its small comer porch with slender square columns, a prominent
chimney, s teeply-pitched roof, and "carpenter's lace" along the eaves, it characterized the
picturesque popularized by Downing (Kennedy 1963:344). Another house in Gothic
style is the Spencer House at 205 East Walnut , a small house with pointed Gothic double
windows. The double-pointed windows and the squared posts and rather flat roof on the
entrance portico to the Spencer House are similar to the engravings in Downing's
Victorian Country Cottages.
Unlike the North Hill project area, the South Hill was predominantly shaped by the
exuberant styles popular in the 1880s, such as the Italianate, French Second Empire, and ,
39
especially, Queen Anne. The Italian or Italianate style translated locally from what was
probably a pattern book is represented by the Mortimer Webster House at 435 South
Broadway. Webster, a Stillwater house builder, built this house for himself in 1865-66.
The wooden siding has been rusticated to simulate stone. At least one researcher thinks
that the adjacent similarly-styled house at 437 South Broadway was also built by
Mortimer Webster (Rollins ca. I 976:48). A grander cousin of the Italianate is the Italian
Villa style. While no pure example exists on the South Hill, there are several houses
which have richly-detailed towers , a hallmark of the Italian Villa style, either as part of
the original design or ones which were added to existing houses . One example is the
house at 319 West Pine, with its recently restored tower. Finally, the current study has
shown that the most popular style on the South Hill was the Queen Anne style and its
poorer sister, the "Princess Anne." Undoubtedly the best example of the Queen Anne
style in Stillwater at the height of its glory in 1885 is the Alexander and Ida Johnson
House at 119 West Chestnut.
BUILDING MATERIALS ON THE SOUTH HILL
The South Hill neighborhood has fewer limestone walls along the streets than the North
Hill (Original Town) neighborhood does, but where they are used, they are normally
retaining walls at the sidewalk or along driveways. An attribute of the South Hill is the
limestone foundations under many of the houses and the limestone retaining walls where
the streets are not level. Newton Horace Winchell described the dolomitic limestone
around Stillwater in volume one of his The Geology of Minnesota in 1884: Dr. C. Carli
opened a stone quarry at Stillwater in 1847 near the northern limits of the city. In 1884, a
Mr. Conkling was operating Carli's first quarry. Subsequent quarries were opened and
operated by Hersey , Staples and Hall and by Fayette Marsh beginning in 1854.
40
Lifespace Construction, Inc.
Todd Anderson
651-246-4456
todd@yourlifespace.com
February 21, 2019
To Whom It May Concern Regarding 615 Broadway Street S., Stillwater, MN:
Having been a licensed Minnesota residential contractor for over 30 years, my company has worked on
dozens of homes that were built in the late 1800’s and early 1900’s in an around the Minneapolis, St.
Paul, and Stillwater areas. These projects ranged in scope from basic interior cosmetic upgrades to
complete historic restorations and extensive multi-story additions, often time times tied into repairing
or replacing limestone or boulder wall foundations.
In most of the historic residences I see there are many era specific features: original woodwork, trim
(some simple, some intricate,) doors, built-ins, staircases, etc. that we replicate and bring into new
areas. We also often see architectural features such as arches, crown and cove mouldings, brackets,
fireplaces with mantles and surrounds, original glass windows, lap siding, etc… We also typically see
balloon framed side walls usually cut from white pine.
In 2017, my company performed moderate demolition on this property to relocate a second-floor
bathroom at which time we discovered unusual framing not previously encountered in any other
project. This structure has 2” x 12” plank lumber standing vertical from foundation to roof with 2’ x 4’
horizontal members running 19’ on center at the interior, as would have been found in an agricultural
type building. It was also noted that there didn’t seem to be any original features or components that
you would hope to see in a home built in 1880.
All things considered remodeling this structure and correcting its current foundation, structural
components, and mechanical and thermal deficiencies (as well as the many non-historic components
that have been added/changed over time) would be extensive and not cost effective.
Sincerely,
Todd Anderson
Design Review Application and Checklist
This Design Review Application and Checklist should be submitted with a City Planning Application Form
Contact : Stillwater City Planning Office 651-430-8821 City Hall 216 N. 4'h St. Stillwater, MN 55082
www.ci.stillwater.mn.us
1. Neighborhood Architectural Styles:
)(._ Vernacular ~ Italianate
)( Queen Anne ""'-Gothic
o Greek Revival o Second Empire
)( American Foursquare o Stick
o Other: __________ _
2. Prevailing neighborhood streetfront
setback: (Guidelines #1, #2, #3)
Prevailing setback on block (est.) __ _
Average setback on block (est.) __ _
Proposed new house setback '?t:l 4'.1i hp \o.. \'\
3. Is the pattern of homes in your
neighborhood 1, 1-112, or 2 stories high?
(Guidelines #4, #5)
Stories 1 1-1/2 2
House on right 0 D } House on left D D
House to rear Y\j{).. D D D
Prevailing on block D D S: Prevailing opposite block D X
Proposed new house D D
4. Prevailing Front Porch pattern in your
neighborhood: (Guideline #13)
Front Porch None
House on right ~ D
House on left D ~
House to rear Y\ / A. D D
Prevailing on block }( D
Prevailing opposite block ~ D
Proposed new house ~ D
Notes:
(p 1 of2)
S. Prevailing Garage Location pattern in
your neighborhood: (Guidelines #10, #11)
Front Rear Side
Garage Garage Garage
House on right ti-. o o
House on left ~ o o
House to rear Y\ / A o o o
Prevailing on block ~ o o
Prevailing opposite block ~ o o
Proposed new house ](.. o o
6. Prevailing Garage Size in your
neighborhood: (Guidelines # 10, # 11)
I stall 2 stall 3 stall
Garage Garage Garage
House on right D ~ D
House on left D D
House to rear Y\ / C\. D D D
Prevailing on block D ?i( D
Prevailing opposite block o ~ D
Proposed new house D ~ D
7. Is the proposed garage compatible in
form and detail with the design character
of the main house? (Guideline #14)
"Ji':r S{{ II\ UtW~Np.
8. If the proposed structure/ garage
location, setbacks, size or general design
character does not fit prevailing
neighborhood patterns, how do you
propose to reduce its impact on the
neighborhood and streetscape? :
Pcop0:,d D,scffiA :bts
'£\.Ai 't,\t\ b'N'Vf\r>ot! ~itl.,,yy\.
Stillwater Conservation District
Design Guidelines
Design Review Application and Checklist
9 . Does the proposed structure work with
natural slopes and contours of the
property? (Guidelines #6, #7, #8)
o Structure sited parallel to slope
o Building deigned to reduce cut and fill
(minimized retaining walls)
o Landscaping incorporated into grading
changes
Notes: ____________ _
10. Are there significant trees on the
property? Will any trees be removed or
damaged by new construction?
(Guideline #9) O /\ if (Z-...
o Types of trees ~-~v..-f::_~-1 ___ _
D Heights ----"-> ..... l .... o_Q_'~----
o Trunkdiam. > 30" --=----"~------
Notes: Z. Oa..\l~ (Y\ froY\.:\:: o-{;
~ftt~i1~f-~~ b~ f ~(M~'\"Y'\Al{Y\JVl
Good Neighbor Considerations
1. Will the proposed structure significantly
affect your neighbor's access to sunlight in
adjacent yards, patios or rooms?
(Guideline #21)
House to right:_~YJ ........... D~------
House to left:_~~ ............ O~------
House to rear:_ .... V\L...L.,J....,LIA.....,.., _____ _
Notes: ____________ _
How will you mitigate any negative sunlight
impacts on neighbors?
o Locate structure on lot to minimize impact
o Adjust building height, or portions of
building, to minimize impact
o Other: __ __, _______ _
2. Will the proposed structure significantly
affect your neighbors' privacy?(Guidelines
#22, #23)
House to right: _Y\.__._,( ...... J ______ _
House to left:_~Y\~O~------
House to rear: Y\ f c,.._ ~~%-\ gJ~~-~~·~
How will you mitigate any negative impacts
on neighbors' privacy?
o Offset/locate windows to reduce impact
o Use obscure glass in window
o Locate balconies to minimize impact.
~ Use landscaping elements for screening
o Other: __________ _
3. How is outdoor lighting impact
minimized for neighbors?(Guideline #25)
'f( Lights are located or directed away from
neighboring property
~ight fixtures are shielded to prevent glare
at neighboring property
o Other: __________ _
To be included with this Application and
Cbetklist :
rlf Site Plan: include location of proposed
building(s) on property, lot area; indicate
impervious surface, property lines, street/
sid ewalk location and approximate
location of adjacent structures. Indicate
oposed outdoor deck/patio and
ndscaping fe atures .
· din Ian-dimensions, first floor area
square footage.
Building Elevations: indicate building
height, windows, materials, and color on
elevations. Indicate proposed exterior
ghting.
?{"O'{)o~&\ v\ou ~.( OA':>~f l:K
'<U.,\'. c\\t\V>t)Yl s '?v..V\l.A:; \At uCC:<SS
Stillwater Cohservation District l
Photographs of site and streetscape.
0 Regular Planning Department
Development Application Form
Design Guidelines (p 2 of2)
---------------
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SITE DIAGRAM
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............ -----
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ZONING SUMMARY
ZONING DISTRICT: . RB· TWO FAMILY RESIDENTIAL . NEIGHBORHOOD CONSERVATION DISTRICT . DOWNTOWN STILLWATER DESIGN REVIEW DISTRICT
LOT COVERAGE :
MAX ALLOWABLE BUILDING COVERAGE = 25%
MAX IMPERVIOUS SURFACES= 25%
MAX TOTAL LOT COVERAGE= 50%
TOTAL LOT AREA= 19,289 S.F.
EXISTING TOTAL COVERED AREA= 7 ,461 S.F .
EXISTING % COVERAGE= 38.7%
SETBACKS :
---
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BLUFF
SETBACK ___ ------\
------------
FRONT (STREET)= 20' OR ALIGNS w/ PREDOMINANT STREET SETBACK
SIDE = 15' TOTAL (<5' ON EACH SIDE )
REAR =25'
BLUFF = 30'
HEIGHT:
35' MAX (MEASURED AT MID POINT BETWEEN EA VE AND PEAK, TAKEN
FROM AVERAGE ELEVATION AT FRONT OF BUILDING) OR ALIGNS
1--WITH WITH HEIGHT OF STREET
\ ---------\_ ---------
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PROJECT PHASE :
As-Buitts
PROJECT NUMBER:
18-071
ISSUE DAT E:
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615 Broadway St S
Reid and Julie Miller
Updated for April 16, 2019 City Council Meeting (additions/changes in RED)
Our journey to this demolition request….
Started with evaluating two options for our home at 615 Broadway St S: 1) Restoration & Expansion and 2) New Construction
•Evaluated the historical significance of the current structure
•1990’s modernization of home impacted any historical validity of the pre-1946 structure (Appendix A-1)
•Not on National Historic Register (Demo Application Q5)
•Identified as “not contributing” to the historical significance of the City of Stillwater and the South Hill (Demo Application Q5)
•City of Stillwater Architectural History Inventory
•Final Survey Report for National Register Identification and Evaluation Study
•Same sources used in the Historic Designation Study for 709 Second St S and discussed in the January 16th, 2019 HPC meeting
and February 5th City Council Meeting
•Restoration & Expansion (Option #1) abandoned upon detailed review of structural deficiencies by
•Foundation failing at main support pockets for main structural support beam (Appendix A-2)
•Structural support beam rotting and sagging, requiring “makeshift” support posts and shims to joists (Appendix A-2 and A-3)
•1st level joists rotting and requiring sistering for structural integrity (Appendix A-4)
•1st level ceiling/2nd level flooring failing resulting in sagging ceilings and sloping 2nd level floors
•Negligence in building code across all residential construction systems (structural, electrical, plumbing, siding, etc.)
•Interior pictures (behind drywall –see Appendix A-5) show 1) new wall construction inside of outside original wall, 2) windows have been
resized from original window openings and 3) significant exterior wood damage from wood rot and carpenter ants
•Ag-style building construction and water intrusion/mold issues identified
•Remediation of all the above would essentially be a full re-construction and cost prohibitive (Cost estimate provided in separate file)
•Proceeded with New Construction (Option #2) with a focus on investing in a Stillwater residence that will survive the next 150+ years
•Design captures the silhouette of the existing structure
•Design will embrace the essence of classic Italianate architecture
•Materials will embrace longevity such as brick and stone
•Upon demolition approval, we will continue beyond schematic design to full construction documents3/20/2019 615 Broadway St S 2
615 Broadway St S
Appendix Materials
Additions/changes in RED
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Historical significance: What exactly is left to preserve given significant 1990’s modernization?
North façade:
•Roofline altered to accommodate for a 2nd story window
•Metal storm windows and vinyl siding/shutters inconsistent
with Stillwater Conservation District Design Guidelines
Front façade:
•Front upper windows changed and resized from original
(see Appendix A-5 for interior pictures)
•Front porch roof changed and front porch fully enclosed
•More than 20%of total front façade changed in 1990s
modernization
South façade:
•Bay window and octagon windows installed
•Metal storm windows and vinyl siding/shutters inconsistent
with Stillwater Conservation District Design Guidelines
•~50%of total South façade changed in 1990s
modernization
25’25’
3/20/2019 615 Broadway St S A-1
Restoration facts: Decaying foundation and rotting/failing main structural beam
West foundation beam pocket:
•Wood rot at beam end
•Pocket filled with concrete
East foundation beam support:
•Foundation failing
•Main structural beam supported by shims!
Main structural beam:
•Main structural beam showing wood rot across entire length
and ends of beam
•“Makeshift” 2x4 and 4x4 beam posts to temporarily
mitigate beam and main floor sagging
•Main floor still has significant deflection
East foundation beam support:
•Foundation failing!
•Significant concrete patching
3/20/2019 615 Broadway St S A-2
Restoration facts: Main structural beam/foundation sagging on east end of beam
West foundation beam pocket:
•Laser level at bottom of structural
beam
•Pocket filled with concrete
•Beam also supported by “makeshift”
4x4 beam post
Main structural beam:
•Beam off level by 2+ inches across span
from East to West end of beam
•Beam has 5 “Makeshift” 2x4 and 4x4
beam posts to temporarily mitigate beam
and main floor sagging
•50% of joists have shims between
structural beam and joist to attempt to
level/support floor above
East foundation beam support:
•Laser level showing 2+ inches of
degradation even with support from
shims
•Foundation failing!
•Main structural beam supported by
shims!
3/20/2019 615 Broadway St S A-3
East West
Restoration facts: Decaying foundation joists and “sistering” of joists
South foundation joist pocket:
•Wood rot at joist end
•Pocket filled with concrete
Floor joist:
•Significant wood rot along length of joist
•Single and double joist “sistering”
•Electrical running through sistered joists
South foundation joist pocket:
•Wood rot at joist end
•Pocket filled with concrete
Floor joist:
•Significant wood rot along length of joist
•Single and double joist “sistering”
•Electrical running through sistered joists
3/20/2019 615 Broadway St S A-4
Restoration facts: 1990’s modernization impacted wall construction/windows on front of home
Front wall wood rot
Existing changes to front of home from 1990’s modernization
•New wall construction inside of outside original wall,
•Windows have been resized from original window openings
3/20/2019 615 Broadway St S A-4
Miller Residence
615 Broadway Street South
Over the course of the last 35 years I have worked as a contractor and carpenter side by
side with engineers and architects on numerous residential renovation projects on pre-
turn-of-the-last- century homes around the Twin Cities and Stillwater area.
As we enter these projects with intentions of salvaging and working with original elements
such as timber sills, balloon framed walls, under-sized and over spanned floor joist and
roof rafters, and attempt to remedy the lack of headers (often missing in historic
structures,) extensive deterioration of supporting members, failing foundations, and
minimal existence of any original character or materials within, it is most often inevitable
that we ultimately opt for new framing materials and methods in order to make these
buildings structurally plumb, level and sound, basically making the structures new from the
inside out.
It’s my experience that trying to work with and restore these elements is exponentially cost
prohibitive as opposed to starting from a solid and tight new foundation and building new
with an aesthetically correct and fitting design.
Todd Anderson
Lifespace Construction, Inc.
MNBC 004197
lifespace lifespace
CUSTOM BUILDING SOLUTIONS
603 S. Broadway St.www.yourlifespace.com
Stillwater, MN 55082 MNBC 004197
651.246.4456
Estimate for Structure Demolition/Removal
Apil 10th, 2019
Reid & Julie Miller
615 Broadway St S
Stillwater, MN 55082
Two scenarios of costs associated with full structure demolition vs. retaining
approximately 80% of original structure at 615 Broadway St S.Stillwater, MN.
Scenario One: $25,000-$30,000
Full machine demolition and debris removal and clean up including
excavation for new foundation configuration. (Foundation not included.)
$25,000-$30,000
Scenario Two: $68,500-$73,500
Partial building salvage with new foundation. (Foundation not included.)
$20,000-$25,000
The following costs in addition to the machine demolition:
a. Labor to separate/disconnect salvaged portion and prepare for remaining
structure to be demolished.
$6,800
b. Shoring to lift and hold salvaged portion.
$16,500
c. Labor to excavate by hand under shored building including removal of
stone/rubble foundation and jack hammering away bedrock to accommodate
new floor level and foundation wall.
$10,200
d. Relocate salvaged portion of existing structure on to new poured concrete
foundation. Remove cribbing blocks, steel beams and misc. shoring
equipment.
$7,000
e. Prior to or after relocation of existing portion of remaining structure.
Strip all exterior and interior finishes down to framing including roofing,
soffits/fascia, aluminum/clapboard siding, windows and exterior and interior
casings, plaster and lath insulation from ceilings and walls, electrical wiring,
hardwood floors etc. Load debris into dumpsters for cartage away from
site. (Approx. 50 cubic yards.)
$8,000
The following items/costs would required/incurred once the salvaged
structure is set back onto the new foundation:
Replace any deteriorated/sub standard framing compenents as needed,
alter/restore window and door rough openings to accommodate new but
historic design. Replace current 2"x8" floor joist with code compliant
dimensional lumber as is required. Replace existing 1x subfloor boards with
3/4" tongue and groove plywood. Re-nail exterior wall and roof sheathing
prior to covering.
$18,500-$24,500
•SERVICE: Orkin will provide Pest Control Service for one year, under the terms and conditions specified in this agreement, consisting of one service every quarter and additional treatments as deemed
necessary by Orkin or requested by the Customer. A scheduled service day will be established between Orkin and the Customer for the service and Customer agrees to make the premises available for
service. If the premises are not available for treatment at the appointed time on the regular service day, Orkin will service the outside of the residence and leave a record of service on Customer’s door.
Customer agrees to pay the normal service charge for this outside service. Orkin will service the inside of the residence at no additional charge if requested by the Customer. Although Orkin agrees to return
and retreat affected areas, Orkin cannot guarantee against reinfestation of pests from neighboring areas nor does Orkin guarantee complete elimination of pests.
•TERM:After the initial one year period, this Agreement is automatically renewable on a quarterly basis, but can be cancelled any time by either party giving 30 days written notice. Orkin reserves the right,
after the first year, to increase the service charge.
•CUSTOMER OBLIGATIONS:Customer understands that results of service are relative to and dependent upon the cooperation of the Customer as to housekeeping, sanitation, maintenance, and accessibility
of areas to be serviced. Customer agrees to cooperate with Orkin as reasonably necessary to facilitate treatment and control.
•WAIVERS:Customer expressly waives and releases Orkin from liability for any claim for personal injury (including stings, bites or illnesses) or property damage (to the structure or contents) caused by wood
destroying organisms, fire ants, pharaoh ants, spiders, ticks, fleas, wasps, bees or other pests listed on this Agreement. Customer waives any claim for damage or injury unless made in writing within one (1)
year of treatment or incident. In no event will Orkin be responsible for consequential damages or loss of use of property.
•MEDIATION/ARBITRATION:ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE SERVICES PERFORMED BY ORKIN UNDER THIS AGREEMENT OR
ANY OTHER AGREEMENT, REGARDLESS OF WHETHER THE CONTROVERSY OR CLAIM AROSE BEFORE OR AFTER THE EXECUTION, TRANSFER OR ACCEPTANCE OF THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO ANY TORT AND STATUTORY CLAIMS, AND ANY CLAIMS FOR PERSONAL OR BODILY INJURY OR DAMAGE TO REAL OR PERSONAL PROPERTY, SHALL BE
SETTLED BY BINDING ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE ADMINISTERED UNDER THE RULES OF THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) AND SHALL BE CONDUCTED BY AAA. IF ADMINISTERED UNDER THE AAA RULES, A CLAIM SHALL BE DETERMINED UNDER THE AAA SUPPLEMENTARY PROCEDURES
FOR CONSUMER-RELATED DISPUTES IN CASES WHERE SUCH PROCEDURES ARE APPLICABLE. ANY OTHER CONTROVERSY OR CLAIM SHALL BE DETERMINED UNDER THE AAA
COMMERCIAL ARBITRATION RULES. THE CUSTOMER AND ORKIN AGREE THAT THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAW, INCLUDING THE TERMS AND CONDITIONS OF
THIS AGREEMENT. THE ARBITRATOR’S POWERS TO CONDUCT ANY ARBITRATION PROCEEDING UNDER THIS AGREEMENT SHALL BE LIMITED AS FOLLOWS: ANY ARBITRATION
PROCEEDING UNDER THIS AGREEMENT WILL NOT BE CONSOLIDATED OR JOINED WITH ANY ACTION OR LEGAL PROCEEDING UNDER ANY OTHER AGREEMENT OR INVOLVING ANY OTHER
PREMISES, AND WILL NOT PROCEED AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR SIMILAR REPRESENTATIVE ACTION. EITHER PARTY HAS THE RIGHT TO REQUIRE A
PANEL OF THREE (3) ARBITRATORS, BUT IN THE ABSENCE OF THE PARTIES’ AGREEMENT, THE REQUESTING PARTY SHALL BE RESPONSIBLE FOR THE COST OF THE ADDITIONAL
ARBITRATORS. EITHER PARTY MAY REQUEST AT ANY TIME PRIOR TO THE HEARING THAT THE AWARD BE ACCOMPANIED BY A REASONED OPINION. THE AWARD RENDERED BY THE
ARBITRATOR(S) SHALL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT THAT A PARTY MAY WITHIN 30 DAYS OF THE ORIGINAL AWARD REQUEST AN ARBITRAL APPEAL TO AN APPEAL
TRIBUNAL, CONSTITUTED IN THE SAME NUMBER AND BY THE SAME PROCESS AS THE INITIAL ARBITRATOR(S). THE APPEALING PARTY SHALL BE RESPONSIBLE FOR THE FILING FEE AND
OTHER ARBITRATION FEES AND COSTS SUBJECT TO AWARD BY THE APPEAL TRIBUNAL UNDER APPLICABLE LAW. THE APPEAL TRIBUNAL SHALL REVIEW ALL QUESTIONS OF LAW AND
FACT UNDER A CLEARLY ERRONEOUS STANDARD. THE AWARD OF THE APPEAL TRIBUNAL SHALL BE FINAL AND BINDING. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT
HAVING JURISDICTION THEREOF. CUSTOMER AND ORKIN ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING
INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. BEFORE HAVING RECOURSE TO ARBITRATION, CUSTOMER AND ORKIN EACH AGREES TO TRY
IN GOOD FAITH TO SETTLE ANY CONTROVERSY OR CLAIM BY AT LEAST FOUR (4) HOURS OF MEDIATION ADMINISTERED UNDER THE AAA COMMERCIAL MEDIATION RULES WITH ORKIN
AGREEING TO PAY THE COSTS OF THE MEDIATION.
•CHEMICAL INFORMATION WARNING:Virtually all pesticides have some odor which may be present for a period of time after application. If you or any member of your household believes you have a
sensitivity to chemical odor or chemicals, Orkin recommends that you not have an initial or a subsequent service performed at your premises until you have consulted with your family physician. At your
request, Orkin will provide information about the chemicals to be used in treating the premises.
MONEY BACK GUARANTEE
“If, during the regularly scheduled treatment, you are not completely satisfied with the results, Orkin will return to treat the problem area again at no extra
charge. Should the problem persist, Orkin will continue to work to solve it to your satisfaction or Orkin will refund your last service payment.”
CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER
THE DATE OF THIS TRANSACTION.
I have read and understand the terms of this Agreement including the Exclusions and Limitations on the reverse side.
BRANCH TELEPHONE # STREET ADDRESS CITY STATE ZIP CODE
ACCEPTED BY:
REPRESENTATIVE EMPLOYEE NUMBER SIGNATURE ( ) Owner ( ) Lessee ( ) Agent
TITLE
Management Approval - This agreement has been verified and monies have been received as indicated.
228066 REV. 4/2012 LOCATION
RESIDENTIAL PEST CONTROL SERVICE AGREEMENTQUARTERLY SERVICETHIS AGREEMENT IS CONTINGENT UPON THE APPROVAL AND SIGNATURE OF THE ORKIN BRANCH MANAGER, WHO HAS SOLE AUTHORITY TO EXECUTE IT ON BEHALF OF ORKIN.
Date Branch Office Route # Grid Number Service Day Construction Type
SERVICE ADDRESS BILLING ADDRESS (If different)
Service Name: First Middle Last Billing Name: First Middle Last
Service Address: Number Street Street Address or P.O. Box
City State Zip Code City State Zip Code
Home Phone Business Phone #1 Business Phone #2 Home Phone Business Phone
Type and Number of Structures # Bedrooms # of Baths Person to contact other than Owner at Service Address
SPECIAL INSTRUCTIONS
PAYMENT
In consideration of the service to be provided by Orkin under this Agreement, the Customer
agrees to pay to ORKIN PEST CONTROL the following:
Basic Initial Service $
Specialized Pest Initial Service $
Initial Service Charge Sales Tax $
Total Initial Service Charge $
Basic Quarterly Service $ x
Specialized Pest Quarterly Service $ x $
Plus Quarterly Sales Tax $ x
TOTAL FIRST ANNUAL FEE $
Amount Remitted with Agreement $
Payment made by ■■Cash ■■Check ■■Complete Easy Payment Form
■■A Discount is available for full advance payment.
STANDARD PESTS
• American Cockroaches • Spiders
• Brown Banded Cockroaches • House Crickets
• German Cockroaches • Earwigs
• Oriental Cockroaches • Silverfish
• Smokey Brown Cockroaches • Millipedes
• Household Ants • Centipedes
• Mice • Scorpions
• Rats • Pillbugs/Sowbugs
SPECIAL RATES
Additional Service Charge
• Fleas $
• Caribbean Crazy Ants $
• Carpet Beetles/Clothes Moths $
• Fire Ants $
• Ticks (indoor) $
• Pharaoh Ants $
• Wasps/Yellow Jackets $
}
4/8/19 617 66
Julie Miller
615 Broadway St S
Stillwater Minnesota 55082
(651) 283-4997
2 story. 3
Julie Miller
Stillwater Minnesota 55082
Treat for heavy ants carpenter. And gpc. Centipede millipede
181.04
169.00
0.00 724.16
169.00
0.00
12.04
4
0
12.04 4
905.20
(952) 451-1661 9927 Valley View Rd Eden Prairie Minnesota 55344
Michael Weed 1468158
Customer Email: jujumiller@yahoo.com
EXCLUSIONS AND LIMITATIONS
•LATE PAYMENT:If Customer fails, for any reason, to make a quarterly payment within 30 days
from the due date, Orkin, at its option may discontinue to service and start collection proceedings.
Upon failure to make such payments, the customer agrees to pay all cost of collection, including a
reasonable attorney’s fee.
•SERVICE EXCLUSION:Customer understands that service under this Agreement is only for the
Standard Pests and other selected pests identified on the front of this Agreement. It does not include
service for bed bugs or any other pest not identified/selected and does not include control or
prevention of wood infesting organisms such as termites, powder post beetles, wood borers,
carpenter ants, carpenter bees, wood wasps, or wood decay fungus.
•ENTIRE AGREEMENT:Customer acknowledges that the only terms and conditions of this
agreement are those stated within this document and that there are no other terms or provisions
which apply other than those printed herein. If any provisions or portion thereof, of this Agreement is
found to be invalid or unenforceable, it shall not affect the validity or enforceability of any other part
of this Agreement. Provided, however, that as to the paragraph on MEDIATION/ARBITRATION, if
the sentence precluding the arbitrator from conducting an arbitration proceeding as a class,
representative or private attorney general action is found to be invalid or unenforceable then the
entirety of the MEDIATION/ARBITRATION paragraph shall be deemed to be deleted from this
Agreement.
LIST OF SERVICE MONTHS FOR EASY REFERENCE
Q1 January, April, July, October
Q2 February, May, August, November
Q3 March, June, September, December
Dear Customer:
Thank you for selecting Orkin for your Pest Control Service. Orkin’s business is based on good
service, and we want you to be happy with us. Should you have a problem that cannot be, or is
not being, handled locally, we want to hear from you.
Write: Customer Service Department
Orkin Pest Control
P.O. Box 647
Atlanta, GA 30301
OR call 800-34 ORKIN (800-346-7546)
SERVICE INSTRUCTIONS
DIRECTIONS:
NEAREST CROSS STREET:
MEDICAL: [ ] None Known
PREFERRED RANGE OF SERVICE: Date(s) Time(s)
PETS: [ ] None
SPECIAL INSTRUCTIONS:
(THIS SERVICE INSTRUCTIONS FORM MUST BE ATTACHED TO THE LOCATION COPY OF THE AGREEMENT.)
Agreement Number
(Same as on Agreement) Enter Date of Transaction
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE AGREEMENT OR SALE, AND ANY NEGOTIABLE
INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN
RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS AGREEMENT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE
INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF
YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO
MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU
REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE AGREEMENT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN
NOTICE, OR SEND A TELEGRAM, TO ORKIN.
AT NOT LATER
(Address of Seller’s place of business — Orkin Branch Office)
THAN MIDNIGHT OF I HEREBY CANCEL THIS TRANSACTION.
Date — Three Business Days After Date of Transaction
Date Buyer’s Signature Buyer’s Name (Print)
Agreement Number
(Same as on Agreement) Enter Date of Transaction
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE AGREEMENT OR SALE, AND ANY NEGOTIABLE
INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN
RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS AGREEMENT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE
INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF
YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO
MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU
REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE AGREEMENT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN
NOTICE, OR SEND A TELEGRAM, TO ORKIN.
AT NOT LATER
(Address of Seller’s place of business — Orkin Branch Office)
THAN MIDNIGHT OF I HEREBY CANCEL THIS TRANSACTION.
Date — Three Business Days After Date of Transaction
Date Buyer’s Signature Buyer’s Name (Print)
(CUT OR TEAR ALONG DOTTED LINE)
ORKIN CAN BEGIN WORK AS SOON AS POSSIBLE. PERMISSION, HOWEVER, SHALL NOT BE CONSTRUED AS A WAIVER OF ANY OF MY
RIGHTS UNDER THIS NOTICE OF CANCELLATION.
■■YES ■■NO
Buyer’s Signature Date
(THE BOTTOM PORTION OF THIS FORM MUST BE ATTACHED TO THE LOCATION COPY OF THIS AGREEMENT.)
4/8/19
9927 Valley View Rd
Julie Miller
4/8/19
9927 Valley View Rd
Julie Miller
4/8/19
TO: Mayor & Council Members
FROM: Bill Turnblad, Community Development Director
DATE: April 12, 2019
RE: Downtown Parking Capacity Study
INTRO
The Downtown Parking Commission is preparing to undertake a study of the
downtown parking system. The purpose of the study is to identify strategies for
improving the capacity of the system without major capital investments. To that end
the Commission engaged Lance Bernard of HKGi to draft a scope of work for the study.
The scope of work was reviewed by the Parking Commission in March. With the
addition of one item, the Commission recommended that the City Council adopt it and
direct staff to circulate it amongst public parking system professionals for proposals
and qualifications. The additional item was that the successful proposal should also
incorporate the parking elements found in the draft 2040 Comprehensive Plan into the
study.
COMMENTS
The attached scope identifies two phases of work. The first is the study itself, the
second is budget for implementation of the study.
Tasks in the first phase include:
1) Project coordination, by the parking consultant
2) Three meetings with the Parking Commission
a) Findings of analysis (as outlined in Task 3 below)
b) Discussion of study results
c) Review of final report draft and of scope of Phase 2 activities
3) Analysis of the existing system
a) Mapping of utilization data
b) Examination of the system’s regulatory and financing framework
i) Zoning Ordinance
ii) Revenues and expenditures
Parking Study Scope
April 12, 2019
Page 2
c) Review of 5 similar cities’ parking systems
d) Employee survey
e) Parking generation model development
i) This tool will help Parking Commission to analyze impact of each downtown
proposal for its potential impact upon the public parking system
4) Strategies and recommendations
a) Event parking
b) Employee parking
c) Revenue
d) Regulatory and/or revenue changes
5) Final deliverables
a) Draft report
b) Present to Parking Commission and City Council
The second phase will focus on implementation of the study. It will prepare a detailed
work plan and budget.
Funding for the study will come from the downtown parking enterprise fund.
ACTION REQUEST
The Parking Commission requests the City Council to consider the scoping document,
make any changes desired, and direct staff to circulate the scope amongst public
parking consultants for proposals and qualifications.
attachment: Draft scope
bt
January 21, 2019 | Downtown Stillwater Parking Study | DRAFT SCOPE
Phase One Tasks
Task 1 Project Coordination
Task 1.1: Project Coordination
Task 1.1 provides time for HKGi to coordinate study tasks with City Staff.
Deliverables
Bi-weekly check -ins with City Staff via phone or email.
Task 2: Engagement
Task 2.1 Parking Commission Meetings
HKGi will attend and facilitate up to three (3) meetings with the Parking Commission. City
staff will be responsible for coordinating and scheduling the meetings. The purpose and
intent for each meeting is described below:
o Meeting #1: HKGi will meet with the Parking Commission to discuss key findings
from the utilization counts and peer review research (see Task 3).
o Meeting #2: HKGi will present draft recommendations to the Parking Commission
for their consideration. The purpose of this meeting is to reach a consensus on the
study results.
o Meeting #3: HKGi will meet with the Parking Commission to review the final
deliverables and scope Phase II activities.
Deliverables
Preparation and attendance for up to three (3) Parking Commission meetings.
Task 3: Exploration Phase
Task 3.1: Data Collection and Mapping
Data collected under this task will determine parking utilization rates by parking facility
and provide a baseline for confirming parking concerns. HKGi will utilize existing
utilization counts (provide by the City) to build base maps depicting the study area’s
parking attributes and utilization rates. Findings will help identify potential parking
reservoirs that are underutilized. The parking reservoirs may present opportunities for
employee parking or mitigate the parking needs/requirements for new uses or
redevelopment initiatives.
Task 3.2: Review existing regulatory structure and funding strategies
Zoning ordinance
Funding/financing policy
o Capital expenditures
o Ongoing operations and maintenance
Task 3.3: Peer Review
HKGi will research up to five (5) comparison downtowns for comparing their parking
requirements, district-wide parking models, pricing structure and financing mechanisms.
Findings from this task will help inform potential modifications to the City’s parking
requirements and district-wide parking approach.
Task 3.4: Employee Survey
HKGi will work with City Staff to prepare an online survey to better understand the number
of employees working in Downtown Stillwater during specific days and times. The survey
results will help inform Task 3.2 and 4.2. The City will be responsible for distributing the
survey.
Task 3.5: Parking Generation Model
Data collected under Task 3.1 will be integrated into a customized “parking generation
model.” The purpose of the model is to help determine the parking needs for new uses or
future redevelopment efforts. Model assumptions will utilize the city’s parking
requirements and policies to determine the study area’s current and future parking
demand. The model will be used to run future parking scenarios based on future land use
and redevelopment assumptions and parking reduction factors (e.g., parking demand
rates that reflect current utilization, best practices, or multimodal goals).
The “parking generation model” will help determine when a new use or redevelopment
initiative is unable to meet parking demands without building new off street parking
supply.
Deliverables
Base maps depicting the study area’s parking utilization and attributes.
Memorandum documenting existing conditions and findings from the peer review.
Development of an on-line survey for the City’s use.
Parking generation model developed in Microsoft Excel.
Task 4: Strategies and Recommendations
Task 4.1: Event Parking
HKGi will develop recommendations for managing parking needs during large events (e.g.,
Lumber Jack Days and Harvest Fest). Various parking strategies may include shared
parking opportunities, shuttle services, and travel demand management strategies.
Task 4.2: Employee Parking
HKGi will develop recommendations for managing parking needs for downtown
employees. Various parking strategies may include shared parking opportunities, shuttle
services, and travel demand management strategies.
Task 4.3: Enterprise Fund Evaluation
HKGi will develop a funding tool that compares Downtown Stillwater’s Enterprise Fund
(fee-in-lieu payments for parking requirements) against other models. The model’s
assumptions will be based on findings from Task 3.3.
Task 4.4: Parking Framework
Our main objective throughout the planning process is to focus on an action/phasing plan
that outlines recommendations and strategies that maximizes downtown’s parking supply.
The recommendations and strategies will focus on the following:
o Employee parking
o Event parking
o Parking solutions for new uses or redevelopment initiatives
o Modifications to the parking ordinance (i.e., requirements and Enterprise Fund
model)
Deliverables
Memorandum documenting the proposed parking strategies and recommendations.
Development of an on-line survey for the City’s use.
Financial model developed in Microsoft Excel.
Task 5: Final Deliverables
Task 5.1: Draft Report
HKGi will provide a technical memorandum documenting the study’s process and findings.
Supporting materials used throughout the process (e.g., GIS files, spreadsheets, maps, and
power points) will be provided as part of the final deliverables.
Task 5.2: City Council
HKGi will prepare and attend one (1) City Council meeting. We will present the study’s
findings and recommendations.
Deliverables
Consolidation of the Task 3 and 4 memorandums into a final report.
Preparation and attendance at one (1) City Council meeting.
Phase Two Tasks
Once Phase I activities are complete, HKGi will prepare a detailed scope of work and budget for
Phase Two which will focus on implementation measures, while formalizing a preferred district-
wide parking approach. This will be done in close collaboration with City Staff and the Parking
Commission. Potential activities may include:
Stakeholder engagement to reach a consensus on the study’s recommendations
Zoning amendments
Wayfinding and signage plan
Cost estimates for the recommendations
Shared parking agreements
Community Development Department
TO: Mayor & Council Members
REPORT DATE: April 11, 2019
SUBJECT: Chestnut Street Lease Agreement
REVIEWERS: Shawn Sanders, Public Works Director
Korine Land, City Attorney
REPORT BY: Bill Turnblad, Community Development Director
BACKGROUND
With the new St Croix River Crossing and the conversion of the historic lift bridge in Downtown
Stillwater to a pedestrian and bicycle facility, the Downtown Chapter of the Draft 2040
Comprehensive Plan shows the re-use of Chestnut Street between Main and the lift bridge
concourse as a civic plaza. The existing street right-of-way will remain in the possession of the
Minnesota Department of Transportation (MnDOT) in order to provide access to the lift bridge for
lift operation and maintenance purposes. But, it no longer needs to accommodate public vehicular
traffic. Therefore, MnDOT will lease the property to the City.
MnDOT and City staff have been working for about a year on the terms of the lease. It is now in a
final draft form ready for City Council review.
COMMENTS
Considerable discussion and negotiation has occurred on a number of the lease’s terms and
conditions, including: merchandise sales, alcohol sales and consumption, lease cancellation notice,
length of lease, maintenance and insurance amounts. Both MnDOT and City staff are satisfied with
the final draft of the lease.
Several main points of the lease include:
1. The City is allowed to redevelop the street into a civic plaza.
2. The plaza can be used for City sponsored events. But, private event organizers will not be
allowed to use the plaza as an event venue. Essentially, this means that if the City is the
event permit holder, the plaza can be the event venue, or a part of the event venue. So, for
example, the July 4th event can use the plaza, but Lumberjack Days cannot.
Chestnut Street Lease
Page 2
3. Private merchandizing is not allowed on the property. But, City merchandizing would be
allowed. So, if the City is sponsoring an event (i.e. holds the event permit), then the City
could contract with vendors that would use the plaza for their booths and/or food carts.
4. As with private merchandizing, alcohol cannot be sold or consumed on the plaza unless it is
a City sponsored event.
5. Signs, displays, banners, etc are limited to those indicating proprietorship and directional
signage for events on the premises.
6. Maintenance and public safety vehicles will be provided a means of access to the bridge
even after the property is converted to a civic plaza.
7. Access to the regional trails will always be provided. If an event were to block the trail on
the plaza, alternate bike and pedestrians routes to the Lift Bridge must be provided.
8. The trail route over the plaza will be for non-motorized use only.
9. The term of the lease is 30 years. Staff would like a renewal clause, but MnDOT points out
they are obligated to operate and maintain the Lift Bridge into perpetuity, so entering into a
new lease in 30 years is likely.
10. Until the right-of-way is converted into a civic plaza (planned for 2021 construction), the
City will operate and maintain the right-of-way as a street.
ALTERNATIVES
The Council has several available alternatives:
1. Approval – If the Council finds that the Lease is acceptable, then the Council could
adopt the attached resolution of approval.
2. Denial – If the Council finds that the Lease is not acceptable, it could deny the request to
approve it. If this is the chosen action, staff will bring a resolution of denial to the next
Council meeting for adoption.
3. Table for more information or continued discussions.
RECOMMENDATION
Staff finds the agreement to be acceptable and recommends approving it.
cc Todd Clarkowski, MnDOT
Bonnie McCabe, MnDOT r/w
attachments: Lease agreement
Resolution
bt
Commercial Lease Page 1 of 10 LS1003 4/11/2019
Minnesota Department of Transportation
Metro District
1500 W. County Road B2
Roseville, MN 55113
651-234-7595
C.S. 8214 (36=045) 906
0021
MnDOT Route ID
3200006595260036-1
LEASE NO. 82019
PARCEL: MnDOT
Contract NO.
COMMERCIAL LEASE (Chestnut Street in Stillwater)
THIS LEASE is made between the State of Minnesota, Department of Transportation
("Landlord"), and City of Stillwater, a political subdivision of the State of Minnesota ("Tenant").
Mail lease to: City of Stillwater
City Administrator
Stillwater City Hall
216 Fourth Street
Stillwater, MN 55082
IT IS AGREED:
1. In consideration of payment of the rent hereinafter specified to be paid by Tenant, and the
covenants and agreements herein contained, in accordance with Minnesota Statutes
§161.433, Landlord hereby leases to Tenant that certain property ("Premises") in the County
of Washington, State of Minnesota, described as follows:
Location of Premises: Along Chestnut Street – between TH 95 and continuing through and
ending at the historic west edge of the concourse of the bridge
commonly known as the Lift Bridge in Stillwater, Minnesota as
further shown on Exhibit A attached hereto and incorporated herein.
Type of Premises: Commercial land
Subject to the paragraph below, this Lease includes improvements and is in effect for the term
of thirty (30) years commencing on June 15, 2019 (“Commencement Date”) and continuing
through June 14, 2049, with the right of termination in both Landlord and Tenant as hereinafter
set forth. If Landlord is delayed in delivering possession of all or any portion of the Premises
to Tenant on or before the Commencement Date, due to delays in Landlord’s Lift Bridge
Conversion Project – S.P. 8217-34 between Landlord and Kraemer Construction (#170071),
then Tenant shall take possession of the Premises on the date (not later than one year after
the Commencement Date) when Landlord delivers possession of all the Premises, which date
shall be conclusively established by notice to Tenant at least five (5) days before such
Commercial Lease Page 2 of 10 LS1003 4/11/2019
date. Landlord shall not be liable to Tenant for any loss or damage resulting from any delay in
delivering possession of the Premises to Tenant.
2. RENT. The consideration for this Lease shall be Tenant’s continuous obligation and
responsibility to maintain the Premises and ensure the Premises is available to the general
public as described in this Lease throughout the term of this Lease.
3. USE OF PREMISES.
3.1 Use. Tenant shall use the Premises only for Tenant’s public purposes as follows:
a. a non-motorized trail and if federal funds are proposed for the planning, design or
construction such use may be limited by 23 C.F.R 652 also published as the Federal-
Aid Policy Guide. Tenant shall comply with any MnDOT State Aid Manuals and
processes for any state fund use.
b. conducting city sponsored fairs, street dances, concerts or other events of local
interest; and
c. the installation of pedestrian plazas, planters, bollards, ornamental railings or
temporary fence and gates, tree grates, brick pavers, landscaping, bike racks, waste
receptacles, flag pole base, flags, temporary banners, temporary event signage,
sandwich boards for directional purposes only, steps, benches, tables, lights,
directional only kiosks and street signs, and storm sewer systems and retaining
walls, which may be placed and removed only by the Tenant, and for no other use
whatsoever, without Landlord’s prior written consent.
d. Commencing on the Commencement Date until such time as Tenant completes its
alterations to a raised plaza, Tenant will operate the Premises as a city street.
All of the uses above shall work harmoniously so that the use in (b) and (c) above does not
conflict with the use in (a) above. Tenant acknowledges that its continued availability of the
Premises to the general public for purposes of pedestrian and bike trail use and connection to
other trails is of utmost importance to the Landlord and the general public and the character
and quality of the surrounding area. Tenant covenants and agrees that throughout the term of
this Lease it will comply strictly with the provisions of this Section 3 of this Lease, and Tenant
further covenants to maintain the pedestrian access and the bike trail connection to other
regional bike trails at all times. In the event Tenant uses the Premises for an event set forth in
(b) above and the trail is restricted, during such event Tenant shall provide a substitute
temporary pedestrian and a bike trail connection/route.
3.2 Restrictions. In accordance with Minnesota Statute §160.2725 and Minnesota Rule
§8810.5400, Tenant shall not allow private parties to conduct or advertise any commercial
sales, including the sale of alcohol, on the Premises. Tenant’s use of the Premises must not
interfere with the public’s use of any adjacent highway.
Commercial Lease Page 3 of 10 LS1003 4/11/2019
3.3 Signs. No signs, displays or advertising devices of any nature will be placed on the
Premises, except those indicating proprietorship, directional for the activities conducted on the
Premises, and will be subject to regulation by Landlord and the Federal Highway Administration
as to number, size, location, and design.
3.4 Governing laws. Tenant at its sole cost and expense, agrees to comply with, and provide
and maintain the Premises in compliance with all applicable laws, rules, ordinances and
regulations, issued by any federal, state or local political subdivision having jurisdiction and
authority in connection with the Premises including the Americans with Disabilities Act (“ADA”).
If the Premises are not in compliance with the ADA or other applicable laws Landlord may enter
the Premises and perform such obligation without liability to Tenant for any loss or damage to
Tenant thereby incurred, and Tenant shall pay Landlord for the cost thereof, plus 10% of such
cost for overhead and supervision within 30 days of receipt of Landlord’s invoice.
3.5 Parks, Recreation and Wildlife areas. This Lease does not grant any interest whatsoever
in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge
facility that would become subject to Section 4(f) of the Federal-Aid Highway Active of 1968.
3.6 Historic Property. The Premises is located within and adjacent to, historically significant
properties. Landlord remains responsible for compliance with all applicable state statutes
regarding historic properties, including the Minnesota Historic Sites Act (MS 138), the Field
Archaeology Act of Minnesota (MS138), and the Private Cemeteries Act of Minnesota (MS
307.08). All proposed work on the Premises must be submitted to Landlord’s Cultural
Resources Unit (“CRU”) for review and approval prior to the commencement of any work. If
CRU determines a proposed action is out of compliance with the above-referenced statutes,
CRU will work with the Tenant to redesign the proposed action to be in compliance, or will
deny the request. If Tenant obtains federal funding or permits to perform any work within the
Premises, Tenant will be responsible for compliance with Section 106 of the National Historic
Preservation Act and other applicable federal laws.
4. MAINTENANCE AND REPAIRS. Tenant shall keep the Premises in good condition at
Tenant's own expense, and shall not call on Landlord to make any improvements or repairs,
except as to Landlord’s use pursuant to Section 10 herein.
During the Term, Tenant shall maintain the Premises including but not limited to:
a. RIGHT OF WAY: Any and all maintenance of the Premises including pedestrian plazas,
sidewalks and bikeways shall be provided by the Tenant at its sole cost and expense,
including, but not limited to, snow, ice, and debris removal, patching, crack repair,
pavement replacement, signing, signals, lighting, pavement markings, pavement
resurfacing and seal coating, storm sewers, landscaping, bollards, and any other
maintenance activities according to accepted Tenant maintenance practices.
Commercial Lease Page 4 of 10 LS1003 4/11/2019
b. STORMSEWERS. Tenant is responsible for all routine maintenance of all storm sewer
facilities. Routine maintenance includes, but is not limited to, removal of sediment,
debris, vegetation and ice from structures grates and pipes; repair of minor erosion
problems; minor structure repair; and any other maintenance activities necessary to
preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation
of accelerated deterioration of the facilities.
c. ADDITIONAL DRAINAGE. Neither party will drain any additional drainage volume into
the storm sewer facilities that was not included in the drainage for which the storm sewer
facilities were designed, without first obtaining written permission to do so from the other
party.
d. BIKEWAYS/SHARED USE PATHS. Maintenance and ownership of any sidewalk
including stamped and colored concrete sidewalk and pedestrian ramps on the
Premises, includes but is not limited to, snow and ice control/removal, sweeping and
debris removal, patching, crack repair, pavement replacement, vegetation control,
signing, pavement markings, and any other maintenance activities necessary to
perpetuate the bikeways and shared use paths in a safe and usable condition.
Landlord and Tenant acknowledge that the agreement for the loop trail ownership and
maintenance is addressed in two agreements between the parties referred to as
Agreement #01433 and Agreement #04958. In the event that there is any dispute
between items in this Lease and in such agreements, the Agreements shall control.
e. LIGHTING. Tenant is responsible for all maintenance of electrical lighting systems on
and about the Premises. The Tenant will be responsible for the hook up cost and
application to secure an adequate power supply to the service pad or pole and will pay
all monthly electrical service expenses necessary to operate the lighting facility. Lighting
adjacent to the Premises is addressed in Agreement #1026159 between the parties.
f. SIGNS. Tenant is responsible for the maintenance, installation and removal of
regulatory and informational signs within and on the Premises.
g. SIGNAL SYSTEM AT TH95 and CHESTNUT STREET. The signal system
responsibilities are described in the signal agreement #1884-R. In the event that there
is any dispute between the items in this Lease and in such agreements, the Agreements
shall control.
5. CHARGES AND EXPENSES. Tenant shall pay when due all utility charges and any other
charges or expenses connected with Tenant's use of the Premises.
6. NOTICES. All notices herein provided to be given, or which may be given, by either party
to the other, shall be deemed to have been fully given when served personally on Landlord or
Tenant, or when made in writing and deposited in the United States Mail and addressed as
Commercial Lease Page 5 of 10 LS1003 4/11/2019
follows: To Tenant at the mailing address above stated and to Landlord, Right of Way
Engineer/Supervisor, Department of Transportation, Right of Way, Transportation Metro
District - 1500 W. County Road B2, Roseville, MN 55113. The address to which notices are
mailed may be changed by written notice given by either party to the other.
7. CANCELLATION. This Lease shall be subject to cancellation by either party at any time
during the term hereof by giving the other party notice in writing at least one hundred eighty
(180) days prior to the date when the cancellation will become effective. Furthermore, this
Lease shall be subject to cancellation by Landlord if the Premises become needed for highway
purposes (as determined solely by Landlord) by giving Tenant notice in writing at least ninety
(90) days prior to the date when the cancellation will become effective.
Tenant hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this Lease by Landlord, including any cancellation or termination
for highway purposes (as determined solely by the Landlord). Tenant agrees that it will not
make or assert any claims for damages, costs, expenses, losses, fees and
compensation based upon the existence, cancellation or termination of the Lease. Tenant
agrees not to sue or institute any legal action against Landlord based upon any of the claims
released in this paragraph.
8. INDEMNIFICATION AND RELEASE. Tenant shall indemnify, defend to the extent
authorized by the Minnesota Attorney General’s Office, hold harmless and release Landlord
its employees, agents and any successors and assigns of the foregoing, from and against:
a. all claims, demands, and causes of action for injury to or death of persons or loss of or
damages to property (including Tenant’s property) occurring on the Premises or
connected with Tenant’s use and occupancy of the Premises, except when such
injury, death, loss or damage is caused solely by the negligence of Landlord, but
including those instances where the Landlord is deemed to be negligent because of its
failure to supervise, inspect or control the operations of Tenant or otherwise discover
or prevent actions or operations of Tenant giving rise to liability to any person;
b. claims arising or resulting from the temporary or permanent termination of Premises
user rights on any portion of highway right of way over which this Lease is granted;
c. claims resulting from temporary or permanent changes in drainage patterns resulting
in flood damages;
d. any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials
furnished; and
e. any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Premises.
The liability of Landlord is governed by Minn. Stat. §3.736 and other applicable law.
Commercial Lease Page 6 of 10 LS1003 4/11/2019
9. INSURANCE. Prior to execution of this Lease by Landlord, the Tenant shall provide
Landlord with a properly executed certificate(s) of insurance which shall clearly evidence the
insurance required below.
9.1 Tenant shall maintain during the full term of this Lease commercial general liability
insurance or equivalent form including Premises-Operations Liability,
Products/Completed Operations Liability (if applicable), Contractual Liability, and Fire
Legal Liability with a limit of not less than $1,500,000 each occurrence. If such
insurance contains a general aggregate limit, it will be equal to or greater than
$1,500,000 and apply separately to this Lease.
9.2 The insurance shall name the State of Minnesota as an Additional Insured with respect
to performance of the Lease.
9.3 This insurance shall be primary with respect to any insurance or self-insurance
programs covering Landlord, its officers and employees.
9.4 Tenant shall maintain during the full term of this Lease workers’ compensation
insurance with statutory limits and employers’ liability insurance with limits not less
than $100,000 bodily injury by disease per employee, $500,000 bodily injury by
disease aggregate and $100,000 bodily injury by accident.
If Minnesota Statute 176.041 exempts Tenant from Workers’ compensation insurance or if
the Tenant has no employees in the State of Minnesota, Tenant must provide a written
statement, signed by the authorized signer of the contract, stating the qualifying exemption
that excludes Tenant from MN Workers’ Compensation requirements.
If during the course of the contract the Tenant becomes eligible for Workers’ Compensation,
the Tenant must comply with the Worker’s Compensation Insurance requirements included
herein and provide the State of Minnesota with a certificate of insurance.
If Tenant receives a cancellation notice from an insurance carrier affording coverage herein
Tenant agrees to notify the Landlord within five (5) business days with a copy of the
cancellation notice, unless Tenant’s policy(ies) contain a provision that coverage afforded
under the policy(ies) will not be cancelled without at least thirty (30) days advance written
notice to the Landlord.
An Umbrella or Excess Liability insurance policy may be used to supplement the policy limit
to satisfy the full policy limits required by the Lease.
10. RIGHT TO ENTER. Tenant shall allow Landlord and Landlord's contractors and authorized
licensees to enter upon the Premises for any of the following purposes: to survey the land, to
Commercial Lease Page 7 of 10 LS1003 4/11/2019
take soil borings, to perform utility relocation or repair work, or to perform any other work which
is preparatory to a highway construction project; also to make emergency repairs required for
highway safety. Tenant shall allow Landlord to enter upon the Premises to inspect, maintain,
and repair the lift bridge adjacent to the Premises and its structural supports. Tenant shall allow
Landlord to inspect the Premises. Before entering the Premises for any of the purposes under
this paragraph, Landlord will make a reasonable effort to notify Tenant, provided, however, that
in case of an emergency affecting highway safety (the existence of which will be determined
solely by Landlord), if Tenant is not present to permit entry onto the Premises, Landlord or its
representatives may enter without notice to Tenant, and for such entry Landlord or its
representatives will not be liable to Tenant.
11. ADJACENT HIGHWAY FACILITY. Tenant shall not permit the storage of any substance
or material on the Premises which may create a fire hazard to the adjacent highway facility
(including any overhead bridge and its structural supports). If Landlord determines that Tenant
is using the Premises in such a way as to create a danger to the adjacent highway facility or
the traveling public thereon, and if, upon receiving notice, Tenant does not immediately remedy
the danger to the satisfaction of Landlord, then Landlord may immediately cancel this Lease
and take possession of the Premises. Any requirement for giving notice of cancellation set out
elsewhere in this Lease will not apply to cancellation under this section.
12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease or sublet the
Premises.
13. CIVIL RIGHTS ACT. The Tenant for itself, successors in interest, and assigns, as a part
of the consideration hereof, does hereby covenant and agree that in the event improvements
are constructed, maintained, or otherwise operated on the Premises described in this Lease
for a purpose for which a Landlord activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the Tenant will maintain and
operate such improvements in compliance with all requirements imposed by the Acts and
Regulations relative to nondiscrimination in federally-assisted programs of the U.S.
Department of Transportation, Federal Highway Administration (FHWA), (as may be
amended) such that no person on the grounds of race, color, national origin, sex, age,
disability, income-level, or limited English proficiency (LEP) will be excluded from participation
in, denied the benefits of, or be otherwise subjected to discrimination in the use of said
improvements.
14. DEFAULT BY TENANT - LANDLORD'S REMEDIES. An "event of default" occurs if Tenant
breaches any of the other agreements, terms, covenants, or conditions which this Lease
requires Tenant to perform, and such breach continues for a period of thirty (30) days after
notice by Landlord to Tenant.
Commercial Lease Page 8 of 10 LS1003 4/11/2019
At any time after the occurrence of an event of default, Landlord may terminate this Lease upon
giving written notice to Tenant and may then re-enter and take possession of the Premises in
such manner as allowed or provided by law. Tenant shall pay Landlord all costs and expenses,
including attorney's fees, in any successful action brought by Landlord to recover damages for
breach of any of the other covenants, agreements, terms, or conditions which this Lease
requires Tenant to perform, or to recover possession of the Premises.
15. HOLDING OVER. If Tenant remains in possession of the Premises after the end of this
Lease with the consent of Landlord, express or implied, Tenant shall occupy the Premises as
a Tenant from month to month, subject to all conditions, provisions, and obligations of this
Lease in effect on the last day of the term.
16. REMOVAL. At the expiration or sooner termination of this Lease, Tenant shall remove all
alterations and improvements constructed on the Premises by Tenant and leave the Premises
in as good condition as its original use as when delivered to Tenant, unless written permission
is granted by Landlord allowing the alterations and improvements to remain.
17. SALE OR TRANSFER OF PREMISES. If Landlord sells or transfers the Premises,
Landlord's liability for the performance of its covenants under this Lease shall end on the date
of the sale or transfer, and Tenant shall look solely to the purchaser or transferee for the
performance of those covenants.
18. HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS. Tenant shall not
cause or permit any hazardous substance or pollutant or contaminant to be used, generated,
stored or disposed of on or in the Premises by Tenant, Tenant’s agents, employees, contractors
or invitees. If the Tenant causes or allows the Premises to become contaminated in any manner
by hazardous substances or pollutants or contaminants, during the term of this Lease, Tenant
shall indemnify and hold harmless the Landlord in accordance with Section 8 of this Lease.
This indemnification is intended to, and shall, survive the termination of this Lease. Without
limitation of the foregoing, if Tenant causes or permits the presence of any hazardous
substance or pollutant or contaminant on the Premises, and that presence results in
contamination, Tenant shall promptly, at its sole expense, take any and all necessary actions
approved by the Landlord to return the Premises to a condition that is in accordance with all
applicable Federal, State and Local regulations.
19. ALTERATIONS BY TENANT. Tenant may from time to time at its own expense make
changes, additions and improvements on or about the Premises to better adapt the same to
its use, provided that any such change, addition or improvement shall be made only with the
prior written consent of Landlord (which may be withheld in Landlord’s sole discretion, to the
extent it relates in Landlord’s sole opinion to the structure or systems of the Premises and
Right of Way (“Alternations”). Such consent of Landlord specifically and expressly includes
Commercial Lease Page 9 of 10 LS1003 4/11/2019
any impacts to fiber optic communication cables beneath and adjacent to the Premises.
Tenant may construct its alterations in phases in accordance with the approved plans and
specifications without seeking additional approval from Landlord.
20. MECHANICS LIENS. Tenant (for itself, its contractors, subcontractors, its materialmen
and all other persons acting for, through or under it or any of them), covenants that no laborers’,
mechanics’, or materialmen’s liens or other liens or claims of any kind whatsoever shall be filed
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
21. ENTIRE AGREEMENT. This Lease contains the entire agreement between Landlord and
Tenant with respect to its subject matter and may be amended only by subsequent written
agreement between them. Except for those which are set forth in this Lease, no
representations, warranties, or agreements have been made by Landlord or Tenant to one
another with respect to this Lease.
Commercial Lease Page 10 of 10 LS1003 4/11/2019
TENANT
City of Stillwater
Signature
Print Name Ted Kozlowski
Title Mayor Date
Signature
Print Name Beth Wolf
Title City Clerk Date
LANDLORD, STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COMMISSIONER OF TRANSPORTATION
By
Lynn P. Clarkowski, P.E.
Metro Program Delivery Engineer
Date
Approved as to form and execution
OFFICE OF CONTRACT MANAGEMENT
By
Title
Date
SHEET OF SHEETS4/12/201711:28:39 AMS:\KO\M\MNTBR\128154\5-final-dsgn\51-const-dwgs-CAD\40-TransHwy\plnshts\CD821734_gl01.dgnFAX (651) 490-2150
PHONE (651) 490-2000
ST PAUL, MN 55110
3535 VADNAIS CENTER DRIVE
Signature:
Printed Name:Date:
Professional Engineer under the laws of the state of Minnesota
by me or under my direct supervision and that I am a duly Licensed
I hereby certify that this plan, specification, or report was prepared
Lic. No.
(T.H. 36) S.P. 8217-34 62
MORGAN M. ABBOTT
52174
CIF
MMA
MMA
DRAWN BY:
DESIGNER:
DESIGN TEAM
CHECKED BY:4/12/2017
13
14
15
20
5
0
5116
17
18
19
PI
BP
BP
U
M
M
M
M
M
M
M
MM
MMM ST. CROI
X RI
VER2025 POT 12+63.800 507,137.4981 213,019.6887
2030 POT 16+77.680 507,533.7230 213,139.2807
2035 POT 27+75.306 508,539.7080 213,578.3450
AZIMUTH
TANGENT
COORDINATES
ALIGNMENT TABULATION
POINT STATION
DELTA DEGREE RADIUS LENGTH X Y
CIRCULAR CURVE DATA
NUMBER
POINT
50
SCALE IN FEET
2
2060 POT 50+00.000 507,533.7230 213,139.2807
2065 POT 50+47.556 507,549.7913 213,094.5220
2070 POT 50+48.882 507,550.4212 213,093.3552
PC
PI
PT
CC
2080
50+81.604
50+96.781 29.500'15.177'28.034'
507,565.9654 213,064.5600
507,572.9962 213,051.1103
507,592.1088 213,078.2264
507,588.0267 213,049.0102
PI
51+09.638
2025
2030
2035
TO PT.
2060
2065 2070
2080
2079 2082
2079
2081
2082
{ CHESTNUT
{ PARK
1 ALIGNMENT POINT IS BEYOND PROJECT LIMITS AND DOES NOT SHOW UP ON PLAN VIEW.
1
GENERAL LAYOUT, ALIGNMENT PLAN AND TABULATION
PARKING LOTS.
WATER ST.
CHESTNUT ST.
PARKING LOT
LOWELL PARK
LOWELL PARK
NAD 1983 1996 ADJUSTMENT
THE MINNESOTA STATE PLANE COORDINATE SYSTEM
COORDINATE SYSTEM WHICH IS RELATED TO
HORIZONTAL CONTROL DATUM IS BASED ON WASHINGTON COUNTY
HORIZONTAL CONTROL:
LEGEND
CONSTRUCTION LIMITS
#4654EX. BRIDGE
(SEE SHEET )
AND SUPPORT AT LOOP TRAIL
INTERPRETIVE SIGN PANEL
27 28 31 34 38
59
CHESTNUT STA. 15+82.34
BEGIN S.P. 8217-34
##
##
##
##
##
##
S
AM BLOOMER WAYSAM BLOOMER WAYCHESTNUT
PARK
CHESTNUT STA. 17+23.43
END S.P. 8217-34
LIGHTING PLAN
TURF ESTABLISHMENT AND EROSION CONTROL PLAN
DRAINAGE PLAN
CONSTRUCTION PLAN
REMOVAL PLAN
INPLACE TOPOGRAPHY AND UTILITIES PLAN
CONCRETE APPROACH PANEL - SEE BRIDGE PLANS
NEW CONSTRUCTION
EXISTING PAVEMENT
CITY OF STILLWATER
10 Exhibit A, Attached and
Incorporated
RESOLUTION NO. 2019-____
RESOLUTION APPROVING COMMERCIAL LEASE
OF CHESTNUT STREET RIGHT-OF-WAY
WHEREAS, with the completion of the new St Croix River bridge south of Stillwater,
the historic lift bridge in Downtown Stillwater is being converted by the Minnesota Department
of Transportation to a pedestrian and bicycle facility; and
WHEREAS, the right-of-way for Chestnut Street between Main Street and the Lift
Bridge concourse is therefore no longer needed for street purposes; and
WHEREAS, the Downtown Chapter of Stillwater’s 2040 Comprehensive Plan identifies
the subject stretch of Chestnut Street to be converted to a raised civic plaza; and
WHEREAS, the Minnesota Department of Transportation owns the right-of-way for the
subject stretch of Chestnut Street; and
WHEREAS, the Minnesota Department of Transportation is willing to lease the subject
right-of-way to the City for use as civic space.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
approves the Commercial Lease with the Minnesota Department of Transportation dated April
16, 2019.
Adopted by the Stillwater City Council this 16th day of April, 2019.
CITY OF STILLWATER
Ted Kozlowski, Mayor
ATTEST:
Beth Wolf, City Clerk
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comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual
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information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of
discussion will be scheduled for a future board meeting.
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: :County
BOARD AGENDA
Board of Commissioners
Fran Miron, District 1
Stan Karwoski, Chair, District 2
Gary Kriesel, District 3
Wayne A. Johnson, District 4
Lisa Weik, District 5
April 9, 2019 - 9:00 AM
Assistive listening devices are available for use in the County Board Room
If you need assistance due to disability or language barrier, please call (651) 430-6000
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
1. 8:15 Finance Committee
2. 9:00 Roll Call
Pledge of Allegiance
3. 9:00 Comments from the Public
Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue
is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board
Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your
comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual
Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit
an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's
responsibilities.
4. 9:10 Consent Calendar - Roll Call Vote
Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to
pull a Consent Calendar item(s) for discussion and/or separate action.
A. Approval of the March 26, 2019, County Board meeting minutes.
B. Approval to close Fund #455 - 2011A General Obligation Capital Note Bond Projects.
C. Approval to waive the five-year contract term for Contract 6512 with Insightsoftware.com.
D. Approval to enter into a Memorandum of Understanding with South Washington Watershed
District (SWWD) for alternative compliance.
E. Approve a joint powers agreement with the City of Bayport, Minnesota, to provide fuel to the
city for law enforcement services and authorize its execution pursuant to Minn. Stat. 373.02.
F. Approval for the Sheriff's Office to accept the 2018 State of Minnesota Federal Boating Safety
Supplemental Equipment Grant through the Minnesota Department of Natural Resources in the
amount of $6,580.
5. 9:10 Community Thread Presentation - Sally Anderson, Executive Director
A. Adopt a resolution recognizing volunteers of Community Thread for their exemplary volunteer
service, and acknowledging the contributions of volunteers to our community.
6. 9:40 Accounting and Finance - Tabatha Hansen, Director
A. Adopt a resolution declaring the official intent of the county to reimburse certain expenditures
for various capital improvement projects identified in the 2019-2023 Capital Improvement
Plan.
B. Adopt a resolution declaring the official intent of the county to reimburse certain conservative
activities under Washington County's Land and Water Legacy Program from the proceeds of
tax-exempt bonds to be issued by the county.
7. 9:45 Attorney's Office - Pete Orput, County Attorney
A. Adopt a resolution recognizing National Crime Victims' Rights Week, April 7-13, 2019.
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EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER
A. Adopt a resolution designating April 10, 2019 as "Wear Orange Day" to promote Work Zone
Awareness Week in Washington County.
9. 9:55 Sheriff's Office - Sheriff Dan Starry
A. Adopt a resolution recognizing the 9-1-1 Public Safety Dispatchers in Washington County in
honor of National Public Safety Telecommunicators Week, April 14-20, 2019.
10. 10:00 General Administration - Molly O'Rourke, County Administrator
A. Approval to waive water testing fees in response to flooding.
B. Legislative Update
11. 10:10 Commissioner Reports - Comments - Questions
This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and
information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of
discussion will be scheduled for a future board meeting.
12.Board Correspondence
13. 10:25 Executive (Closed) Session - Public Works
A. Review a proposed settlement agreement for the acquisitions on parcels 12.029.21.44.0006 and
13.029.21.11.0001, as part of the County State Aid Highway (CSAH) 15 and CSAH 14
Realignment and Safety Improvement Project.
14. 10:45 Adjourn
15. 10:50-11:50 Board Workshops with Administration - June Mathiowetz, Senior Planner
A. Update on the Carnelian Creek Corridor Land and Water Legacy Program project.
B. Consider a new Land and Water Legacy Program project in Cottage Grove.
16. 11:55-12:10 Lunch
17. 12:10-12:30 Board Workshop with Community Services - Aurelio Curbelo, Policy Analyst
A. Update on 2 Gen Whole Family Systems Grant through the Minnesota Department of Human
Services to create programming around whole families in the child welfare system.
8. 9:50 Public Works - Don Theisen, Director
Washington
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