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2019-06-04 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 4, 2019 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I.CALL TO ORDER II.ROLL CALL III.OTHER BUSINESS 1.Riverbank Stabilization Project Update from AMI 2.Development of Nuisance Ordinance 3.State 2020 Capital Funding Request – Bergstein Buildings Restoration Project 4.Water Board Update IV.STAFF REPORTS 5.2019 Flood Information 6.Police Chief 7.Fire Chief 8.City Clerk 9.Community Development Dir. 10.Public Works Dir. 11.Finance Director 12.City Attorney 13.City Administrator V.RECESS 7:00 P.M. AGENDA VI.CALL TO ORDER VII.ROLL CALL VIII.PLEDGE OF ALLEGIANCE IX.PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 14.Certificate of Appreciation ‐ Community Thread X.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. XI.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. 15.May 21, 2019 regular and closed session meeting minutes 16. Payment of Bills 17. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways – Ordinance 2nd Reading 18. Permanent Easement for Drainage and Utility Purposes 19. Operation of horse drawn carriage rides on City Streets – RESOLUTION 20. Human Rights Commission – New Member Appointment XII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 21. CPC Case No. 2019 to consider amendment to City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance, and Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements. Notice was published in Stillwater Gazette on May 3, 2019 – Ordinance 1st Reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 22. Lumberjack Days 2019 Event and Temporary Liquor License 23. Bid Award on 2019 Street Improvement Project (Project 2019‐02) – RESOLUTION 24. Approval of Engineering Services for Downtown Lighting Study ‐ RESOLUTION 25. Opera on the River Fee Waiver Request 26. Demolition Designation Study ‐ 615 Broadway Street South 27. Demolition Designation Study ‐ 116 Harriet Street North XV. COUNCIL REQUEST ITEMS XVI. ADJOURN f• CITY OF STILLWATER RIVERWALK AND RIVERBANK STABILIZATION PROJECTCity Council Workshop: June 4, 2019City of StillwaterShawn SandersAMI Consulting EngineersKaren Keenan, PEColin Ose, EIT Riverwalk and Riverbank Stabilization Project Project OverviewProject to Date Public MeetingsProject ScheduleQuestions Project Overview2015 Bridgeview Park Master Plan1,200lf pedestrian trail from Lowell Park to the Bergstein BuildingsStabilize eroded areasCreate three overlooks $3.3M Project Riverwalk at Dock CaféTrail10’ wide concrete trailSoldier pile wall with concrete panels & steel capWrought iron fenceConnects to City propertyAlignment OptionsRiverside within Existing EasementRiverside east of Existing EasementBetween Dock Café & Tin Bins Riverwalk at Dock CaféExisting ConditionsProposed Walkway Riverwalk at Boat & PacketNew pedestrian trail adjacent to bike trailStabilize slopes with rip‐rapOverlook #1 –Boat accessConnects at Bergstein warehouse Slope Stabilization & OverlooksStabilize Slopes with Vegetated Rip‐rapOverlook 2 and 3Creates Connection to Loop Trail Project to dateInitial designField informationSurvey – topography & utilitiesBathymetric surveyGeotechnical evaluationPermitsArmy Corps – hydraulic modelDNR – potential Higgins Eye Pearly mussel Planned Public MeetingsTask Name StartCity Council work session6/4/19Downtown parking commission6/20/19Design Open houseFall 2019Construction Open houseWinter 2019 Project ScheduleDesign On‐goingBid Advertise Fall 2019Notice to Proceed Winter 2019Complete Construction December 2020 QUESTIONS ?CITY OF STILLWATER RIVERWALK AND RIVERBANK STABILIZATION PROJECTCity of StillwaterShawn SandersAMI Consulting EngineersKaren Keenan, PEColin Ose, EIT APPROVING 2019 LUMBERJACK DAYS SPECIAL EVENT, 2019 LUMBERJACK DAYS AGREEMENT, WAIVER TO THE CITY'S NOISE ORDINANCE AND TEMPORARY LIQUOR LICENSE WHEREAS, The Locals have submitted a 2019 Special Event application for review and approval by the City staff and City Council; and WHEREAS, as part of that review, a waiver to the City's Noise Ordinance is required as the event will pass the 10:00 p.m. requirement (City Code Section 38-3, Subd. 3). BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota,that the 2019 Lumberjack Days Special Event is hereby approved subj ect to coordination of the event with the City's police,fire and public works departments to meet all City requirements,approvals from other government agencies and entities; and BE IT FURTHER RESOLVED the temporary liquor license and waiver to the City's Noise Ordinance is hereby approved; and BE IT FURTHER RESOLVED,that the Stillwater City Council authorizes the Mayor and City Clerk to sign the 2019 Lumberjack Days Agreement between The Locals and the City of Stillwater. Adopted by the City Council of the City of Stillwater this 4th day of June, 2019. Mike Polehna,Vice Mayor ATTEST: Beth Wolf, City Clerk From Stacey Kislenger, Director of Stillwater Residence June 3, 2019 I have been around Stillwater residence since my mom started in 1988. I was 11 years old, wide eyed and clueless to what was behind the doors to my mom's work. I remember having to go to mom's work because with 3 of us around the same age we couldn't be alone at the house and not fight, argue, and make repeated calls to my mom before 8am. So we'd sit in the living room with the residents. As they had breakfast we would eat ours. "These people" .. became my family over the years. Some would come, some would go, but the core group was the same. Very similar to now. The ages were an older crowd mostly but as the years went by the group changed to a new dimension of people. Not a bad change but a different change. Over the years I have worked at Stillwater from working in the kitchen to housekeeping to med room and now I am the director of Stillwater Residence. Over the years I have learned about things that I would have never learned about had I not worked there. I work with people that have lived in conditions that I only have seen in movies. That families never celebrated holidays because the parents were busy getting high or in jail. People that have made bad decisions and have to live with what they have done and still overcome odds against them. People that have come from poor families, rich families, no families. Mental illness is not contagious. It doesn't matter where you come from, who you are, where you've been. It doesn't discriminate. You can't "cure" it. It's something I would never wish on anyone. I wish people could take 10 min and live the life of one of the residents. Nobody understands the voices people hear that they can't get to go away. The torture of not being "normal". The anxiety attacks. The thoughts of not wanting to go on and ending their lives. For some Stillwater Residence is all they have. They finally have a place where THEY feel secure and safe. They aren't there to hurt anyone or cause problems. They are there to be a part of a recovery, a family, a stepping stone to make things right, just live and not be judged. For some to finally breathe. I've heard about the small spaces they have and how many people in one house, but has anyone stopped to ask them what they think ? Stillwater Residence is a choice.. it's not a punishment or someone being forced to be there. Their "60 square feet of space" (most are bigger) is better than the tent off the freeway, the park bench, the cold ground, the dirty sidewalk. Eating meals maybe every other day or out of a garbage can. Yes, this is what some have come from!! Instead they have a place to call home, meals, electric, running water, they have medications, doctor appointments, companionship, friends, supervision. They have people that truly care about them. This is not just a job for me. These residents are my family as well. I care about them. I feel pain when they are hurting. I work 24 hours a day 7 days a week and wouldn't change a thing. I will always take a call from a resident having a hard time and all they need is someone to talk to. I have residents that have left and come back to visit because they are grateful to have had Stillwater Residence to be at while they needed it. Some people really need to look at the bigger picture. Be thankful you or anyone in your family has not had issues with mental illness or chemical dependency. It is a long illness that nobody chooses. It was the hand they were dealt in life. I am thankful to have met each and every one of the residents that have been through the doors ... good or bad. Each has shown me that we need to have compassion for each other. We need to help each other. We need to reach out to others because we never know what others have been through in life or where they came from. Mental illness could happen to anyone .. our sons, daughters, parents, friends. Instead of shunning the unknown, embrace and learn. These are people with feelings and emotions. They are smart, intelligent, caring, funny and just need to belong like everyone else. I've had my child at the residence since she was 1 week old and have no fear that she would ever be in harm's way just as my mom thought 31 years ago about me and my brothers. We have made changes over the years as the times have changed. We will never be a "perfectly" run facility but we try everyday to make a difference for those with challenges placed in front of them. We try to go above and beyond what is expected of us as a facility. We want the best services we can provide for our residents. We encourage anyone that hasn't been by to come over, meet the residents, meet the staff. Get to know the unknown behind the walls of 220 West Olive Street. Get to know the wonderful people we have living there. Put aside what you've been told or what you think you know. They are an amazing group of people with hearts that are full of love for the people around them. SLKislenger@yahoo.com Page1 LISTOFBILLS 106GroupLtd. 615BroadwayͲDesignationStudy 637.97 AdvanceAutoParts Equipmentrepairsupplies 320.67 AmanoMcGannInc Repairticketdispenser 625.35 AmericanPumpCompany PumprentalͲflood 36,291.00 AMIConsultingEngineersPA Riverbankstabilization 32,782.40 ArtReachSt.Croix LowellParkUtilityBoxMuralProject 600.00 AutoNation Vehiclerepair212 113.54 AxonEnterprises Tasers 7,136.00 BlueTarpFinancial Equipmentrepairsupplies 19.98 BoardofWaterCommissioners MetersforPioneerPark 1,476.14 BoltonandMenkInc. 2019Streets 5,020.00 BoyerTrucks Replace3enginechassisharnesses 13,648.36 BrockWhiteCo.LLC SiltsockͲflood 657.82 BurksTreeandLandscapeCare TreeCare 1,690.00 CalAtlanticHomes GradingEscrowRefund 6,000.00 CDWGovernmentInc. Equipment 595.71 CenturyLink Telephone 140.12 CintasCorporation Uniforms&Matcleaning 496.93 ColePapers Towels 97.36 Comcast Internet&Voice 322.55 Core&Main Sewerlid 95.00 CoveralloftheTwinCities Commercialcleaningservices 540.00 CubFoods Grocery 83.57 CurbMastersInc. PaintingatTeddyBearPark 3,308.77 Dalco Janitorialsupplies 365.97 DaveyTreeExpertCo RefundofCommercialLawnFertilizerPermitFee 250.00 ECMPublishers Publications 99.75 EvidentInc. Niktests 181.00 FitzgeraldLawnCareInc RefundofCommercialLawnFertilizerPermitFee 250.00 FlexiblePipeToolCo. Equipmentrepair 3,473.55 FraleyThomas Tools 37.95 GertensWholesale Flowers 905.91 GoodyearCommercialTire Tires 598.04 Grainger Supplies 379.90 GreinerMichael Reimburseformileage 144.07 GroupMedicareblueRX RetireePrescriptionsIns 2,569.00 HenricksenPSG CityHallProject 607.15 HeritagePrintingInc. Businesscards 51.90 HudsonRodGun&ArcheryClub Rangeuse 100.00 KermitsDisposalofForestLake Demolition10yardbox 300.00 KeiserGretchen UtilityBillingRefund 79.55 L.T.G.Power Carburetor 75.15 LCSLawn&TreeServices RefundofCommercialLawnFertilizerPermitFee 250.00 LeagueofMNCities Conferencefees 900.00 MailFinanceInc Postagemachinelease 455.01 Page2 MansfieldOilCompany Fuel 4,346.16 MarshallElectricCompany Repairtruckliftinshop 702.00 Menards Supplies 1,801.90 MetropolitanMechanicalContractors Maintenance 813.00 MyAlarmCenter AlarmMonitoringServices 105.12 NaturescapeInc RefundofCommercialLawnFertilizerPermitFee 250.00 OfficeDepot Officesupplies 643.59 O'ReillyAutoParts Equipmentrepairsupplies 36.55 PerformancePlusLLC Drugscreen 360.00 PrimaryProductsCo. Purplenitrilegloves 100.40 ProͲTecDesign Equipmentrepaircharges 142.50 PullenAnnetteMarie Therapy 90.00 QuillCorporation Officesupplies 63.25 RainbowTreeCare RefundofCommercialLawnFertilizerPermitFee 250.00 RehnCodeConsultingServices Planreview 4,252.89 RoboleDonna ReimburseforConferenceRegistration 250.00 SafeFastInc Storagecabinet 1,316.85 SafetySigns TrafficcontrolͲflood 3,000.00 SFMobileVision SquadCarVideoMDCVideo 10,342.00 ShiltsCindy Reimburseforcashgratuityforvehicledetailing 60.00 SiegfriedConstructionCompany Retainingwall 2,488.86 SimplifileLC Filingfees 200.00 SiteOneLandscapeSupply Supplies 576.09 St.CroixBoatandPacketCo. Rampcleaning 810.00 St.CroixRecreationFunPlaygrounds PioneerParkplaystructure 141,009.24 StillwaterandOakParkHeightsCVB QtrlyLodgingTax 41,715.92 StillwaterMotorCompany Vehicleservice 221.71 Streichers Supplies 164.79 T.A.SchifskyandSons Asphalt 200.33 TaylorCoInc TeddyBearParkplaysystem 4,071.96 TransportationSupplyLLC Solarbarricade 469.75 TriͲStateBobcat Equipmentrepairsupplies 1,349.89 TruckUtilitiesInc. Vehicleoutfitting 5,014.00 TruGreen RefundofCommercialLawnFertilizerPermitFee 250.00 TwinCitiesRecreationInc. Newplaygroundequipment 45,250.00 ValleyTrophyInc. Plaques 343.15 VerizonWireless WirelessService 2,138.31 WalmartCommunity Bikerodeo 119.81 WenckConstruction CityHallProject 21,750.00 WSB&AssociatesInc. VetsMemParkImprovements 1,077.30 XcelEnergy Energy 14,552.83 ZieglerInc. Equipmentrepairsupplies 1,919.01 RECCENTER 4FrontLLC Dasher 105.00 AT&TMobility Cellphone 68.47 Page3 CintasCorporation Matcleaningservice 103.00 Comcast TVInternet&Voice 373.65 CorvalConstructors Equipmentrepairsupplies 665.00 Dalco Equipmentrepairsupplies 227.99 HDRArchitecture DomeProject 2,611.28 LifeSafetySystems Inspection 875.00 Menards Equipmentrepairsupplies 617.84 MNDeptofHealth HospitalityFee 40.00 R&RSpecialtiesInc. Equipmentrepairsupplies 1,735.10 LIBRARY BrodartCo Materials 2,934.92 CDWGovernmentInc. PatronRegistrationprinter&labels 112.75 CenterforHearingLossHelp HearingLoops(SPLF) 135.00 HansenColleen StaffReimbursementforsupplies 7.78 MidwestTape Materials 749.33 NACMechanicalandElectricalServices VAVI/ActuatorRepair 1,577.37 One23EventsLLC VenueCoordinationPmt28,000.00 OtisElevatorCompany ElevatorSVCContract 561.00 QuillCorporation Supplies 217.95 StillwaterPrintingCo. TempLibraryCards 30.00 ADDENDUM BoardofWaterCommissioners May2019WAC 9,702.00 GovOffice AnnualHostingFee 1,600.00 MetCouncilMay2019SAC 19,681.20 VerizonWireless PoliceWireless 630.22 TOTAL 492,754.15 AdoptedbytheCityCouncilthis 4thdayofJune,2019 RESOLUTION GRANTING LICENSE TO MATTHEW RYDEEN FOR THE OPERATION OF HORSE DRAWN CARRIAGE RIDES ON CITY STREETS WHEREAS, Matthew Rydeen has made a request for a license to operate a single‐ horse carriage on public roadways; and WHEREAS, the City Council of the City of Stillwater reviewed the request at their regularly scheduled meeting on June 4, 2019 and found it acceptable. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Matthew Rydeen to operate a single‐horse carriage on public roadways subject to the following conditions: 1. Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Matthew Rydeen for his horse drawn carriage. 2. Matthew Rydeen may operate one single‐horse carriage in Stillwater. 3. A license must be applied for annually from the Community Development Department. The license is valid through December 31 of the year issued. 4. No license will be issued or renewed without proof of general liability insurance in the minimum amount of $1,000,000 per occurrence. 5. Operating restrictions and conditions: a. Hours of operation would be no earlier than 10 am and no later than 9 pm. b. The horse drawn carriage must not be operated upon a public trail or sidewalk. c. The horse drawn carriage will be subject to inspection by the City of Stillwater public safety officials. d. The carriage driver must have in his possession a valid driver's license while in control of the carriage, and shall operate the carriage in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. e. The carriage driver must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. f. The approved route and alternate route for the carriage operation is as seen in Exhibit A. g. The City reserves the right to alter or limit carriage operations to specified routes and streets if required for public safety reasons. h. If Sam Bloomer Way or Water Street are inaccessible because of high water or other reasons, the carriage operator must receive approval the Stillwater Police Department for an alternate route. i. The horse and carriage may only stage from private parking lots in the downtown area. j. Animal waste must be cleaned up as soon as practical and disposed of properly. In no instance may it remain overnight on public streets or on private property downtown. k. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license will be placed on the next available City Council agenda for review. Adopted by the Stillwater City Council this 4th day of June, 2019. _____________________________ Mike Polehna, Vice Mayor ATTEST: __________________________ Beth Wolf, City Clerk EXHIBIT A 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING June 4, 2019 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Riverbank Stabilization Project Update from AMI 2. Development of Nuisance Ordinance 3. State 2020 Capital Funding Request – Bergstein Buildings Restoration Project 4. Water Board Update IV. STAFF REPORTS 5. 2019 Flood Information 6. Police Chief 7. Fire Chief 8. City Clerk 9. Community Development Dir. 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. City Administrator V. RECESS 7:00 P.M. AGENDA VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 14. Certificate of Appreciation ‐ Community Thread X. 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. XI. 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. 15. May 21, 2019 regular and closed session meeting minutes 16. Payment of Bills 17. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways – Ordinance 2nd Reading 18. Permanent Easement for Drainage and Utility Purposes 19. Operation of horse drawn carriage rides on City Streets – RESOLUTION 20. Human Rights Commission – New Member Appointment XII. PUBLIC HEARINGS ‐ out of respect for others in attendance, please limit your comments to 10 minutes or less. 21. CPC Case No. 2019 to consider amendment to City Code Chapter 31, Zoning, Chapter 32, Subdivision Ordinance, and Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements. Notice was published in Stillwater Gazette on May 3, 2019 – Ordinance 1st Reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 22. Lumberjack Days 2019 Event and Temporary Liquor License 23. Bid Award on 2019 Street Improvement Project (Project 2019‐02) – RESOLUTION 24. Approval of Engineering Services for Downtown Lighting Study ‐ RESOLUTION 25. Opera on the River Fee Waiver Request 26. Demolition Designation Study ‐ 615 Broadway Street South 27. Demolition Designation Study ‐ 116 Harriet Street North XV. COUNCIL REQUEST ITEMS XVI. ADJOURN Date: May 31, 2019 TO: Mayor and Council FROM: Kori Land, City Attorney SUBJECT: Nuisance Ordinance Options The Council has requested that Staff review the City’s nuisance ordinances to determine how they can be improved to address certain property issues. There are many ordinances that already attempt to address nuisances, such as administrative citations, problem properties, abandoned cars, weeds, noise and many others. While all these ordinances address a particular situation, there is no uniform mechanism for enforcement and the one area that is missing from the Code is how to address unsheltered storage. Attached is a presentation giving some options to use the ordinances that you have in the Code, with some adjustments, and adding or modifying the enforcement tools. While criminal citations are always an option, there are alternative enforcement tools such as: 1. Declaring certain violations of city code as Public Nuisances so that they can be abated and assessed efficiently; and 2. Improving the Administrative Citations process. The overall concept would involve a revision of the Nuisance ordinance to clarify which types of violations of the City Code are public nuisance activities (adding an ordinance for unsheltered storage). The enforcement section of the ordinance would have a process for City Staff to follow, utilizing the most appropriate enforcement tool, which could be abatement, administrative citation or criminal court, depending on the situation. We seek direction from the Council as to how you want us to proceed on developing these ordinances, specifically regarding the following: 1. Do you want us to prepare an unsheltered storage ordinance? 2. Do you want us to revise the Nuisance ordinance so that abatement/assessment is an option for all violations that are declared to be a Public Nuisance? 3. Do you want us to revise the Administrative Citation ordinance to make it more efficient and provide a clearer appeal process with an objective decision‐maker such as the Office of Administrative Hearings? KORI LAND, CITY ATTORNEY JUNE 4, 2019 CODE ENFORCEMENT OPTIONS CODE ENFORCEMENT OPTIONS •Public Nuisances •Administrative Citations •Criminal Citations PUBLIC NUISANCES PUBLIC NUISANCE •“Public Nuisance” definition: Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the city or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the city. PUBLIC NUISANCE •Purpose: Code violations that are removable •Trash •Long grass, weeds, snow •Unsheltered Storage •Vehicles •Trees •Graffiti •Other (danger to public health, safety and general welfare) Will include a comprehensive list of city code sections that if violated, constitute a Public Nuisance PUBLIC NUISANCE •Notice must contain: •Address of violation •Description of violation •Compliance deadline •Statement that city may abate and assess PUBLIC NUISANCE •Emergency Abatement •If there is an immediate danger to the public, then the city may abate the nuisance without notice •Notice must be posted on the property following the abatement PUBLIC NUISANCE •Advantage to PN is that it is resolved •Abate •Send Invoice (add admin. fee) •Assess •Ability to Appeal ADMINISTRATIVE CITATIONS ADMINISTRATIVE CITATIONS •Admin. Cit. apply to: •Any code violation that cannot be abated •Fees that were not paid but cannot be assessed ADMINISTRATIVE CITATIONS •How does a City create a system for issuing Administrative Citations? •Adopt Charter Amendment (need to do): •Allowing City Council to establish a procedure by ordinance to impose civil penalties for a violation of city ordinances •Allowing Council to pass an ordinance enabling unpaid civil penalties to be assessed against the property where the violation occurs ADMINISTRATIVE CITATIONS •Notice must be sent that states: •Property address of violation •City Code Section •Compliance deadline (reasonable) •Statement that failure to comply may result in an Administrative Citation •Amount of the penalty ADMINISTRATIVE CITATION •No notice is required for: •Second offense within 12 months (same or similar) •City License violations •Parking •Animals •Noise •Fire Code •Emergency situations ADMINISTRATIVE CITATIONS •If violation is not corrected, then an Administrative Citation may be issued •Administrative Citation must be served by: •Regular mail •Personal service ADMINISTRATIVE CITATIONS •Content of Administrative Citation: •Property Address •City Code section •Amount of penalty •Statement that failure to correct will result in another Administrative Citation •Statement that failure to pay may result in the fee being assessed ADMINISTRATIVE CITATION Citation issued Citation is paid and violation is corrected No further action at this time Citation is paid, violation is not corrected Second admin. citation issued or criminal citation issued Citation is appealed Hearing Citation is not paid Assess Criminal citation issued CIVIL ADMINISTRATIVE CITATIONS •Hearing Officers •An attorney; or •Administrative Law Judge from the Office of Administrative Hearings •Area of expertise •Efficiencies: computer recordings, creation and issuance of orders •Hearing location-formal setting or by interactive TV •Scheduling: 1-2 days per month •Hourly rates •Objective ADMINISTRATIVE CITATION ALJ/hearing officer Hearing If violation is upheld, violator must pay up to $1,000 toward hearing costs If penalty is not paid, city may assess If not assessable, may issue criminal citation for failing to pay If fails to appear, default judgment APPEAL PROCESS CRIMINAL CITATIONS CRIMINAL CITATIONS •Any violation of the code is a misdemeanor (unless otherwise stated) •If Abatement is not an option •If fees are not paid and they do not own property •Failure to pay a fee is a violation of the code •If they continue to ignore Administrative Citations Penalty is fine or jail CODE ENFORCEMENT OPTIONS QUESTIONS? Administration TO: Mayor and City Council FROM: Tom McCarty, City Administrator DATE: May 28, 2019 SUBJECT: State of Minnesota 2020 Capital Budget Request BACKGROUND The Minnesota Department of Management and Budget (MMB) has provided notice to local governments that any State 2020 capital funding requests must be submitted to MMB by June 14, 2019 in order to be considered in the next state legislative session (see attached MMB Memo). In general, state capital funding requests that have regional public impact and a 50% funding match stand a better likelihood of funding support through the State's bonding process. The capital funding request also requires submittal of any background studies and architectural/engineering analyses that have been completed for the proposed project. And the City Council must be in support of the project funding request. Staff has reviewed the City's 2019-2023 Capital Improvement Plan for projects that could be submitted State 2020 capital funding (See attached 2019-2023 CIP Summary). The Bergstein Buildings Restoration project is scheduled for 2020 at an estimated cost of $1,600,000. A preliminary architectural analysis including possible uses of the historic buildings was completed in 2015. The business plan for use of the Bergstein buildings is scheduled to be completed this year and there is the possibility of partnerships with other entities and additional funding sources to redevelop and reuse the historic Bergstein buildings along the St. Croix River and adjacent to the Loop Trail. Submittal of a 2020 Capital Budget request provides the potential to partner with the State for up 1h of the project cost and will present a legislative priority for the City in the next legislative session in 2020. There are also a number of future City projects that will have a regional public impact and may be appropriate for submittal for state funding in future years, though the background analyses have not yet been completed. These projects include: Aiple Property Park Development, Bridgeview Park Development, Municipal Boat Dock, and potentially future projects at the St. Croix Valley Recreation Center. ACTION Staff recommends that the City Council support the submittal of a State 2020 Capital Budget request through MMB for the Bergstein Buildings Restoration project scheduled to commence in 2020 . m, Memo MANAGEMENT AND BUDGET Date: May 2, 2019 To : Officials of Local Governments and Political Subdivisions From: Myron Frans, Commissioner h/ II RE: 2020 Capital Budget Instructions I am pleased to present the 2020capital budget instructions. Capital project requests are due to Minnesota Management and Budget through the Capital Budget System (CBS) by June 14. Prosperity and opportunity for all people in all parts of our state stems from the well-being of their community. While communities across Minnesota may look different, many share the same goals and face the same challenges. Governor Walz's capital budget will continue to focus critical projects and strategic investments across the state and give local leaders tools they need to succeed, with particular focus on projects that: • Address life and safety issues • Preserve existing infrastructure and repair existing facilities before starting new projects • Minimize construction tails and operating costs Key dates • June 14, 2019 -Complete preliminary requests are due to Minnesota Management and Budget through the Capital Budget System (CBS). • July 15, 2019 -MMB submits all local government requests to the Legislature (required by law). • Oct. 18, 2019 -Final bonding project requests are due in CBS for consideration by the Governor. • Jan. 15, 2020 -Governor Walz presents the capital budget to the Legislature. How to submit your 2020 capital budget • Access and review the capital budget instructions on MM B's Capita l Budget website . Here you will find frequently asked questions (FAQs) on the capital budget timeline, process, and policies, as well as an instruction document for entering requests into the Capital Budget System (CBS). These instructions include the inflation schedule for the 2020 capital budget, information about allowable uses of general obligation bond proceeds, and guidance on capital grants and use agreements. • Get access to the Capital Budget System if you don't have it (see "System Access" sect ion of the CBS webpage ). • View CBS training materials (see "System Traini ng Materials" sect ion of the CBS w e bpage ). • Submit your requests in CBS by June 14. 2020 Cap ita l Budget Instructi ons 1 City of Stillwater, Minnesota Capital Improvement Plan 2019 thru 2023 PROJECTS BY DEPARTMENT Department Project# Priority 2019 2020 2021 2022 2023 Total Administration I Laser Workgroup Printer 19-4040-004 2 2,000 2,000 Computer/Laptop Replacement 20-4040-001 2 1,800 1,800 3,600 7,200 lpad/Tablet Replacement 20-4040-002 2 1,200 1,200 Scanner 21-4040-005 2 800 800 Copier Replacement 23-4040-003 2 18 ,000 18 ,000 Administration Total 2,000 3,000 2,600 3,600 18,000 29,200 Buildini In pection I Inspection Printers for Vehicles 19-4080-073 2 2,000 2,000 !Pad/Tablet Replacement 20-4080-002 2 2,000 2,000 Plotter 20-4080-052 2 5,000 5,000 Scanner 21-4080-005 2 800 800 Computer/Laptop Replacement 22-4080-001 2 3,600 3,600 Building Inspections Total 2,000 7,000 800 3,600 13,400 ivil Defense I Emergency Operations Center Funding 19-4085-067 25 ,000 25,000 Civil Defense Total 25,000 25,000 Community Development I Computer/Laptop Replacement 19-4055-001 2 900 1,800 900 900 1,800 6,300 !Pad/Tablet Replacement 19-4055-002 2 1,200 1,200 Pooled Lease Vehicle 19-4055-129 2 5,000 5,000 5,000 5,000 5,000 25,000 Entrance Monument 19-4055-715 3 50 ,000 50,000 Plotter 20,4055-052 2 5,000 5,000 Bergstejg Bujld ings Restoration 20-4055-504 2 1,600 ,000 1.600,000 Downtown F a~ade Program 20-4055-600 3 500 ,000 500,000 Historical Building Renovation Loan Program 20-4055-601 4 500,000 500,000 Aiple Property -Park Development 20-4055-707 2 0 0 Scanner 21-4055-005 2 800 800 Chestnut Street Plaza 21-4055-839 2 0 0 Olive & 2nd Street Municipal Parking Ramp 22-4055-506 2 10 ,000 ,000 10,000,000 Streetscape Improvements for Commercial Ave 22-4055-808 3 0 0 Community Development Total 57,100 2,611,800 6,700 10,005,900 6,800 12,688,300 Eniine rini I Computer/Laptop Replacement 19-4090-001 2 1,800 900 1,800 1,800 6,300 Engineering Vehicle 19-4090-109 1 32 ,000 32,000 !Pad/Tablet Replacement 20-4090-002 2 600 600 1,200 Plotter 20-4090-052 2 5,000 5,000 Scanner 21-4090-005 2 800 800 GPS Remote Sensing 22-4090-200 2 31,000 31 ,000 City ofStillwater's Capital Improvement Program 20/9-2023 Page 1 Department Project# Priority 2019 2020 2021 2022 2023 Total Engineering Total 33,800 6,500 800 32,800 2,400 76,300 Finance I !Pad/Tablet Replacement 20-4030-002 2 600 600 1,200 Scanners 21-4030-005 2 3,200 3,200 Computer/Laptop Replacement 22-4030-001 2 3,600 3,600 Finance Total 600 3,200 3,600 600 8,000 Fire I Computer/Laptop Replacement 19-4070-001 2 3,300 4,800 900 1,800 3,300 14,100 !Pad/Tablet Replacement 19-4070-002 2 2,400 1,800 1,200 2,400 1,800 9,600 Building Surveillance Camera Replacement 19-4070-007 2 4,700 3,600 4,700 13,000 Emergency Vehicle Mobile Data Devices 19-4070-030 2 2,000 5,000 2,000 2,000 5,000 16,000 Apparatus Replacement 19-4070-121 400,000 300,000 300,000 300,000 300,000 1,600,000 Staff Command Vehicle Leases 19-4070-124 30,000 30,000 30,000 30,000 60,000 180,000 Paging and Station Alerting Equipment 19-4070-206 10,000 6,000 6,000 6,000 6,000 34,000 Turn Out Gear 19-4070-207 18,000 18,000 18,000 18,000 18,000 90,000 Replace/Upgrade SCBA 19-4070-208 300,000 300,000 Public Safety Radio System 19-4070-209 25,000 25,000 25,000 25,000 25,000 125,000 Technical Rescue Equipment 19-4070-243 1 6,000 6,000 6,000 6,000 6,000 30,000 Facilities Maintenance 19-4070-936 2 10,000 10,000 25,000 25 ,000 25,000 95,000 UV Window Protection 19-4070-943 1 15,000 15,000 Wireless Access Point Replacement 20-4070-011 2 5,600 5,600 Conference/Training Room Equipment 20-4070-013 2 10,000 10,000 Camera Storage Server 20-4070-034 2 2,500 2,500 Switch 22-4070-014 1 12,000 12,000 Host Replacement 22-4070-034 2 13,000 13,000 Copier 23-4070-003 6,000 6,000 Fire Total 826,400 424,700 417,700 441,200 460,800 2,570,800 Human Resources I HR Software Upgrade 19-4035-008 2 3,000 3,000 6,000 Computer/Laptop Replacement 20-4035-001 2 900 900 Scanner 21-4035-005 2 800 800 Human Resources Total 3,000 900 3,800 7,700 Llbnll'I I Upgrade Staff Computers, Laptops and Tablets 19-4230-001 11,600 7,400 4,000 14,350 37,350 Upgrade Copier/Printer -Public 19-4230-003 2 8,000 8,000 16,000 Upgrade/Add Security Cameras 19-4230-007 3,800 1,500 1,500 3,000 9,800 Software Licenses 19-4230-019 5,500 0 0 5,800 0 11,300 Upgrade Public Access Internet Computers 19-4230-037 14,000 14,000 14,000 42,000 SelfCheck Upgrade 19-4230-039 12,200 40,000 52,200 RFID Pads 19-4230-057 1 1,500 1,500 1,500 1,500 1,500 7,500 Upgrade AV/Projection 19-4230-063 4 500 10,000 10,500 Upgrade UPS Network 19-4230-07 4 1 2,000 2,000 LED Light Conversion 19-4231-241 2 12,500 12,500 12,500 37,500 Upgrade Building 19-4231-926 10,000 10,000 Upgrade Furnishings 19-4231-929 5,000 5,000 5,000 5,000 5,000 25,000 Reconstruct Pergola 19-4231-946 50,000 50,000 Upgrade Wireless Access Points 20-4230-011 10 ,000 10,000 Upgrade Network Switch 20-4230-014 4 12,000 12,000 Upgrade Mobile Laptop Lab 21-4230-045 2 8,000 8,000 City ofStillwater's Capital Improvement Program 20/9-2023 Page 2 Department Project# Priority 2019 2020 2021 2022 2023 Total Upgrade Copier/Printer -Staff 21-4230-056 2 7,200 7,200 Upgrade Roof 22-4231-934 16,000 16,000 Library Total 136,600 71,900 75,700 35,300 44,850 364,350 Mayor & Council I Digital Recording System 19-4000-016 2 5,000 5,000 IPadfTablet Replacement 20-4000-002 1,200 1,800 1,200 4,200 Mayor & Council Total 5,000 1,200 1,800 1,200 9,200 MIS I Computer/Laptop Replacement 19-4020-001 2 2,700 1,800 2,700 7,200 IPadfTablet Replacement 19-4020-002 2 600 600 1,200 Website Upgrades 19-4020-012 2 20 ,000 20,000 Virtualized Host Environment 19-4020-018 2 13,000 13,000 26,000 Antivirus Software Licensing 19-4020-019 7,400 7,400 7,400 7,400 7,400 37,000 Microsoft Software Licensing 19-4020-020 1 32,000 32,000 32 ,000 32,000 32,000 160,000 E-Mail-lnternet Filtering Software 19-4020-021 2 3,000 3,000 3,000 3,000 3,000 15,000 Network Infrastructure Upgrade 19-4020-025 2 3,000 3,000 3,000 3,000 3,000 15,000 MOM (Mobile Device Management) Software 19-4020-065 2 1,500 1,500 1,500 1,500 1,500 7,500 Help Desk/Inventory Software 19-4020-069 2 4,000 2,000 2,000 2,000 2,000 12,000 Enterprise Resource Software for City Operations 19-4020-070 250,000 250 ,000 500,000 Switch 20-4020-014 2 20,000 12,000 32,000 Portable Projector 20-4020-015 2 1,000 1,000 Firewalls 20-4020-027 2 10,000 10,000 Network Backup Solution 23-4020-024 1 28,000 28,000 SAN (Storage Area Network) Replacement 23-4020-064 2 75,000 75,000 MIS Total 337,200 329,900 63,700 49,500 166,600 946,900 Parkin! I Parking Enforcement Lease Vehicle 19-4720-12 3 2 5,000 13 ,000 5,000 5,000 5,000 33,000 Switch 19-4725-014 2 6,000 6,000 Entrance & Exit Equipment for Parking Ramp 19-4725-229 2 120,000 120,000 Mill & Overlay Municipal Parking Lot #11 20-4720-825 2 28,000 28,000 Computer/Laptop Replacement 21-4720-001 2 900 900 Firewall Replacement 22-4720-027 2 1,500 1,500 Security Camera Replacement/Upgrade 22-4725-010 2 3,500 3,500 Parking Total 131,000 41,000 5,900 10,000 5,000 192,900 Parks I Computer/Laptop Replacement 19-4240-001 2 1,800 900 1,800 4,500 Upgrade Security Cameras at Teddy Bear Park 19-4240-010 2 10 ,000 4,000 14,000 Copier Replacement 19-4240-056 2 1,500 1,500 John Deere 4720 Tractor 19-4240-119 2 75 ,000 75,000 Parks Chevrolet 112 Ton Pick-Up 19-4240-120 2 25,000 25,000 Snow Blower For John Deere 2720 Tractor 19-4240-223 5,000 5,000 5,000 15,000 John Deere Turf Utility Vehicle 19-4240-257 40 ,000 40,000 Palmer Park 19-4240-705 50,000 75,000 125,000 Replace Play Structures 19-4240-708 1 160 ,000 80,000 80 ,000 80,000 80,000 480,000 Install Irrigation 19-4240-709 2 50,000 50,000 35,000 50 ,000 185,000 Hard Court Rehabilitation 19-4240-710 1 122,000 112,000 112,000 346,000 Annual Trail Improvements 19-4240-711 3 40 ,000 40,000 45,000 50 ,000 175,000 Concrete Stairs Rehabilitation Project 19-4240-823 1 240,000 160,000 400,000 Water Street Elevated Walk 19-4240-838 2 30 ,000 30,000 30,000 30,000 120,000 City ofStillwater's Capital Improvement Program 20/9-2023 Page 3 Department Project# Priority 2019 2020 2021 2022 2023 Total iPadrr ab let Replacement 20-4240-002 2 700 700 Wireless Access Point Replacement 20-4240-011 2 1,000 1,000 Uniterruptible Power Supply (UPS) 20-4240-07 4 2 500 500 72" Zero Tum Mower 20-4240-222 6,000 6,500 12,500 Snow Blower For John Deere 1025R Tractor 20-4240-224 1 4,000 4,000 8,000 Downtown Overhead Line Replacement 20-4240-824 3 2,500,000 2,500,000 Switch 21-4240-014 2 1,500 1,500 John Deere Gator 21-4240-256 2 25,000 25,000 Security Camera Replacement 22-4240-059 2 800 800 Municipal Boat Dock 22-4240-501 2 2,200 ,000 2,200,000 St. Croix River Public Boat Landing/Fishing Pier 22-4240-502 2 500 ,000 500,000 Boutwell Cemetery 22-4240-701 2 75 ,000 75,000 Bridgeview Park Improvement 22-4240-707 2 4,000,000 4,000,000 Parks Total 610,300 3,139,200 493,500 6,997,200 90,800 11,331,000 Permanent Imerovement I St. Croix Riverbank Stabil ization 19-4451 -505 3,300 ,000 3,300,000 Neal Avenue Street Improvement 19-4451-801 2 200 ,000 1,200 ,000 1,400,000 Downtown Streetscape Improvements 19-4451-810 80 ,000 80,000 160,000 Annual Street Improvement Project 19-4451 -811 2,200 ,000 2,200,000 2,400 ,000 2,400 ,000 2,500 ,000 11 ,700 ,000 CSAH 5 Brick Street to Sycamore 19-4451-833 2,650,000 2,650,000 Veterans Memorial/Cub Parking Lot Improvements 19-4451-835 100 ,000 100,000 CSAH 5 Sycamore Street to TH 96 19-4451-842 2 2,500 ,000 2,500,000 Police Department/City Hall Renovation 19-4451-905 2 450,000 450,000 Lily Lake Final 45 20-4451-716 2 1,000,000 1,000,000 Annual Sidewalk Rehabilitation Project 20-4451-816 100 ,000 100,000 200,000 Curve Crest Boulevard Connection 21-4451-800 2 1,500,000 1,500,000 TH 36 and Mann ing Interchange 21-4451-830 2 1,300,000 1,300,000 Myrtle Street Concrete Pavement Reconstruction 21-4451-832 1,500 ,000 1,500,000 Permanent Improvement Total 8,980 ,000 7,080,000 6,700,000 2,500,000 2,500,000 27,760,000 Plant/Cit~ Hall I Key Card Door Locks 19-4050-051 2 1,500 1,500 1,500 1,500 1,500 7,500 Council Dias and Gallery Chairs 20-4050-238 3 3,000 3,000 City Hall Tuckpointing Project 20-4050-942 2 100,000 100,000 Wireless Access Point Replacement 21-4050-011 2 8,000 7,000 15,000 Conference Room Equipment 21 -4050-013 2 7,000 7,000 7,000 21 ,000 Telephone System Upgrade 21-4050-017 25,000 25,000 2nd & 3rd Floor Public Area Carpet Replacement 21-4050-928 2 15 ,000 15,000 30,000 Replace Public Works 5th Street Facilities 21-4050-935 2 2,000 ,000 2,000,000 Building Monitor ing Cameras 22-4050-010 2 8,000 9,600 17,600 Camera Storage Server 22-4050-061 2 13,000 13,000 Plant/City Hall Total 1,500 104,500 2,056,500 51,500 18,100 2,232,100 Police I Computer/Laptop Replacement 19-4060-001 2 3,600 2,700 26,400 1,800 1,800 36,300 iPad{Tablet Replacements 19-4060-002 2 600 1,800 600 3,000 Covert Alarm 19-4060-007 2 5,000 5,000 Squad Car Video 19-4060-029 2 14,000 14 ,000 14 ,000 14 ,000 14 ,000 70,000 Emergency Vehicle Mobile Data Computers 19-4060-030 2 15,000 15 ,000 15,000 15,000 15,000 75,000 Forens ics Equipment 19-4060-071 2 10,000 10,000 Squad Video Storage/Server Backend 19-4060-072 2 20,000 20,000 Marked Patrol Vehicles Leases 19-4060-101 58,500 76,500 76 ,500 76 ,500 76,500 364 ,500 Unmarked Squads Lease 19-4060-126 36,000 36,000 36,000 36 ,000 63,000 207,000 City ofStil/water's Capital Improvement Program 20/9-2023 Page4 Department Project# Priority 2019 2020 2021 2022 2023 Total Reserve Police Veh icle Leases 19-4060-127 13 ,500 19,500 12 ,000 12,000 12,000 69 ,000 800 MHz Radios 19-4060-228 100,000 100,000 Squad Rifles 19-4060-235 30,000 30,000 Tasers 19-4060-236 8,000 8,000 16,000 Defensive Tactical Equipment 19-4060-237 2,000 2,000 4,000 Mobile Command Post 20-4060-122 2 125,000 125 ,000 Radar/Speed Monitoring Trailer 20-4060-250 2 15,000 15,000 Workgroup Laser Printer 21 -4060-004 2 2,000 2,000 Police Train ing Room Upgrades 21-4060-063 2 10,000 10,000 Interview Room Cameras 22-4060-062 2 18,000 18,000 Cop ier Rep lacement 23-4060-003 2 6,000 6,000 Police Total 316,200 303,700 203,700 173,900 188,300 1,185,800 Sanitary Sewer I Computer/Laptop Replacement 19-4700-001 2 900 900 900 1,800 900 5,400 Liftstation Conversions 19-4 700 -820 1 125 ,000 150 ,000 125 ,000 150 ,000 125 ,000 675 ,000 Lift Station Upgrades 19-4700-826 2 65 ,000 65,000 65 ,000 65,000 260 ,000 Lily Lake Sewer Liner 19-4700-840 1 90,000 90,000 Lift Station Bldg Maint (Myrtle St & Rutherford) 19-4700-938 2 50,000 50,000 iPadfT ab let Replacement 20-4700-002 2 700 700 Wireless Access Point Replacemen t 20-4 700 -011 2 1,000 1,000 Uninterruptible Power Supply (UPS) 20-4 700-07 4 2 500 500 Generators 20-4700-258 50,000 80,000 130,000 Switch 21-4700-014 2 1,500 1,500 Copier Replacement 22-4700-056 2 2,000 2,000 Security Camera Replacement 22-4700-059 2 800 800 Sewer Van Monitoring Equipment 23-4700-060 2 15,000 15,000 Sanitary Sewer Total 265 ,900 268,100 272,400 219,600 205,900 1,231,900 Siins & Liihtini I Computer/Laptop Replacement 19-4710-001 2 900 900 900 900 3,600 Copier Replacement 19-4710-056 2 1,500 1,500 Speed Display 19-4710-259 10,000 10,000 Paint Line Striper 19-4710-260 15 ,000 15,000 iPadfTablet Replacement 20-4710-002 2 700 700 Wireless Access Point Replacement 20-4710-011 2 1,000 1,000 Uninterruptible Power Supply (UPS) 20-4710-074 2 500 500 Switch 21-4710-014 2 1,500 1,500 Security Camera Replacement 21-4710-059 2 800 800 Sign Shop Printer/Cutter & Software 22-4 710-036 2 15 ,000 15,000 Signs & Lighting Total 27,400 3,100 2,400 15,800 900 49,600 t Cro ix Va ll ~• R ec Center I iPad/Tablet Replacement 19-4202-002 2 1,200 1,200 Security Camera Replacement 19-4202-007 2 4,300 9,500 3,500 4,300 21,600 Telephone System/Upgrade 19-4202-017 1 20,000 20,000 Camera Storage Server 19-4202-061 2 2,500 2,500 Uninterruptible Power Supply (UPS) 19 -4202-074 2 1,300 1,300 Pretzel Warmer/Merchandizer 19-4202-252 1 1,700 1,700 Compressor Rebuild Top End Kits 19-4202-913 5,000 5,000 Security Camera Replacement 19-4204-007 2 2,150 4,100 2,150 8,400 Wireless Access Point Replacement 19-4204-011 2 2,400 2,400 4,800 Switch 19-4204-014 2 4,500 4,500 Point of Sale Software System 20-4202-035 2 8,000 8,000 City ofStilfwater's Capital Improvement Program 20/9-2023 Page 5 Department Project# Priority 2019 2020 2021 2022 2023 Total Kia Vac 20-4202-212 2 9,000 9,000 Score Boards-North & South Rink 20-4202-214 2 35,000 35,000 Skate Tile 20-4202-215 2 40,000 40,000 Rec Center Parking Lot Rehabilitation 20-4202-812 1 300,000 300,000 Water Heater 20-4202-915 2 25,000 25,000 Door Replacement 20-4202-916 2 50,000 50,000 Camera Video Storage Server 20-4204-061 2 1,500 1,500 Computer/Laptop Replacement 21-4202-001 2 2,800 900 900 4,600 Electric Ice Resurfacer 21-4202-125 1 160,000 160,000 Air Monitoring Equipment 21-4202-239 3 10,000 10,000 Addition to South Rink 21 -4202-940 2 4,000 ,000 4,000,000 Compressor-Reouild Top End Kits 21-4204-254 1 6,000 6,000 Roof Replacement 21-4204-933 1 300,000 300,000 Copier Replacement 22-4202-003 2 6,000 6,000 Firewall Replacement 22-4202-027 2 6,000 6,000 Floor Scrubber 22-4202-210 2 10,000 10,000 Lobby Furniture 22-4202-213 2 20,000 20.000 Exhaust Fan (Lily Lake) 22-4202-939 2 5,000 5,000 Firewall Replacements 22-4204-027 2 1,200 1,200 Water Heater 22-4204-915 1 15,000 15,000 Wireless Access Point Replacement 23 -4202-011 2 20 ,000 20,000 Host Replacement 23-4202 -075 2 13 ,000 13,000 Propane Ice Resufacer 23-4202-125 150,000 150,000 Glycol Pumps 23-4202-211 6,000 6,000 Replace Restroom Partitions 23-4202-253 17,000 17,000 Spectator Netting 23-4202-255 8,000 8,000 Roof Replacement 23-4202-933 3,000,000 3,000,000 St Croix Vally Rec Center Total 45,050 478,000 4,486,400 64,100 3,223,750 8,297,300 Storm Sewer I Tunnel Repair 20-4705-818 100,000 100,000 Street Sweeper 23-4705-102 250,000 250,000 Storm Sewer Total 100,000 250,000 350,000 Streets I Computer/Laptop Replacement 19-4100-001 2 4,500 900 900 4,500 10,800 Copier Replacement 19-4100-056 2 1,500 1,500 Chevrolet 1/2 Ton Pick-Up 19-4100-111 25,000 25,000 1 Ton Dump Truck 19-4100-112 95 ,000 105,000 110,000 110,000 110,000 530,000 Bobcat Skidsteer 19-4100-114 3,000 3,000 3,000 3,000 3,000 15,000 Digital Radios 19-4100-231 16,000 16 ,000 32,000 #12 Front Plow 19-4100-251 17,000 17,000 Loader With Snowplow and Wing 19-4100-252 220 ,000 220,000 Public Works Roof 19-4100-922 227 ,000 227,000 Public Works Floor Drains 19-4100-944 60,000 60,000 Floor Rehabilitation 19-4100-945 1 35,000 25 ,000 60,000 iPad/T ab let Replacement 20-4100-002 2 700 700 Wireless Access Point Replacement 20-4100-011 2 1,000 1,000 Uninterruptible Power Supply (UPS) 20-4100-074 2 500 500 Switch 21-4100-014 2 1,500 1,500 Single Axel Truck 21-4100-113 1 250 ,000 250,000 Security Camera Replacement 22-4100-059 2 800 800 Streets Total 704,000 151,200 365 ,400 114,700 117,500 1,452,800 City oJStillwater's Capital Improvement Program 2019-2023 Page 6 Department Project# Priority 2019 2020 2021 2022 2023 Total GRAND TOT AL 12,509,450 15,126,300 15,163,000 20,722,300 7,301,500 70,822,550 City o/Stillwater's Capital Improvement Program 2019-2023 Page 7 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION As an expression of gratitude from the -City of Stillwater, the Mayor and City Council members hereby extend our recognition and appreciation to fj,04 tlwJt ~ "uppoJtt in~ and managuuJ ~ 4 ~ ta WOJt!i nudtip& datµ fil1infJ "~ foJi tfre ffu&l-~ 4 2019, and for outstanding service in support of the City of Stillwater' s mission. Date of Recognition: June 4, 2019 Ted Kozlowski, Mayor 216 4th Street N, Stillwater, MN 55082 651‐430‐8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES May 21, 2019 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Provos Library Director Troendle City Clerk Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation & Presentation of Retirement Plaque to Tim Peltier Mayor Kozlowski read a proclamation congratulating Timothy Peltier on retirement from his position as paid, on‐call firefighter for 25 years. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019‐062, Certificate of Appreciation ‐ Retirement ‐ Tim Peltier. All in favor. Fire Chief Glaser congratulated Mr. Peltier for his years of service and brought Bernie, Bill and Rob Peltier to the podium. He stated the Peltier family has committed over 146 years of service to the community and the citizens of Stillwater. Heritage Preservation Commission Awards Heritage Preservation Commission (HPC) past Chair Brian Larson and current Chair Amy Mino noted May is National Preservation Month. They reviewed the work of the HPC past and future. They presented Preservation Awards to: Margaret Collins and Jesse Hannawalt, 114 Linden Street West, Residential Addition; Mark and Jennifer Koegel, 435 Broadway Street South, Residential Addition; Dave and Deb Peterka, 207 Pine Street East, Conservation District Infill; Jill and Justin Kaufenberg, 310 Main Street South, Commercial Storefront Reconstruction; Hotel Crosby, 232 Main Street North, Downtown Design Review District Infill; Elevage Development Group, 402 Main Street South, Historic Structure City Council Meeting May 21, 2019 Page 2 of 9 Adaptive Reuse; Robert Goodman, Personal Contributions as a long‐time HPC Commissioner. OPEN FORUM John Oertel, 118 Fifth Street South, approached the Council about Stillwater Residence on Olive Street. He stated concerns have been brought up previously and the process seems to have stalled. Neither the City, nor County, nor State seem to be clearly in control. He reviewed the history of neighborhood reporting of concerns. In 2018 there were roughly 100 police calls for a variety of issues. The facility appears to be heavily or over populated, understaffed and operating without significant oversight. In April 2018, a female resident was sexually assaulted by a male resident who was a registered sex offender. Neighbors are not advocating any aggressive changeover or reduction, but ask to revisit the issues. Mayor Kozlowski replied that he does not think that anyone on City staff has let this slide. The City Attorney is aware of the issues and the Council is working on the nuisance property ordinance. City Administrator McCarty added that he has a meeting scheduled with the County Administrator tomorrow about the Stillwater residence. Councilmember Weidner asked what the County’s response has been; and Mr. Oertel answered that he has not been before the County Board but has talked to Commissioner Kriesel and was told the County does not have authority to determine who to place in the facility. They have addressed some of the problems, but cannot point to a set of regulations or who is in charge. Councilmember Weidner inquired what the neighbors expect the City to do; and City Attorney Land responded that this issue was brought to her attention when she was retained by the City. Group homes are not unique in Minnesota. If the City tries to regulate them through zoning or other activities, it would be considered discrimination. However, the public safety concerns may be addressed. Regulatory authority is complicated. The State regulates residential establishments that provide certain services. The County provides people with residential living options that might be suited for them. The City is monitoring the nuisance activity and, as the Police Department logs public nuisance activities that qualify under a particular statute, the City will use it against this property to attempt to abate the nuisance activities. If successful, authorities would be able to remove the nuisance occupants from the residence for a period of one year. Councilmember Weidner pointed out that the City has no control over the types of people placed in the facility. He urged the neighbors to attend the County Board meeting. Jeff Johnson, 309 South Fifth Street, stated the neighbors have met with the County administration twice, with members of the County Board and the State. The State has no jurisdiction over this property. It had been a State‐licensed care facility but is no longer. It is currently considered board and lodging. He read from the County’s license regulations. The County only wants to know about change of ownership, construction or alterations to the property. He wants to make sure it goes on public record that the reason the neighbors are here is that they have concern for the people within the facility who need help and who have fears and concerns about other residents who are threatening to them. The neighbors wish to circumvent a disaster, serious injury, fire, or another assault in the neighborhood. City Council Meeting May 21, 2019 Page 3 of 9 Jennifer Englund, 303 Olive St. West, stated the facility’s demographics are changing to include people with mental illness, substance abuse and sex off enses including with minors. Neighbors have seen multiple 911 calls on a weekly basis. They have brought up concerns in the past but nothing has changed. She fears that gun violenc e may happen next. She added that her daughter was approached by one of the male residents a couple years ago while playing in the yard. She asked that the Council help make the owner accountable to make changes. On a question by Councilmember Weidner about what tools the Council has to do that; and the City does not place people there. That is why the County needs to hear the concerns. Mayor Kozlowski stated he understands the frustration, but Councilmember Weidner is right, the City has no tool to mitigate the issue. It is very challenging. The neighbors must address the County because that is the licensing authority. Mr. Johnson suggested, since the facility has changed from a care facility to a board and lodging facility, the City look at regulating it similarly to regulations developed by the City for Air BnBs and Bed and Breakfasts. STAFF REPORTS Police Chief Gannaway reported that he and the City Engineer have met with FEMA representatives to request reimbursement for $500,000 flood control costs. He stated 200 people attended the Bike Rodeo. He thanked the community for attending the Law Enforcement Memorial Event. Councilmember Junker asked for more enforcement of speed limits on North Main Street. City Clerk Wolf indicated that the Gypsy Moth treatment will take place on May 23. Community Development Director Turnblad conveyed a request from the Water Street Inn to rent Parking Lot #5 from May 22‐31 to use as an assembly and staging area for the top of the tower. Staff recommends charging the standard parking space fee. Council consensus was to support the use of Parking Lot #5 for the assembly of the tower for the Water Street Inn with the standard fee to be charged. Mayor Kozlowski asked Public Works Director Sanders to check out a pothole on Stillwater Avenue between Third and Second Streets. City Administrator McCarty reported the State budget bill is pending with the Highway 36/Manning project still on the list. He reminded the Council of the League of Minnesota Cities Conference June 26‐28. A Strategic Planning meeting for the Council will be scheduled. An RFP has gone out for an operational review of Public Works. Library Director Troendle noted that Showtime at Your Library reading program starts June 1. He thanked the Ivy Club for beautification efforts. CONSENT AGENDA May 7, 2019 regular, recessed and closed session meeting minutes Payment of Bills October 9, 2018 Joint City Council and Planning Commission Workshop meeting minutes City Council Meeting May 21, 2019 Page 4 of 9 Heritage Preservation Commission Member Appointment CPC Case No. 2019‐17 to consider an Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms. Notice was published in the Stillwater Gazette on Friday, April 26, 2019 – Ordinance 2nd Reading St. Croix Valley Recreation Center & Lily Lake Arena Management Agreement Renewal Chilkoot Café Wine & Strong Beer Liquor License for New Owner Stillwater Middle School Off‐Site Gambling application Stillwater Library IT Services Agreement 2019 Municipal Recycling Grant Distribution Agreement Service on a Shoe String Contract Renewal Compromise Agreement for the 2017 Stillwater Assessment Appeal Sanitary Sewer Adjustments Motion by Councilmember Weidner, seconded by Councilmember Collins, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2019‐11 to consider a request by Randall Benson, property owner representative and the Goodman Group, for the consideration of a Final PUD, Preliminary Plat and Final Plat, for phase II of The Lakes of Stillwater Property. Community Development Director Turnblad stated that in 2017 the City approved a four‐ phased Planned Unit Development for ILHC of Stillwater (known as the Goodman Group) to develop a Senior Living Campus near the north end of Long Lake. Known as the Lakes at Stillwater, Phase I is nearly complete. Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group, has submitted a request to develop two existing outlots into four parcels. The four parcels are proposed to contain 30 independent living units with one enclosed common area. The request includes: 1) Preliminary Plat for Birchwood Landing: 8 lots; 2) Final Plat for Birchwood Landing: 8 lots; and 3) Development Agreement Amendment. The trail to be constructed will connect the existing County Road 12 trail with 72nd Street. The Planning Commission recommends approval. Staff recommends approval of the Preliminary Plat, the Final Plat, and the Development Agreement Amendment with five conditions. Mayor Kozlowski opened the public hearing. Bill Howell, Lakes at Stillwater, offered to answer questions. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2019‐063, a resolution approving the First Amendment to the Development Agreement for ILHC of Stillwater, LLC; Resolution 2019‐064, a resolution approving the Preliminary Plat for The Lakes at Stillwater, No. 2; and Resolution 2019‐065, a resolution approving the Final Plat for The Lakes at Stillwater, No. 2, Case No. 2019‐11. All in favor. City Council Meeting May 21, 2019 Page 5 of 9 UNFINISHED BUSINESS 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. Community Development Director Turnblad reviewed that on May 7, 2019 the City Council approved the first reading of an ordinance amending the Short Term Home Rental (STHR) regulations and licensing program. The Council asked for more information on background checks, fees and fines to be brought back for the second reading. He provided suggested language for background checks. The current license fee is $200 and costs are almost $300 so staff recommends increasing the license fee to $300. Costs to administer the use permit are about $450 and staff recommends charging $500. Neither change requires an ordinance change. The amounts can be part of the fee schedule and left out of the ordinance. Costs for administering fines are being covered. For the first verified complaint, the fine is $250, second is $500, third is $750. If the Council wants fines to be punitive, they can be increased. Councilmember Weidner expressed that he feels fines should be punitive. For instance, the fine for the first violation could be $500, second one $1,000 and $2,000 after that. Councilmember Collins indicated that the Planning Commission consensus was to keep the first one at $250 but increase the fines for the second and third violations substantially. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Ordinance No. 1124, an Ordinance amending and renumbering Short Term Home Rental Regulations in the Stillwater City Code, Case No. 2019‐05. All in favor. Ordinance amending City Code Section 33‐5: Minimum Standards for Construction and Reconstruction of Driveways. Community Development Director Turnblad reported that the Council tabled the first reading of this ordinance on May 7. Widths of existing driveways vary considerably, depending upon the neighborhood. If the Council is looking for a single maximum driveway width that would apply to all residential neighborhoods, a reasonable maximum may be 20 feet. If the Council wishes to allow existing driveways to be reconstructed at their present width, a clause could be added stating, “or the existing width, whichever is greater.” Council consensus was to allow existing widths to remain when driveways are reconstructed. Motion by Councilmember Weidner, seconded by Councilmember Collins, to approve first reading of an Ordinance amending Section 33‐5 of the Stillwater City Code with the additional clause, “or the existing width, whichever is greater.” All in favor. Lowell Park Utility Box Mural Project City Administrator McCarty reminded the Council that in 2018 the Council approved a proposal by Fitzie Heimdahl to wrap or paint city‐owned utility boxes in the downtown area. Seven artist proposals were reviewed by an independent review panel. Staff recommends that the Council approve the submitted artwork for seven city‐owned utility boxes and authorize staff to release the $600 City contribution from the Community Beautification City Council Meeting May 21, 2019 Page 6 of 9 Fund. All artwork activity must be coordinated with the City Public Works Department. He will work with Mr. Heimdahl on how to protect the artwork from wear and damage. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the artwork for the Lowell Park Utility Box Mural Project and authorize staff to release $600. All in favor. Issuance of Conduit Revenue Bonds for Long Lake Villas City Administrator McCarty pointed out that Tim Nolde of Long Lake Villa II, LLLP and Long Lake Villa II, LLC, approached the City regarding the issuance of conduit revenue bonds by the City for a multifamily affordable housing project known as Long Lake Villas. The project consists of acquisition and renovation of an existing approximately 59‐unit multifamily affordable housing facility. The anticipated amount of the proposed revenue bond is $13 million. Staff recommends the Council approve the resolution calling for a public hearing on a proposal for a housing finance program and giving preliminary approval to the issuance of housing facility revenue bonds to finance a multifamily housing project pursuant to Minnesota law. Further staff also recommends that a one‐time issuer administration fee of 1⁄2 of 1% of the principal amount of the bonds actually issued be charged by the City, payable at closing of the bond sale. Councilmember Junker asked if there is any restriction on the proceeds; and John Nolde, representing Long Lake Villa II, replied that it is to be used for qualified residential projects, which means at least 20% of the units are affordable to people at 50% of area median income. Most bond costs will go to acquisition of the existing project and new hard construction costs around $20,000/unit additional rehab such as roofs and siding. Tax exempt bonds in MN are very competitive and there is a shortage, so there is no guarantee that this project will receive the allocation of tax exempt bonds. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019‐066, a resolution calling for a Public Hearing on a proposal for a Housing Finance Program and giving preliminary approval to the issuance of Housing Facility Revenue Bonds to finance a Multifamily Housing Project pursuant to Minn esota Law, and authorizing the publication of a notice of the hearing. All in favor. NEW BUSINESS Brown’s Creek Riparian Shading Project License Agreement Public Works Director Sanders reported that the Brown’s Creek Watershed District (BCWD) is requesting approval of the Brown’s Creek Riparian Project. The project located on the City property at the intersection of Manning and Highway 96 entails planting trees, shrubs and native vegetation to create more shaded area over the creek in order to reduce the temperature of the water. The project would be fully funded by the BCWD. The license agreement would allow the BCWD to enter City property to perform the work upon notice. This agreement would be over a twenty five year period. Staff and the City Attorney recommend approval of the agreement. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the License Agreement between the City of Stillwater and Brown’s Creek Watershed District for the Brown’s Creek Riparian Shading Project. All in favor. City Council Meeting May 21, 2019 Page 7 of 9 Winter Parking Restrictions on Union Alley Community Development Director Turnblad informed the Council that at the request of the Public Works Department, the Downtown Parking Commission recommended that the City Council prohibit parking on the east side of Union Alley between Chestnut Street and Myrtle Street from November 1‐March 31, to help with snow plowing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2019‐067, a resolution approving parking restrictions on East Side of Union Alley during the winter. All in favor. Summer Tuesdays 2019 Event Corey Buettner explained that Summer Tuesdays is proposed to take place on seven Tuesdays from July 9‐August 20. The event will be charged for the use of the parking lot, electrical boxes, amphitheater, trash receptacles and a base fee according to the 2019 Fee Schedule. Summer Tuesdays is requesting the $3,500 base fee be waived as was done in 2018, because the event is free and operates on a very small budget. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the 2019 Summer Tuesday Event Agreement and to waive the $3,500 base fee. All in favor. Authorize Feasibility Study for Neal Avenue Street Improvement Project Public Works Director Sanders stated that Neal Avenue was considered for street improvements in 2016, but the improvement was stalled due to a clause in the Orderly Annexation Agreement where annexed properties could not be assessed for five years once annexed into the City. The five year timeframe expires in 2020 and it is proposed to improve Neal Avenue from Boutwell Road to White Pine Way. The entire length of Neal Avenue is proposed to have a trail added on the west side. Staff recommen ds that the Council authorize a feasibility study for the Neal Avenue Street Improvement Project between Boutwell Road and White Pine Way. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2019‐068, resolution ordering preparation of feasibility report for Neal Avenue improvements (Project 2019‐08). All in favor. Authorize Feasibility Study for 2020 County Road 5 Improvement Project Public Works Director Sanders reported that Washington County is planning road improvements on County Road 5 for Olive and Owens Street from Deer Path to Sycamore Street. The work proposed is a mill and overlay and street reconstruction. The County will pay for a majority of the project. A portion of the costs will charged to the City. It proposed that these costs be assessed to the affected property owners. Staff recommends that the Council authorize a feasibility study for the 2020 County Road 5 Improvement Project. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2019‐069, resolution ordering preparation of Feasibility Report for 2020 County Road 5 Project (Project 2019‐07). All in favor. City Council Meeting May 21, 2019 Page 8 of 9 COUNCIL REQUEST ITEMS Lift & Loop Bridge Celebration Councilmember Polehna updated the Council that the Lift and Loop Celebration needs to be postponed until May 15‐16, 2020 because the lift bridge will not open until after Thanksgiving due to flooding. The ribbon cutting will occur on November 29, 2019. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Polehna, to recess to Closed Session pursuant to Minn. Stat. §13D.05 subd. 3(b) to discuss attorney‐client privileged communication regarding 107 Chestnut Street East. All in favor. The meeting was recessed to closed session at 9:11 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Weidner and Polehna. Also present: City Administrator McCarty , City Attorney Land, Community Development Director Bill Turnblad and Attorney Paul Reuvers of Iverson Reuvers Condon. Motion by Councilmember Junker seconded by Councilmember Collins to re‐open the meeting. ADJOURNMENT Motion by Councilmember Junker seconded by Councilmember Collins to adjourn. All in favor. The meeting was adjourned at 9:31 p.m. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019‐062, Certificate of Appreciation ‐ Retirement ‐ Tim Peltier Resolution 2019‐063, a resolution approving the First Amendment to the Development Agreement for ILHC of Stillwater, LLC Resolution 2019‐064, a resolution approving the Preliminary Plat for Birchwood Landing Resolution 2019‐065, a resolution approving the Final Plat for Birchwood Landing, Case No. 2019‐11 Resolution 2019‐066, a resolution calling for a Public Hearing on a proposal for a Housing Finance Program and giving preliminary approval to the issuance of Housing Facility Revenue Bonds to finance a Multifamily Housing Project pursuant to Minnesota Law, and authorizing the publication of a notice of the hearing Resolution 2019‐067, a resolution approving parking restrictions on East Side of Union Alley during the winter City Council Meeting May 21, 2019 Page 9 of 9 Resolution 2019‐068, resolution ordering preparation of feasibility report for Neal Avenue improvements (Project 2019‐08) Resolution 2019‐069, resolution ordering preparation of Feasibility Report for 2020 County Road 5 Project (Project 2019‐07) Ordinance No. 1123, an Ordinance Amendment repealing City Code Section 32‐1, Subdivision, Subd. 10, Forms Ordinance No. 1124, an Ordinance amending and renumbering Short Term Home Rental Regulations in the Stillwater City Code, Case No. 2019‐05 Page1 LISTOFBILLS 106GroupLtd. 615BroadwayͲDesignationStudy 637.97 AdvanceAutoParts Equipmentrepairsupplies 320.67 AmanoMcGannInc Repairticketdispenser 625.35 AmericanPumpCompany PumprentalͲflood 36,291.00 AMIConsultingEngineersPA Riverbankstabilization 32,782.40 ArtReachSt.Croix LowellParkUtilityBoxMuralProject 600.00 AutoNation Vehiclerepair212 113.54 AxonEnterprises Tasers 7,136.00 BlueTarpFinancial Equipmentrepairsupplies 19.98 BoardofWaterCommissioner MetersforPioneerPark 1,476.14 BoltonandMenkInc. 2019Streets 5,020.00 BoyerTrucks Replace3enginechassisharnesses 13,648.36 BrockWhiteCo.LLC SiltsockͲflood 657.82 BurksTreeandLandscapeCare TreeCare 1,690.00 CalAtlanticHomes GradingEscrowRefund 6,000.00 CDWGovernmentInc. Equipment 595.71 CenturyLink Telephone 140.12 CintasCorporation Uniforms&Matcleaning 496.93 ColePapers Towels 97.36 Comcast Internet&Voice 322.55 Core&Main Sewerlid 95.00 CoveralloftheTwinCities Commercialcleaningservices 540.00 CubFoods Grocery 83.57 CurbMastersInc. PaintingatTeddyBearPark 3,308.77 Dalco Janitorialsupplies 365.97 DaveyTreeExpertCo RefundofCommercialLawnFertilizerPermitFee 250.00 ECMPublishers Publications 99.75 EvidentInc. Niktests 181.00 FitzgeraldLawnCareInc RefundofCommercialLawnFertilizerPermitFee 250.00 FlexiblePipeToolCo. Equipmentrepair 3,473.55 FraleyThomas Tools 37.95 GertensWholesale Flowers 905.91 GoodyearCommercialTire Tires 598.04 Grainger Supplies 379.90 GreinerMichael Reimburseformileage 144.07 GroupMedicareblueRX RetireePrescriptionsIns 2,569.00 HenricksenPSG CityHallProject 607.15 HeritagePrintingInc. Businesscards 51.90 HudsonRodGun&ArcheryClub Rangeuse 100.00 KermitsDisposalofForestLake Demolition10yardbox 300.00 KeiserGretchen UtilityBillingRefund 79.55 L.T.G.Power Carburetor 75.15 LCSLawn&TreeServices RefundofCommercialLawnFertilizerPermitFee 250.00 LeagueofMNCities Conferencefees 900.00 MailFinanceInc Postagemachinelease 455.01 Page2 MansfieldOilCompany Fuel 4,346.16 MarshallElectricCompany Repairtruckliftinshop 702.00 Menards Supplies 1,801.90 MetropolitanMechanicalContractors Maintenance 813.00 MyAlarmCenter AlarmMonitoringServices 105.12 NaturescapeInc RefundofCommercialLawnFertilizerPermitFee 250.00 OfficeDepot Officesupplies 643.59 O'ReillyAutoParts Equipmentrepairsupplies 36.55 PerformancePlusLLC Drugscreen 360.00 PrimaryProductsCo. Purplenitrilegloves 100.40 ProͲTecDesign Equipmentrepaircharges 142.50 PullenAnnetteMarie Therapy 90.00 QuillCorporation Officesupplies 63.25 RainbowTreeCare RefundofCommercialLawnFertilizerPermitFee 250.00 RehnCodeConsultingServices Planreview 4,252.89 RoboleDonna ReimburseforConferenceRegistration 250.00 SafeFastInc Storagecabinet 1,316.85 SafetySigns TrafficcontrolͲflood 3,000.00 SFMobileVision SquadCarVideoMDCVideo 10,342.00 ShiltsCindy Reimburseforcashgratuityforvehicledetailing 60.00 SiegfriedConstructionCompany Retainingwall 2,488.86 SimplifileLC Filingfees 200.00 SiteOneLandscapeSupply Supplies 576.09 St.CroixBoatandPacketCo. Rampcleaning 810.00 St.CroixRecreationFunPlaygrounds PioneerParkplaystructure 141,009.24 StillwaterandOakParkHeightsCVB QtrlyLodgingTax 41,715.92 StillwaterMotorCompany Vehicleservice 221.71 Streichers Supplies 164.79 T.A.SchifskyandSons Asphalt 200.33 TaylorCoInc TeddyBearParkplaysystem 4,071.96 TransportationSupplyLLC Solarbarricade 469.75 TriͲStateBobcat Equipmentrepairsupplies 1,349.89 TruckUtilitiesInc. Vehicleoutfitting 5,014.00 TruGreen RefundofCommercialLawnFertilizerPermitFee 250.00 TwinCitiesRecreationInc. Newplaygroundequipment 45,250.00 ValleyTrophyInc. Plaques 343.15 VerizonWireless WirelessService 2,138.31 WalmartCommunity Bikerodeo 119.81 WenckConstruction CityHallProject 21,750.00 WSB&AssociatesInc. VetsMemParkImprovements 1,077.30 XcelEnergy Energy 15,899.98 ZieglerInc. 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TempLibraryCards 30.00 ORDINANCE 1125 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 at the back of curb (or edge of street if no curb exists) is 20 feet. For driveways being rebuilt, the maximum width at back of curb (or edge of street if no curb exists) is 20 feet or the width of the existing driveway, whichever is greater. 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, §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 4th day of June, 2019. Michael Polehna, Vice Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM TO: Vice Mayor and City Council FROM: ((A. Reabar Abdullah, Assistant City Engineer DATE: May 3 !51, 2019 RE: Permanent Easement for Drainage and Utility Purposes DISCUSSION The City of Stillwater is planning to do maintenance project for storm sewer between Lily Lake Elementary school and adjacent properties. The work will be encroaching on the school property and a permanent easement is required for drainage and utility purposes. RECOMMENDATION It is recommended that the City approve the attached permanent easement for drainage and utility purposes. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion to APPROVE PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES. PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES THIS PERMANENT EASEMENT AGREEMENT FOR DRAINAGE AND UTILITY PURPOSES ("EASEMENT") is made, granted and conveyed this __ day of _____ _. 2019, by and between the Independent School District No. 834, a Minnesota public corporation ("LANDOWNER") and the City of Stillwater, a municipal corporation organized under the laws of the State of Minnesota ("CITY"). WHEREAS, LANDOWNER owns the real property situated within Washington County, Minnesota as described on the attached Exhibit A ("LANDOWNER'S PROPERTY"); and WHEREAS, the CITY is working on a project that will require a Drainage and Utility Easement from LANDOWNER. NOW THEREFORE, the LANDOWNER in consideration of the sum of One Dollar and other good and valuable consideration to them in hand paid by the CITY, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the CITY, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto (hereinafter "PERMANENT EASEMENT") under, over, across, through and upon that real property legally described and depicted on Exhibit B, (hereinafter the "PERMANENT EASEMENT AREA") attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the CITY also include the right of the CITY, its contractors, agents and servants: (a) To enter upon the PERMANENT EASEMENT AREA at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the PERMANENT EAS EMENT; and (b) To maintain the P ERMANENT EAS EM EN T AREA, any City improvements and any underground pipes, conduits, or mains , together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the PERMANENT EASEMENT AREA trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the PERMANENT EASEMENT AREA; and ( d) To remove or otherwise dispose of all earth or other material excavated from the PERMANENT EASEMENT AREA as the CITY may deem appropriate. The CITY shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees· and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the PERMANENT EASEMENT AREA or the LANDOWNER'S PROPERTY prior to the date hereof. Nothing contained herein shall be deemed a waiver by the CITY of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by LANDOWNER or their successors or assigns, shall be subject to any governmental immunity defenses of the CITY and the maximum liability limits provided by Minnesota Statute, Chapter 466. The LANDOWNER, for itself and its successors and assigns, does hereby warrant to and covenant with the CITY, its successors and assigns, that they are well seized in fee of the LANDOWNER'S PROPERTY described in Exhibit A, the PERMANENT EASEMENT AREA described and depicted on Exhibit B and has good right to grant and convey the PERMANENT EASEMENT herein to the CITY. The terms and conditions of this instrument shall run with the land and be binding on the LANDOWNER, its successors and assigns. [Remainder of this page has been intentionally left blank] 2 EXECUTED as ofthis _____ day of ______ , 2019. CITY: CITY OF STILLWATER By: --------------Michael Polehna Vice Mayor By: ______________ _ Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day ofJune , 2019, before me a Notary Public within and for said County, personally appeared Michael Polehna and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Vice Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Vice Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: INDEPENDENT SCHOOL DISTRICT NO. 834 STATE OF MINNESOTA COUNTY OF 1,b,tlt,0\1( J ) ) .) ss. On this ;l,i day of _ , 2019, before me a Notary Public within and for said County, personally appeared 15../<:.ti · ~ to me pers nally known, who being by me duly sworn, did say that she/he is the a;4 .fitQJ4&1 A,{ri,,VJ ~htA/,& of Independent School District No. 834, a Minnesota public corporation, on behalf of the corporation This instrument drafted by and after recording, please return to: Korine L. Land (#262432) Stillwater City Attorney LeVander, Gillen & Miller, PA 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 Ce UNDA A MONCRIEF t j NOTARY PUBUC I ·/ MINNESOTA I .. ,. My Oomnlss lon bpffM Jan. fl, !024 1 4 EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA The East 15 feet of the South 65 feet, and the East 65 feet of the South 15 feet of the following legal description: All that part of the Northeast Quarter (NE 1/.i) of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, described as follows: Commencing at the North Quarter Corner of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota; thence South along the West line of Northeast Quarter (NE 1.14) of said Section Thirty-two (32) for 150 feet to the point of beginning of this description; thence continuing South along said West line of Northeast Quarter (NE Yi) of Section Thirty-two (32) for 1339.8 fee; thence deflecting to the left 90 degrees 02' for 400 feet; thence deflecting to the left 89 degrees58' and running parallel with said West line of Northeast Quarter (NE 1/.i) of Section Thirty-two (32) for 1255.6 feet; thence deflecting to the left 90 degrees 02' for 289.39 feet to the Southwest corner of that tract of land described in Book 206 of Deeds, page 608; thence North along the line of said tract described in Book 206 of Deeds, page 608, for 190 feet; thence West along the line of said tract described in Book 206 of Deeds, page 068, for 100.5 feet to the Northeast Corner of that tract of land described in Book 225 of Deeds, page 564; thence South 5 degrees 43' West along the East line of said tract described in Book 225 of Deeds, page 564, for 100.3 to the point of beginning, containing 12 acres, more or less. B-1 EXHBIIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY All that part of the Northeast Quarter (NE Y4) of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, described as follows: Commencing at the North Quarter Comer of Section Thirty-two (32), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota; thence South along the West line of Northeast Quarter (NE 1/4) of said Section Thirty-two (32) for 150 feet to the point of beginning of this description; thence continuing South along said West line of Northeast Quarter (NE Yi) of Section Thirty-two (32) for 1339.8 fee; thence deflecting to the left 90 degrees 02' for 400 feet; thence deflecting to the left 89 degrees58' and running parallel with said West line of Northeast Quarter (NE 1/4) of Section Thirty-two (32) for 1255.6 feet; thence deflecting to the left 90 degrees 02' for 289.39 feet to the Southwest comer of that tract of land described in Book 206 of Deeds, page 608; thence North along the line of said tract described in Book 206 of Deeds, page 608, for 190 feet; thence West along the line of said tract described in Book 206 of Deeds, page 068, for 100.5 feet to the Northeast Comer of that tract of land described in Book 225 of Deeds, page 564; thence South 5 degrees 43' West along the East line of said tract described in Book 225 of Deeds, page 564, for 100.3 to the point of beginning, containing 12 acres, more or less. A-1 EXHIBITB LEGAL DESCRIPTION AND DEPICTION OF PERMANENT EASEMENT AREA CONT. Q I ! i i Q 11> f 8 11> w -t.Ll I 11> ~ I ~ :>-. -..... I .....J Q. \~ \ o,ni:1 ~l\,llt.l0,, ... 001'9 ~ ~-~~;,~, ' .... ... f- D _J a ~ . ~. ~ ~~a ffi~ ~ §~s~ ~ • I ,. rt.) I! .,, 11 31,•! I !l!l g I i liq ~ I I/ l,, I I I I I I I I I \ / / \ \ \ \ \ • \ ) . s \ i1 9 . I~ "' I- C ...J ~ a, ? I- 0 C OM ...J o. Q~ ~ • ffl / VI / ~/ ,.... I- :l V l:S-L 'I"" -.... m ~ I I d i .. I I 3 DATE: May 29, 2019 TO: Mayor & Councilmembers RE: Rydeen carriage rides license PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Matthew Rydeen would like to operate a carriage ride business in Downtown Stillwater again this summer. He would offer two types of rides. One for private events such as birthday parties and weddings. The other would be public rides staged from the private parking lot owned by Mark Desch. REQUEST Mr. Rydeen is requesting the City Council to approve a license for the carriage rides to use public streets. DETAILS Public rides The proposed plan is to offer a one horse carriage for public rides on Saturdays, Sundays and occasional Fridays. Hours of operation would be no earlier than noon and no later than 9 PM. Mr. Rydeen owns and trains the horses and would also be the carriage driver. Proposed carriage Page 2 The horses are kept in Stillwater Township, where they would return each night. The carriage itself is stored at his parents’ home at 418 West Maple Street in Stillwater. A small horse trailer would be parked there when the horse is working. The route between 418 West Maple and downtown would be: Maple to 5th Street to Laurel Street to 3rd Street to Mulberry Street to Desch parking lot. The staging area, where the horse and carriage would stand waiting to give rides, would be in the Desch parking lot. Proposed downtown route The proposed downtown route is shown to the right. During high water when Sam Bloomer Way is closed, the alternate route (in red in the map) would be through Municipal Lots 2 and 3 back to Water Street. Rides will not occur on Main Street. Private events The private carriage ride service would be offered for weddings, birthdays, anniversaries, or other celebrations. As with the public rides, Mr. Rydeen would be bringing one of his trained horses from Stillwater Township to his parents’ home on Maple St. He would then drive the horse and carriage to the customer’s location (home, park or church). The rides would typically be given in residential neighborhoods on streets close to the customer’s location, avoiding busy streets as much as possible. There would also be the possibility of being requested to take a wedding party to a downtown reception venue or for pictures. COMMENTS 1. The Rydeen carriage rides generated no complaints or public safety concerns last summer. The staging area was kept clean and there were no traffic problems. 2. In addition to high water, the Water Street Inn construction project could necessitate use of the alternate route. ACTION REQUIRED The City Council should either approve, deny or table the request for the license. RECOMMENDATION Staff recommends approval of the license with the conditions found in the attached resolution. Attachments: License Resolution RESOLUTION NO. 2019-____ RESOLUTION GRANTING LICENSE TO MATTHEW RYDEEN FOR THE OPERATION OF HORSE DRAWN CARRIAGE RIDES ON CITY STREETS WHEREAS, Matthew Rydeen has made a request for a license to operate a single-horse carriage on public roadways; and WHEREAS, the City Council of the City of Stillwater reviewed the request at their regularly scheduled meeting on June 4, 2019 and found it acceptable. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Matthew Rydeen to operate a single-horse carriage on public roadways subject to the following conditions: 1. Upon review and approval of the license request by the Police Department and the Public Works Department, the City Clerk is authorized to issue a license to Matthew Rydeen for his horse drawn carriage. 2. Matthew Rydeen may operate one single-horse carriage in Stillwater. 3. A license must be applied for annually from the Community Development Department. The license is valid through December 31 of the year issued. 4. No license will be issued or renewed without proof of general liability insurance in the minimum amount of $1,000,000 per occurrence. 5. Operating restrictions and conditions: a. The horse drawn carriage must not be operated upon a public trail or sidewalk. b. The horse drawn carriage will be subject to inspection by the City of Stillwater public safety officials. c. The carriage driver must have in his possession a valid driver's license while in control of the carriage, and shall operate the carriage in compliance with all applicable federal, state, and local traffic laws, and in a manner so as to assure the safety of persons and property. d. The carriage driver must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. e. The approved route and alternate route for the carriage operation is as seen in Exhibit A. f. The City reserves the right to alter or limit carriage operations to specified routes and streets if required for public safety reasons. g. If Sam Bloomer Way or Water Street are inaccessible because of high water or other reasons, the carriage operator must receive approval the Stillwater Police Department for an alternate route. h. The horse and carriage may only stage from private parking lots in the downtown area. i. Animal waste must be cleaned up as soon as practical and disposed of properly. In no instance may it remain overnight on public streets or on private property downtown. j. Upon receipt of any serious substantiated complaints, as determined to be serious and substantiated by the City Administrator, the license will be placed on the next available City Council agenda for review. Adopted by the Stillwater City Council this 4th day of June, 2019. _____________________________ Mike Polehna, Vice Mayor ATTEST: __________________________ Beth Wolf, City Clerk EXHIBIT A Memorandum To: Mayor & City Council From: Beth Wolf, City Clerk Date: 5/31/2019 Re: Human Rights Commission Appointment Claire Sand’s term expired on May 1st, that left an opening on the Human Rights Commission. Mike Dolphin submitted an application and was interviewed by the Chair and Council Representative, who would like to recommend him for appointment with a term expiring May 1, 2022. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Mike Dolphin to the Human Rights Commission. /nm PLANNING REPORT TO: City Council CASE NO.: CPC 2019-16 REPORT DATE: May 28, 2019 MEETING DATE: June 4, 2019 APPLICANT: City of Stillwater LANDOWNER: N/A REQUEST: Consideration of amendments to various City and Zoning Code Sections for citywide stormwater management LOCATION: Citywide ZONING: N/A REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Shawn Sanders, City Engineer Kori Land, City Attorney INTRODUCTION The Minnesota Pollution Control Agency (MPCA) requires the City of Stillwater adopt stormwater infiltration regulations. The City retained WSB Engineering to develop design guidelines for uniform stormwater management throughout the City. The adoption of these guidelines, in addition to certain ordinance amendments, are required for the City to become compliant with the MPCA regulations. While the existing City Code Section 31-525, Stormwater Management Practices, a part of conservation regulations, will be transferred to City Code Section 35-26 with the same title, there are a few additions proposed to be incorporated: The new ordinance will reference all applicable Minnesota Statutes and Rules Acknowledges the MPCA is the permitting authority for Land Disturbing activities requiring a National Pollutant Discharge Elimination System (NPDES) Permit Exempts minor land disturbing activities (landscaping, fence installation, etc.), utility construction and agricultural operations from stormwater management. It additionally CPC Case No. 2019-16 Page 3 indicates that, at the discretion of the City, exemption may be permitted if certain standards and requirements are met; one of the requirements is for infiltration practices of NPDES general construction permit work a wellhead Emergency Response Area (ERA) and within a Drinking Water Supply Management Area (DWSMA) with a moderate to high vulnerability. Enhances inspection authority and maintenance requirements while adding provisions for the city, after giving due notice, to correct violations of design standards or maintenance needs, with costs assessed to the property owner. Also adds provisions for appeals, Incorporates the design guidelines by reference, identifying application submittal requirements. On May 22nd the Planning Commission held a public hearing to review the attached Ordinance pertaining specifically to the Zoning Code and the Subdivision ordinance. SPECIFIC REQUEST a) a Zoning Text Amendment to conservation regulations, defining ‘Development’ and ‘Land Disturbing Activity or Activities’, clarifying provisions related to soil stripping and grading, and removal of City Code Section 31-525, Stormwater Management Practices; b) modification to Chapter 32, Subdivision Ordinance, identifying drainage plans shall conform to Engineering Design Guidelines; and c) modification to Chapter 35¸ Stormwater Drainage, to be compliant with the MPCA’s regulations, reference adopted Design Guidelines, outline the processes and procedures for plan review and approval, and designate the City’s Engineering Department as the responsible authority for administration; and d) adoption of the Engineering Design Guidelines for stormwater management. ANALYSIS Two sections of the City Code govern code changes: 1. Section 21-13 requires two readings of ordinances but sets no requirements for public hearings or standards for consideration 2. Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when: a. Public necessity, general community welfare and good zoning practice permit the amendment; and b. The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Although infiltration is required by the MPCA, and this amendment would bring the City into compliance with their requirements, the primary goal of this amendment is to clean up inconsistencies, clarifying processes and procedures, remove the stormwater management provisions from the Zoning Code, and adopt stormwater management design guidelines. The CPC Case No. 2019-16 Page 4 amendments to Chapter 32 and 35, and adoption of associated Engineering Design Guidelines, are a public necessity. The Comprehensive Plan incorporates the Local Surface Water Management Plan (LSWMP) by reference. Certain overall goals of the LSWMP are to: Protect the City’s wetlands, lakes, streams and groundwater to preserve the functions and values of these resources for future generations. Manage water resources and drainage systems on a citywide scale. Manage land disturbance and increased impervious surfaces to prevent flooding and adverse impacts to water resources. Control the rate of stormwater runoff from development to reduce downstream flooding and erosion. Reduce pollutant loads and impacts to water bodies and encourage groundwater recharge, by reducing the volume of stormwater runoff from development and redevelopment. Provide adequate storage and conveyance of runoff to protect the public safety and minimize property damage. This Zoning Text Amendment would further enable the City towards meeting these goals. Question could be raised over the City’s inclusion of additionally exempted projects, specifically for projects where work proposed in an ERA with a DWSMA with moderate to high vulnerability. The Minnesota Department of Health (MDH) indicates infiltration is generally not appropriate in these areas due to potential for adverse effects to the aquifer used for drinking water supply. While the MDH and the MPCA indicate Local Government Units (LGUs) may initiate a higher level of engineering to determine infiltration will not have a negative impact on the drinking water system, Part III.1.j.vii of the Construction Stormwater General Permit prohibits infiltration for LGUs without a current MS4 permit. While the City was granted coverage under the State’s MS4 permitting system in 2007 and could, therefore, initiate a higher level of engineering review for potential infiltration in these areas, city staff believe prohibiting infiltration in these areas helps balance natural resource protection goals, including those specifically pertaining to drinking water protection. POSSIBLE ACTIONS The City Council has the following options available to them: A. If the City Council finds the public necessity, general community welfare and good zoning practice permit the amendment and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the City Council may move to approve the requested ordinance amendments. B. Make findings that the public necessity, general community welfare and good zoning practice do not permit the amendment or that the proposed amendment is not in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, the City Council may move to deny the requested ordinance amendments. CPC Case No. 2019-16 Page 5 C. Table consideration for more information. FINDINGS AND RECOMMENDATION The general community welfare would be furthered if there are clear stormwater management practices that are consistency applied throughout the City. Additionally, the field of local government land planning permit the amendment. The proposed amendment is also in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Planning Commission The Planning Commission has made a favorable recommendation of approval of a Zoning Text Amendment addressing modifications to conservation regulations. City Staff Staff recommends the City Council move to approve the attached ordinances pertaining to conservation regulations and the management of stormwater within the City of Stillwater. Attachments: Draft Ordinance (Zoning Code and Subdivision Ordinance) Draft Ordinance (Stormwater Management Practices) Engineering Design Guidelines for Stormwater Management 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE RELATED TO CONSERVATION REGULATIONS AMENDING THE STILLWATER CITY CODE SECTION 31-101 DEFINITIONS, SECTION 31-523 SOIL STRIPPING, SECTION 31-524 GRADING, SECTION 31-525 STORMWATER MANAGEMENT PRACTICES AND SECTION 32-1 THE SUBDIVISION ORDINANCE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-101, Definitions is hereby amended as follows: Sec. 31-101. - Definitions is hereby amended by adding the following definitions: Development when found in Section 31-522 (Tree and Forest Protection) means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development. Major development means any planned unit development, subdivision and any other development of more than 15 units or larger. As used in other sections of Section 31, Development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land. Land Disturbing Activity or Activities means any activity that changes the volume or peak discharge rate of stormwater runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse. MS4 means the municipal separate storm sewer system. SECTION 2. Stillwater City Code Section 31-523 relating to Soil Stripping is hereby amended as follows: Sec. 31-523. - Soil stripping. Subd. 1. No person may strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which it is taken, except in connection with the construction or alteration of a building on the premises and any incidental excavation or grading. SECTION 3. Stillwater City Code Section 31-524 relating to Grading is hereby amended as follows: 2 Sec. 31-524. - Grading. Subd. 1. Purpose. The purpose of this Section 31-524 is to ensure that any grading conducted for the purposes of building construction is done according to the grading plan for a subdivision as approved by the city council and to avoid drainage problems which may occur as a result of building development. Furthermore, the purpose of this Section 31-524 is to meet the requirements of the National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2018, as amended, and the city’s Engineering Design Guidelines which are hereby incorporated by reference. Every proposed new building requires a grading plan to be submitted with the building permit plans, unless such requirement is waived in writing by the city engineer. The following items are required to be shown on the grading plan: (a) The location of the building, driveway, tree cover, wetlands, drainageways or ditches, city streets, neighboring structures and other significant features. (b) The existing elevation of the building pad, neighboring structures, top of curb at the driveway, wetlands elevation, all lot corners and any drainage structures. (c) The proposed elevation of the first floor, lowest floor, garage floor, walkout (if any) and high or low points (breaks in grade). (d) Drainage arrows showing the route of run off across the lot with proposed elevations of drainage swales. (e) If the lot is adjoining a wetland, the plan should show how erosion will be controlled. Normally a silt fence or other erosion control method will be required along the flow path to the wetland. (f) Any retaining walls, steep slopes or other special grading features must be denoted. A cash escrow in an amount established by resolution shall be paid before a building permit is issued for all new residential dwellings. The cash escrow shall be returned to the permit applicant, without interest, upon successful completion of all of the following: (1) Written certification from a registered engineer or land surveyor that the grades and elevations are in conformance with the city approved grading plan and that permanent iron monuments are in place at each lot corner; and (2) Water service curb box access cover at finished grade and curb box valve operable. If the escrow items are not completed within 60 days, excluding the time between October 1 and May 1 of issuance of a certification of occupancy, the city may enter the lot, perform the work and apply the cash escrow toward the cost, plus administrative fees. In addition to the cash escrow, an escrow administration fee in an amount established by resolution shall be paid before a permit is issued for all permits. 3 Subd. 2. Grading permits. (a) Enumeration of actions requiring. No person may undertake, authorize or permit any of the following actions without first having obtained a grading permit from the city: a. Any excavating, grading, filling or other change in the earth's topography resulting in the movement of more than 50 cubic yards of material, except in any designated wetlands, floodplain or shoreland district; b. Any excavating, grading or filling or change in the earth's topography in any designated wetlands, floodplain or shoreland district; c. Any mining operation for gravel or other materials; or d. Any changing of a natural drainageway or drainage pattern that results in increasing or intensifying the flow of surface water upon adjacent property. (b) Activities not requiring. Notwithstanding Section 31-524, Subd 2, no grading permit is required for the following activities, except as required by the state building code: (1) Earthwork undertaken in accordance with grading plans approved in conjunction with a site and building plan review or plat approval; or (2) Earthwork that will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated wetlands, floodplain or shoreland district and does not affect local drainage patterns. (c) Plans required. No grading permit may be issued for site grading without approved plans for site development and adequate provision for site protection from wind or water erosion. (d) Compliance with permit provisions. No person may undertake, authorize or permit any excavating, grading, filling or other change in the earth's topography that violates or is not in compliance with a grading permit issued by the city. (e) Review as conditional use. All grading permits that would result in the moving of more than 1,000 cubic yards of material per acre of site area must be reviewed as a conditional use permit under the standards outlined in this Section 31-524. If possible, grading permit review will be combined with other planning permit reviews. (f) Review procedure; application; required information. Application for a grading permit that requires review as a conditional use must be made to the community development director on forms provided by the city and must be accompanied by the following information: (1) The legal description of the property; 4 (2) The fee required by chapter 70 of the Uniform Building Codethe city fee schedule; (3) Evidence of ownership or an interest in the property; (4) Existing and proposed final grades with two-foot contour intervals; (5) A survey showing the location and elevation of all roads, utilities and structures that may be impacted by the proposal; (6) A tree survey showing all trees having a caliper of six inches or greater and a tree preservation plan; (7) A landscaping and site restoration plan; (8) A development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this subdivision and the comprehensive plan; (9) A drainage plan with an engineering design for necessary stormwater retention work; (10) An erosion control plan indicating the type and location of erosion measures; (11) A traffic analysis showing how the materials will be removed from or delivered to the site; (12) Two copies of all available soil borings and with boring location maps and any other available soil information; (13) Any other information that may be required by the city; and (14) A schedule of building construction phasing. (g) Administrative review. Grading plans that will result in the move of more than 50 but less than 1,000 cubic yards of material per acre may be approved by the community development directorcity engineer. The applicant shall submit the required items from Section 31-524, Subd. 2(f). Upon receipt of a completed application, the community development director must review the application within ten working days and must notify the applicant of the decision by mail. The community development director may impose such modifications and conditions as may be necessary to protect the public interest. Bonding may be required in an amount sufficient to complete site restoration should the applicant default. (h) Standards. Grading permits may be issued only for grading plans that comply with the following standards: 5 (1) The plans must maximize the preservation of trees on the property and utilize the trees to the maximum extent possible to screen the grading from adjacent property. (2) The plan must utilize landscaping to restore site aesthetics, minimize the visual impact of the work, screen the grading from adjacent property and enhance the property's development potential. All areas altered because of grading activity must at a minimum, be restored with seed and mulch or sod within two weeks after the completion of the activity. The city may approve an extension of this deadline if appropriate, but in no case may site restoration be delayed beyond October 1. (3) The plan must not result in sites that are unsatisfactory for development of permitted uses. The development potential of a site may be adversely impacted by unsuitable finished grades, poor soil stability, unsatisfactory drainage or exposure to deleterious influences. (4) The plan must provide for the removal of any significant amounts of organic material or construction debris. (5) In instances where an existing buffer will be impacted by grading or filling operations, site restoration must be completed in a manner that resembles the original vegetative and topographic state of the property. (6) The plan must protect designated wetlands, floodplains, shorelands, public waters and other natural features. (7) The plan must provide for adequate drainage, stormwater retention and erosion control measures, as described in the NPDES construction general permit, the city’s Engineering Design Guidelines and Sec. 35-26. – Stormwater Management Practices. (8) The plan must provide for traffic movements to and from the site and must not have significant adverse affects effects on roads, intersections or development in the area. Streets surrounding the site must be swept to remove any debris that may accumulate due to these activities. (9) The plan must include a schedule of activities which limits the duration of disruptions and impacts. (10) The plan must also be approved, where required, by appropriate watershed districts, the United States Army Corps of Engineers, the state department of natural resources and any other government agency that has jurisdiction. (11) The plan shall be accompanied by a bond sufficient to ensure compliance with the approved permit and adequate site restoration. The amount of the bond will be based upon the size of the site, sensitivity of its surroundings, extent of grading, amount of 6 material moved, necessary site restoration and potential impacts upon public facilities, including damage to public roadways and property. (12) The plan must comply with the state building code and all other applicable statutes or ordinances. SECTION 4. Stillwater City Code Chapter 31-525 relating to Stormwater Management Practices is hereby amended as follows: Sec. 31-525. - Stormwater management practices. Stormwater management practices shall be as follows: Subd. 1. Statutory authorization.This Section 31-525 is adopted pursuant to Minn. Stat. § 462.351 et seq. Subd. 2. Findings. The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in areas which may be affected by unplanned land use. Subd. 3. Purpose. The purpose of this Section 31-525 is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects caused by poorly sited development or incompatible activities by regulating land-disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land-disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land-disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and development. Subd. 4. Scope and effect. The scope and effect of this Section 31-525 is as follows: (a) Applicability. Every applicant for subdivision or a permit to allow land-disturbing activities must submit a stormwater management plan to the department of community development. No building permit, subdivision approval or permit to allow land-disturbing activities may be issued until approval of the stormwater management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this Section 31-525 (b) Exemptions. The provisions of this Section 31-525 do not apply to: 7 (1) Any part of a subdivision if a plat for the subdivision has been approved by the city on or before August 3, 1993. (2) Any activity for which plans have been approved by the watershed management organization with jurisdiction over the project within six months prior to August 3, 1993. (3) A lot for which a building permit has been approved on or before August 3, 1993. (4) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles. (5) Emergency work to protect life, limb or property. Subd. 5. Plan approval procedures. Procedures for the approval of a stormwater agreement plan are as follows: (a) Application. A written application for stormwater management plan approval, along with the proposed stormwater management plan and maintenance agreement, must be filed with the department of community development and must include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted in the zoning district, and that the proposed use will conform to the standards set forth in this Section 31-525 (b) Plan contents. At a minimum, the stormwater management plan must contain the following information: (1) Existing site map. A map of existing site conditions showing the site and immediately adjacent areas, including: i. The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; ii. Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the streets and numbers of adjoining roads, railroads, utilities, subdivisions, towns and districts or other landmarks; iii. Existing topography with a contour interval appropriate to the topography of the land, but in no case having a contour interval greater than two feet (use urban sea level as a base); iv. A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetlands by the state department of natural resources, the state pollution control agency and/or United States Army Corp of Engineers; 8 v. Location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating in which direction and at what rate stormwater is conveyed from the site, identifying and receiving stream, river, public water or wetland and setting forth those areas of the unaltered site where stormwater collects; vi. A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable; vii. Vegetative cover and clearly delineating any vegetation proposed for removal; and viii. 100-year floodplains, flood fringes and floodways. (2) Site construction plan. A site construction plan must contain the following information: i. Location and dimension of all proposed land-disturbing ii. Locations and dimensions of all temporary soils or dirt stockpiles; iii. Location and dimension of all construction site erosion control measures necessary to meet the requirements of this subdivision; iv. Schedule of the starting and completion date of each land- for each phase; and v. Provisions for maintenance of the construction site erosion control measures during construction. (3) Plan of final site conditions. A plan of final site conditions on the same scale as the existing site map showing the site changes, including: i. Finished grading shown at contours at the same interval as provided on the existing site map indicating the relationship of proposed changes to existing topography and remaining features; ii. A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials that will be added to the site as part of the development; iii. A drainage plan of the developed site delineating the direction and rate of stormwater from the site and the areas of where stormwater will be allowed to collect; iv. The size, alignment and intended use of any structures to be erected on the site; v. A delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and vi. Any other information necessary for the review of the project. Subd. 6. Plan review procedure. Procedures for the review of a stormwater management plan are as follows: (a) Process. Stormwater management plans meeting the requirements of Subd. 5 of this Section 31-525 must be submitted by the community development director to the planning commission for review in accordance with the standards in Subd. 7 of this Section 31-525 9 (1) Projects within Carnelian-Marine-Saint-Croix or Browns Creek Watershed District must obtain watershed district permits as required. Projects within the jurisdiction of the Middle Saint Croix Watershed Management Organization (MSCWMO) must meet the requirements of the MSCWMO Watershed Management Plan. Projects within the MSCWMO meeting the full review requirements of the MSCWMO Plan will not be approved by the city until reviewed by the MSCWMO board. (b) Duration. Plan approval will expire one year after date of approval unless construction has commenced in accordance with the plan. The planning department may grant one extension of not greater than one year. (c) Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements of this Section 31- 525 are met. Conditions may limit the size, kind or character of the proposed development; require the construction of structures, drainage facilities, storage basins and other facilities; require replacement of vegetation; establish required monitoring procedures; stage the work over time; require alteration of the site design to ensure buffering; and require the conveyance to the city or other public entity of necessary lands or easements. (d) Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125 percent of the cost of construction. The city may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the Minnesota Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with Subd. 6(b) of this Section 31-525 (e) Fees. All applications for a stormwater management plan approval must be accompanied by a process and approval fee as set from time to time by resolution of the city council. Applicants must also reimburse the city for actual engineering costs incurred by the city for review of the application. Subd. 7. Approval standards. Standards for approval of a stormwater management plan are as follows: (a) Failure to meet requirements. No stormwater management plan that fails to meet the standards in this Section 31- may be approved. (b) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocycones, swirl concentrators or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site or receiving channels or a wetland. 10 (c) Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off the site and not allowed to be carried by runoff into a receiving channel or storm sewer system. (d) Tracking. Graveled roads, access drives and parking areas must be of sufficient width and length or prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, (not flushing), before the end of each workday. (e) Drain inlet protection. All storm drain inlets must be protected during construction until control measures are in place with a straw bale, silt fence or equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas." (f) Site erosion control. (1) Projects meeting the requirements for a Minnesota Pollution Control Agency General Stormwater Permit for Construction must supply a copy of the permit and the Stormwater Pollution Prevision Plan prior to beginning construction. (2) The following provisions shall apply to projects which require a grading permit pursuant to the city Code, but do not require a Minnesota Pollution Control Agency General Stormwater Permit for Construction: i. No grading shall occur until downstream perimeter control is in place. Perimeter control may consist of sod strips, mulch berms, or silt fence. Catch-basin inlet protection shall be placed in downstream catch-basins prior to grading. ii. Silt fence must be dug in to prevent runoff from washing beneath the silt fence. Silt fence shall be cleaned out any time sediment reaches one-third of the height of the silt fence. iii. Prior to beginning grading, an approved method for preventing vehicles from tracking soil onto public streets (i.e., rock construction entrance) shall be installed. iv. Any soil washed or tracked off site shall be removed within 24 hours. Any costs the city incurs in cleaning off-site sediment in place longer than 24 hours will be charged against the grading escrow required for the project. v. Erosion protection shall be provided on disturbed ground left inactive for 14 days. vi. Any soil stockpiles shall be surrounded with silt fence or covered with plastic. vii. Any slopes greater than 3:1 shall be covered with sod, erosion control blanket, or an approved alternative. viii. The grading escrow will not be released until an inspection by the city demonstrates that there is no more potential for erosion, that restoration is completed, and that all temporary sediment and erosion control measures have been removed from the site. 11 (c) Stormwater management criteria for permanent facilities. Stormwater management criteria for permanent facilities are as follows: 1. An applicant must install or construct, on or for the proposed land- disturbing or development activity, all stormwater management facilities necessary to manage increased runoff so that the two-year, ten-year and 100-year storm peak discharge rates existing before the proposed development are not increased and accelerated channel erosion will not occur as a result of the proposed land- disturbing or development activity. An applicant may also make an in-kind or monetary contribution to the development and maintenance of community stormwater management facilities designed to serve multiple land-disturbing and development activities undertaken by one or more persons, including the applicant. 2. The applicant must give consideration to reducing the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. 3. The following stormwater management practices must be investigated in developing a stormwater management plan in the following descending order of preference: i. Infiltration of runoff on the site, if suitable soil conditions are available for use; ii. Flow attenuation by use of open vegetated swales and natural depressions; iii. Stormwater retention facilities; and iv. Stormwater detention facilities. 4. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (g)3.i. of this Section 31-525. Justification shall be provided by the applicant for the method selected. (h) Design standards. Stormwater detention facilities constructed in the city must be designed according to the National Urban Runoff Program (NURP), wet basin design criteria and the urban best management practices as reflected in the MPCA publication "Protecting Water Quality in Urban Areas," and must contain, at a minimum, the following design factors: (1) A permanent pond surface area equal to two percent of the impervious area draining to the pond or one percent of the entire area draining to the pond, whichever amount is greater; 12 (2) An average permanent pool depth of four to ten feet; (3) As an alternative to subsections (h)(1) and (h)(2) of this Section 31-525 that the volume of permanent pool be equal to or greater than the runoff from a two- inch rainfall for the fully developed site; (4) A permanent pool length-to-width ratio of three to one or greater; (5) A minimum protective shelf extending ten feet into the permanent pool with a slope of ten to one beyond which slopes should not exceed three to one; (6) A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of one rod (16.5 feet); (7) All stormwater detention facilities must have a device to keep oil, grease and other floatable material from moving downstream as a result of normal operations; (8) Stormwater detention facilities for new development must be sufficient to limit peak flows in each sub watershed to those that existed before the development for the ten-year storm event; also, calculations and hydrologic models used in determining peak flows must be submitted along with stormwater management plan; and (9) All stormwater detention facilities must have a forebay to remove coarse- grained particles prior to discharge into a watercourse or storage basin. (i) Wetlands. Wetlands requirements are as follows: (1) Runoff must not be discharged directly into wetlands without presettlement of the runoff. (2) A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width must surround all wetlands. (3) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority: i. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; ii. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; iii. Rectifying the impact by repairing, rehabilitating or restoring the affected wetland environment; iv. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and v. Compensating for the impact by replacing or providing substitute wetland resources or environments. Compensation including the replacement ratio and 13 quality or replacement must be consistent with the requirements outlined in the rules adopted by the board of water and soil resources to implementing the Wetland Conservation Act of 1991. (j) Catchbasins. All newly installed and rehabilitated catchbasins must be provided with a sump area for the collection of coarse-grained material. The basins must be cleaned when they are half-filled with material. The requirements of this subsection may be waived by the public works department if the requirements are not feasible. (k) Drain leaders. All newly constructed and reconstructed buildings must route drain leaders to storm sewer facilities or pervious areas wherein the runoff can be allowed to infiltrate. The flow ratio of water from the leaders must be controlled so no erosion occurs in the pervious areas. (l) Inspections and maintenance. All stormwater management facilities must be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. All stormwater management facilities must have a plan of operation and maintenance that ensures continued effective removal of pollutants carried in stormwater runoff. The director of public works, or designated representative, must inspect all stormwater management facilities during construction, during the first year of operation and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of six years. It is the responsibility of the applicant to obtain any easements or property interests to allow needed access to the stormwater management facilities for inspection and maintenance purposes. (m) Models; methodologies; computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of stormwater management structures must be approved by the director of public works. Plans, specifications and computations for stormwater management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear on the plans submitted for review, unless otherwise approved by the director of public works. (n) Watershed management plans; groundwater management plans. Stormwater management plans must be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minn. Stat. §§ 103B.231 and 103B.255, respectively, and as approved by the state board of water and soil resources. (o) Easements. It is the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. (p) Other controls. In the event of any conflict between the provisions of this subdivision and other provisions of this chapter, the more restrictive standard prevails. 14 SECTION 5. Stillwater City Code Chapter 32-1 relating to the Subdivision Ordinance is hereby amended as follows: Sec. 32-1. – Subdivision ordinance. 32-1 Subd. 6 (6) regarding drainage requirements in subdivisions: (6) Drainage. Standards for drainage shall be as follows: a. All surface and underground drainage systems must be installed to adequately remove all natural drainage that accumulates on the developed property. All systems must be in conformance with the community drainage plan and all piping must provide complete removal and a permanent solution for the removal of drainage water. The drainage system may include a storm sewer system or a system of open ditches, culverts, pipes, catchbasins and ponding areas. b. The drainage plan must include water quality treatment provisions, at a minimum, meeting NURP pond standards (phosphorous removal efficiency of at least 65 percent, capacity of 2.5 inches, 24-hour storm, with 25 percent increase for sediment. See city design criteria for more information) with sufficient stormwater holding capacity to meet the no net increase design standard for a 100-year storm.meet the criteria of the City’s Engineering Design Guidelines. c. All development areas that drain into Long Lake and/or Brown Creek must show how the proposed drainage system will minimize the impact on those DNR protected wetlands. SECTION 6. 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 moves Stormwater from the zoning code into the city code and updates the standards to be consistent with the Engineering Design Guidelines. SECTION 7. 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. CITY OF STILLWATER Ted Kozlowski, Mayor 15 ATTEST: Beth Wolf, City Clerk 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 35-26 REGARDING STORMWATER MANAGEMENT PRACTICES The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 35-26 is hereby amended as follows: Sec. 35-26. - Enforcement. Subd. 1. Enforcement. The city council is responsible for the administration and enforcement of this article. Subd. 2. Violations and penalties. Any violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable by a fine of not more than $700.00 or by imprisonment for not more than 90 days, or both, plus the costs of prosecution in any case. Violations of this article can occur regardless of whether or not a permit is required for a regulated activity pursuant to this article. Subd. 3. Civil remedies. This article may also be enforced by injunction, action for abatement, or other appropriate civil remedy, or by citation written and processed as an administrative proceedings in city court. Sec. 35-26. - Stormwater management practices. Stormwater management practices shall be as follows: Subd. 1. Statutory authorization. This Section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462; Minnesota Rules, Parts 6120.2500-6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210. Subd. 2. Findings. The city hereby finds that uncontrolled and inadequately planned use of wetlands, woodlands, natural habitat areas, areas subject to soil erosion and areas containing restrictive soils adversely affects the public health, safety and general welfare by impacting water quality and contributing to other environmental problems, creating nuisances, impairing other beneficial uses of environmental resources and hindering the ability of the city to provide adequate water, sewage, flood control and other community services. In addition, extraordinary public expenditures may be required for the protection of persons and property in areas which may be affected by unplanned land use. Subd. 3. Purpose. The purpose of this Section is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects caused by poorly sited Formatted: Normal, Justified Formatted: Font: 2 development or incompatible activities by regulating Land Disturbing or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between Land Disturbing and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for Land Disturbing or development activities proposed for such areas, thereby achieving a balance between urban growth and development. Subd. 4. Scope and effect. The scope and effect of this Section is as follows: (a) Applicability. Every applicant for subdivision or a permit to allow Land Disturbing Activities must submit a stormwater management plan to the department of community development. No building permit, subdivision approval or permit to allow Land Disturbing Activities may be issued until approval of the stormwater management plan or a waiver of the approval requirement has been obtained in strict conformance with the provisions of this Section (b) Minnesota Pollution Control Agency (MPCA). The MPCA is the permitting authority for Land Disturbing Activities requiring an NPDES Permit for construction activity, including the requirements for developing and implementing a SWPPP. Where required, the NPDES Permit is in addition to Permits required by the City of Stillwater. (c) Exemptions. The provisions of this Section do not apply to: (1) Any part of a subdivision if a plat for the subdivision has been approved by the city on or before August 3, 1993. (2) Any activity for which plans have been approved by the watershed management organization with jurisdiction over the project within six months prior to August 3, 1993. (3) A lot for which a building permit has been approved on or before August 3, 1993. (4) Minor Land Disturbing Activities such as home gardens and an individual’s home landscaping, repairs and maintenance work, installation of fence, sign, telephone and electric poles and other kinds of posts or poles. (5) Emergency work to protect life, limb or property and emergency repairs, unless the Land Disturbing Activity would have required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the city’s requirements as soon as possible. (6) Construction, installation and maintenance of electric, telephone and cable television, utility lines or individual service connection to these utilities, which result in creating less than 5,000 square feet of exposed soil; Formatted: Tab stops: 0.56", Left Formatted: Tab stops: 0.56", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Font: English (United States), Not Expanded by / Condensed by Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left 3 (7) Tilling, planting or harvesting of agricultural, horticultural or silvicultural crops; (8) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles that result in creating less than 5,000 square feet of exposed soil; (9) Any Land Disturbing Activity that, in the discretion of the city, should be exempt from the provisions of this section. The city may exempt an activity from the provisions of this section if all of the following standards and requirements are met: a. Existing draining and ponding patterns are not significantly altered so as to adversely affect adjoining land; b. The resultant grade and slopes at the property line are in substantial conformity to the surrounding natural topography and are set so as to minimize erosion and provide for sufficient drainage so that both natural and stormwater enter and leave the property at the original or natural drainage points; c. All banks will be left with a slope not greater than one foot vertical to four feet horizontal, except that greater slope shall be permitted if it is in substantial conformity to the immediately surrounding area, and in the judgment of the city, it is not expected to adversely affect future development of the site. All excavated areas shall be finally graded in substantial conformity to the surrounding natural topography; and d. The property is or will be graded so that stagnant water will not be permitted to collect upon it. e. The property requires an NPDES general construction permit that is located: i. within a Wellhead Emergency Response Area; and ii. within a Drinking Water Supply Management Area with a moderate to high vulnerability. (d) Incorporation by reference. The following are hereby incorporated by reference into this ordinance: (1) The city’s Engineering Design Guidelines are hereby incorporated into this ordinance. The Guidelines shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Left, Indent: Left: 0.5", Right: 0", Space After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering Formatted: Left, Indent: Left: 0.5", Right: 0", Space After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering Formatted Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left 4 (2) The National Pollutant Discharge Elimination System Permit, MN R100001 (NPDES general construction permit) issued by the Minnesota Pollution Control Agency, August 1, 2018, as amended. Subd. 5. Plan approval procedures. Procedures for the approval of a stormwater agreement plan are as follows: (a) Application. A written application for stormwater management plan approval, along with the proposed stormwater management plan and maintenance agreement, must be filed with the city engineer and must include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted in the zoning district, and that the proposed use will conform to the standards set forth in this Section 35-26. (b) Plan contents. The stormwater management plan shall be prepared to meet the requirements of this ordinance, as well as the requirements within the city’s Engineering Design Guidelines document, the city’s MS4 permit and the NPDES construction general permit. Subd. 6. Plan review procedure. Procedures for the review of a stormwater management plan are as follows: (a) Process. Stormwater management plans meeting the requirements of Section 35-26 Subd. 5 must be submitted by the community development director to the planning commission for review in accordance with the standards of Section 35-26 Subd. 7. (1) Projects within Carnelian-Marine-Saint-Croix or Browns Creek Watershed District must obtain watershed district permits as required. Projects within the jurisdiction of the Middle Saint Croix Watershed Management Organization (MSCWMO) must meet the requirements of the MSCWMO Watershed Management Plan. Projects within the MSCWMO meeting the full review requirements of the MSCWMO Plan will not be approved by the city until reviewed by the MSCWMO board. All projects must be reviewed and approved by the city engineer. (b) Duration. Plan approval will expire one year after date of approval unless construction has commenced in accordance with the plan. The planning department may grant one extension of not greater than one year. (c) Conditions. A stormwater management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements of this are met. Conditions may limit the size, kind or character of the proposed development; require the construction of structures, drainage facilities, storage basins and other facilities; require replacement of vegetation; establish required monitoring procedures; stage the work over time; require alteration of the site design to ensure buffering; and require the conveyance to the city or other public entity of necessary lands or easements. Formatted: list2, Left, Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38" 5 (d) Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125% of the cost of construction. The city may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the Minnesota Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with Section 35- 26 Subd. 6(b). (e) Fees. All applications for a stormwater management plan approval must be accompanied by a process and approval fee as set from time to time by resolution of the city council. Applicants must also reimburse the city for actual engineering costs incurred by the city for review of the application. Subd. 7. Approval standards. Standards for approval of a stormwater management plan are as follows: (a) Failure to meet requirements. A stormwater management plan that fails to meet the standards in this ordinance and the city’s Engineering Design Guidelines shall not be approved. (b) All Land Disturbing Activities are required to follow the Construction Site Stormwater Runoff Control standards set within the city’s Engineering Design Guidelines and the NPDES construction general permit. The standards should meet the following requirements: (1) Erosion Control (2) Sediment Control (3) Temporary Sediment Basins (4) Dewatering and Basin Draining (5) Inspection and Maintenance (6) Pollution Management Measures/Construction Site Waste Control (7) Final Stabilization (8) Training (c) Stormwater management criteria for permanent facilities. Unless determined by the city engineer to be exempt or granted a waiver, all site designs shall establish Stormwater Management Practices to control the peak flow rates and pollutants of stormwater discharge associated with specified design storms and runoff volumes, as detailed in the Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: Indent: Left: 0.63", Hanging: 0.38", Tab stops: 1", Left Formatted: list1, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left 6 city’s Engineering Design Guidelines. Stormwater management criteria for permanent facilities are as follows: (1) The applicant must give consideration to reducing the need for stormwater management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. (2) The following stormwater management practices must be investigated in developing a stormwater management plan in the following descending order of preference: a. Infiltration of runoff on the site, if suitable soil conditions are available for use; b. Flow attenuation by use of open vegetated swales and natural depressions; c. Stormwater retention facilities; and d. Stormwater detention facilities. (3) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in Section 35-26 Subd. 7(c). Justification shall be provided by the applicant for the method selected. (d) Design standards. Stormwater detention facilities constructed in the city shall be designed according to the most current technology as reflected in this ordinance and the city’s Engineering Design Guidelines. Rate Control, Volume Control and Water Quality standards, as contained in the city’s Engineering Design Guidelines shall apply, unless strict adherence is waived by the City Engineer for development that results in less than one acre of Land Disturbing Activity. As an alternative to meeting the Volume Control and Water Quality standards for Land Disturbing Activities that are less than one acre or for single-family residential projects involving more than 15 units, the applicant may install a stormwater improvement, as described in the city’s Engineering Design Guidelines. Provisions shall also be required to control the rate of runoff if determined to be necessary by the City Engineer. (e) Stormwater Management Facilities Maintenance Plan and Agreement. (1) All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes and to be structurally sound. The applicant shall enter into a Maintenance Agreement with the city that documents all responsibilities for operation and maintenance of all permanent stormwater management facilities. Such responsibility shall be documented in a maintenance plan and executed through a Maintenance Agreement. The Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: list1, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left 7 Maintenance Agreement shall be executed and recorded against the parcel. The stormwater Maintenance Agreement shall be in a form approved by the city and shall describe the inspection and maintenance obligations of this section and shall, at a minimum: a. Designate a responsible party who is permanently responsible for maintenance of the structural and nonstructural measures. b. Assign responsibilities for such maintenance to successors in title. c. Allow the city and its representatives the right-of-entry for the purposes of inspecting all permanent storm water management facilities. d. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent storm water management facility. e. Include a maintenance plan that contains, but is not limited to the following: 1. Identification of all structural permanent storm water facility. 2. A schedule for regular inspection, monitoring, and maintenance of each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff. 3. Identification of a responsible party for conducting the inspection, monitoring and maintenance for each practice. 4. Include a schedule and format for reporting compliance with the maintenance agreement to the city. (2) Inspection of Storm Water Management Facilities. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in 8 drainage control facilities; and evaluating the condition of drainage control facilities and other storm water management practices. a. When any new storm water management facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer, or combined sewer; the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. b. The Director of Public Works, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five years thereafter. The inspection records will be kept on file at the public works department for a period of 6 years. It shall be responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purposes. (3) Records of Installation and Maintenance Activities. The responsible party shall make records of the installation and of all maintenance and repairs of the storm water management facilities and shall retain the records for at least three (3) years. These records shall be made available to the city during inspection of the storm water management facilities and at other reasonable times upon request. (4) Failure to Maintain Practices. If the responsible party fails or refuses to meet the requirements of the Maintenance Agreement, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the storm water management facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the responsible party shall have thirty days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of the storm water management facility for the cost of repair work and any penalties; and the cost of the work shall be assessed against the property and collected along with ordinary taxes by the county. (f) Wetlands. Wetlands requirements are as follows: (1) Runoff must not be discharged directly into wetlands without presettlement of the runoff. Formatted: List Paragraph, Justified, Indent: Hanging: 0.38", Tab stops: 0.5", Left Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: Indent: Left: 0.63", Hanging: 0.38" 9 (2) A protective buffer strip of natural vegetation at least one rod (16.5 feet) in width must surround all wetlands, however actual buffer dimensions shall be as required by the CMSCWD, BWCD, MSCWMO, or the City’s Engineering Design Guidelines, whichever is greater. (3) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating or restoring the affected wetland environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources or environments. Compensation including the replacement ratio and quality or replacement must be consistent with the requirements outlined in the rules adopted by the board of water and soil resources to implementing the Wetland Conservation Act of 1991. (g) Catchbasins. All newly installed and rehabilitated catchbasins must be provided with a sump area for the collection of coarse-grained material. The basins must be cleaned when they are half-filled with material. The requirements of this subsection may be waived by the public works department if the requirements are not feasible. (h) Drain leaders. All newly constructed and reconstructed buildings must route drain leaders to storm sewer facilities or pervious areas wherein the runoff can be allowed to infiltrate. The flow ratio of water from the leaders must be controlled so no erosion occurs in the pervious areas. (i) Models; methodologies; computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of stormwater management structures must be approved by the director of public works. Plans, specifications and computations for stormwater management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear on the plans submitted for review, unless otherwise approved by the director of public works. (j) Watershed management plans; groundwater management plans. Stormwater management plans must be consistent with adopted watershed management plans and Formatted: Indent: Left: 0.63", Hanging: 0.38" Formatted: Indent: Left: 0.63", Hanging: 0.38" Formatted: Indent: Left: 1.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2" + Indent at: 2.25" Formatted: Indent: Left: 1.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2" + Indent at: 2.25" Formatted: Indent: Left: 1.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2" + Indent at: 2.25" Formatted: Indent: Left: 1.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2" + Indent at: 2.25" Formatted: Indent: Left: 1.25", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 2" + Indent at: 2.25" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left 10 groundwater management plans prepared in accordance with Minn. Stat. §§ 103B.231 and 103B.255, respectively, and as approved by the state board of water and soil resources. (k) Easements. It is the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. (l) Other controls. In the event of any conflict between the provisions of this subdivision and other provisions of this chapter, the more restrictive standard prevails. Subd. 8. Right of entry. The issuance of a Permit constitutes a right-of-entry for the city or its contractor to enter the construction site. The Applicant shall allow the city and its authorized representatives, to: (a) Enter the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys; (b) Bring such equipment on the site as is necessary to conduct such surveys and investigations; (c) Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; (d) Inspect the stormwater pollution control measures; (e) Sample and monitor any items or activities pertaining to stormwater pollution control measures; (f) Correct deficiencies in stormwater and Erosion and Sediment Control measures consistent with the city’s Ordinances and the Engineering Design Guidelines. Subd. 9. Search warrants. If City employees have been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of an administrative search warrant from any court of competent jurisdiction. Subd. 10. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than five dollars nor more than five hundred dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55", Tab stops: 0.56", Left Formatted: Tab stops: 0.63", Left Formatted: Tab stops: 0.63", Left Formatted: Tab stops: 0.63", Left 11 (a) Notice of Violation. When the city determines that an activity is not being carried out in accordance with the requirements of this ordinance, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: (1) The name and address of the owner; (2) The address when available or a description of the land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the development activity into compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and (6) A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of services notice of violation. (b) Stop Work Orders. Persons receiving a notice of violation will be required to halt all construction activities. This Stop Work Order will be in effect until the city confirms that the Land Disturbing Activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this ordinance. (c) Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. (d) Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county. Subd. 11. Appeals. Any person aggrieved by the action of any official charged with the enforcement of this ordinance, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in regard to a specific application, shall have the right to appeal the action. (a) The aggrieved person shall submit the appeal in writing and include supporting documentation. Formatted: Tab stops: 0.63", Left Formatted: Tab stops: 0.63", Left Formatted: Tab stops: 0.63", Left 12 (b) Appeals shall be heard by an administrative hearing officer as provided in chapter 22- 10 subd. 4. Subd. 12. Other controls. In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control or shoreland protection ordinance, the more restrictive standard prevails. 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 is amended to… 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. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Engineering Design Guidelines for Stormwater Management For: City of Stillwater Revised April 8, 2019 Prepared by: Table of Contents Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 1 DESIGN OVERVIEW ....................................................................................................................... 1 2 DEFINITIONS .................................................................................................................................. 1 3 PROCEDURE FOR REVIEWING STORMWATER MANAGEMENT PLANS ................................. 2 3.1 Actions Requiring Review by the Browns Creek Watershed District (BCWD) ............................. 3 3.2 Actions Requiring Review by the Carnelian-Marine-St. Croix Watershed District (CMSCWD) .... 4 3.3 Actions Requiring Review by the Middle St. Croix Watershed Management Organization (MSCWMO) ............................................................................................................................................... 5 4 SUBMITTAL REQUIREMENTS ....................................................................................................... 6 4.1 Requirements for City of Stillwater’s Stormwater Management Plan Approval ............................ 6 5 LIST OF ACCEPTABLE PRACTICES ............................................................................................. 8 6 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ................................................... 10 6.1 Erosion Control............................................................................................................................ 10 6.2 Sediment Control Practices ......................................................................................................... 11 6.3 Temporary Sediment Basins ....................................................................................................... 12 6.4 Dewatering and Basin Draining................................................................................................... 12 6.5 Inspections and Maintenance ..................................................................................................... 13 6.6 Pollution Management Measures/Construction Site Waste Control ........................................... 14 6.7 Final Stabilization ........................................................................................................................ 14 6.8 Training ....................................................................................................................................... 15 7 GUIDANCE ON STORMWATER TREATMENT PRACTICES (STPS) ......................................... 16 8 BASIC SIZING CRITERIA.............................................................................................................. 16 8.1 Volume Control Requirements .................................................................................................... 16 8.2 Volume Control Calculations ....................................................................................................... 17 8.3 Water Quality Control .................................................................................................................. 18 8.3.1 For projects in the CMSCWD: ............................................................................................. 18 8.3.2 For projects in the MSCWMO: ............................................................................................ 18 8.4 Rate Control ................................................................................................................................ 19 8.4.1 For projects in the BCWD ................................................................................................... 20 8.4.2 For projects in the CMSCWD .............................................................................................. 20 8.4.3 For projects in the MSCWMO ............................................................................................. 20 8.5 Freeboard .................................................................................................................................... 20 8.6 Floodplain Management .............................................................................................................. 21 8.7 Buffers ......................................................................................................................................... 22 8.8 Shoreland Management .............................................................................................................. 23 8.9 Long Term Inspection and Maintenance of Stormwater Facilities .............................................. 24 9 STORMWATER TREATMENT PRACTICE DESIGN STANDARDS............................................. 24 9.1 Storm Sewers .............................................................................................................................. 24 9.2 Outlet and Inlet Pipes .................................................................................................................. 25 9.3 Channels and Overland Drainage ............................................................................................... 25 9.4 Ponds .......................................................................................................................................... 26 9.5 Infiltration/Filtration Practices ...................................................................................................... 27 9.6 Emergency Overflow Paths ......................................................................................................... 28 10 DESIGN EXAMPLES ..................................................................................................................... 28 Table of Contents Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 11 STORMWATER TREATMENT PRACTICE DETAIL DRAWINGS ................................................ 28 12 CONSTRUCTION SPECIFICATIONS ........................................................................................... 28 13 CHECKLISTS ................................................................................................................................. 28 APPENDICES Appendix A Stormwater Management Plan Checklist Appendix B Maintenance Agreement Appendix C Minimal Impact Design Flowchart Appendix D Engineering Details Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 1 1 DESIGN OVERVIEW The City of Stillwater’s Stormwater Pollution Prevention Plan (SWPPP) identifies the goals and policies that define the City’s stormwater management program, which are implemented via the City’s Stormwater Management Ordinance of the Zoning Code (Chapter 31), the City’s Local Surface Water Management Plan, and these Engineering Design Guidelines. Stillwater’s stormwater requirements were written to meet the City’s goals to preserve, protect, and manage its water resources as well as to meet federal, state, and watershed stormwater regulations, and to meet the following objectives: • Minimize increases in stormwater runoff rates from any development to reduce flooding, siltation, and erosion and to maintain the integrity of stream channels; • Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality; • Minimize the total annual volume of surface water runoff that flows from any specific site during and following development so as not to exceed the predevelopment hydrologic regime to the maximum extent practicable; • Ensure that management controls are properly maintained and pose no threat to public safety; and • Implement stormwater management controls to help meet current and future total maximum daily load (TMDL) goals, address the need to improve water quality, and meet objectives in the Local Surface Water Management Plan. 2 DEFINITIONS The following definitions describe the meaning of the terms used in this Design Manual: Applicant means a property owner or agent of a property owner who has filed an application for a Stormwater Management Permit. Applicability means any land disturbing activity requiring a City of Stillwater Stormwater Management Plan as defined in City Zone Ordinance, Section 31-525 Stormwater Management Practices. Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Impervious Area means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, gravel, driveways, swimming pools, etc.). Land Disturbance Activity means any activity that changes the volume or peak discharge rate of storm water runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse. Maintenance Agreement means document recorded against the property which provides for long- term maintenance of stormwater treatment practices. Nonpoint Source Pollution means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, and urban runoff sources. Off-Site Facility means a stormwater management measure located outside the subject property boundary described in the permit application for land development activity. Redevelopment means for projects with one acre or greater of impervious and reconstructing greater than 15% of the existing impervious surfaces the requirements of Minimal Impact Design Standards Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 2 (MIDS) will apply to both the reconstructed and new impervious surface. For projects reconstructing less than 15% of the existing impervious, only the new impervious will be subject to conformance with the MIDS requirements. (MPCA, Tech Support Document for Post-Construction Stormwater Management). Responsible Party means the entity which will be responsible for ownership and maintenance of Stormwater Treatment Practices. Stop Work Order means an order which requires that all construction activity on a site be stopped. Stormwater Management means the use of structural or non-structural practices that are design to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak discharge rates. Stormwater Management Plan means a set of drawings or other documents submitted by a person as a prerequisite to obtaining a stormwater management approval, which contains all the required information and specifications pertaining to stormwater management. Stormwater Reviews means any site that the either increases impervious surface by more than one acre or redevelops one acre or more of impervious. The review will be completed to evaluate compliance with MIDS. For sites either creating or redeveloping less than one acre of impervious, the City will work with the applicant to determine if water quality practices can be incorporated into the site. Sites less than one acre will also not allow their drainage to negatively impact downstream properties (or water bodies). Stormwater Runoff means flow on the surface of the ground resulting from precipitation. Stormwater Treatment Practices (STPs) means measures, either structural or nonstructural, that are determined to be the most effective and practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and waterbodies. Water Quality Volume (WQ v ) means that runoff storage volume needed to treat the specified phosphorus loading as determined in the Stillwater Engineering Design Guidelines. Watercourse means a permanent or intermittent stream or other body of water, either natural or fabricated, which gathers or carries surface water. Watershed means the total drainage area contributing runoff to a single point. 3 PROCEDURE FOR REVIEWING STORMWATER MANAGEMENT PLANS Every applicant for a subdivision or a permit to allow land-disturbing activities will be required to submit an erosion control plan. In addition, all projects either creating or disturbing one acre or greater of new impervious will require the submittal of a Stormwater Management Plan. The following activities are exempt from submitting a Stormwater Management Plan: 1. Any part of a subdivision if a plat for the subdivision has been approved by the City on or before August 3, 1993. 2. Any activity for which plans have been approved by the watershed management organization with jurisdiction over the project within six months prior to August 3, 1993. 3. A lot for which a building permit has been approved on or before August 3, 1993. 4. Installation of fence, sign, telephone and electric poles, and other kinds of posts or poles. 5. Emergency work to protect life, limb, or property. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 3 The general review process, from the submittal of the concept and final plans to the issuance of the Stormwater Management Plan approval, is summarized in the following seven steps: 1. Determine what stormwater management provisions apply (stormwater management, erosion control, wetland management, floodplain management). 2. Determine what permits or approvals are required for the project site and what waivers and/or exemptions are applicable (COE, DNR, MPCA, Watershed, WCA, etc.). 3. Determine if the project falls with the Browns Creek Watershed District (BCWD), Carnelian- Marine-St. Croix Watershed District (CMSCWD), and/or the Middle St. Croix Watershed Management Organization (MSCWMO). 4. Select the appropriate practices appropriate for the site. 5. Determine if the practices designed to meet the minimum performance criteria. 6. Determine if the Plan meets other resource protection requirements as specified in the City of Stillwater Code. 7. Conform there are provisions for long-term maintenance adequate, including defined access and methods for maintenance. 3.1 Actions Requiring Review by the Browns Creek Watershed District (BCWD) Stormwater Management 1. Residential subdivision or development of four or more lots. 2. Development or redevelopment creating impervious surface that, aggregated with existing impervious surface on the site, equals 10,000 square feet or more or creating impervious surface that, aggregated with existing impervious surface on the site, equals 5,000 square feet or more on a site within the surface water contributing area of a groundwater-dependent natural resource. For redevelopment: (a) If the proposed activity will disturb more than 50% of existing impervious surface, the stormwater management standards will apply to all impervious surface and disturbed areas on the project site. (b) If the proposed activity will disturb less than 50% of existing impervious surface, the stormwater management standards will apply only to reconstructed and net additional impervious surface and all disturbed areas on the project site. 3. Linear projects that create one or more acres of new and/or reconstructed impervious surfaces or that create 5,000 square feet or more of new and/or reconstructed impervious surface within the surface water contributing area of a groundwater-dependent natural resource. 4. The following are exempt from requiring a stormwater management permit from BCWD: (a) Single-family home sites (b) Land-disturbing activities that do not involve creation of new impervious surface or reconstruction of existing impervious surface. Erosion Control All persons undertaking any grading, filling, or other land disturbing activities which involve movement of more than 50 cubic yards of earth or removal of vegetative cover on five thousand (5,000) square feet or more of land shall submit an erosion control plan to the District, and secure a permit from the District approving the erosion control plan Lake, Stream, and Wetland Buffers The Lake, Stream and Wetland Buffer Requirements apply to the following land: 1. Land adjacent to Brown’s Creek; a tributary of Brown’s Creek designated as a public water pursuant to Minnesota Statues section 103G.005, subdivision 15; a lake, as Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 4 defined in these rules; a wetland one acre or larger; or a groundwater dependent natural resource; and 2. Land that has been either (i) subdivided or (ii) subject to a new primary use for which a necessary rezoning, conditional use permit, special-use permit or variance has been approved on or after April 9, 2007, (for wetlands and groundwater-dependent natural resources other than public waters) or January 1, 2000 (for other waters). Shoreline & Stream Bank Alterations No person shall disturb the natural shoreline or streambank partially or wholly below the ordinary high-water mark of a waterbody, without first securing a permit from the District and posting a surety. Floodplain & Drainage Alterations No person shall alter or fill land below the 100-year flood elevation of any waterbody, wetland, or stormwater management basin, or place fill in a landlocked basin without first obtaining a permit from the District. No person shall alter stormwater flows at a property boundary by changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet without first obtaining a permit from the District. 3.2 Actions Requiring Review by the Carnelian-Marine-St. Croix Watershed District (CMSCWD) Stormwater Management 1. Residential subdivision of four or more lots; 2. Any project (including linear projects such as road, bikeway, sidewalk, etc.) creating impervious surface that exceeds either one acre or 5% of a site, whichever is less; or 3. Land disturbance of 5,000 square feet or more that includes creating impervious surface within 1,000 feet of and tributary to a groundwater-dependent natural resource or public water. The District’s purposes and policy identifies areas subject to these criteria. 4. New or continued mining operations. 5. Projects requiring a variance from the applicable shoreland or St. Croix Riverway ordinance relating to structure setback from the property line adjacent to the resource or impervious surface percentage. 6. Redevelopment activity. If the proposed activity will disturb more than 50% of existing impervious surface and results in a net increase in impervious surface, the management standards will apply to all impervious surface on the project site. Otherwise, the criteria will apply only to new and reconstructed impervious surface. Notwithstanding, for road and other linear projects, only the net additional surface will be considered. Erosion and Sediment Control 1. Land disturbance of one acre or more; 2. Land disturbance of 1/4 acre or more, if any part of the disturbed area is within 1,000 feet of and tributary to a groundwater-dependent natural resource or public water; or 3. Any land disturbance that requires a District permit under a rule other than the Erosion and Sediment Control Rule. A person disturbing between 5,000 square feet and 1/4 acre, if any part of the disturbed area is within 1,000 feet of and tributary to a groundwater-dependent natural resource or public water, but not requiring a permit under the criteria of the Erosion and Sediment Control Rule, must submit a notice of intent on a form provided by the District and conform the activity to standard best practices published by the District. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 5 Lake, Stream, and Wetland Buffers The Lake, Stream and Wetland Buffer Requirements apply to the following land: 1. Land adjacent to a stream designated as a public water pursuant to Minnesota Statues section 103G.005, subdivision 15 as amended; a recreational development or natural environmental lake designated as a public water under Minnesota Statues section 103G.005, subdivision 15 as amended, a groundwater dependent natural resource, a wetland, or the St. Croix River; and 2. Land that has been either (i) subdivided or (ii) subject to a variance from the applicable shoreland or St. Croix Riverway ordinance relating to structure setback from the property line adjacent to the resource or impervious surface percentage; on or after March 1, 2010. Shoreline & Streambank Alterations No person shall disturb the natural shoreline or streambank partially or wholly below the ordinary high-water mark of a waterbody, without first securing a permit from the District and posting a surety. Watercourse & Basin Crossings No person shall use the beds of any waterbody within the District for agricultural activity or for the any other activity including, but not limited to the placement of roads, trails, and utilities without first securing a permit from the District. Floodplain & Drainage Alterations No person shall complete a subdivision of land or alter or fill land below the 100-year flood elevation of any waterbody, wetland, or stormwater management basin, or place fill below the 100-year flood elevation of a landlocked basin without first obtaining a permit from the District. No person shall alter stormwater flows at a property boundary by changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet without first obtaining a permit from the District. Wetland Management The District Wetland Management Plan regulates the following activities: 1. Excavation in all Management Category (1 through 4) wetlands. 2. Alteration of existing upland buffer associated with other activities regulated under this Rule. 3. Livestock access within all Management Category wetlands. 4. Water appropriation and/or dewatering of Management Categories 1, 2, and 3 wetlands. 5. Any other activity that alters the character or hydrology of a wetland. A wetland management plan shall be submitted to the District in conformity with the requirements of the Wetland Management Rule before any of the above activities begins. 3.3 Actions Requiring Review by the Middle St. Croix Watershed Management Organization (MSCWMO) 1. Any project undertaking grading, filling, or other land alteration activities which involve movement of earth or removal of vegetation on greater than 10,000 square feet of land. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 6 2. All projects that creates or fully reconstructs 6,000 square feet or more impervious surface. 3. All major subdivisions or minor subdivisions that are part of a common plan of development. Major subdivisions are defined as subdivisions with four or more lots. 4. Any project with wetland impacts and any project with grading within public waters, the wetland buffer as identified in the plan, or within 40 feet of the bluff line. 5. Any project in the St. Croix Riverway that requires a building permit and adds 500 square feet or greater of additional impervious surface. 6. Any project requiring a variance from local impervious surface zoning requirements. 7. Development projects that impact two or more of the member communities. 4 SUBMITTAL REQUIREMENTS 4.1 Requirements for City of Stillwater’s Stormwater Management Plan Approval Stormwater Management Plan (Required) No stormwater management permit will be approved unless it includes a Stormwater Management Plan detailing how runoff and associated water quality impacts resulting from the development will be controlled or managed (note the exceptions in Section 3). This plan must indicate whether stormwater will be managed on-site or off-site and, if on-site, the general location and type of practices. The Stormwater Management Plan must be signed by a licensed professional engineer in the State of Minnesota, who will verify that the design of all stormwater management practices meet the submittal requirements outlined in the Submittal Checklist found in Appendix A. No building permit, grading permit, or subdivision approval shall be issued until a satisfactory final Stormwater Management Plan or a waiver thereof has undergone a review and been approved by the City after determining that the plan or waiver is consistent with the requirements of this manual. Projects within CMSCWD or BCWD must obtain watershed district permits as required. Projects within the jurisdiction of the MSCWMO must meet the requirements of the MSCWMO Watershed Management Plan. Projects within the MSCWMO meeting the full review requirements of the MSCWMO Plan will not be approved by the City until reviewed by the MSCWMO board. Stormwater Management Conceptual Plan Requirements (Optional) A stormwater management concept plan submittal is optional, but highly encouraged. A concept plan identifies basic site information, locations of proposed development features, and preliminary locations and sizing of STPs. The concept submittal has a greater chance of identifying major obstacles and can facilitate alternative stormwater management arrangements in a timely fashion and at the onset of project planning. If a concept plan is submitted for review, it should include sufficient information (e.g., maps, basic hydrologic, and water quality calculations) to evaluate the environmental characteristics of the project site. This information should show the potential impacts of all proposed development of the site, both present and future, on the water resources, and show the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. The intent of this conceptual planning process is to determine the type of stormwater management of stormwater runoff form future development, and to identify major issues prior to completing final plans. The concept plan is less time consuming and more efficient to evaluate proposed development plans with this step of the review process. The final plan provides more detailed design information for the proposed STPs and includes much more detail in terms of hydrologic conditions and site features. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 7 For redevelopment, an applicant should include within a concept plan measures for controlling existing stormwater runoff discharges and water quality from the site in accordance with the standards of this Manual. After the review of the concept plan and modifications are made to that plan as deemed necessary by the City, a final Stormwater Management Plan may be submitted for approval. Stormwater Management Plan Requirements (Required) Record drawings are required for all projects that impact wetlands and/or the floodplain, require water quality ponding, have significant grade changes, and/or have other unusual circumstances. Record drawings must be certified by a professional land surveyor or civil engineer. (Record drawings should not include temporary erosion control measures.) 1. Plan Details North arrow, street names, and lot and block numbers for property or subdivision Location of benchmark based on the City/County benchmark system Key with all line types, symbols, shading, and cross-hatching denoted Illustration key showing symbols for all information pertaining to lot and building design, including grades, easements, lot and block, setbacks, etc. Plan scale (shown graphically on a bar scale) of: 1 inch = 20 feet, 1 inch = 30 feet, 1 inch = 40 feet, or 1 inch = 50 feet. Plans in other scales will not be reviewed. Total area of subject property, with subtotals of disturbed and undisturbed areas (tabulation permitted) Subject property’s boundary lines, lot lines, and right-of-way lines All existing and proposed drainage and utility easements All man-made features including existing and proposed buildings, structures, and paved areas All existing storm sewer facilities within 150 feet of the subject parcel All proposed storm sewer facilities (include grades and size of structures) All existing and proposed natural features including, but not limited to, significant trees and tree lines, wetlands, ponds, lakes, streams, drainage channels, and floodplain Show setbacks and buffers for wetlands, ponds, lakes, streams, and floodplains All adjacent plats, parcels, rights-of-way, section lines, extended a minimum of 100 feet (50 feet for single family home construction) beyond the subject parcel in all directions Crossing out of incorrect information (elevations, distances, etc.) will not be allowed on record plans. Incorrect information must be cleanly removed and replaced with the correct record plan information. Proposed elevations and lengths that are not changed should be check-marked to indicate them as being as-built. 2. Topography Topography details in a minimum of two-foot contour intervals with existing contours as dashed lines and proposed contours as dark, solid lines, labeled at each edge of the plan and at other appropriate locations Standard lot benching detail, where appropriate (maximum slopes 3:1) Direction arrows indicating swales and lot drainage patterns (show percent grades along drainage swales on plan) 3. Elevation Information Proposed top of curb elevations at lot corners and driveway or entrances Finished spot elevations at all high and low points Proposed elevations at garage and lowest floor for proposed buildings Proposed finished ground elevations around home for final grading 4. Temporary Erosion Control Best Management Practices (BMPs) Show location of all structural erosion control measures (with standard detail plates and maintenance information for each), including, but not limited to: Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 8 Temporary rock entrance/exit for all vehicle access points (show on plan and provide detail) Perimeter silt fence. Silt fence and/or bale checks should also be placed along swales or slopes greater than 50 feet in length (flare ends of silt fence up slope) Storm sewer inlet filters (indicate type and show graphically on plan at each location) Temporary sediment basins Erosion control mats, fiber blankets, netting, temporary seed, or temporary mulch. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased and no later than seven days after construction activity in that portion of the site has temporarily or permanently ceased when discharge points on the project is within one mile of a special or impaired water and flows to that special or impaired water. Soil stockpile areas (indicate temporary stabilization measures) Street Sweeping Required Plans must include a note indicating that all adjacent streets will be swept daily, or as directed by the City, to remove all accumulated materials. Failure to perform any street sweeping within six hours of notice by the City will result in the work being performed by the City and all associated costs billed. The City also requires removal of accumulated materials on streets during winter. 5. Final Stabilization New resident construction requires vegetated stabilization from the front curb line to the back of the structure for the entire width of the lot. Show seeding and/or turf establishment locations and specifications, including: Type of seeding (permanent, temporary, dormant) Seed type and application rate Fertilizer type and application rate Mulch type, application rate, and method of anchoring Specifications for installation and maintenance of erosion control mats, blankets, or netting Note requiring seeding/restoration to be completed within 48 hours of final grading Location of all areas to be vegetated 6. Tree Preservation Show the following standards when a Tree Preservation Plan is required (see Tree and Forest Protection code for more requirements and information): Location, size, and species of all trees that are six caliper inches or greater for deciduous trees, or ten feet in height for coniferous trees. Trees to be preserved. Trees to be removed. Trees within 30 feet of grading limits. Method of tree protection. Tree replacement plan. The location and listing by size and species of existing significant trees, and delineation of the canopy cover of areas of significant trees greater than 10,000 square feet in size. The data on the significant trees should be listed in tabular form on the plan or included as an attachment. 7. Miscellaneous Traffic plan showing how the grading materials will be removed from or delivered to the site. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 9 One copy of soil borings together with boring location maps and other soils information pertinent to improvements. Schedule of building construction phasing. 5 LIST OF ACCEPTABLE PRACTICES In the development of the STP appropriate for the development or redevelopment, infiltration (water quality volume) is foremost in importance to apply in the design. Filtration is warranted when site conditions do not allow for an effective infiltration facility. For flooding or rate control, detention systems are typically the preferred practice. Low Impact Design (LID) practices are encouraged when they can be functionally incorporated into the design. Alternative practices may be approved at the discretion of the City Engineer. For when infiltration is not feasible the STPs proposed shall meet the performance identified in the MIDS Flexible Treatment Options (FTO). Volume Control Systems: • Infiltration trench • Infiltration basin • Raingarden • Underground storage • Reuse • Green Roofs • Trees/Tree Planters Filtration Systems: • Surface sand filter • Underground sand filter • Perimeter sand filter • Organic filter • Bioretention system • Raingarden with underdrain • Pervious pavement with underdrain • Underground storage with underdrain • Tree trench Detention Systems: • Wet pond • Stormwater re-use systems • Multiple pond systems • Extended detention basin • Micro-pool extended detention basin • Dry detention ponds • Underground storage • Other, as approved by the City of Stillwater Wetlands: • Shallow wetland • Pond/wetland systems Open Channel Systems: • Dry swale • Wet swale • Grass swale • Natural channel or stream Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 10 6 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL 6.1 Erosion Control 1. The City will enforce the Restrictive Soils requirements of the City’s Zoning Ordinance for new development on soils with potential for erosion and sedimentation. 2. The Permittee must plan for and implement appropriate construction phasing vegetative buffer strips, horizontal slope grading, and other construction practices to minimize erosion. All areas not to be disturbed shall be marked (e.g. with flags, stakes, signs, silt fence etc.) on the project site before any work begins. 3. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased and no later than seven days after construction activity in that portion of the site has temporarily or permanently ceased when discharge points on the project is within one mile of a special or impaired water and flows to that special or impaired water. 4. Additional BMPs together with enhanced runoff controls are required for discharges to special waters and impaired waters. The BMPs identified for each special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile of a special or im paired water and flows to that water. The additional BMPs are identified in Appendix A of the NPDES Construction General Permit. 5. The permittee must stabilize the normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from any portion of the construction site, or diverts water around the site, within 200 lineal feet from the property edge or from the point of discharge into any surface water. Stabilization of the last 200 lineal feet must be completed within 24 hours after connecting to a surface water or property edge. 6. Pipe outlet must have temporary or permanent energy dissipation before connecting to surface water. 7. When possible, all slopes must be graded in such a fashion so that tracking marks made from heavy equipment are perpendicular to the slope. 8. All areas disturbed during construction must be restored as detailed in these requirements. The type of permanent restoration shall be clearly shown on the plans including but not limited to sod, seed, impervious cover and structures. A minimum of six inches of topsoil must be installed prior to permanent restoration. Areas in which the top soil has been placed and finish graded or areas that have been disturbed and other grading or site building construction operations are not actively underway must be temporary or permanently restored as set forth in the following requirements. a. Areas with slopes that area less than 3:1 must be seeded and mulched within 14 days of the area not being actively worked. b. Areas with slopes that area greater or equal to 3:1 must be seeded and erosion control blanket placed within 14 days of the area not being actively worked. c. All seeded area must be either mulched and disc anchored, hydro- mulched, or covered by erosion control blanket to reduced erosion and protects the seed. Temporary or permanent mulch must be disc anchored and applied at a uniform rate of two tons per acre and have 90% coverage. d. If the disturbed area will be re-disturbed within a six month period, temporary vegetative cover shall be required consisting of an approved seed mixture and application rate. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 11 e. If the disturbed area will not be re-disturbed within a six month period, permanent vegetative cover shall be required consisting of an approved seed mixture and application rate. f. All areas that will not have maintenance done such as mowing as part of the final design shall be permanently restored using an approved seed mixture and application rate. g. Restoration of disturbed wetland areas shall be accomplished using an approved seed mixture and application rate. 9. All erosion control measures must be maintained for the duration of the project until final stabilization has been achieved. If construction operations or natural events damage or interfere with any erosion control measures, they shall be restored to serve their intended function. 10. Additional erosion control measures shall be added as necessary to effectively protect the natural resources of the City. The temporary and permanent erosion control plans shall be revised as needed based on current site conditions and to comply with all applicable requirements 6.2 Sediment Control Practices 1. Sediment control practices must be established on all down gradient perimeters before any upgradient land disturbing activities begin. These practices must remain in place until final stabilization has been achieved. 2. If down gradient treatment system is overloaded additional up gradient sediment control practices must be installed to eliminate overloading. The SWPPP must be amended to identify the additional practices. 3. All storm drain inlets must be protected by approved BMPs during construction until all potential sources for discharge have been stabilized. These devices must be maintained until final stabilization is achieved. Inlet protection may be removed if a specific safety concern (street flooding/freezing) has been identified. 4. Temporary stockpiles must have silt fence or other effective sediment controls on the down gradient side of the stockpile and shall not be placed at least 25 feet from any road, wetland, protected water, drainage channel, or stormwater inlets. Stockpile left for more than 14 days must be stabilized with mulch, vegetation, tarps or other approved means. 5. Vehicle tracking of sediment from project shall be minimized by approved BMPs. These shall be installed and maintained at the City approved entrances. Individual lots shall each be required to install and maintained entrances throughout the construction building until a paved driveway is install. 6. Sediment that has washed or tracked from site by motor vehicles or equipment shall be cleaned from paved surfaces throughout the duration of construction. 7. Silt fence or other approved sediment control devices must be installed in all areas as shown on the SWPPP. 8. Silt fence or other approved sediment control devices shall be required along the entire curb line, except for approved opening where construction entrance will be installed or drainage flows away from curb. This device must be maintained until final stabilization is achieved. Ditch checks shall be required in ditch bottoms. Spacing for the check must be as followed: [Height in feet (of the sediment device used)] X 100 / Slope Gradient 9. Dust control measures such as application of water must be performed periodically due to weather, construction activity, and/or as directed by the City. 10. Flows from diversion channels or pipes (temporary or permanent) must be routed to sedimentation basins or appropriate energy dissipaters to prevent the transport of sediment to outflow or lateral conveyors and to prevent erosion and sediment buildup when runoff flows into the conveyors. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 12 11. A concrete washout shall be installed on projects that require the use of concrete. All liquid and solid waste generated by concrete washout operations must be contained in a leak-proof containment facility or impermeable liner. A sign must be installed adjacent to each washout facility to inform operators to utilize the proper facilities. 12. All sediment control measures shall be used and maintained for the duration of the project until final. If construction operations or natural events damage or interfere with any erosion control measures, they must be restored to serve their intended function. 13. Additional sediment control measures shall be added as necessary to effectively protect the natural resources of the City. The temporary and permanent erosion control plans shall be revised as needed based on current site conditions and to comply with all applicable requirements. 14. Restrict clearing and grading within 20 feet of an existing wetland boundary to provide for a protective buffer strip of natural vegetation. 6.3 Temporary Sediment Basins A temporary sediment basin (or permanent) shall be provided when ten or more acres of disturbed soil drain to a common location prior to the runoff leaving the site or entering surface waters. The Permittee is also encouraged, but not required, to install temporary sediment basins in areas with steep slope or highly erodible soils even if the area is less than ten acres and it drains to one common area. The basins shall be designed and constructed according to the following requirements: 1. The basins must provide storage below the outlet pipe for a calculated volume of runoff from a 2-year, 24-hour storm from each acre drained to the basin, except that in no case shall the basin provide less than 1,800 cubic feet of storage below the outlet pipe from each acre drained to the basin. 2. Where no such calculation has been performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet of storage below the outlet pipe per acre drained to the basin shall be provided where attainable until final stabilization of the site. 3. Temporary basin outlets will be designed to prevent short-circuiting and the discharge of floating debris. The basin must be designed with the ability to allow complete basin drawdown (e.g., perforated riser pipe wrapped with filter fabric and covered with crushed gravel, pumps or other means) for maintenance activities and provide a stabilized emergency overflow to prevent failure of pond integrity. Energy dissipation must be provided for the basin outlet. 4. Temporary (or permanent) basins must be constructed and made operational concurrent with the start of soil disturbance that is up gradient of the area and contributes runoff to the pond. 5. Where the temporary sediment basin is not attainable due to site limitations, equivalent sediment controls such as smaller sediment basins and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate combination of measures are required for all down slope boundaries of the construction area and for those side slope boundaries deemed appropriate as dictated by individual site conditions. In determining whether installing a sediment basin is attainable, the Permittee must consider public safety and may consider factors such as site soils, slope, and available area on site. This determination must be documented in the SWPPP. 6. The Permittee shall maintain the sedimentation basins and will remain functional until an acceptable vegetative cover is restored to the site, resulting in a pre-development level rate of erosion. The City will not issue building permits for lots containing sediment basins until they have been removed or relocated based on the projects restoration progress. 7. Basins designed to be used for permanent stormwater management shall be brought back to their original design contours prior to acceptance by the City. 6.4 Dewatering and Basin Draining Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 13 1. If water cannot be discharged into a sedimentation basin before entering a surface water it must be treated with the appropriate BMPs, so that the discharge does not adversely affect the receiving water or downstream landowners. The Permittee must make sure discharge points are appropriately protected from erosion and scour. The discharge must be dispersed over riprap, sand bags, plastic sheeting or other acceptable energy dissipation measures. Adequate sediment control measures are required for discharging water that contains suspended soils. 2. All water from dewatering or basin draining must discharge in a manner that does not cause nuisance conditions, erosion in receiving channels, on down slope properties, or inundation in wetlands causing significant adverse impact to wetlands. 6.5 Inspections and Maintenance 1. The Permittee shall be responsible for inspecting and maintenance of the BMPs 2. The Permittee must routinely inspect the construction project once every seven days during active construction and within 24-hours of a rainfall event of 0.5 inches or greater in 24-hours. 3. All inspections and maintenance conducted during construction must be recorded in writing and must be retained with the SWPPP. Records of each inspection and maintenance activity shall include: a. Date and time of inspection. b. Name of person(s) conducting the inspections. c. Findings of inspections, including recommendations for corrective actions. d. Corrective actions taken (including dates, times, and the party completing the maintenance activities). e. Date and amount of all rainfall events 0.5 inches or greater in 24-hours. f. Documentation of changes made to SWPPP. 4. Parts of the construction site that have achieved final stabilization, but work continues other parts of the site, inspections of the stabilized areas can be reduced to once a month. If work has been suspended due to frozen ground conditions, the required inspections and maintenance must take place as soon as runoff occurs or prior to resuming construction, which ever happens first. 5. All erosion and sediment BMPs shall be inspected to ensure integrity and effectiveness. All nonfunctional BMPs shall be repaired, replaced, or supplemented with a functional BMP. The Permittee shall investigate and comply with the following inspection and maintenance requirements. 6. All silt fences must be repaired, replaced, or supplemented when they become nonfunctional or the sediment reaches half of the height of the fence. These repairs shall be made within 24 hours of discovery, or as soon as field conditions allow access. 7. Temporary and permanent sedimentation basins must be drained and the sediment removed when the depth of sediment collected in the basin reaches half the storage volume. Drainage and removal must be completed within 72 hours of discovery, or as soon as field conditions allow access. 8. Surface waters, including drainage ditches and conveyance systems, must be inspected for evidence of sediment being deposited by erosion. The Permittee shall remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems, and restabilize the areas where sediment removal results in exposed soil. The removal and stabilization shall take place within seven days of discovery unless precluded by legal, regulatory, or physical access constraints. The Permittee shall use all reasonable efforts to obtain access. If precluded, removal and stabilization shall take place within seven calendar days of obtaining access. The Permittee is responsible for contacting all local, regional, state, and federal authorities and receiving any applicable permits, prior to conducting any work. 9. Construction site vehicle exit locations shall be inspected for evidence of off-site sediment tracking onto paved surfaces. Tracked sediment shall be removed from all off- site paved surfaces, within 24 hours of discovery or, if applicable, within a shorter time. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 14 10. The Permittee is responsible for the operation and maintenance of temporary and permanent water quality management BMPs, as well as all erosion prevention and sediment control BMPs, for the duration of the construction work at the site. The Permittee is responsible until another Permittee has assumed control over all areas of the site that have not been finally stabilized or the site has undergone final stabilization, and a Notice of Termination has been submitted to the MPCA. 11. If sediment escapes the construction site, off-site accumulations of sediment shall be removed in a manner and at a frequency sufficient to minimize off-site impacts (e.g., fugitive sediment in streets could be washed into storm sewers by the next rain and/or pose a safety hazard to users of public streets). 12. All infiltration areas shall be inspected to ensure that no sediment from ongoing construction activities is reaching the infiltration area and these areas are protected from compaction due to construction equipment driving across the infiltration area. 6.6 Pollution Management Measures/Construction Site Waste Control 1. The Permittee must implement the following pollution prevention management measures on the site. a. Solid Waste – Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris, and other wastes must be disposed of properly and must comply with MPCA disposal requirements. b. Hazardous Materials such as oil, gasoline, paint, and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks, or other discharge. Restricted access to storage areas shall be provided to prevent vandalism. Storage and disposal of hazardous waste shall follow MPCA regulations. c. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff shall be contained and waste properly disposed of. No engine degreasing is allowed on site. d. The City of Stillwater prohibits discharges of any material other than stormwater and discharges from dewatering or basin draining activities. Prohibited discharges include but are not limited to vehicle and equipment washing, maintenance spills, wash water, and discharges of oil and other hazardous substances. e. The Permittee must comply with all other pollution prevention/good housekeeping requirements of the MPCA NPDES Construction General Permit. 6.7 Final Stabilization 1. The Permittee must ensure final stabilization of the project. Final stabilization can be achieved in one of the following ways. 2. All soil disturbing activities at the site have been completed and all soils will be stabilized by a uniform perennial vegetative cover with a density of at least 70% over the entire pervious surface area, or other equivalent means necessary to prevent soil failure under erosive conditions and; a. All drainage ditches, constructed to drain water from the site after construction is complete, must be stabilized to preclude erosion; and b. All temporary synthetic and structural erosion prevention and sediment control BMPs (such as silt fence) must be removed as part of the site final stabilization; and c. The Permittee must clean out all sediment from conveyances and from temporary sedimentation basins that are to be used as permanent water quality management basins. Sediment must be stabilized to prevent it from washing back into the basin, conveyances or drainage ways discharging off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to design capacity. 3. For residential construction only, final stabilization has been achieved when: a. Temporary erosion protection and down gradient perimeter control for individual lots has been completed and the residence has been transferred to the homeowner. b. The Permittee must distribute the MPCA “homeowner factsheet” to the homeowner so the homeowner is informed for the need, and benefits, of final stabilization. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 15 6.8 Training 1. The SWPPP must provide a chain of command showing who prepared the SWPPP, who is responsible for the management of the construction site and inspections. 2. The training shall consist of a course developed by a local, state or federal agency, professional organization, water management organization, or soil and water conservation district and must contain information that is related to erosion prevention, sediment control, or permanent stormwater management and must relate to the work that you are responsible for managing. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 16 7 GUIDANCE ON STORMWATER TREATMENT PRACTICES (STPS) Designers are expected to follow the Minimal Impact Design Standards (MIDS) flowchart detailed in the Minnesota Stormwater Manual (Appendix C). Deviations from recommended guidance in the Minnesota Stormwater Manual will require detailed written explanation. Approval of any deviation from the Minnesota Stormwater Manual guidance will be at the discretion of the City. 8 BASIC SIZING CRITERIA Proposed Stormwater Management Plans must incorporate volume control, water quality control, and rate control as the basis for stormwater management in the proposed development plan. The City of Stillwater, as a permitted MS4, requires for new development projects to have a no net increase from pre-project conditions of total volume, TSS, and TP; in addition, for redevelopment projects within the City, it is required to have a net reduction from pre-project conditions of total volume, TSS, and TP. 8.1 Volume Control Requirements Volume control measures are required on projects to meet the water quality criteria of the BCWD, CMSCWD, and MSCWMO Stormwater Management Plan and to meet the requirements of the City of Stillwater’s MS4 Permit obligations. Volume control shall be required for proposed new impervious areas greater than one-half acre or redevelopment of impervious greater than one-half acre. If an applicant can demonstrate that the volume control standard has been met, then the water quality sizing criteria shall be considered satisfied. For projects in the BCWD: 1. The applicant must demonstrate that the proposed land altering activity will not increase stormwater flow volume from the site, as compared with the pre-settlement conditions, for a 24-hour precipitation event with a return frequency of two years, or five years within a landlocked basin or subwatershed draining to a landlocked basin. 2. If the proposed activity will disturb more than 50% of existing impervious surface, the criteria of subsection 2.4 of the Stormwater Management Rule will apply to all impervious surface on the project site. Otherwise, the criteria will apply only to net additional impervious surface. Notwithstanding, for road and other linear projects, only net additional surface will be considered. For projects in the CMSCWD: The applicant must demonstrate that the proposed land-altering activity: 1. Will not increase stormwater flow volume from the site, as compared with the stormwater flow volume calculated in accordance with sub-section 2.5.3 of CMSCWD’s Rule 2.0 Stormwater Management, for a 24-hour precipitation event with a return frequency of two years, or ten years within a landlocked basin or a subwatershed draining to a landlocked basin. 2. Will provide water quality Best Management Practices (BMPs) sized to infiltrate and/or retain the runoff volume generated on the site by the 2-year, 24-hour event under the developed condition for all points where discharges leave a site. For that portion of the 2- year, 24-hour event runoff volume that is not required to be infiltrated as described above, water quality BMPs or additional infiltration will be incorporated. The order of preference for water quality BMPs is biofiltration, filtration, wetland treatment system, extended detention, and wet detention in accordance with NURP standards. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 17 3. Will not increase the bounce in water level or duration of inundation, for a 24-hour precipitation event with a return frequency of 2-, 10-, and 100-years in the subwatershed in which the site is located, for any downstream lake or wetland beyond the limit specified in Appendix 2.2 of the District’s Rules. An applicant for a residential project, including subdivision of less than four lots, that creates one acre or less of impervious surface may demonstrate alternative compliance with the management standards via completion of the District's Small Residential Project Stormwater Worksheet, available from the District office or on the District's website. For projects in the MSCWMO: 1. New, Nonlinear Developments: For new, nonlinear developments that create new impervious surfaces on sites without restrictions, stormwater runoff volumes will be controlled and the post-construction runoff volume shall be retained on site for 1.1 inches of runoff from impervious surfaces. 2. Reconstruction/Redevelopment Projects: Nonlinear redevelopment projects on site without restrictions that create or fully reconstruct impervious surfaces shall capture and retain on site 1.1 inches of runoff from the new and/or fully reconstructed impervious surfaces. 3. Linear Projects: Linear projects (roadways, sidewalks, and trails) that create or fully reconstruct impervious surface without restrictions and not part of another development shall capture and retain the larger of the following: (a) 0.55 inches of runoff from the new and/or fully reconstructed impervious surfaces (b) 1.1 inches of runoff from the net increase in impervious area 8.2 Volume Control Calculations Depending on applicability, a proposed development shall capture and retain on site 1.1 inches of runoff from the total impervious surface in post-construction conditions. For redevelopment projects, the performance goal is to capture and retain on site 1.1 inches of runoff from the new and/or fully redeveloped impervious surfaces over one acre. For projects less than one acre, the City encourages applicants to incorporate volume control or the water quality provisions to the extent feasible. For linear projects, the performance goal is to capture and retain onsite the larger of the following: • 0.55 inches of runoff from the new and fully reconstructed impervious surfaces • 1.1 inches of runoff from the net increase in impervious surfaces For projects where it is not feasible to meet the volume reductions requirements it will be required to meeting the water quality requirements of these engineering guidelines. Infiltration is infeasible when: • Where industrial facilities are not authorized to infiltrate industrial stormwater under and NPDES/SDS Industrial Stormwater Permit issued by the MPCA. • Where vehicle fueling and maintenance occur. • With less than three feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of the bedrock. • Where high levels of contaminant in soil or groundwater will be mobilized by the infiltrating stormwater. The use of infiltration techniques shall be restricted and subject to additional City review where the infiltration BMP will be constructed in any of the following areas: Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 18 • Soils are predominately Hydrologic Soil Group D (clay) soils. • Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features. • Drinking Water Supply Management Areas are present, as defined by Minn. R. 4720.51000, subp.13, unless precluded by a local unit of government with an MS4 permit. • Soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour. 8.3 Water Quality Control For new development, the water quality control standard shall be considered satisfied if the volume control standard has been satisfied. 8.3.1 For projects in the CMSCWD: 1. Flows to infiltration facilities must be pretreated for long-term removal of at least 50% of sediment loads. In the event an infiltration facility is constructed in the vicinity downstream of a potential Hot Spot, a skimmer shall be installed to facilitate clean-up. 8.3.2 For projects in the MSCWMO: 1. Surface flows to volume control facilities must be pretreated for long-term removal of at least 50% of sediment loads. In the event an infiltration facility is constructed in the vicinity downstream of a potential Hot Spot, a skimmer shall be installed to facilitate clean-up. 2. Direct discharge of stormwater to water bodies without water quality treatment is prohibited. If it is infeasible to meet the volume control standard due to contaminated soils, site constraints, etc., the proposed STP will need to maintain the TSS and TP loading and for redevelopment the goal is to reduce the TSS and TP loadings satisfy the water quality standards using the MIDS flexible treatment options as outlined below in addition to the MIDS Design Sequence Flowchart (Appendix C). MIDS Flexible Treatment Options Option 1: • Applicant attempts to comply with the following conditions: o Achieve at least an 0.55-inch volume reduction goal; and o Remove 75% of the annual total phosphorus load; and o Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. Option 2: • Applicant attempts to comply with the following conditions: o Achieve volume reduction to the maximum extent practicable (as determined by the Local Authority); and o Remove 60% of the annual total phosphorus load; and o Options considered and presented shall examine the merits of relocating project elements to address varying soil conditions and other constraints across the site. Option 3: Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 19 • Off-site mitigation (including banking or cash or treatment on another project, as determined by the local authority) equivalent to the volume reduction performance goal can be used in areas selected in the following order of preference: o Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. o Locations within the same Department of Natural Resources (DNR) catchment area as the original construction activity. o Locations in the next adjacent DNR catchment area up-stream. o Locations anywhere within the local authority's jurisdiction. 8.4 Rate Control 1. At a minimum, detention basins should maintain existing flow rates for the 2-, 10-, and 100-year 24-hour rainfalls in accordance to the Atlas14 data as shown in the table below: Event Rainfall/Snowmelt Depth (inches) 2-year, 24-hour 2.81 10-year, 24-hour 4.17 100-year, 24-hour 7.18 100-year, 10-day snowmelt 9.82 2. Detention basins shall be designed with capacity for the critical 100-year event, which is defined as either the 100-year, 24-hour rainfall event or the 10-day snowmelt runoff event, whichever produces the highest water level. 3. The maximum duration for rainfall critical event analysis shall be 24-hours except in cases where basins are landlocked, where back to back 24-hour events and the 10-day snowmelt runoff event shall also be used. In all cases a hydrograph method of analysis should be used. For the 24-hour rainfall events, or back to back 24-hour rainfall events, an MSE 3 distribution should be used. For shorter duration critical events other distributions may be used with the approval of the City Engineer. 4. All drainage system analyses and designs shall be based on proposed full development land use patterns. 5. Development adjacent to a landlocked basin and the basin is not provided an outlet, freeboard should be determined based on one of three methods (whichever provides for the highest freeboard elevation): a. Two feet above the HWL determined by modeling back to back 100-year, 24- hour events; or b. Three feet above the highest known water level; or c. Five feet above the HWL determined by modeling a single 100-year, 24-hour event. 6. When modeling landlocked basins, the starting water surface elevation should be the basins Ordinary High Water elevation, which can be determined through hydrologic modeling or, in the case of a DNR regulated basin, from a DNR survey. 7. Adjacent to channels, creeks, and ravines two feet of freeboard with respect to the 100- year critical event elevation will also be required. 8. An MSE 3 24-hour rainfall distribution with average antecedent moisture conditions should be utilized for runoff calculations. 9. The recommended minimum outlet diameter is six inches due to plugging susceptibility and may supersede the rate control requirement for the 2-year event. 10. The City requires skimmers or other devices in the construction of new pond outlets and the addition of skimmers to existing systems whenever feasible and practical. The designs shall provide for skimmers that extend a minimum of four inches below the water surface and minimize the velocities of water passing under the skimmer to less than 0.5 feet per second for rainfall events having a 99% frequency. 11. City standard detail plates should be utilized for pond outlet structures. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 20 12. Outlet structures should be designed in three phases with primary outlet structure and secondary overflow structure routed to the storm sewer and a defined emergency overflow as the tertiary outlet structure. 8.4.1 For projects in the BCWD 1. The applicant must demonstrate that the proposed land-altering activity will not increase peak stormwater flow from the site, as compared with the pre- settlement condition, for a 24-hour precipitation event with a return frequency of 2, 10, or 100-years for all points where discharges leave a site. 2. If the proposed activity will disturb more than 50% of existing impervious surface, the criteria of subsection 2.4 of the Stormwater Management Rule will apply to all impervious surface on the project site. Otherwise, the criteria will apply only to net additional impervious surface. Notwithstanding, for road and other linear projects, only net additional surface will be considered. 8.4.2 For projects in the CMSCWD The applicant must demonstrate that the proposed land-altering activity will not increase peak stormwater flow rate from the site, as compared with the peak stormwater flow rate calculated in accordance with sub-section 2.5.3 of the Stormwater Management Rule, for a 24-hour precipitation event with a return frequency of 2, 10, and 100 years for all points where discharges leave a site. 8.4.3 For projects in the MSCWMO 1. The peak rate of stormwater runoff from a newly developed or redeveloped shall not exceed the 2-, 10-, and 100-year 24-hour storms with respective 2.8, 4.2, and 7.3-inch rainfall depths with MSCWMO approved time distribution based on Atlas 14 for existing and proposed conditions. The runoff curve number for existing agriculture areas shall be less than or equal to the developed condition curve number. The newly developed or redeveloped peak rate shall not exceed the existing peak rate of runoff for all critical duration events, up to and including the 100-year return frequency storm event for all points where discharges leave a site during all phases of development. 2. In sub-areas of a landlocked watershed, development shall not increase the predevelopment volume or rate of discharge from the sub-area for the 10-year return period. 3. Applicants may be required to demonstrate that downgradient stormwater conveyance structures and features will be adequate to safely convey proposed increased peak flow or volume from the site. 8.5 Freeboard Elevation separations of buildings with respect to ponds, lakes, streams, and stormwater features shall be designed as follows: 1. The basement floor elevation of any new building shall be placed at least two feet above the elevation of any known historic high groundwater elevations for the area and at least two feet above the 100-year high surface water elevation in the area. 2. The low building opening elevation of any new building shall be at least three feet above the projected 100-year high water elevation for the area. If this standard is considered a hardship, the standard may be lowered to placing the low building opening elevation at least two feet above the projected 100-year high water elevation if the following can be demonstrated: Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 21 a. That within the two-foot freeboard area above the 100-year high water elevation, stormwater storage is at least 50% of the stormwater storage capacity below the 100- year high water elevation; and b. That a 25% obstruction of the basin outlet for a 100-year critical-duration rainfall event would not result in a high water elevation greater than one foot above the 100- year high water elevation; and c. An adequate overflow route from the basin will assure that water levels, even for extreme rainfall events, will be greater than one foot below the low building opening elevation. 3. An emergency spillway from ponding areas shall be installed a minimum of one foot below the lowest floor elevation and shall be designed to have a capacity to overflow water at an elevation below the lowest building opening at a rate not less than three times the 100-year peak discharge rate from the basin or the 100-year inflow rate to the basin, whichever is higher. 8.6 Floodplain Management The City prohibits filling activities within the 100-year floodplain the will cause an increase in the stage of the 100-year or regional flood or cause in increase in the flood damages in the reach affected unless compensatory storage is provided and/or channel improvement is provide that will not result in the flood stage. Filling within the floodway is prohibited unless the filling meets FEMA, DNR, and Watershed Commission and District requirements as well as City Zoning Code. Applications proposing to alter the floodplain shall submit the cut/fill diagrams along with calculations demonstrating that the filling or alteration of the floodplain is not resulting in a reduction in the flood stage/storage. For projects in the BCWD Floodplain filling must be accompanied by a replacement of flood volume between the ordinary water level and the 100-year flood elevation. The floodplain mitigation area must be calculated by a professional engineer registered in the State of Minnesota or by a qualified hydrologist. A Floodplain and Drainage Alteration permit application must be submitted to prove that the alteration will not have an unreasonable impact on an upstream or downstream landowner and will not adversely affect flood risk, basin, or channel stability, groundwater hydrology, stream base flow, water quality, or aquatic of riparian habitat. For projects in the CMSCWD Floodplain filling must be accompanied by a replacement of floodplain storage volume between the ordinary water level and the 100-year flood elevation except for bioengineering and riprap projects permitted under Rule 5.0. The floodplain mitigation area shall be calculated by a professional engineer registered in the State of Minnesota or by a qualified hydrologist. The District will issue a permit alter surface flows only on a finding that the alteration will not have an unreasonable impact on an upstream or downstream landowner and will not adversely affect flood risk, basin or channel stability, groundwater hydrology, stream baseflow, water quality, or aquatic or riparian habitat. For projects in the MSCWMO The MSCWMO has adopted the Washington County Floodplain Regulations. Upon receipt of an application for a permit or subdivision approval within the floodplain district, the Zoning Administrator shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist. These plans shall include: Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 22 1. The specifics on the nature of the development 2. Whether the proposed use in the floodway or outside the floodway 3. The Regulatory Flood Protection Elevation for the site. 8.7 Buffers Buffers are required adjacent to wetlands for projects requiring a stormwater management permit as defined in City Zoning Code (Chapter 31). The following standards shall guide the creation or restoration of buffers to achieve the goals and policies of the City of Stillwater, BCWD, CMSCWD, and MSCWMO. The Administrator may modify or waive standards depending on each project Site and goals for the wetland. The buffer zones are as follows: BCWD Management Class Buffer Width Stream\Tributaries: Streamside Zone 25 feet Stream\Tributaries: Middle Zone 50 feet from upland edge of streamside zone Stream: Outer zone Upland edge of middle zone to structure setback line under applicable shoreland ordinance Wetland: Preserve 100 feet Wetland: Manage 1 75 feet Wetland: Manage 2 50 feet Wetland: Manage 3 25 feet Lake 75 feet CMSCWD Management Class Buffer Width St. Croix River: Streamside Zone 25 feet from the Bluff Line or OHWL, whichever governs the Structure Setback set by the Lower Saint Croix National Scenic Riverway (LSCNSR) Management Rules St. Croix River: Middle Zone 50 feet from upland edge of streamside zone St. Croix River: Outer Zone Upland edge of middle zone to structure setback set by the LSCNSR Management Rules Stream, Creeks and Tributaries: Streamside Zone 25 feet Stream, Creeks and Tributaries: Middle Zone 50 feet from upland edge of streamside zone Stream, Creeks and Tributaries: Outer zone Upland edge of middle zone to structure setback line under applicable shoreland ordinance Wetland: Manage 1 100 feet Wetland: Manage 2 75 feet Wetland: Manage 3 50 feet Wetland: Manage 4 50 feet Lake: Natural Environment 75 feet Lake: Recreational Development 50 feet Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 23 MSCWMO A Preserve B Maintain C Manage ≥ 60 feet Require monument to mark edges. ≥ 30 feet No buffer. In addition, the City has established the following criteria for wetland buffers: 1. Wetland protective natural buffer zone means the area between a line delineating the wetland edge and a line parallel to and upland one-half the distance of the required setback (from Natural Environmental Lakes – 75 feet; Recreational – 37.5 feet; General Development Lakes, unclassified water bodies or wetlands – 25 feet). For Brown's Creek or tributaries of Brown's Creek, the buffer zone is 100 feet from the middle of the creek. If a wetland is associated with the tributary, the required buffer area is 100 feet from the centerline of the tributary or creek or 25 feet beyond the edge of the wetland, whichever is greater. 2. The buffer zone must be maintained in its existing condition, however invasive species as identified by the City must be removed under direction from the City. 3. Any buffer zone that is disturbed must be reestablished with natural planting approved by the City. 4. A silt fence must be installed and maintained protecting the buffer zone before construction begins and not removed until all land-disturbing activities are complete and disturbed areas reestablished. 5. All subdivision applications must have wetland delineated and buffer zones marked and required wetland building setbacks mapped. 6. All plats must show the wetland edge as approved by the City and the wetland protective natural buffer zone. 7. The owner or occupant of any property abutting any wetlands may not conduct or permit any of the following activities within the wetland buffer zone; a. Vegetation alteration, including moving or clear-cutting; b. Topographic alteration, including but not limited to grading, filing, excavation, and extractions; c. Construction, placement, or installation of any structure; d. Dumping or disposing of any material foreign to the natural state of the wetland. 8. Land-disturbing activity that is proposed outside of any established wetland buffer zone which may impact the buffer zone or wetland, requires approval by the City Engineer before the activity begins. 9. The buffer zone must be placed in a conservation or open space easement or dedicated for conservation purposes. 10. The wetland buffer zone must be identified by permanent markers, approved by the City; at each lot line, but in no case more than 300 feet apart. All markers must be correctly installed prior to final plat or subdivision approval. 8.8 Shoreland Management The City Code has established setbacks for placement of structures and impervious and requirements for shoreland alterations. The City also encourages the following for work occurring within the shoreland zone: 1. Use of natural vegetation or bioengineering techniques for the stabilization of shorelines. 2. Use materials such as granite or fieldstone for shoreline stabilization project where hard armoring is necessary. 3. Use of techniques that will minimize runoff and improve water quality associated with new development and redevelopment. When possible use existing natural drainage ways, wetlands, and vegetated soil surfaces to convey, store, filter, and retain stormwater runoff Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 24 before discharge to public waters. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage, vegetated filter strips, bioretention areas, rainwater gardens, enhanced swales, off-line retention areas, and natural depressions for infiltration rather than buried pipes and human-made materials and facilities (MnDNR Alternative Shoreland Standards, 2005). For projects in the BCWD: The Lake, Stream, and Wetland Buffer Rule requirements apply to, and not in place of the City’s local shoreland ordinance. For projects in the CMSCWD: The Lake, River, Stream, and Wetland Buffer Rule requirements apply to, and not in place of the City’s local shoreland ordinance. For projects in the MSCWMO: The MSCWMO defers to the Washington County regulations on shoreland management. 8.9 Long Term Inspection and Maintenance of Stormwater Facilities 1. No private stormwater facilities m ay be approved unless a maintenance plan is provided that defines how access will be provided, who will conduct the maintenance, the type of maintenance and the maintenance intervals. At a minimum, all private stormwater facilities shall be inspected annually and maintained in proper condition consistent with the performance goals for which they were originally designed and as executed in the stormwater facilities maintenance agreement (Appendix B). 2. Access to all stormwater facilities must be inspected annually and maintained as necessary. The applicant shall obtain all necessary easement or other property interests to allow access to the facilities for inspection or maintenance for both the responsible party and the City of Stillwater. 3. All settled materials including settled solids, shall be removed from ponds, sumps, grit chambers, and other devices and disposed of properly. 4. All BMPs must be maintained to the level required by the MPCA as noted in the Minnesota Stormwater Manual. 9 STORMWATER TREATMENT PRACTICE DESIGN STANDARDS 9.1 Storm Sewers 1. Manhole spacing shall not exceed 400 feet. 2. Where more than one pipe enters a structure, a catch basin/manhole shall be used. 3. Storm sewer pipe should match top of pipe on top of pipe unless grade constraints prevent this. In that case, hydraulic calculations will be necessary to verify that excessive surcharging will not occur. 4. Stormwater pipes shall be designed utilizing the Rational Method. Channel design shall be hydrograph method only. All methods are subject to the City Engineer’s approval. 5. Lateral systems shall be designed for the 10-year rainfall using the Rational Method. State Aid roadway storm sewer shall be designed per the State Aid requirements. 6. The minimum full flow velocity within the storm sewer should be 3 feet per second (fps). The maximum velocity shall be 10 fps, except when entering a pond, where the maximum velocity shall be limited to 6fps. 7. Trunk storm sewer should be designed at a minimum to carry 100-year pond discharge in addition to the 10-year design flow for directly tributary areas. The following table shall be used for the calculation of peak rates using the Rational Method: Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 25 Cover Type 10-Year Runoff Coefficient Single-family Residential 0.4 Multi-family Residential 0.5 Commercial 0.7 Industrial 0.7 Parks, Open Space 0.2 Ponds, Wetlands 1.0 8. For storms greater than the 10-year event, and in the case of plugged inlets, transient street ponding will occur. For safety reasons, the maximum depth in streets should not exceed 1.5 feet at the deepest point. 9. To promote efficient hydraulics within manholes, manhole benching shall be provided to half the diameter of the largest pipe entering or leaving the manhole. 10. Vaned grate (3067V or 3067L) catch basin castings shall be used on all streets. 11. The maximum design flow at a catch basin for the 10-year storm event shall be 3 cubic feet per second (cfs), unless high capacity grates are provided. Catch basins at low points will be evaluated for higher flow with the approval of the City Engineer. 12. All structures located in the street are to be a minimum of three feet deep (rim to invert). Two-by-three catch basins are the minimum-sized catch basin required and they must be four feet deep. 13. Two-foot sump catch basins or manholes are required for all new or rehabilitated storm sewer just prior to discharge to a pond, wetland, lake, or stream. 9.2 Outlet and Inlet Pipes 1. Inlet pipes of stormwater ponds shall be extended to the pond normal water level whenever possible. 2. Outfalls with velocities greater than 4 fps into channels, where the angle of the outfall to the channel flow direction is greater than 30 degrees, requires energy dissipation or stilling basins. 3. Outfalls with velocities of less than 4 fps, that project flows downstream into a channel in direction 30 degrees or less from the channel flow direction, generally do not require energy dissipaters or stilling basins, but will require riprap protection. 4. In the case of discharge to channels, riprap shall be provided on all outlets to an adequate depth below the channel grade and to a height above the outfall or channel bottom. Riprap shall be placed over a suitably graded filter material and filter fabric to ensure that soil particles do not migrate though the riprap and reduce its stability. Riprap shall be placed to a thickness at least 2.5 times the mean rock diameter to ensure that it will not be undermined or rendered ineffective by displacement. If riprap is used as protection for overland drainage routes, grouting may be recommended. 5. Discharge velocity into a pond at the outlet elevation shall be 6 fps or less. Riprap protection is required at all inlet pipes into ponds from the normal water level to the pond bottom. 6. Where outlet velocities to ponds exceed 6 fps, the design should be based on the unique site conditions present. Submergence of the outlet or installation of a stilling basin approved by the City is required when excessive outlet velocities are experienced. 7. Submerged outlet pipes from ponds are not allowed. 9.3 Channels and Overland Drainage 1. Overland drainage routes where velocities exceed 4 fps should be reviewed by the City Engineer and approved only when suitable stabilization measures are proposed. 2. Open channels and swales are recommended where flows and small grade differences prohibit the economical construction of an underground conduit. Open channels and swales can provide infiltration and filtration benefits not provided by pipe. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 26 3. The minimum grade in all unpaved areas shall be 2%. 4. Maximum length for drainage swales shall be 400 feet. 5. Channel side slopes should be a maximum of 4:1 (horizontal to vertical) with gentler slopes being desirable. 6. Riprap shall be provided at all points of juncture, particularly between two open channels and where storm sewer pipes discharge into a channel. 7. Open channels should be designed to handle the expected velocity from a 10-year design storm without erosion. Riprap may need to be provided. 8. Periodic cleaning of an open channel is required to ensure that the design capacity is maintained. Therefore, all channels shall be designed to allow easy access for equipment. 9.4 Ponds 1. Where on site water quality detention basins are required, copies of the calculations determining the design of the basins shall be required. The size and design considerations will be dependent on the receiving water body's water quality category, the imperviousness of the development and the degree to which on site infiltration of runoff is encouraged. Design of on-site detention basins, as described in the site's runoff water management plan, shall incorporate recommendations from the nationwide urban runoff program (NURP) and "Protecting Water Quality in Urban Areas", published by the MPCA, as adopted by the City, or the applicable publications, as adopted by the City. The following design considerations are required for on-site water quality detention basins based on the receiving water's water quality category. These designs include permanent detention for water quality treatment; extended detention designs may be substituted if they provide treatment equivalent to the requirements below: 1) A permanent pool (dead storage) volume below the normal outlet shall be greater than or equal to the runoff from a 2.5-inch 24-hour storm over the entire contributing drainage area assuming full development. 2) Maximum allowable pond slopes above the outlet elevation are 4:1. 3) All constructed ponds and wetland mitigation areas shall have an aquatic or safety bench around their entire perimeter. The aquatic bench is defined as follows: a. Cross-slope no steeper than 10:1. b. Minimum width 10 feet. c. Located from pond outlet elevation to one-foot below pond outlet elevation. 4) All constructed ponds shall be provided a maintenance access from an adjacent roadway. The maintenance access shall be provided in the form of an easement no narrower than 20 feet. The maintenance access shall have a longitudinal slope no steeper than 6:1 and minimal cross slope. Maintenance access routes, due to their extra width, also serve well as emergency overflow (EOF) routes. 5) All constructed ponds and wetland mitigation areas shall have a maintenance access bench around sufficient perimeter to provide access to all inlets and outlets. The maintenance bench shall be located within a designated outlot or within a permanent easement. The maintenance bench shall extend from the outlet elevation to one foot above the outlet elevation and its cross slope shall be no steeper than 10:1. The maintenance bench shall connect to the maintenance access. 6) Maximum pond wet volume depth is eight feet. 7) Mean depth for wet ponds shall be a minimum of four feet. If the pond is smaller than three acre-feet in volume, mean depths of three to four feet may be used. Mean depth is defined as the area at outlet elevation divided by the wet volume. 8) All ponds shall be graded to one foot below design bottom elevation. This “hold down” allows sediment storage until site restoration is complete. 9) The top berm elevation of ponds shall be a minimum of one foot above the 100-year pond HWL. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 27 10) Grading shall not block or raise emergency overflows from adjoining properties unless some provision has been made for the runoff that may be blocked behind such an embankment. 11) All ponds shall have a protected EOF that is a minimum of one foot below the lowest floor elevation. 12) The City requires skimmers or other devices in the construction of new pond outlets and the addition of skimmers to existing systems whenever feasible and practical. The designs shall provide for skimmers that extend a minimum of four inches below the water surface and minimize the velocities of water passing under the skimmer to less than 0.5 feet per second for rainfall events having a 99% frequency. 9.5 Infiltration/Filtration Practices 1. Sizing of filtration/infiltration practices, or STPs, shall be in conformance with the volume control requirements of this manual and the Minnesota Stormwater Manual. 2. When designing an infiltration practice for volume control and water quality management, on-site testing and detailed analysis are strongly encouraged to determine the infiltration rates of the proposed infiltration facility. Documented site-specific infiltration or hydraulic conductivity measurements (double-ring infiltrometer) completed by a licensed soil scientist or engineer is required. In the absence of a detailed analysis, the saturated infiltration rates listed in the Infiltration Rates for Infiltration STPs table found on the Minnesota Stormwater Manual shall be used. A piezometer shall be installed in order to ascertain the level of the local groundwater table and demonstrate at least three feet of separation between the bottom of the proposed facility and the groundwater. The soil boring is required to go to a depth of at least five feet below the proposed bottom of the STP. The soils shall be classified using the Unified Soil Classification system. The least permeable soil horizon will dictate the infiltration rate. Infiltration practices shall be designed to infiltrate the required runoff volume within 48 hours. 3. Pretreatment in the form of ponds, forebays, filter strips, or other approved methods shall be provided for all infiltration areas. Pretreatment upstream of volume management practices is a key element in the long-term viability of infiltration areas. The level of pretreatment varies largely depending on the STP and drainage area of the watershed, City staff, and Minnesota Stormwater Manual recommendations shall be utilized for determining the appropriate level of pretreatment on a case-by-case basis. 4. The infiltration practice shall not be used within fifty feet of a municipal, community or private well, unless specifically allowed by an approved wellhead protection plan. 5. The infiltration practice shall not be used for runoff from fueling and vehicle maintenance areas and industrial areas with exposed materials prosing contamination risk, unless the infiltration practice is designed to allow for spill containment. 6. The infiltration practice shall not be used in Hydrologic Soil Group (HSG) D soils without soil corrections. 7. Vegetation of infiltration/filtration practices shall be as shown in the City of Stillwater Standard Details. A plan for management for vegetation shall be included in the SWPPP. 8. If soils are unsuitable for infiltration, then filtration may be used with drain tile, provided in accordance with the City of Stillwater’s Standard Details. However, filtration basins do not meet volume control requires and MIDS water quality requirements must be used. 9. Subgrade soils for infiltration/filtration practices shall be as presented in the City of Stillwater’s Standard Details. Assume a 40% void ratio for clean washed rock and 20% for construction sand for the purposes of volume calculations. 10. Rock storage beds shall be constructed using crushed angular granite that has been thoroughly washed to remove all fine particles that could result in clogging of the system. 11. For infiltration benches adjacent to ponds, benches shall have slopes no steeper than 5:1 over the proposed infiltration zone. A slope of 10:1 is preferred. The Minnesota Stormwater Manual cites concerns with locating infiltration features immediately adjacent Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 Page 28 to ponds. To address this, benches shall be located to maintain hydraulic separation from the saturated zone of the pond to minimize the loss of infiltration potential over time. 9.6 Emergency Overflow Paths 1. Emergency Overflows (EOFs) shall be sized with a minimum bottom width of five feet and 4:1 side slopes. 2. The maximum flow depth in EOFs shall be less than equal to one foot as calculated for a 100-year back-to-back storm event. 10 DESIGN EXAMPLES The design process for each of the acceptable Stormwater Treatment Practices is detailed in the Minnesota Stormwater Manual. 11 STORMWATER TREATMENT PRACTICE DETAIL DRAWINGS Please refer to the City of Stillwater’s Engineering Details (Appendix D) for the following: • Bioretention • Media Filter System • Vegetative Filter System • Infiltration Trench • Infiltration Basin • Stormwater Pond/Wetland 12 CONSTRUCTION SPECIFICATIONS Construction specifications and details are found in the Minnesota Stormwater Manual for each of the acceptable STPs, unless otherwise restricted by this manual. 13 CHECKLISTS Refer to Appendix A. Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 APPENDIX APPENDIX A Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 APPENDIX APPENDIX B Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 APPENDIX APPENDIX C Engineering Design Guidelines City of Stillwater, MN WSB Project No. 2092-560 APPENDIX APPENDIX D TO: Mayor & City Council FROM: Tom McCarty, City Administrator REVIEWERS: Korine Land, City Attorney; John Gannaway, Police Chief; Stu Glaser, Fire Chief; Shawn Sanders, Public Works Director; Bill Turnblad, Community Development Director; Beth Wolf, City Clerk; Sharon Provos, Finance Director DATE: May 30, 2019 RE: 2019 LUMBERJACK DAYS AGREEMENT BACKGROUND The Locals and City staff have come to agreement on a proposed agreement for the 2019 Lumberjack Days event, which is scheduled for July 19-21, 2019 in Lowell Park. The proposed agreement updates the 2018 Agreement and includes provisions related to the revised City Events Policy approved by the City Council in March 2018. COMMENTS The primary contract provisions are: 1. Financial Assurances - Payment of City Costs - Consistent with language changes agreed to in 2016, the financial assurance requires a deposit equal to the previous year’s actual public safety cost plus 10% (for 2019 a total of $18,155) to be reconciled following the event closeout and requires the deposit amount to be received three weeks prior to the event (consistent with the revised Events Policy). 2. Helicopter Ride Event – Language in the agreement addresses management of Helicopter Rides in Bridgeview Park by The Locals on Friday, Saturday and Sunday during Lumberjack Days. Language provisions address safety & security items, including: shut down of the upper and lower Loop Trail during take-off and landing intervals, establishing hours of operation, flight paths, and helicopter insurance requirements. May 31, 2018 Page 2 3. Handicap Parking – The City will designate and sign additional handicap parking spaces to replace those handicap parking spaces within city parking lots used for the event venue. City staff will work with the Locals to designate appropriate locations and dimensions for the replacement handicap parking spaces. 4. Alcohol Sales & Consumption – Similar to previous years, the Locals propose to contain all alcohol sales and consumption within a defined beer garden, with appropriate fencing, and entry/exit points controlled by security personnel. The Locals are not extending alcohol consumption venue wide. 5. Use of City Parking Lot #4 (East of Water Street Inn) – The City has authorized MnDOT, its contractor and the lift bridge tenders to use Parking Lot #4 during the lift bridge rehabilitation project, which now has extended until late in 2019. City staff will work with the Locals to develop alternatives for Water Street Inn guests and event operations parking for 2019. 6. High Water Provision – The agreement contains a provision for use of City public parking lots in the event of St. Croix River flooding impacting the use of Lowell Park. 7. Term of Agreement - The term of the agreement is for one year – 2019. REQUEST Staff requests the Council to consider approving the contract. If the Council finds the contract satisfactory, approval would be granted by adopting the attached Resolution. tm Attachments: 2019 Lumberjack Days Event Application Packet 2019 Lumberjack Days Agreement 2019 Lumberjack Days Temporary Liquor License Application Resolution of Approval RECEIVED · (water EVENTS PERMIT APPLICATION APR -7 1019 City of S!iu\twater A<dlmmimiisl!ll:ai'litoin ---==-> ' 216 North 4th Street, Stillwater, MN 55082 Telephone: 651-430-8837 Fax: 651-430-8810 Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application : 4_1_7_12_0_1_9 _________ _ Event Information -- Title/Name of Event Lumberjack Days Event Date/Time : Set up: Date 7/18/2019 Actual Event: Date 7/19-21/2019 Clean up : Date 7/22/2019 Location (Address) of Event: North Lowel Park (If in Lowell Park please spec ify north or south Lowell park) Office Use Onlv Date Application Received ------ Type: Event Special Event Event w/ Contract Time 9:00AM to 11 :OOPM Time 7:00AM to 11 :30PM Time 9 :00AM to 12:00PM (Events after 10:00 p .m . require a vari ance from City Counc il Description of Event (ple ase be specific -this information will be used to promote th e event on the City of Stillwater website) City of Stillwater's Histroic Lumberjack Days Estimated Attendance (part icip ants and spe ctators): 20,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: The Locals Mailing Address : PO Box 403 City, State, Zip Code : Stillwater, MN 55082 Primary Contact/Applicant Name: Michael Sobieski Phone Number: 651-335-7449 Fax: Cell Phone: Email Address: michael.thelocals@gmail.com Website Address: lumberjackdays.com Name of contact person during event : Michael Sobieski Cell Phone: 651-335-7449 Alternate contact during event: Brad Glynn Cell Phone: 651-303-1757 Refer media or citizens inquires to: Brad Glynn Phone: 651-303-1657 Site Plan: A site plan is mandatory for all events. Please provide a map ofthe site layout. Include any tables, stages , tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows . Event Features Will any signs/banners be put up No D Yes ® Number and size: Will there be any inflatables? No D Yes C8l Insurance certificate from rental vendor is required Will there be entertainment? No D Yes ~ What type: Bands Fees for electricity may apply see Instructions Will sound amplification be used? No D Yes ~ Hours and Type: 12 :00PM-11 :30PM Will a stage or tent(s) be set up? No D Yes ~ Dimensions: Will there be temporary fencing? No D Yes I&] Will merchandise/food items be sold? No D Yes C8l How many 30 Fees for electr icity may vendors expected: apply see Instructions Will food be prepared on sit.e? No D Yes ~ Contact Washington Co unty Health Depar tment, 651-430-6655 Will cooking operations be conducted? No D Yes C8l Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No IZl Yes D See Alco ho l Regulations in the Instructions Will alcohol be sold? No D Yes ~ See Alcohol Regulations in the Instructions Will there be a fireworks display? No rgJ Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source. Need same electrical boxes opened as in past years. Describe level of advertisement (ie, rad io , flyers, ads , tv, press re lease). Attach sample if available Web site , radio , social media City Services (After reviewing the event application, City services may be requrled for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No D Yes C8l Start/End Time : 24 hours Date:July 18-22 City Sidewalks or Trails No D Yes ® Start/End Time: 24 hours Date :July 18-22 Public Parking Lots or Spaces No D Yes ~ Start/End Time: 24 hours Date :July 18-22 Will event need barricade(s)? No D Yes ~ Number needed: Fees may apply see Instructions Will extra picnic tables be needed? No D Yes ~ Number needed : Fees may apply see Instructions Will portable restrooms be needed? No I&] Yes D Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No ~ Yes D Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: Using City of Stillwater dumpsters. On-site trash pick-up will be contraced out. Will event need traffic control? No ~ Yes D Contact Stillwater Pa/ice Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators : Approved safety plan approved by Chief of Police Will "No Parking Signs" be needed? No D Yes I&] Number needed: Police Fees may apply see Instructions Show location(s) on site map Will event need security? No ~ Yes D If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: SSI, Sam Ehlenz, 651-248-4013 (same firm as in past years) Will event need EMS services? No ~ Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: Will have Lakeview doctor on site. Describe the emergency action plan if severe weather should arise : Approved by Police Chief. Same as in past years. List any other pertinent information : The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity . Depending on the size of and scope of the event a "Certificate of Insurance" may b.e required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release of Liability. Michael Sobieski 4/7/2019 Signature of Applicant or Authorized Agent Date 2019 Stillwater Lumberjack Days July 19-20-21 Down Hill Derby Route (Friday Only) Stage (20x30), side musician / produc- Legend Gate in / out, staffed Information Booth Single Bicycle fencing Power ATM Fire hydrant Light Tower All Ages Activity; typically daytime. Medical Tent (minor medical) Road Closure (Class III) Road Barricade (vehicles) Jerry’s Lemonade Lift Bridge Root Beer Arch i Command Center, Volunteer Check-In, (2) reg portajons, (1) ADA, (1) changing station, and (1) handwash i Kids games Lumberjack Show Beer Garden Area: 200x120 area with 80x40 tent & outdoor seating area. Beer Trailer in back, 10 reg portajohns, 1 ADA, 1 Hand- wash. single ped. Fence around entire pe- rimeter. 21+only after 7pm. K of C Bingo in tent during day Fri, Sat, Sun. Jaycees pan- cake breakfast with beer 8am-11am Satur- day and Sunday. All alcohol sales end 11pm Fri—Sat, and Sunday at 6pm Yoga Public pay parking Water Pump location for Lum- berjack Enterprises Pontoon and Gondola rides (ran by Gondola Romantica and Stillwater Food & Refreshments Food Helicopter rides at Bridgeview park, .33 miles south along the F F: 110 gal Fuel Tank P P: Portajohn Landing area barricaded with snow fence area 65x200, shut down path at landing / takeoff in- tervals at barricades. 4 (5) reg. Portajohns & Handwash River Market Parking Reefer Non-Food Vendors Dumpster / Tickets for helicop- *Public Safety to plan exact street closure, Water Street Inn Petting Zoo Mini Golf (2) reg portajons, (1) ADA, and (1) handwash Shade Tent 20x20 �-��Lake 64 L La .. ., Start - t V') RCH ILL t V') ST. J;. • +-tr-V') II� •Parade Route •Assembly Area -Parade Begins at 1 pm -Distance is 1.5 miles Sunday, July 21, 2019 \ i ;, ---~ . (/) ST. -%.#+) - '' ,. % &. (.*..$ (*".(. . ( +!,.+ ,... 2019 Stillwater LJDs Parade Map Key 1.Water, Porta Potties & Xtra Parking (SJHS Parking Lot) 2.Parade HQ & Start of Assembly Area (Corner of Churchill & Greeley at Washington Sq. Park) 3.Stillwater Towing Staging Area (Greeley St) 4.Valley Access Filming Location (near Lake St) 5.MC, Live Band, Vendors, Magician, Clown & Stilt Walkers, Porta Potties (Washington Square Park) 6.Possible Vendor 7.Porta Potty & Water; Harbor Bar Food Service 8.Dispersal Area, Water, Restrooms & Shuttle Bus Pickup Point (Pioneer Park) 1 2 3 4 8 5 6 7 STILLWATER LUMBERJACK DAYS AGREEMENT This Agreement between the City of Stillwater, Washington County, Minnesota (“City”), and the Stillwater Lumberjack Days Celebration of 2019, part of a community wide celebration (the “Celebration”); (LOCALS,) a Minnesota non–profit and federally certified 501C3 organization (“Association”). Whereby the Association has appointed an Independent Contractor to Manage and Stage the Celebration according to the terms of this Agreement. 1. Celebrations. The City has encouraged community wide celebrations in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City. The Stillwater Lumberjack Days Celebration will be held during the last half of July of each year as determined by agreement between the Association and the City. The Stillwater Lumberjack Days of 2019 will be conducted on the following dates: Setup: Thursday, July 18, 2019 – 9 a.m. to 11 p.m. Event: Friday, July 19, 2019; Saturday, July 20, 2019; Sunday, July 21, 2019 10 a.m. to 11 p.m. Cleanup: Monday, July 22, 2018 – 9 a.m. to 12 p.m. 2. Management. The LOCALS must appoint an individual to represent their entity in dealings with the City regarding the Celebration. This individual must be given authority to bind the organization to agreements made with the City, to receive notice of any kind including routine or emergency notices that when received by the individual will be considered given to the Association. The notice may be given by email, in person, by telephone or by U.S. Mail. The email address, cell phone number and mailing address of this representative must be given to the City within 30 days of the execution of this Agreement and kept continuously current from January 1st of each calendar year until August 1st. Failure to provide this representative or to keep the representative’s contact information current are grounds for cancelation of this Agreement and all rights to conduct the Celebration. (a) Site Plan. The Association must prepare an overall site plan for the Celebration that depicts the location of fencing, vendors, exits and any areas with the City, such as parks or parking lots that are proposed for use by the Association for the Celebration and related use. Further the Association must also submit a City Event Permit with application fee and an overall Celebration Concept Plan that describes each element of the Celebration, including water races, parades, fireworks that are planned. The Concept Plan and Event Permit application must be submitted by April 1st of each year. (b) Event Coordinator. Further, the primary City contact will be the City Administrator or the person designated as Event Coordinator (Event Coordinator). The Association pledges to work with this person regarding Event Planning and the fulfillment of the conditions contained in this Agreement. 2 (c) Status Report. Beginning 30 days after the execution of the Agreement, and each 30 days thereafter, the Association must provide to the Event Coordinator a status report, that must include the sources (should the source elect to be identified) and amount of paid sponsorships, the nature and extent of any contractual agreements made with third parties, nature and extent of any credit extended by third parties to the association or to others for the benefit of the Association, and any other status information reasonably required by the Event Coordinator. (d) Background Investigations. The Board of Directors of the Association or any Managers hired by the Association for purposes of planning or conducting the Celebration must consent to and allow the City to conduct basic criminal background investigations. (e) Primary Contact. A current phone number for the Primary Contact must be provided to the City and also placed on the main page of the Event’s Website and public inquires invited. 3. Stillwater Lumberjack Days Crowd Management. (a) Police and Firefighters. The Association will contribute to the cost of providing uniformed, licensed peace officers and fire firefighters that are specifically scheduled for the events associated with the Celebration. The contribution level for Police and Fire Fighters is established by the City Administrator. The amount must be paid on or before June 1st of each year. (b) Security Officers. The Association will provide, at no cost to the City, privately paid professional uniformed security officers equipped with radios. All security officers will be suitably identifiable. The number and deployment of the Security force must be approved in writing by the Stillwater Police Chief. (c) Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Event unless approved by City Staff. (d) Repairs. The Association must restore and repair any areas of a Park or Parking Lot that are damaged by vehicles or people associated with the Celebration. City Staff will do a walk-through of venue with The Locals and identify and document any damage before event. Both parties will sign off and reevaluate after the event. (e) Remote Parking. The Association will work with City Staff to explore the feasibility of a remote parking and shuttle plan for the Celebration. (f) Handicap Parking. The Association will create and sign handicap parking spaces in locations and dimensions as designated by City Staff to replace those handicap parking spaces within the city parking lots being utilized for the event. (g) Ticket Sales. In order to defray costs associated with the Celebration, the Association is authorized to establish and implement a park access fee or access 3 ticket charge for Friday and Saturday evenings of the events. Further, no charge will be made or ticket required for access to the area south of the Bridge, to members of the Association work force, public safety personnel, or to other persons not considered members of the general public, nor will any charge be made for the daytime shows or events. 4. Race and Parade Management. Prior to June 1st, the organizers must submit and have approved a Management Plan for any races or parades proposed to be held during the Celebration. The Plan must describe the start and finish lines and the proposed route. A plan for parking control, a plan for traffic control, barricade placement and street closure, a plan for water stop and first aid stations, an emergency plan, a plan for the provision of portable toilets, barricade placement, trash collection, and pickup, a schedule for any required provision of City services including Police, Fire, Public Works and electricity and water/services. 5. Stillwater Lumberjack Days Liquor Control. (a) The Association. (LOCALS) has been granted conceptual authority to dispense intoxicating Liquor at the Stillwater Lumberjack Days Celebration. This approval is subject to the Association applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by June 1st. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Celebration. (b) The Area. The area where dispensing will be permitted is the area by the Association described on the overall site map as submitted and approved by the City (the Area). (c) Fencing. The Area must be securely fenced. The fencing must be adequate to insure that alcohol sales and consumption remain inside the fence. For the purposes of a Beer Garden, single bicycle fencing is approved. A breach of the fence is grounds for the Police Chief to terminate all alcohol sales in the area. The adequacy of exiting in the fence must comply with the Minnesota Fire Code as administered by the City Fire Chief. (d) Exits. For the purpose of this plan, all Entry/Exit gates to the park must be controlled by security personnel while alcohol is being served. At each of these entry/exit points, a paid professional security guard must be in place to insure that no beer or Liquor enter or leave the park area. (e) Signage. Signage will be prominently displayed at each entry/exit point to notify guests that no Liquor/beer will be allowed in or out of the area. (f) Bracelets. Private paid security officers will roam the Area checking to ensure that each beer drinker is wearing a Stillwater Lumberjack Days 2019 beer drinking bracelet. Signs will be displayed throughout the area notifying guests that they must be wearing a beer drinking bracelet to be drinking a beer. 4 (g) Identification Bracelets. The Association will provide at no charge liquor identification bracelets at location(s) as required by Public Safety Staff. The Association will permit no one to consume Liquor unless they are wearing an identification bracelet. The Association will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. The Association will direct its private security forces to give extra attention to enforcing the bracelet requirements and to crack down on abuses. (h) No Other Alcohol or Coolers. No Liquor is allowed in the Area except that Liquor which is sold by the Association. The Association is responsible to see that no other Liquor is brought into the Area. Bottles, containers or coolers brought into the Area, are subject to search. (i) Compliance Program. Prior to June 1st the Association must develop a complete management policy or program regarding all aspects of alcohol compliance, including the problem of the under–aged consumer, sales after hours, sales off the premises in open containers, over–serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Association must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Celebration. (j) Compliance Inspection. The Association acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43–8, which authorizes that all premises from which intoxicating Liquor is offered at on–sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 6. Lumberjack Days Helicopter Ride Event. The Association will manage Helicopter Rides in Bridgeview Park within the following provisions: (a) A site plan shall be submitted indicated all operational areas, location of barricades, fencing, facilities, etc. (b) The Landing Area will be located south of the Bergstein Historic Buildings adjacent to the lower Loop Trail in the cleared field area of the Park. (c) The Landing area shall be 65’x 200’ in size and secured. (d) The upper and lower Loop Trail shall be shut down with barricades during take-off and landing intervals. (e) There shall be an adequate number of trained ground crew on site to secure the area. (f) Hours of operation shall be Friday, July 19, 2019, Saturday, July 20, 2019 & Sunday, July 21, 2019 from 11:00 a.m. to 6:30 p.m. 5 (g) The helicopter flight path shall not hover at the bluff line of the St. Croix River in order to minimize noise in those residential neighborhoods. The Helicopter Company shall provide their flight plan to the City of Stillwater. (h) Size of the helicopter shall be no larger than a Robinson R44 four-seat light utility helicopter. (i) Helicopter Insurance. The Helicopter Company must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of helicopter operations, evidenced at a minimum, the coverage described with regard to Stillwater Lumberjack Days. 7. Insurance. The Association must provide to the City satisfactory proof that it has obtained liability insurance that names the Association and the City as an additional insured, as loss payees, in an amount of at least $1,500,000 combined single limit, for loss sustained by either acts or occurrences that arise from or grow out of both Celebrations, and Liquor Liability coverage as described in Minn. Stat. §340A.409, evidenced at a minimum, the coverage described in Minn. Stat. §340A.409, subd. 1 with regard to Stillwater Lumberjack Days. 8. Assurances. Three weeks prior to the event the Association must provide assurances to the City: (1) that the Association will complete the contract according to its terms, and pay to the City all costs and charges that may accrue on account of completing the Celebration, and provide a deposit in the amount $16,505.00 (2018 actual Public Safety costs), plus 10% for a total of $18,155.00 and (2) if The Locals do not meet their contractual and other obligations to private parties and public agencies, the City will consider that grounds for cancellation of this Agreement for 2019. The City shall compile final costs and charges for 2019 Lumberjack Days event by August 15, 2019 and reconcile all costs relative to the Association deposit. Based on the final reconciliation, the City of Stillwater or the Association will promptly issue a final payment as necessary. 9. Sales Tax. The Association must obtain a State Tax Payer Identification Number and collect any sales or use taxes that are due according to law. 10. Noise Control. The Association is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 11. Hours of Operation. Liquor sales will cease 15 minutes before the last band finishes playing, but in no event after the times set forth as follows: Friday, 11:00 p.m.; Saturday, 11:00 p.m.; and Sunday, 9:45 p.m. 12. Public Information. As soon as practicable after furnishing the main schedule, the Association will publish and widely distribute a schedule of events. After the Celebration closes, 6 the Association will prepare a press release describing the charities that benefit from the Celebration. 13. Police Power. With regard to Celebration the City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Association will cease dispensing Liquor and must assist the police in the clearing of the Area. The park will be closed at midnight. 14. Exclusive Use of Parks. In return for the exclusive use of the City Parks as identified on the approved overall site plan and/or Event Maps, the Association hereby agrees to the following: (a) Damage Deposit. The Association will pay a security deposit of $1000 and a user’s fee of $500 to be paid at the signing of this Agreement for each of the Parks. The damage deposit of $1000 will be refunded no later than 30 days after event, in whole or in part, if not needed to repair damage, as determined by the City of Stillwater Public Works Director. (b) Dumpsters. The Association must furnish dumpsters or roll–off boxes according to a plan approved by Public Works Staff in sufficient quantity to contain the accumulation of trash generated by the Celebration and must ensure that all trash or garbage is collected and hauled away daily in the Event areas. Dumpsters and trash receptacles in the Event Areas must be picked up and empty each day during the Celebration. The Event Coordinator may amend the plan and require additional dumpsters or trash receptacles if the need arises. (c) Traffic Control. To ensure traffic and pedestrian control the Association must place standard reflective barriers according to a plan approved by the Public Works Director, Police Chief or their designees. Barriers may be supplied by the Association, or by the City. Charges for the City supply of barriers are set forth in the current City Fee Schedule. The City may place additional traffic control barriers to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barriers shall be shared with the Association by July 1, 2019. (d) Electricity and City Water. Existing electrical boxes will be opened by the City and access allowed according to the current City Fee Schedule. If access to water main or hydrants is required, the Association must make arrangements with the City Water Department and must pay related Water Department fees. (e) Restrooms. The Association must furnish portable restrooms to facilitate expected crowds in a number approved by Public Works. Additional portable restrooms must be provided by the Association if deemed necessary to protect public health as determined by the Event Coordinator. City Public Restrooms on the Pedestrian Walkway and the South end of Lowell Park will remain open during the Celebration 7 and the City will supply and equip both restrooms, however, the Association will be responsible for maintaining, cleaning, staffing and security and supervision for both restrooms. If the Association elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Association will bear the City costs associated with this work. (f) Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system is easily damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the Park. (g) Grey Water. The Association agrees to ensure that all vendors’ waste water be discharged into a holding tank approved by Washington County Public Health and Environment Department. Vendors without an approved holding tank must discharge into grey water barrels provided by the Association. Disposal costs are the responsibility of the Association. Grey water barrels or holding tanks shall not be disposed into the City’s sanitary or storm sewers, for any reason. (h) Use of City Parking Lots. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 4, 5, 9, 10 and 11. In this event, the City approves, at no cost to the Association, Lots 4, 5, 9, 10, and 11. These lots will be available to the Association exclusively from Thursday AM until Monday AM of the Event weekend. Lot 11 will be shared with Public Safety as a staging area. (i) Umbrella Events. By June 1st the Association must submit to the City a complete list of all “umbrella events.” “Umbrella events” are events taking place during the time frame of the Lumberjack Days Festival, and are included in Lumberjack Days Festival promotional materials, but are not directly produced by the Association. 15. Rules for Vendors. (a) Food Vendors. All food vendors must be inspected and approved by Washington County Public Health and Environment Department and the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. The Association must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. (b) No Camping. No camping in tents, trailers or campers is allowed in the Downtown during the events. 16. Damage to Parks, Paved Trails and Parking Lots. All damage to parks, paved trails, or parking lots must be repaired at the expense of the Association whether caused by the 8 Association or its vendors. The City will deduct the cost of repair from Association Deposit, however, the Association will remain responsible for costs and repairs that exceed the Deposit. 17. Music. Musical entertainment must be selected with the approval of Public Safety. Public Safety must also review and approve the Media Advertising Campaign before the campaign is implemented. By May 2019 the Association must provide to the City a complete list of all musical acts along with an estimate crowd size for each. Live musical entertainment must cease no later on each day than set forth as follows: Friday, 11:15 p.m.; Saturday 11:15 p.m.; and Sunday, 10:00 p.m. 18. Downtown Clean-Up. On the day following the close of the Celebration, weather permitting, the Association will clean Lowell Park and other areas that have been impacted by the Celebration. The Association is responsible for all costs, incurred for the clean-up of areas neglected by the Association. The city will run Street Sweepers after the event at no cost to the Association. 19. Hold Harmless and Indemnify. The Association agrees to hold the City harmless and to indemnify and defend the City with regard to any claims causes of action or demands that might be brought against the City arising out of the activities in the Area including the dispensing of Liquor pursuant to this Agreement. 20. Term of Agreement. This Agreement will remain in effect for a period of one (1) year from the date of its execution. Further, in the event that a determination is made by the City Council, based upon the advice of the Police Chief that the Celebration is a threat to the health, safety or welfare of the community, the City Council reserves the right to cancel any remaining term and terminate this Agreement. 21. All addendums to previous agreements are hereby incorporated this agreement. IN WITNESS WHEREOF, the parties have set their hands this _____ day of _____________, 2019 LOCALS By Its 9 STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2019, by ___________________________, the _______________________, the duly authorized agent for Locals, a Minnesota non–profit corporation. Notary Public CITY OF STILLWATER Micheal Polehna, Its Vice Mayor ATTEST: Beth Wolf , Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2019 by Michael Polehna, Vice Mayor and Beth Wolf, Clerk, for the City of Stillwater. Notary Public Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Su ite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TIY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organ ization Date organ ize d Ta x exem pt n u mber .--ITh_e_L_o_ca~ls_5_0-1C_3 ____________ __,I L-15/_15_/2_0_14 __ __.l ...._§6_-3_2_47_2_64 ___ __. Address City State Zip Code ~--------82_3_A_n_d_e _rs_on_St_. _W_e~s~ lstillwater I -IM-N----~1~15---'5-08-2--~ Name of pe rson maki ng applicati o n Business p hon e Home phone !Brad Glynn I 16513031657 1 ..... 1 _____ _____. Date (s) of event Type oforganization D Microdistillery 0 Small Brewer !July 19-20-21 I Dclub D Charitable D Religious D Other non-profit Orga nization officer's name City State Zi p Code lsrad Glynn I !S t illwater IIMN 1155082 Orga nization officer's name Cit:t State Zi p Code !Michael Sobieski I !Stillwater l!MN 1 155082 Organization officer's name City State Zip Code !Paul Creager I lstillwater IIMN 1155082 Organ izatio n officer's name Cit~ State Zi p Code !Josh Ernst I !Hugo IIMN 1155082 Location where pe rmit will be used. If an outdoor area, describe I Corner of Chestnut Street and Water Street (Water Street Inn Valet Parking Lot). Beer Garden 200x120 are; If the a n/a If the aoolicant w i ll carrv liau or liabilitv insurance pl ease pro vide the carrier's name and amount of cove rage . Illinois Casualty $1.5million APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL AND GAMBLING ENFORCEMENT City of Stillwater Ci t y or Co unty ap p r ov ing the license $25/day = jj J -. c;9-0 Date Approved Permit Date bwolf@ci.stillwater.mn.us Date Fee Pai d City or County E-mail Address 651-430-8802 Ci ty or Cou nty Phon e Num ber 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 ~ ~ m :x, Vl ~ ···:···············~······· ···············~····························································· . • . . • OFFICE !•. •• • • • ••••••• . . . . . . . . . . • , ............. . BEER TRAILER MAIN TENT 80X40 OPEN AREA . • . . . . . . . . . . . . . • . • . . . .......... " : . . ~-······································ . • . . . . . ..... -. ......, ..... Dimensions: Total Beer Garden = 10,600 sq. ft . Area Under Tent= 3,800 sq . ft . Perimeter (single bicycle fence) = approx. 600' Total# of fence pieces= 75 Total Service Area= 15' x 30' = 450 sq. ft. Total Exiting = 2 @ 16' Staffed, 3 @ 8' Emergency Security Guards= minimum 2, maximum 4 Total 8' tables (each with 10 chairs)= 16 Total Barrel High Tops w/o chairs= 12 ~~---STAGE 2019 Lumberjack Days Beer Garden Detail Map No Scale m ~ CHESTNUT STREET Vl 0 m ~ )> r :;;,,:: APPROVING 2019 LUMBERJACK DAYS SPECIAL EVENT, 2019 LUMBERJACK DAYS AGREEMENT AND TEMPORARY LIQUOR LICENSE BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2019 Lumberjack Days Special Event, the 2019 Lumberjack Days Agreement, and Temporary Liquor License, between The Locals and the City of Stillwater, is hereby approved, subject to coordination of the event with the City’s police, fire and public works departments to meet all City requirements, approvals from other government agencies and entities, and authorizes the Mayor and City Clerk to sign the Agreement. Adopted by the City Council of the City of Stillwater this 4th day of June, 2019. ________ ________________________________________________ Mike Polehna, Vice Mayor ATTEST: _____________________________________________ Beth Wolf, City Clerk MEMORANDUM TO: Mayo11 and City Council r-<.. A . FROM: Reabar Abdullah, Assistant City Engineer DATE: RE: May 3 l5t, 2019 2019 Street Improvement Project Project 2019-02 DISCUSSION The bid letting for the 2019 Street Improvement project was Thursday, May 16 , 2019 . The City received two bids with the lower bid in the amount of $2,330,553 .60 submitted by Miller Excavating Inc. of Baytown Minnesota . This was a little higher than estimated . Three major items were added to the project since the feasibility report ; the 2019 Sidewalk Rehabilitation Project, a large storm sewer crossing repair on 2nd Street, and at the request of the Water Board a replacement of 385 feet of water main on Oak Street. The addition of these three items added about $300,000 to the project. In analyzing the bids , unit prices between the engineers estimate and the contractors bid prices were comparable for the most part except for a few items , concrete and bituminous removals, granular materials, concrete sidewalk, concrete curb & gutter and drainage structures . In talking to the contractor, he explained that due to working in the downtown area and many different areas of the project, and multiple equipment relocations , were causes for the price difference . Costs for the 2019 Sidewalk Rehabilitation Project was a little lower than the feasibility estimate as a result of combining with the street project. After discussing price of water main work the Water Board they decided not to proceed with installation of the 3 85 feet of water main and just do smal I repairs as part of the project. Staff spent some time analyzing the project and the bids for areas where we can save some money and felt by negotiating lower unit prices on few item , and reducing some bid item quantities we could save about$ I 00 ,000 in project costs, also by tapping into the contingency used in the feasibility study the assessments are kept close to the feasibility study . RECOMMENDATION It is recommended that the City accept the bids submitted for the 2019 Street Improvement Project, Project 2019-02 , and award the contract, to Miller Excavating, Inc , ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2019- ACCEPTING BID AND AW ARD ING THE CONTRACT FOR 2019 STREET IMPROVEMENT PROJECT (PROJECT 2019-02). ACCEPTING BID AND A WARDING CONTRACT FOR 2019 STREET IMPROVEMENT PROJECT 2019 Sidewalk Rehabilitation Project (Project 2019-02) WHEREAS, pursuant to an advertisement for bids for the 2019 Street Improvement Project, two bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT MILLER EXCAVATING, INC ., BAYTOWN, MN $2 ,330,553.60 OMG MIDWEST INC OBA MINNESOTA PA YING & MATERIALS , ROGERS , MN $3,075,285.53 ENGINEER'S ESTIMATE $1 ,912,721.84 and WHEREAS, it appears that Miller Excavating, Inc . of Baytown, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authoriz ed and directed to enter into a contract with Miller Excavating of Baytown, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 4th day of June 2019 . Michael Polehna, Vice Mayor ATTE ST: -------------- Beth Wolf, City Clerk MEMORANDUM To: Mayor and City Council~ From: Shawn Sanders , Director of Public Works Date : May 30 , 2019 Subject: Approval of Engineering Services for Downtown Lighting Study BACKGROUND The taller highway lights in the downtown area are a little less than 30 years old . 135 of these lights were installed as part of the downtown project in 1991 and at the time were operated and maintained by the City. In 1999 , the pedestrian lights , totaling 55 were installed by Xcel Energy and an agreement was made that Xcel would take over responsibility of maintenance and operation of all the lights (16 years for the taller lights and 25 years for the pedestrian lights.). This past year condition of the taller lights were inspected by Xcel Energy and resulted in several lights being removed because the bases were rusted out, potentially becoming a fall hazard and 29 lights were eventually removed and 8 were replaced. It appears that these taller lights are at the end of the life and replacement is necessary in the near future. Although the maintenance agreement has expired with Xcel on the taller lights , the y have indicated they will continue with replacement of bulbs and ballasts when necessary . (It is also worth noting that the life of the pedestrian lights are approaching 25 years and the agreement with Xcel expires in 2024 . These lights too may be in need of replacement. DISCUSSION Staff is proposing a lighting study for the downtown area that would look at several options including: a new layout for lights that would include only pedestrian lighting , tall performance based lighting or a combination of both. Explore the feasibility of a city construction of new lights vs Xcel construction cost and a city owned system vs Xcel owned system. Conduct meeting with staff, council and the downtown business group. Staff received two quotes to do the study with SEH submitting a quote not to exceed $17 ,750 .00 . (The quote is attached to the memo). There was no monies budgeted for this work , but the Finance Director has indicated we could find available funds in the Permanent Improvement Fund. RECOMMENDATION Staff recommends that a study of the Downtown Lighting Study proceed and that SEH be approved to do the study in the amount not to exceed $17 ,750 .00 . ACTION REQUIRED If Council concurs with the recommendation, the y should pass a motion adopting Resolution No. 2019-_, ACCEPTING PROPOSAL AND A WARDING CONTRACT FOR ENGINEERING SERVICES FOR DOWNTOWN LIGHTING STUDY (Project 2019- 10). ACCEPTING PROPOSAL AND A WARDING CONTRACT FOR ENGINEERING SERVICES FOR THE DOWNTOWN LIGHTING STUDY PROJECT 2019-10 WHEREAS, the City solicited quotes to provide engineering services for the Downtown Lighting Study and two have been received . WHEREAS, the proposal from SEH being the best fit for the project based upon the scope of serv ices 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 SEH , in the name of the City of Stillwater for engineering services for the Downtown Lighting Study. Adopted by the City Council this 4th day of June , 2019. Michael Polehna, Vice Mayor ATTEST: ------------- Beth Wolf, City Clerk ~. SEH Building a Better World for All of Us" April 23 , 2019 Mr. Shawn Sanders City Engineer/Public Works Director City of Stillwater 216 North 4th Street Stillwater, MN 55092 Dear Mr. Sanders: RE : City of Stillwater, MN Downtown Lighting Study SEH No. STILL 103948 Thank you for the opportunity to submit this proposal for services associated with the Downtown Lighting Study (Study). This letter serves as our understanding of the project scope and fee . PROJECT UNDERSTANDING We understand that aging City and Xcel Energy owned street lighting systems are nearing their end of life. In addition , some street lighting maintenance contracts with Xcel Energy are expiring soon. To address this , the City is requesting a Study that will aid them in developing a management plan for existing and new Downtown lighting systems. The Study will enable the City to evaluate differences in construction and maintenance costs associated with City and Xcel Energy lighting system ownership. The Study will be limited to systems associated with approximately 190 Downtown light poles. The following scope outlines the tasks included in the project: SCOPE OF SERVICES • Provide equipment options and typical layouts for lighting systems consisting of the following: o Pedestrian scale only lighting systems o Tall performance based lighting systems o Combination pedestrian/performance lighting systems • City owned and Xcel owned construction estimates will be provided for all typical layouts • Estimates will include optional pole accessories such as GFCI receptacles, banner arms , seasonal displays , and plant baskets • Estimates will include possible State Aid contributions if available • Describe the feasibility of taking ownership of existing Xcel Energy lighting systems and the possible associated City efforts and costs • Identify outside maintenance options for existing and future City owned systems • Conduct a site visit/walk-through to evaluate condition of existing lighting systems • Conduct two meetings with City maintenance and Engineering staff to discuss power and control requirements , and preferred methods of operation • Conduct two meetings with the downtown business group • Attend one Council workshop and one regular Council meeting • Coordinate with Xcel Energy to identify equipment options , lighting layouts and construction estimates • Compile a draft & final report Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc. I 3535 Vadnais Center Dri ve I Saint Paul , MN 55110-5196 SEH is 100% employee-owned I sehinc.com I 651 .490 .2000 I 800 .325 .2055 I 888 .908 .8166 fax Downtown Lighti ng Study April 23, 2019 Page 2 CITY RESPONSIBILITY • Provide ava ilable maintenance history associated with City and Xcel owned lighting • Provide cop ies of existing Xcel Ene rgy maintenance contracts • Furnish shop drawings and asbuilt plans or mark-ups associated with existing City and Xcel Energy lighting systems • Coordinate meeting locations and notify participants ADDITIONAL SERVICES SEH will furnish Additional Services due to changes i n the scope of services or as requested by the City. We will provide an esti mated fee for Additional Services as requested . COMPENSATION SEH is prepared to begin these efforts upon receipt of your written authorization . Attached is a services agreement that you can use to authorize us to begin this work. Based on t he scope of serv ices described above , SEH proposes to complete the work for a fee of $17 ,750 .00. The fee includes reimbursable expenses for mileage and reproductions . The task hours associated with th is project are deta iled below . LIGHTING STUDY TASK HOURS PROJ MGR ADMIN Phone Calls -Gather Info , Mappinq 4 (2) Meetinqs -City Maintenance Staff -Prep & Meetings 6 (2) Meetinqs -Business Group -Prep & Meetinqs 8 Enaineering Meeting -Kickoff Meeting 3 Council Meetinqs -Workshop & Cou ncil Meetinq & Prep 8 (3) Preliminary Layouts -Photometrics 14 Details, Drawinqs , Liahtina Equipment Examples 4 Field Review 8 Xcel Energy Lighting Coordination 4 Report Content and Assembly 16 (6) Construction Cost Estimates (3 C ity and 3 Xcel) 8 Cl ient Meetinq -Study Subm ittal 3 Study Revisions and Submittal 3 Project Administration/Document Preparation 5 6 TOTAL HOURS 94 6 SUMMARY SEH is excited to work with the City in the preparation of this Study. Please contact me with any questions or requests for additional information . Thank you for the opportunity to submit this proposal. Sincerely , SHORT ELLIOTT HENDRICKSON INC . Ken Taillon Proj ect Manager, Lighting Specialist kst c : Reabar Abdullah -C ity of Stillwater s :lptl s\still\co mmon\stillwater 2019 lighti ng proposal\submittallletter proposal -kst.docx Agreement for Professional Services This Agreement is effective as of (Consultant). , between City of Stillwater (Client) and Short Elliott Hendrickson Inc. This Agreement authorizes and describes the scope , schedule , and payment conditions for Consultant's work on the Proj ect described as : Downtown Lighting Study. Client's Authorized Representative: Address: 216 North 4th Street Stillwater , MN, 55092 Telephone: 651.430 .8830 Project Manager: Ken Taillon Address: 3535 Vadnais Center Drive St. Paul , MN 55110 Telephone: 651 .765.2980 Shawn Sanders email: ssanders@ci.stillwater.mn .us email: ktaillon@sehinc .com Scope: The Basic Services to be provided by Consultant as set forth herein are provided subject to the attached General Conditions of the Agreement fo r Profess ional Services (General Conditions Rev . 07 .14.16), which is incorporated by reference herein and subject to Exhibits attached to this Agreement. See proposal letter for Scope of Services . Schedule: Work can commence the 2nd week of May. Payment: The lump sum fee is $17 ,750.00 including expenses and equipmen t. The payment method , bas is, frequency and other special conditions are set forth in attached Exhibit A-2 . This Agreement for Professional Services , attached General Conditions , Exhibits and any Attachments (collectively referred to as the "Agreement") supersedes all prior contemporaneous oral or written agreements and represents the entire understanding between Client and Consultant with respect to the services to be provided by Consultant hereunder. In the event of a conflict between the documents , this document and the attached General Conditions shall take precedence over all other Exhibits unless noted below under "Other Terms and Conditions". The Agreement for Professional Services and the General Conditions (including scope , schedule , fee and signatures) shall take precedence over attached Exhibits . This Agreement may not be amended except by written agreement signed by the authorized representatives of each party. Other Terms and Conditions : Other or additional te rms contrary to the General Conditions that apply solely to th is project as specifically agreed to by signature of the Parties and set forth herein : None . s :\pt\slsti lllcom monl sti llwa te r 2019 lighting proposallsubmittall letter ag reement.docx Short Elliott Hendrickson Inc. By: Title : Project Manager Short Elliott Hendrickson Inc . (Rev . 11.08 .18 ) City of Stillwater By : Title: Letter Agreement -1 City of Stillwater Exhibit A-2 to Letter Agreement Between City of Stillwater (Client) and Short Elliott Hendrickson Inc. (Consultant) Dated Payments to Consultant for Services and Expenses Using the Lump Sum Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties : A. Lump Sum Basis Option The Client and Consultant select the Lump Sum Basis for Payment for services provided by Consultant. During the course of providing its services , Consultant shall be paid monthly based on Consultant's estimate of the percentage of the work completed. Necessary expenses and equipment are provided as a part of Consultant's services and are included in the initial Lump Sum amount for the agreed upon Scope of Work. Total payments to Consultant for work covered by the Lump Sum Agreement shall not exceed the Lump Sum amount without written authorization from the Client. The Lump Sum amount includes compensation for Consultant's services and the services of Consultant's Consultants, if any for the agreed upon Scope of Work . Appropriate amounts have been incorporated in the initial Lump Sum to account for labor , overhead , profit , expenses and equipment charges . The Client agrees to pay for other additional services , equipment , and expenses that may become necessary by amendment to complete Consultant's services at their normal charge out rates as published by Consultant or as available commercially . B. Expenses Not Included in the Lump Sum The following items involve expenditures made by Consultant employees or professional consultants on behalf of the Client and shall be paid for as described in this Agreement. 1. Expense of overtime work requiring higher than regular rates , if authorized in advance by the Client. 2 . Other special expenses required in connection with the Project. 3 . The cost of special consultants or technical services as required. The cost of subconsultant services shall include actual expenditure plus 10% markup for the cost of administration and insurance . The Client shall pay Consultant monthly for expenses not included in the Lump Sum amount. s :lpt\sl stimco mmonl stillwater 20 19 lighti ng proposal lexhibit a2.docx Short Elliott Hendrickson Inc. (Rev. 10.21 .10) Exhibit A-2 -1 City of Stillwater General Conditions of the Agreement for Professional Services SECTION I -SERVICES OF CONSUL TANT A. General 1. Consultant agrees to perform professional services as set forth i n the Agreement for Professional Services or Supplemental Letter Agreement ("Bas ic Services"). Noth ing contained in this Agreement shall create a contractual relationship wi th or a cause of acti on in favor of a th ird party against either the Client o r the Consultant. The Consultant's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any daim against the Consultant because of this Agreement o r the performance or nonperformance of services hereunder. B. Schedule 1 . Unless specific periods of time or dates for providing services are specified , Consultant's obligation to render services hereunder wi ll be for a period v.tlich may reasonably be requi r ed for the completion of said services. 2 . If Client has requested changes in the scope, extent , or character of the Project or the services to be provided by Consultant , the time of performance and compensation for Consultant's services shall be adjusted equ itably. The Client agrees that Consultant is not responsible for damages arising directly or i ndirectly from delays beyond Consultant's control. If the delays resulting from such causes i ncrease the cost or the time required by Consultant to perform its services in accordance with professional ski ll and care, then Consultant shall be entitled to a equitable adjustment in schedule and compensation . C. Addltlonal Services 1. If Consultant determines that any services it has been directed or requested to perform are beyond the scope as set forth in the Agreement or that, due to changed cond itions or changes i n t he method or manner of adm inistration of t he Project, Consultant's effort requi red to perfonm its services under this Agreement ex ceeds the stated fee for Basic Services, then Consultant shall promptly notify the Client regarding the need for additional services. Upon notification and in the absence of a written objection , Consultant shall be entitled to additional compensati on for the additi onal services, and to an extension of time for completion of addit ional services absent written objection by Client. 2. Additional services shall be billed in accord with agreed upon rates , or if not addressed , then at Consultant's standard rates . D. Suspension and Termination 1. If Consultant's services are delayed or suspended in v.tlole or in part by Client , or if Consultant's services are delayed by actions or inactions of others for more than 60 days through no fault of Consultant , then Consultant shall be entitled to either tenminate its agreement upon 7 days written notice or, at its option , accept an equitable adjustment of rates and amounts of compensat ion provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant. 2 . This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perfonm in accordance with its tenms through no fault of the party initiating the termination. 3 . This Agreement may be terminated by either party upon thirty days' written notice without cause . All provisions of this Agreement allocating responsibility or liability betw een the Cl i ent and Consultant shall survive the completion of the services hereunder and/or the tenmination of this Agreement. 4. In the event of termination , Consultant shall be compensated for services perfonmed prior to tenmination date , induding charges for expenses and equipment costs then due and all termination expenses . General Conditions -1 (Rev. 07 .14 16) SECTION II -CLIENT RESPONSIBILITIES A. General 1. The Client shall , in proper time and sequence and v.tlere appropriate to the Project , at no expense to Consultant, provide full information as to Client's requirements for t he services provided by Consultant and access to all public and private lands requ ired for Consultant to perform its services. 2 . The Consultant is not a mun icipal advisor and therefore Client shall provide its own legal , accounting , financial and insurance counseling and other special services as may be required for the Project . aient shall provide to Consultant all data (and professional interpretations thereof) prepared by or services perfonmed by others pertinent to Consultant's services, induding but not limited to , previous reports ; sub-surface explorations; laboratory tests and inspection of samples; environmental assessment and impact statements, surveys, property descriptions; zoning , deed and other land use restrict ions; as- built drawings, electronic data base and maps. The costs associated with correcting , creating or recreating any data that is provided by the Client that contains inaccurate or unusable information shall be the responsibility of the Client. 3 . Client shall provide prompt written notice to Consultant whenever the Client observes or otherwise becomes aware of any changes in the Project or any defect in Consultant's services . Client shall promptly examine all studies, reports, sketches, opinions of construction costs , specifications, drawings, proposals, change orders, supplemental agreements and other documents presented by Consultant and render the necessary decisions and instructions so that Consultant may provide services in a timely manner. 4 . Client shall require all utiliti es with facilities within the Client's Project site to locate and mark said utilities upon request , relocate and/or protect said utilities as determined necessary to accommodate work of the Project , submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. Consultant shall not be liable for damages which arise out of Consultant's reasonable reliance on the infonmation or services furnished by utilities to Client or others hired by Client. 5. Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Cl ient or others employed by the Client and shall not be liable for damages arising from reasonable reliance on such materials. Consultant shall promptly notify the Client if Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose . SECTION Ill -PAYMENTS A. Invoices 1 . Undisputed portions of invoices are due and payable within 30 days. Client must notify Consultant in writing of any disputed items within 15 days from receipt of invoice. Amounts due Consultant will be increased at the rate of 1.0% per month (or the maximum rate of interest penmitted by law, if less) for invoices 30 days past due. Consultant reserves the right to reta in Instruments of Service until all invoices are paid in full . Consultant will not be li able for any daims of loss, delay , or dam age by Client for reason of withholding services or Instruments of Service until all invoices are paid in full . Consultant shall be entitled to recover all reasonable costs and disbursements , including reasonable attorney's fees , incurred in connection with collecting amounts owed by Client. 2 . Should taxes, fees or costs be imposed , they shall be in addition to Consultant's agreed upon compensation. 3 . Notwithstanding anything to the contrary herein , Consultant may purs ue collection of past due invoices without the necessity of any mediation proceedings. SECTION IV-GENERAL CONSIDERATIONS A. Standards of Performance 1 . The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. 2 . Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work in accordance with its construction contract or the construction documents prepared by Consultant . Client acknowledges Consultant will not direct, supervise or control the work of construction contractors or their subcontractors at the site or otherwise . Consultant shall have no authority over or responsibility for the contractor's acts or omissions, nor for its means, methods or procedures of construction. Consultant's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety or furnishing or performing any of the Contractor's work. 3. If requested in the scope of a Supplemental Letter Agreement, then Consultant may provide an Opinion of Probable Construction Cost. Consultant's Opinions of Probable Construction Cost provided for herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a professional generally familiar with the industry. However, since Consultant has no control over the cost of labor, materials, equipment or service furnished by others, or over the Contractor's methods of determini ng prices, or over competitive bidding or market conditions , Consultant cannot and does not guarantee that proposals, bids or actual construction cost will not vary from Opinions of Construction Cost prepared by Consultant. If Client wishes greater assurance as to probable Construction Cost, Client shall employ an independent cost estimator or negoti ate additional services and fees with Consultant. B. Indemnity for Environmental Issues 1. Consultant is not a user, generator, handler, operator, arranger, storer, transporter or disposer of hazardous or toxic substances , therefore the Client agrees to hold harmless, indemnify and defend Consultant and Consultant's officers , directors , subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with , the presence, discharge , release , or escape of hazardous or toxic substances, pollutants or contaminants of any kind at the site. C. Limitations on Consultant's Liability 1 . The Client hereby agrees that to the fullest extent permitted by law, Consultant's total liability to the Client for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project or this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed five hundred thousand dollars ($500,000). In the event Client desires limits of liability in excess of those provided in thi s paragraph , Client shall advise Consultant in writing and agree that Consultant's fee s hall increase by 1 % for each additional five hundred thousand dollars of liability limits, up to a maximum limit of li ability of five million dollars ($5,000,000). 2 . Neither Party shall be liable to the other for consequential damages, including , without limitation , lost rentals , increased rental expenses, loss of use, loss of income, lost profit, financing , business and reputation and for loss of management or employee productivity, incurred by one another or their subsidiaries or successors , regardless of whether such damages are foreseeable and are caused by breach of contract, willful misconduct, negligent act or omission , or other wrongful act of e ither of the m . 3 . It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's employees, officers or directors to any personal legal exposure for the risks associated General Conditions -2 (Rev. 07 .14 .16) with this Agreement. The Client agrees that as the Client's sole and exclusive remedy, any claim , demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant's individual employees, officers or directors, and Client knowingly waives all such claims against Consultant individual employees, officers or directors. D. Assignment 1. Neither party to this Agreement shall transfer, sublet or assign any rights under, or interests in , this Agreement or claims based on this Agreement without the prior written consent of the other party. Any assignment in violation of this subsection shall be null and void . SECTION V -DISPUTE RESOLUTION A. Mediation 1 . Any dispute between Client and Consultant arising out of or relating to this Agreement or services provided under this Agreement , (except for unpai d invoices which are governed by Section Ill), shall be submitted to nonbinding mediation as a precondition to litigation unless the parties mutually agree otherwise. Mediation shall occur within 60 days of a written demand for mediation unless Consultant and Client mutually agree otherwise. B. Litigation -Choice of Venue and Jurisdiction 1 . Any dispute not settled through mediation shall be settled through litigation in the state 'Mlere the Project at issue is located. SECTION V1 -INTELLECTUAL PROPERTY A. Proprietary Information 1. All documents, including reports, drawings, calculations, specifications, CADD materials, computers softwar e or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant's Instruments of Service ("Instruments of Service") and Consultant retains all ownership interests in Instruments of Service, including all available copyrights. 2 . Consultant shall retain all of its rights in its proprietary information including , without limitation, its methodologies and methods of analysis, ideas, concepts, expressions, inventions, know how, methods, techniques, skills, knowledge and experience possessed by Consultant prior to, or acquired by Consultant during, the performance of this Agreement and the same shall not be deemed to be Work Product or Work for Hire and Consultant shall not be restricted in any way with respect thereto . B. Client Use of Instruments of Service 1. Provided that Consultant has been paid in full for its services, Client shall have the right in the form of a license to use Instruments of Service resulting fi"om Consultant's efforts on the Project. Consultant shall retain full rights to electronic data and the drawings, specifications, i ncluding those in electronic form , prepared by Consultant and its subconsultants and the right to reuse component information contained in them in the normal course of Consultant's professional activities. Consultant shall be deemed to be the author of such Instruments of Service, electronic data or documents, and shall be given appropriate credit in any public display of such Instruments of Service. 2 . Records requests or requests for additional copies of Instruments of Services outside of the scope of services are available to Client s ubject to Consultant's current rate schedule. C . Reuse of Documents 1 . All Instruments of Service prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for r euse by the Client or others on extensions of the Project or on any other Project. Any reuse of the Instruments of Service without written consent or adaptation by Consultant for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to Consultant; and the Client shall release Consultant from all claim s arising from such use. Client s hall al so defend , indemnify and hold harm less Consultant from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from reuse of Consultant documents without written consent. Phone: 612-404-9265 Email: Info@OperatunityTheatre.org Web: OperatunityTheatre.org Friday, May 24, 2019 Obed Floan Operatunity Theatre 7450 213th St. N Forest Lake, MN 55025 Re: “Opera on the River” city fees and deposits hardship request Dear City Officials, Since obtaining final city approval in April for “Opera on the River” (August 10th - Lowell Park), we have been working diligently around the clock to locate the funding necessary to launch this concert the way we originally proposed, and it has been a very slow process. Therefore, at this time, we do not yet have the funds needed to cover the city deposits and charges listed below. We ask that the city might consider waiving the fees below (and any other items for consideration as well) as we hope that these items are flexible if the city is as excited to have this event as we observed through the approval process? We would also like to take this opportunity to ask if there are any city appropriations available to support this event for the community? App Fee - $100 Event Fee & Deposit - $500 + $1,000 Lowell Park Rental Fee - $100 Park Open Space Fee - $50 Parking Lot #5 Day Fee - $21 Electrical Use Fee - $20 Barricade Fees - $12 Portable Toilette Fees - $180 Please let us know as soon as you get the chance to review this request as we will need to know how to adjust our budget and plan for the ever-evolving details of this event. Thank you and we look forward to hearing your decision on this matter. Sincerely, Obed Floan, M.M., NETA-CPT President / CEO / General Manager OPERATUNITY THEATRE +1 612-803-3688 www.OperatunityTheatre.org PLANNING REPORT TO: City Council CASE NO.: HPC 2019-03 REPORT DATE: May 30, 2019 MEETING DATE: June 4, 2019 APPLICANT: Sarah Nymo, AIA, of Rehkamp Larson Architects LANDOWNER: Reid and Julie Miller REQUEST: Consideration of acceptance of a Demolition Designation Study LOCATION: 615 Broadway Street South ZONING: RA, Single-Family Residential REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION On March 2, 2019 the Heritage Preservation Commission (HPC) considered a request from Reid and Julie Miller for the demolition of their residential structure located at 615 Broadway Street South. The HPC denied the demolition permit on the basis there was a feasible alternative to demolition of this historic resource. On April 16, 2019 the City Council upheld the HPC’s decision and ordered the preparation of a Demolition Designation Study. The Demolition Designation Study was prepared by the 106 Group, and submitted to the City on May 24, 2019; the Study is attached for the City Council’s review. 615 Broadway St. South, Photo Credit: Google Images (August, 2018) HPC Case no. 2019-03 Page 2 SPECIFIC REQUEST Consideration of the acceptance of a Demolition Designation Study (Study) for the Nels Hanson House, located at 615 Broadway Street South. ANALYSIS The Study notes the Nels Hanson House was constructed during the Development of Residential Neighborhoods Historic Context period but that the property is not eligible to be listed under any of the City’s applicable historic criteria. The 106 Group’s recommendation indicates “Because the Nels Hanson House does not meet any of the local Heritage Preservation Site criteria as an individual property, it is not recommended for individual designation as a heritage preservation site”. POSSIBLE ACTIONS City Code Section 34-4, Subd. 2(2)(b)(iii)(1).“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 City Council has the following options: A. Accept the Study. If the Council accepts (approves) the Study, it acknowledges the structure is not a historic resource. If the Council approves the Study, this would mean the Council may: 1. Move to authorize the demolition of the structure; or 2. Move to table consideration of the demolition of the structure for determination to be made no later than October 13, 2019. B. Reject the Study. If the Council rejects (denies) the Study, then it does not accept the Study findings and will continue to pursue individual listing of the structure. If the Council rejects the study, this would mean the Council must begin designation implementation. Under this scenario, the HPC would need to hold a public hearing (with 30 days advanced legal notice), consult with the State Historic Preservation Office, and solicit input from the Planning Commission prior to making a recommendation for designation to the City Council. The City Council, too, would need to hold a public hearing prior to their consideration. If the City Council denies the implementation of the designation (i.e. elects to not locally designate the structure), then the demolition permit may be issued. FINDINGS AND RECOMMENDATION The City’s Demolition Designation Study pre-approval process requires consulting firms and all agencies meet the Secretary of the Interior’s Professional Qualifications Standards (as published in the Federal Register of September 29, 1983). Erin Que, 106 Group Architectural Historian, meets these qualifications; her independent and impartial analysis has determined the site to not be eligible for local listing. Therefore, staff would recommend the City Council move to accept (approve) the Demolition Designation Study for the Nels Hanson House, located at 615 Broadway Street South, and authorize the demolition of the structure. HPC Case no. 2019-03 Page 3 Attachments: Stillwater HPC Historic Site Designation Registration Form cc: Reid and Julie Miller John Kirk, Rehkamp Larson Architects Stillwater Heritage Preservation Commission Historic Site Designation Registration Form 1. Name of Property Historic Name _________________________________________________________________________ Other Names __________________________________________________________________________ SHPO No. _____________________ 2. Location Street Address _________________________________________________________________________ City __________________________ State __________ County __________ Zip Code ____________ 3. Heritage Preservation Commission Certification The Stillwater Heritage Preservation Commission determined that this site is eligible for designation as a Heritage Preservation Site. Chair Date 4. City Council Certification The City Council approved designation of this site as a Heritage Preservation Site. Mayor Date 5. Classification Ownership of Property: ___ Private ___Public-local ___Public-State ___ Public-Federal Number of Resources within Property ______________________________ 6. Function or Use Historic Functions ___________________________________________ Current Functions ___________________________________________ 7. Description Architectural Style __________________________________ Materials foundation _____________________________________ walls _________________________________________ roof __________________________________________ other _________________________________________ Integrity __________________________________ Narrative Description Describe the property on one or more continuation sheets. Name of Property________________________________________ 8. Statement of Significance Applicable Historic Criteria ___ 1. Its character, interest or value as part of the development, heritage, or cultural characteristics of the City of Stillwater, State of Minnesota, or the United States.___ 2. Its location as a site of a significant historic event.___ 3. Its identification with a person or persons who significantly contributed to the culture and development of the City of Stillwater. ___ 4. Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment.___ 5. Its identification as work of an architectural or master builder whose individual work has influenced the development of the City of Stillwater.___ 6. Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation. ___ 7. Its unique location, scale or other physical characteristic representing an established and familiar visual feature of a neighborhood, a district, the community, or the City of Stillwater. Applicable Historic Contexts ___ I. Precontact Period Native American Cultural Traditions___ II. Native Americams, european contact, Initial Setlement___ III. St. Croix Triangle Lumbering___ IV. Town Planning and Development___ V. St. Croix River, Railroads, and Overland Transportation___ VI. Late Nineteenth Century Agricultural Development___ VII. Late Nineteenth and Early Twentieth Century Industrial Development___ VIII. Development of Downtown Stillwater___ IX. Development of Residential Neighborhoods___ X . Development of Stillwater City, Washington County, and State Government Date of Construction ____________________________________________________________ Significant Dates ________________________________________________________________ Significant Persons _______________________________________________________________ Architect/ Builder _______________________________________________________________ Previous Documentation: Currently listed on National Register ___ Previous Surveys ___ Narrative Statement of Significance Explain the significance of the property on one or more continuation sheets. Name of Property________________________________________ Name of Property________________________________________ 9. Bibliography Use one or more continuation sheets as needed. 10. Geographical Data Acreage of Property ________________ Property Identification Number _______________________ UTM References ___ ___________ _____________ ___ ___________ _____________ Form Prepared By Name ________________________________________________________________________________ Organization ___________________________________________ Date _________________________ Address _____________________________________________ Telephone _______________________ City __________________________________________ State __________ Zip Code _____________ Additional Documentation Maps A USGS or city map indicating the property’s location.A sketch map for properties having large acreage or numerous resources. PhotographsRepresentative photographs of the property. Property Owner Name ________________________________________________________________________________ Address _____________________________________________ Telephone _______________________ City __________________________________________ State __________ Zip Code _____________ Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 1 Narrative Description This one-and-a-half-story house with a partially exposed basement is located on the northeast side of Broadway Street South in the South Hill neighborhood of Stillwater (Map 1). The block on which this house is located is sited on top of a steep bluff that runs parallel to the St. Croix River to the northeast. A limestone retaining wall borders the front yard and features two concrete steps in the center to access the concrete sidewalk that runs to the front door (Figures 1 and 2). A concrete driveway is located along the northwest elevation of the house and slopes downward to the rear of the lot. The rear of the property was not accessible during field survey in May 2019; however, recent photos of the rear elevation were provided by the City of Stillwater (Heritage Preservation Commission [HPC] Staff Report: Case No. 2019-03, Prepared by Abbi Jo Wittman, City Planner, City of Stillwater, March 20, 2019). The house rests on a limestone foundation, is clad in vinyl siding, and has a front gable roof that is covered with asphalt shingles. It is oriented southwest-northeast, due to the orientation of Broadway Street South. The house was built in 1880 and originally was rectangular in plan. It exhibits characteristics of the nineteenth century vernacular architectural style found in Stillwater (Stillwater HPC 2013:12; Washington County 2019). Buildings of this era were typically clad in wood (Stillwater HPC 2013:4). On the southwest-facing façade, there is a one-story, full-width, enclosed porch that exhibits some characteristics of the Colonial Revival style (Figure 3). The porch features painted, square, wood columns; is clad in painted wood paneling beneath the windows; and has dentils beneath the eaves. The porch has a hipped roof that is covered with asphalt shingles. The primary entranceway is located at the southeast end of the porch. The windows on the second story of the house feature inoperable wood shutters. A third-story, square-shaped tower is centrally located on the northwest roof slope. Towers are not considered a character-defining feature of the nineteenth century vernacular architectural style in Stillwater. Towers were commonly built on high-style Stillwater homes (i.e. Queen Anne, Second Empire) during this time period, especially on homes with views over the St. Croix River Valley (Stillwater HPC 2013). The house has undergone several additions since it was constructed in 1880 (Washington County 2019). A one-story, full-width addition was built on the rear (northeast) elevation of the house in 1987 (City of Stillwater 1987). A one-story, bay window addition was built on the southeast elevation in 1996 (City of Stillwater 1996). A one-story, partial-width addition was built on the northeast elevation of the 1987 addition in 2010 (City of Stillwater 2010). The southeast elevation of the house has a partially exposed basement and multiple additions (Figures 4 and 5). The first story features a 1996 one-story, bay window addition in the southwest half (City of Stillwater 1996). This addition rests on a poured concrete foundation, is clad in vinyl siding, and has a hipped roof that is covered with asphalt shingles. To the northeast of the bay window addition, there is an attached pergola that is comprised of wood posts with wood latticework affixed to the top of the posts, and a gable roof that is covered with asphalt shingles. The construction date of the pergola is not known and could not be discerned from aerial photographs. A secondary entranceway beneath the pergola provides access to an above-ground hot tub. A tall, one-story, gable roof addition is located on the rear (northeast) of the house and projects beyond the original footprint of the house; it was built in 1987 (City of Stillwater 1987). This 1987 addition is clad in vinyl siding and has a front gable roof that is covered Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 2 with asphalt shingles. An exterior, concrete block chimney is located near the south corner of the original house, and is attached to the southwest wall of the rear addition; it was built between 2013-2015 (Google 2013; Microsoft 2015). A wood deck wraps around the southwest and southeast elevations of the addition and connects to a larger deck on the rear of the house. The construction date of the deck is not known, but may have been built in conjunction with the 1987 addition. Multiple additions are also located on the northeast elevation (Figure 6). The 1987 addition spans the full width of the northeast elevation. The wood deck is attached to the southeast half of the 1987 addition and is accessed by wood steps. A half-width addition was constructed in 2010 on the northwest half of the 1987 addition (City of Stillwater 2010). It is comprised of a fully exposed basement that contains a garage stall, and a tall, one-story screened porch above. The basement level is clad in vinyl siding. The screened porch has a wood frame with wood trusses that extend across the full width of the northeast elevation, creating a pergola over the wood deck. The porch walls are comprised of two-part aluminum screens. The openings in the outward-facing trusses are filled with glass. The porch has a shed roof that is covered with asphalt shingles. On the northwest elevation, the basement is partially exposed in the southwest half and fully exposed in the northeast half (Figure 7). Multiple additions are located on the northwest elevation, which is comprised of, from southwest to northeast, the two-story original house with a third-story tower projection at the northeast end, the 1987 rear addition, and the 2010 rear addition. The roofline on the original house was slightly altered in the 1990s to accommodate a second-story window, near the center (Presentation by Reid and Julie Miller, owners, to the Stillwater City Council, April 16, 2019). The first- and second-story windows have inoperable wood shutters. The tower features a pyramid roof that is covered with asphalt shingles. According to City records, part of the siding on the tower is damaged and has been covered with plywood with decorative metal filigree and glass (HPC Staff Report: Case No. 2019-03, Prepared by Abbi Jo Wittman, City Planner, City of Stillwater, March 20, 2019). The northwest elevation of the 1987 addition consists of a fully exposed basement that contains a two-stall garage, and a first story addition to the house with a bay window and screened porch. The 2010 addition consists of a third garage stall on the basement level and an addition to the screened porch on the first story. The northwest elevation of the porch features a wood frame with two-part aluminum screens and a wood railing. Fenestration on the southwest-facing façade of the front porch, from northwest to southeast, consists of four one-over-one, double-hung, aluminum windows with fixed, one-over-one, screen windows; and a single-leaf metal storm door at the southeast end that is flanked by narrow, one-over-one, double-hung, aluminum windows with fixed, one-over-one, screen windows. Fenestration on the first story of the southwest-facing façade of the house, from northwest to southeast, consists of a six-over-six, double-hung wood window and a single-leaf wood door with four lights. Fenestration on the second story of the southwest-facing façade consists of two replacement, one-over-one, double-hung, wood windows that are slightly smaller than the original windows (Presentation by Reid and Julie Miller, owners, to the Stillwater City Council, April 16, 2019). Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 3 Fenestration on the southeast elevation of the front porch consists of three one-over-one, double-hung, aluminum windows with fixed, one-over -one, screen windows. Fenestration on the basement level of the house consists of a sliding vinyl window. Fenestration on the first story of the southeast elevation, from southwest to northeast, consists of a fixed, vinyl, octagonal window with faux wood dividers; a single- leaf door of an unknown material; and a vinyl picture window. Fenestration on the 1996 bay window addition consists of two one-over-one, double-hung, vinyl windows with faux dividers; paired wide one- over-one, double-hung, vinyl windows with faux dividers; and two one-over-one, double-hung, vinyl windows with faux dividers. Fenestration on the first story of the southwest elevation of the 1987 rear addition consists of a fixed, vinyl window with faux dividers. Fenestration on the first story of the southeast elevation of the rear addition consists of two vinyl picture windows. Fenestration on the second story of the southeast elevation consists of a fixed, vinyl, octagonal window; and two vinyl casement windows with faux dividers. Fenestration on the basement level of the northeast elevation consists of a vinyl window with faux dividers. The type of window operation could not be determined in the field. Fenestration on the first story of the northeast elevation, from southeast to northeast, consists of a tall, fixed, vinyl window with faux dividers; a large, sliding vinyl window; a porch access door of an unknown operation and material; and a tall, fixed, vinyl window with faux dividers. There is no visible fenestration on the second story of the northeast elevation. Fenestration on the basement level of the northwest elevation of the original house consists of three vinyl sliding windows. Fenestration on the basement level of the northwest elevation of the 1987 addition consists of two single-stall, steel, overhead garage doors. Fenestration on the basement level of the northwest elevation of the 2010 addition consists of a single-stall, steel, overhead garage door. Fenestration on the northwest elevation of the front porch consists of three one-over-one, double-hung, aluminum windows with fixed, one-over-one, screen windows. Fenestration on the first story of the original house, from southwest to northeast, consists of three one-over-one, double-hung, vinyl windows with faux dividers; and one vinyl casement window with faux dividers. Fenestration on the first story of the 1987 addition consists of three vinyl casement windows with faux dividers. There is no fenestration on the 2010 addition. Fenestration on the second story of the original house consists of a one-over-one, double-hung, vinyl window with faux dividers; and two vinyl casement windows with faux dividers. Fenestration on the third story of the tower projection consists of one vinyl casement window with faux dividers. The third story of the tower on the northwest elevation features a vinyl casement window with faux dividers on the southwest elevation; a vinyl awning window with faux dividers on the southeast elevation; two vinyl casement windows with faux dividers on the northeast elevation, and a vinyl casement window with faux dividers on the northwest elevation. Integrity The house retains excellent integrity of location as it remains in its original location in the South Hill neighborhood. The house also retains excellent integrity of setting as it remains surrounded by the Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 4 original houses that predate its construction, and is sited overlooking the St. Croix River valley (Washington County 2019). The integrity of design, materials, and workmanship have been compromised by several alterations and additions over time, including replacement siding in 1987 that is not in-kind; alterations to slightly reduce the size of the front, second-story windows in the 1990s; replacement windows throughout and new octagonal windows on the southeast elevation in the 1990s; the enclosure of the front porch in the 1990s; the bay window addition on the southeast elevation in 1996; the rear additions in 1987 and 2010; and the replacement and relocation of the original chimney in 2013-2015 (City of Stillwater 1987a; City of Stillwater 1987b; City of Stillwater 1996; City of Stillwater 1910; Google 2013; Microsoft 2015; Presentation by Reid and Julie Miller, owners, to the Stillwater City Council, April 16, 2019). The house retains fair integrity of feeling and association as many of its nineteenth century characteristics have been obscured by alterations. Overall, the house retains poor integrity due to the significant alterations. Narrative Statement of Significance History South Hill Neighborhood This property was platted in 1848 as part of the Original Town of Stillwater, although the neighborhood was not settled immediately. The South Hill neighborhood is bounded by Myrtle Street to the north, Main Street to the east, Willard Street to the south, and Sixth Street South to the west. The oldest houses in the neighborhood are located in the north end (Roberts 1996:1, 25). Broadway Street South was not included on the 1884 Sanborn Fire Insurance Maps; however, numerous houses were already built by this time in the South Hill neighborhood. In fact, 26 properties in this neighborhood were built by 1870, an additional 27 were built by 1875, and 11 were built by 1879 (Roberts 1996:23). The landscape and architectural design of the South Hill neighborhood reflects the picturesque aesthetic that became popular in the 1870s and 1880s (Roberts 1996:30). This area was generally settled by businessmen who worked at the south end of Stillwater as well as professionals, government employees, elected officials, and local tradesmen (Roberts 1996:30-33). Residences in the South Hill neighborhood exhibit a variety of popular styles from the 1880s, including Italianate, French Second Empire, and Queen Anne (Roberts 1996:40). This property is an example of the nineteenth century vernacular architecture of Stillwater. Vernacular houses built from 1845-1910 featured the following characteristics: one-and-a-half-story height; gabled roofs with wood shingles; rectangular plans with porches are later additions to increase living space; minimal ornament, two-over-two, double- hung windows, vertically proportioned; and a central chimney (Stillwater HPC 2013:7, 12). Some houses in the South Hill neighborhood also features limestone retaining walls and limestone foundations, as in this house at 615 Broadway Street South (Roberts 1996:40). After 1910, concrete block became more commonly used for foundations and retaining walls. Most of the early homes in this area were built with wood frames and siding. Wood shingles were also commonly used on roofs prior to 1900, before transitioning to asphalt or asbestos shingles (Stillwater HPC 2013:4). Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 5 Property History No original building permits for this property were on file at the City of Stillwater. Tract records on file at the Washington County Courthouse indicate that the land on which this house is sited was deeded to Nels Hanson in 1879 (Washington County Courthouse n.d.). According to Washington County records, the house was built in 1880 (Washington County 2019). The original architect or builder is not known. The property is first depicted on a Sanborn Fire Insurance Map in 1898. It included a two-story, wood frame dwelling with a shingle roof, an open one-story porch on the southwest-facing façade, and a one-story, rectangular wing at the rear that extended slightly beyond the two-story portion of the house. A one-and- a-half-story carriage house was located to the northeast of the house (Sanborn Map Company 1898). By 1910, the rear one-story wing was replaced with a square-shaped addition, slightly shorter than the width of the two-story portion, and it had an open one-story porch on the southeast elevation of the wing. Additionally, a one-story outbuilding was built to the southeast of the house (Sanborn Map Company 1910). In 1920, a building permit was issued for new shingles and general repairs (City of Stillwater 1920). The one-story outbuilding was removed by 1924 (Sanborn Map Company 1924). The carriage house was removed between 1949 and 1966 (NETR 1949; NETR 1966). The porch and part of the house were re-roofed in 1972 (City of Stillwater 1972). In 1981, a 12-foot by 21-foot deck was constructed on the rear of the house (City of Stillwater 1981). This deck is likely no longer extant due to later changes to the rear of the house. In 1987, a 24-foot by 24-foot garage and a second-story addition were constructed; this likely refers to the rear addition that is comprised of a basement-level garage and first-story addition (City of Stillwater 1987a). It may also include the construction of the tower projection, but this element is not described on available building permits. The previous square-shaped addition at the rear of the house was likely removed prior to the construction of the 1987 addition as the footprints do not match. Also in 1987, the house was re-sided with vinyl siding (City of Stillwater 1987b). According to the property owner, there were several changes to the house in the 1990s. On the southwest-facing façade, the porch was fully enclosed, the porch roof was altered, and the second-story windows were replaced and resized from the original fenestration. The roofline on the northwest elevation was altered to accommodate a second-story window in the southwest half. The octagonal windows on the southeast elevation were also installed during this period (Presentation by Reid and Julie Miller, owners, to the Stillwater City Council, April 16, 2019). The one-story, bay window addition on the southeast elevation was built in 1996, possibly in conjunction with the other changes in the 1990s (City of Stillwater 1996). In 2010, an 8-foot by 12-foot garage addition with a screened porch above was constructed on the rear of the house, as an addition to the 1987 addition. This 2010 addition included a third garage stall and extension of the existing screened porch above the second garage stall, built in 1987 (City of Stillwater 2010). As of 2013, the house’s chimney was brick and located on the ridgeline; this was likely the original chimney. It was replaced by a concrete block chimney located near the south corner of the original house between 2013-2015 (Google 2013; Microsoft 2015). In 2015, the roof shingles were replaced (City of Stillwater 2015). Due to dense tree cover, historical aerial photographs do not provide additional detail about the construction date of the tower on the northwest elevation or the pergola on the southeast elevation. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 6 Occupant History Nels Hanson lived on Broadway Street South since at least 1880 along with his wife, (Eva) Christeen, and their children, Louis (Edward), Mary, Ida, and Albert (U.S. Census Bureau 1880). Hanson was first listed at 615 Broadway Street South in the 1887 city directory (Barrett 1887:129). Hanson owned a meat market (Hanson & Co., later Hanson Meat Co.) at 234 Main Street South and later 306 Main Street South and 210 Main Street South, all of which appear to remain extant (Barrett 1887:129; Davison and Moore 1882:203; R.L. Polk & Co. 1904:124). The house was presumably built for Hanson, based on tract records at the Washington County Courthouse; however, original building permits are not on file at the City of Stillwater. Hanson moved to Stillwater in 1865 and opened his meat market in 1875. As of 1882, four individuals are listed in the city directory as employees of Hanson & Co. Hanson Meat Co. was one of five meat markets in Stillwater as of 1882, along with Kirchof & Weisel (later Fulton Meat Market), O’Neal Bros., Severance & Stone, and Isaac Staples (Davison and Moore 1882:203). Both Hanson and Staples independently owned several commercial blocks in Downtown Stillwater. Staples had arrived in the St. Croix River Valley in 1853 and organized a lumber company the following year, which became very successful. Staples’ meat market was open in Stillwater by 1871. The oldest butcher in Stillwater was John Illingworth, who began his career in 1855 (Neill 1881:579; The Saint Paul Globe, 28 June 1898:3; The Saint Paul Globe, 14 October 1898:8). By 1890, Hanson lived next door at 609 Broadway Street South. Martin M. Eldred, Benjamin S. Miller, and Elizabeth Miller (a dressmaker) were listed as residents at 615 Broadway Street South, which suggests that the property was occupied by boarders (R.L. Polk & Co. 1890:107, 131, 191). In 1892, John B. Hardy, a collector for F.J.R. Aiple resided at this address (R.L. Polk & Co. 1892:142). In 1894, Christian C. Behrens, a bookkeeper for F.J.R. Aiple resided at this address (R.L. Polk & Co. 1894:53). In 1896, Albert Bussiere, a bookkeeper for J.J. Eichten resided at this address, and Alma Ponath was a domestic servant for this address (R.L. Polk & Co. 1896:69, 211). According to the 1898 and 1900 city directories, Oscar A. Darbush (or A. Oscar Garbucsh), a clerk at Stillwater Hardware Co., resided at this address (R.L. Polk & Co. 1898:97; R.L. Polk & Co. 1900:113). However, the 1900 census indicates that John Corrigan, a foreman in a shoe shop, lived at the address with his wife, Sarah, their son, Charles, and Mary Luken, a domestic servant (U.S. Census Bureau 1900). By 1902, Louis E. Hanson (son of Nels Hanson) resided at this address and was a cutter at his father’s meat market (R.L. Polk & Co. 1902:125). By 1910, Louis was associated with his parents’ house at 609 Broadway Street South and Elmer, Mary, and Dorothy Reese rented 615 Broadway Street South (R.L. Polk & Co. 1910:112; U.S. Census Bureau 1910). In 1912, Frank F. Johnson, a travel agent, resided at this address (R.L. Polk & Co. 1912:110). Johnson rented this house until at least 1920, along with his wife, Mary, and their daughters, Mary and Jeanette (U.S. Census Bureau 1920). Louis (Edward) Hanson was the owner at the time, according to a historical building permit (City of Stillwater 1920). By 1927, Louis’ son, Howard, resided at the address and worked as a bookkeeper for Hanson Meat Co. (R.L. Polk & Co. 1927:65). Howard lived there with his wife, Margaret, and their children, Howard and Mary (U.S. Census Bureau 1930). Howard remained at 615 Broadway Street South into the 1940s, but by 1945, he was associated with 609 Broadway Street South. Earl Jones, an optometrist, resided at 615 Broadway Street South with his wife, Helen (R.L. Polk & Co. 1945:52, 62, 146). In 1948, George A. Sorenson lived at this address with his wife, Clara; George was employed at Grand Café and later the state prison in Bayport (R.L. Polk & Co. 1948:110, 147; R.L. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 7 Polk & Co. 1951:112; R.L. Polk & Co. 1954:108). Sorenson remained at this address through 1977 (City of Stillwater 1972; R.L. Polk & Co. 1977:38). In 1978, Terrence (Terry) and Sally Zoller resided at this address (R.L. Polk & Co. 1978:285). Sally worked as an appraiser for the County Assessor and Terry worked for the Minnesota Department of Transportation (R.L. Polk & Co. 1980:311; R.L. Polk & Co. 1985:325). The Zollers remained the owners until December 2018 when the home was purchased by Julie and Reid Miller (Edina Realty Title Inc. 2018). A “Stillwater Historic Homes Tour” brochure suggests that this house was built in 1870 and that Bing Crosby’s mother was born here; however, a biography about Bing Crosby indicates that his mother, Catherine Harrigan, was born in a boarding room above an old creamery, and lived in a large boardinghouse on Main Street in Stillwater and a house on Second Street before leaving the area (Giddins 2001; Rivertown Restoration 1984). Therefore, it appears that any association with Catherine Harrigan is incorrect. Significance This property was previously surveyed as part of an intensive National Register survey of the South Hill Stillwater Residential Area, which recommended a potential historic district in the west side of the South Hill neighborhood. Due to this property’s location in the east side of the South Hill neighborhood, it was not identified as potentially contributing to this potential historic district (Roberts 1996). Additionally, during this intensive National Register survey, this house was recommended not preliminarily eligible for listing in the NRHP (Zahn and Roberts 1996). This property was evaluated for local significance within the following historic context: “Development of Residential Neighborhoods in Stillwater, 1850-1940; Historical Context of the South Hill, 1850s-1940s” (Roberts 1996). According to Stillwater City Code, Section 22-7, Subd. 4, this property was evaluated for local significance under the following Heritage Preservation Site criteria: 1. Its character, interest or value as part of the development, heritage, or cultural characteristics of the City of Stillwater, State of Minnesota, or the United States. This property does not stand out within the history or development of Stillwater, the South Hill neighborhood, Minnesota, or the United States. Residential development began in Stillwater in the 1850s and approximately 50 residences were built in the South Hill neighborhood prior to the construction of this property in 1880. The house directly southeast at 623 Broadway Street South was built in 1875, the house directly northwest at 609 Broadway Street South was built in 1876, a house across the street and to the southwest at 604 Broadway Street South was built in 1875, and two other properties on this block of Broadway Street South between Locust Street East and Walnut Street East were built in 1870 at 603 and 620 Broadway Street South (Washington County 2019). It is also not a distinctive example of architecture within the South Hill neighborhood, which is known to exhibit a variety of popular architectural styles from the 1880s including Italianate, French Second Empire, and Queen Anne. Therefore, this property is not eligible under Criterion #1. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 8 2. Its location as a site of a significant historic event. According to local histories, this property is not known to have been the site of a significant historic event. Therefore, this property is not eligible under Criterion #2. 3. Its identification with a person or persons who significantly contributed to the culture and development of the City of Stillwater. The earliest known owner was Nels Hanson, a butcher and owner of Hanson Meat Co., who resided at this house in 1880 and remained for about 10 years before moving into the property next door at 609 Broadway Street South. Hanson was one of several meat market proprietors and commercial block owners in Stillwater in the 1880s and 1890s. However, his contributions within the commercial history and development of Stillwater do not appear to have gone above and beyond the contributions of other similar businessmen in Stillwater at the same time. The house was a rental property from 1890 to 1902, at which point Hanson’s son Louis resided here, who also worked at Hanson Meat Co. By 1910, Louis moved to the property next door at 609 Broadway Street South. It was again a rental property 1927 when Louis’ son Howard resided here. By 1945, Howard moved to the property next door at 609 Broadway Street South. George A. Sorenson resided here from 1948-1977, followed by Terence and Sally Zoller from 1978-2018, and Julie and Reid Miller starting in 2018. Although some of the occupants had significant tenures at this property, none of these individuals are known to be significant within the history, culture, or development of the City of Stillwater. Therefore, this property is not eligible under Criterion #3. 4. Its embodiment of distinguishing characteristics of an architectural style, period, form or treatment. This property retains some characteristics of the nineteenth century vernacular house style in Stillwater including its one-and-a-half-story height, gabled roof, minimal ornament, and vertically proportioned windows. However, the property has lost several characteristics of this architectural style due to later additions and alterations, including the enclosure of the porch; replacement of the original wood siding and wood shingles not-in kind; the replacement of original windows not in-kind; obstruction of the rectangular plan due to additions to the rear and southeast elevations; and removal of the central chimney. Therefore, this property does not retain sufficient distinguishing characteristics of nineteenth century vernacular houses to be exemplary of the style. Although the porch exhibits some characteristics of the Colonial Revival style, the rest of the house does not and there is no physical or historical evidence to indicate that the house was originally designed in the Colonial Revival style. Therefore, this property is not eligible under Criterion #4. 5. Its identification as work of an architectural or master builder whose individual work has influenced the development of the City of Stillwater. The architect and builder of this property are not known. Therefore, this property is not an example of the work of a master and accordingly, this property is not eligible under Criterion #5. 6. Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation. This property’s vernacular form by its nature does not exhibit significant elements of architectural design or detail, and therefore, it does not represent a significant architectural innovation. In addition, most of its Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 9 exterior materials have been replaced over time. The primary original materials that remain are the limestone foundation and the wood framing of the front porch. Therefore, this property does not represent significant use of materials or craftsmanship. Therefore, this property is not eligible under Criterion #6. 7. Its unique location, scale or other physical characteristic representing an established and familiar visual feature of a neighborhood, a district, the community, or the City of Stillwater. The scale of this property and its general physical characteristics do not stand out within the scale and physical characteristics of the South Hill neighborhood. However, this property does retain its original limestone foundation and features a limestone retaining wall parallel to the sidewalk and the driveway. These elements are indicative of older building stock and building element found in the South Hill neighborhood. Only this property and the property to the southeast at 623 Broadway Street South feature these walls. It is not known if the walls were removed elsewhere on the block; however, the existing topography suggests that such walls were not necessary in other nearby properties. There are other examples of limestone foundations and retaining walls in the South Hill neighborhood and they are considered more prominent attributes in the North Hill neighborhood, by comparison (Roberts 1995:46); Roberts 1996:40). As such, the limestone walls and foundation of this property do not represent a distinctive visual feature among the properties in the South Hill neighborhood or the City of Stillwater. Therefore, this property is not eligible under Criterion #7. Recommendation Because the Nels Hanson House does not meet any of the local Heritage Preservation Site criteria as an individual property, it is not recommended for individual designation as a heritage preservation site. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 10 Bibliography Barrett, E.F. 1887 Stillwater City Directory. E.F.Barrett, Stillwater, Minnesota. City of Stillwater 1920 Building Permit #1782. On file at Stillwater Building Inspection, Stillwater, Minnesota. 1972 Building Permit #2452. On file at Stillwater Building Inspection, Stillwater, Minnesota. 1981 Building Permit #5494. On file at Stillwater Building Inspection, Stillwater, Minnesota. 1987a Building Permit #7753. On file at Stillwater Building Inspection, Stillwater, Minnesota. 1987b Building Permit #7885. On file at Stillwater Building Inspection, Stillwater, Minnesota. 1996 Building Permit #12169. On file at Stillwater Building Inspection, Stillwater, Minnesota. 2010 Building Permit #2010-00215. On file at Stillwater Building Inspection, Stillwater, Minnesota. 2015 Building Permit #2015-00187. On file at Stillwater Building Inspection, Stillwater, Minnesota. Davison, C. Wright, and Anson J. Moore 1882 Stillwater City Directory for 1882-83. Johnson, Smith & Harrison, Printers, Minneapolis, Minnesota. Edina Realty Title Inc. 2018 Warranty Deed e-CRV No. 907968. On file at Washington County Government Center, Stillwater, Minnesota. Giddins, Gary 2001 Bing Crosby: A Pocketful of Dreams. The Early Year 1903-1940. Electronic document, https://archive.nytimes.com/www.nytimes.com/books/first/g/giddins-crosby.html, accessed May 14, 2019. Google 2013 Street View. Electronic document, http://maps.google.com, accessed May 14, 2019. Microsoft 2015 Streetside View. Electronic document, https://www.bing.com/maps, accessed May 14, 2019. National Environmental Title Research, LLC [NETR] Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 11 1949 Historical Aerial Photograph, Washington County, Minnesota. Electronic document, http://historicaerials.com/, accessed May 14, 2019. 1966 Historical Aerial Photograph, Washington County, Minnesota. Electronic document, http://historicaerials.com/, accessed May 14, 2019. Neill, Edward D. 1881 History of Washington County and the St. Croix Valley. North Star Publishing Company, Minneapolis, Minnesota. R.L. Polk & Co. 1890 Stillwater City Directory 1890-91. R.L. Polk & Co., St. Paul, Minnesota. 1892 Stillwater City Directory 1892-93. R.L. Polk & Co., St. Paul, Minnesota. 1894 Stillwater City Directory 1894-95. R.L. Polk & Co., St. Paul, Minnesota. 1896 Stillwater City Directory 1896-97. R.L. Polk & Co., St. Paul, Minnesota. 1898 Stillwater City Directory 1898-99. R.L. Polk & Co., St. Paul, Minnesota. 1900 Stillwater City Directory 1900-01. R.L. Polk & Co., St. Paul, Minnesota. 1902 Stillwater City Directory 1902-03. R.L. Polk & Co., St. Paul, Minnesota. 1904 Stillwater City Directory 1904-05. R.L. Polk & Co., St. Paul, Minnesota. 1910 Stillwater City Directory 1910-11. R.L. Polk & Co., St. Paul, Minnesota. 1912 Stillwater City Directory 1912-1913. R.L. Polk & Co., St. Paul, Minnesota. 1927 Stillwater City Directory 1927-1928. R.L. Polk & Co., St. Paul, Minnesota. 1945 Stillwater (Washington County, Minn.) City Directory 1945. R.L. Polk & Co., St. Paul, Minnesota. 1948 Stillwater (Washington County, Minn.) City Directory 1948. R.L. Polk & Co., St. Paul, Minnesota. 1951 Stillwater (Washington County, Minn.) City Directory 1951. R.L. Polk & Co., St. Paul, Minnesota. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 12 1954 Stillwater (Washington County, Minn.) City Directory 1954. R.L. Polk & Co., St. Paul, Minnesota. 1977 1977 Stillwater (Washington County, Minn.) City Directory. R.L. Polk & Co., Kansas City, Missouri. 1978 1978 Stillwater (Washington County, Minn.) City Directory. R.L. Polk & Co., Kansas City, Missouri. 1980 1980 Stillwater (Washington County, Minn.) City Directory. R.L. Polk & Co., Kansas City, Missouri. 1985 1985 Stillwater Minnesota City Directory. R.L. Polk & Co., Kansas City, Missouri. Rivertown Restoration 1984 “Stillwater Historic Homes Tour” brochure. On file at the Stillwater Public Library, Stillwater, Minnesota. Roberts, Norene 1995 North Hill (Original Town) Stillwater Residential Area, Stillwater, Washington County, Minnesota. Prepared for the City of Stillwater Heritage Preservation Commission. On file at the Minnesota State Historic Preservation Office, St. Paul, Minnesota. 1996 Final Survey Report for the South Hill Stillwater Residential Area, Stillwater, Washington County, Minnesota. Prepared for the City of Stillwater Heritage Preservation Commission. On file at the Minnesota State Historic Preservation Office, St. Paul, Minnesota. Saint Paul Globe, The [Saint Paul, Minnesota] 1898 “Isaac Staples Dead.” 28 June:3. St. Paul, Minnesota. 1903 “Stillwater.” 14 October:8. St. Paul, Minnesota. Sanborn Map Company 1898 Fire Insurance Map of Stillwater, Minnesota. Sanborn Map Company, New York, New York. 1910 Fire Insurance Map of Stillwater, Minnesota. Sanborn Map Company, New York, New York. 1924 Fire Insurance Map of Stillwater, Minnesota. Sanborn Map Company, New York, New York. Stillwater Heritage Preservation Commission [Stillwater HPC] 2013 Stillwater, Minnesota: Preserving Historic Neighborhoods. On file at the Minnesota State Historic Preservation Office, St. Paul, Minnesota. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 13 U.S. Census Bureau 1880 U.S. Federal Census. Electronic document, http://www.ancestry.com, accessed May 3, 2019. 1900 U.S. Federal Census. Electronic document, http://www.ancestry.com, accessed May 3, 2019. 1910 U.S. Federal Census. Electronic document, http://www.ancestry.com, accessed May 3, 2019. 1920 U.S. Federal Census. Electronic document, http://www.ancestry.com, accessed May 3, 2019. 1930 U.S. Federal Census. Electronic document, http://www.ancestry.com, accessed May 3, 2019. 1940 U.S. Federal Census. Electronic document, http://www.ancestry.com, accessed May 3, 2019. Washington County 2019 Property Viewer. Electronic document, http://maps.co.washington.mn.us/propertyviewer/, accessed May 13, 2019. Washington County Courthouse n.d. Stillwater tract book. On file at the Washington County Courthouse, Stillwater, Minnesota. Zahn, Thomas R., and Norene Roberts 1996 City of Stillwater Architectural-History Inventory Form: WA-SWC-024. On file at the Minnesota State Historic Preservation Office, St. Paul, Minnesota. Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 14 Photographs Figure 1. House, Facing East-Northeast Figure 2. House, Facing East Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 15 Figure 3. House, Facing Northeast Figure 4. House, Facing Northeast Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 16 Figure 5. House, Southeast Elevation, Facing Northeast Figure 6. House, Northeast Elevation, Facing Southwest (HPC Staff Report: Case No. 2019-03, Prepared by Abbi Jo Wittman, City Planner, City of Stillwater, March 20, 2019) Nels Hanson House Historic Site Designation Form Continuation Sheet 106 Group | 17 Figure 7. House, Northwest Elevation, Facing East WA-SWC-024 Map 1 Nels Hanson House 615 Broadway Street South Stillwater, Minnesota E Walnut StE Walnut St E Locust StE Locust StBroadway S t SBroadway S t S ¬«36 Map Produced by 106 Group 5/14/2019Source: 106 Group; MnDOT; Washington County 0 30 Meters 0 80 Feet [1:1,500 Service Layer Credits: Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), MapmyIndia,© OpenStreetMap contributors, and the GIS User Community ^_ WA-SWC-024 Inventoried Property *Property boundary based on Washington County 2018 Parcel data PLANNING REPORT TO: City Council CASE NO.: HPC 2019-09 REPORT DATE: May 30, 2019 MEETING DATE: June 4, 2019 APPLICANT: Jim Barton, Barton Construction Services LANDOWNER: Daniel and Allison Boblit REQUEST: Consideration of a Demolition Designation Study for an accessory structure LOCATION: 116 Harriet Street North ZONING: RA, Single-Family Residential REPORT BY: Abbi Jo Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION Dan and Allison Boblit would like to demolish their two-car garage and replace it with a similarly-size, three car garage. At their May 15, 2019 meeting, the Stillwater Heritage Preservation Commission denied the demolition of the accessory structure on the property located at 114 Harriet Street North, historically known as the David Swain house. The HPC’s denial is on the basis the structure is a historic resource and there are feasible alternatives to demolition. SPECIFIC REQUEST The Heritage Preservation Commission is requesting the Council’s authorization of a Demolition Designation Study for the accessory structure located on the property at 116 Harriet Street North. Street View (Google Images – August, 2013) HPC Case no. 2019-09 Page 2 ANALYSIS The residence at 116 Harriet Street North was built by David Swain in 1877. Swain was a prominent steamboat builder and captain, owner of the local Marine Engine Works, where he manufactured marine engines and parts, and builder of the steam engine used to swing the pontoon open on the first (1876) bridge across the St. Croix River at Stillwater. As noted in the HPC staff report, the Greeley Addition Historic Preservation Planning Area Report (Report) indicates Swain was probably the wealthiest individual to live in this neighborhood. The residence was also home of the Hooley family, prominent Stillwater grocers. This structure is not proposed for demolition. The circa 1918 outbuilding, now used as a private garage, was constructed by David Swain during the Development of Residential Neighborhoods (1850s – 1940s) Historic Context period. While the HPC report indicates “it can be assumed Swain constructed steam engines in this structure,” historical narratives indicate Swain built the “storehouse and workshop” “to house his steamboat patterns and parts” but, within the month after building permit issuance, David Swain died. The property owners have indicated the garage’s second story contains steamboat parts. The Report includes a Bird’s Eye View of the west north hill in 1879; a large outbuilding appears to be shown on the rendering in the location of the existing structure. Furthermore, the (approximately) 900 square foot garage appears to be in the same configuration as a similar structure was is shown on the 1904 Sanborn Fire Insurance Map. However, neither of those structures were this specific building. Although the interior lumber is dimensional, several boards are stamped with “Gould LBR CO. Seattle, Wash”. There is a sag in the loft floor, a sistered cross beam, and the support poles are starting to rot. The exterior paint, determined to be lead, is peeling from the structure. Applicable Regulations 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. The purpose of the designation study (a $5,000 cost that the City must pay) is for a historian to investigate whether there is sufficient historical value in a structure to merit designating the property as a local heritage preservation site. The City Code further indicates “If the city council does not approve the preparation of the designation study within 30 days of the commission determination…then the building official shall issue the demolition permit”. Public Comment The City has received no public comment regarding this demolition request. POSSIBLE ACTIONS The City Council has the following options: A. Approve the preparation of the Demolition Designation Study. HPC Case no. 2019-09 Page 3 B. Deny the preparation of the Demolition Designation Study and authorize the demolition of the accessory structure. FINDINGS AND RECOMMENDATION Staff recommends the Council take action on the request. Attachments: Site Location Map May 15, 2019 Draft HPC Minutes May 2019 HPC Staff Report Applicant Submission Architecture-History Inventory Form Building Permit No. 1683 The Swain-Hooley House cc: Jim Barton Dan and Allison Boblit NORTH HARRIET STREETNORTH MARTHA STREETWEST SOUTH SI XTH STREETJEANNIE STREETM Y R T L E S T R E E T 114 215 415 116 516 115 233 216 315 410 105 116 216 418 310 108 121 225 201 424 321 517 320 224 216 1320 112 102 108 104 118 513 426 121 507513 503 226 219 215 212 207 208 122 517 209 108 202201 125 126 122 102 115 112 332 330 µ 0 170 34085Feet General Site Location Site Location 116 Harriet St N ^ Te xt HERITAGE PRESERVATION COMMISSION MEETING May 15, 2019 7:00 P.M. Chairman Larson called the meeting to order at 7:00 p.m. Present: Chairman Larson, Commissioners Finwall, Krakowski, Mino, Steinwall, Walls, Council Representative Junker Absent: None Staff: City Planner Wittman Commissioners Shann Finwall and Ken Walls introduced themselves. ELECTION OF OFFICERS Motion by Chairman Larson, seconded by Commissioner Steinwall, to elect Commissioner Mino as Chair. All in favor, 6-0. Motion by Commissioner Larson, seconded by Chair Mino, to elect Commissioner Steinwall as Vice Chair. All in favor, 6-0. Commissioner Steinwall thanked Commissioner Larson for his service as chair. APPROVAL OF MINUTES Possible approval of minutes of April 3, 2019 and April 17, 2019 Motion by Commissioner Larson, seconded by Commissioner Steinwall, to approve the minutes of the April 3, 2019 and the April 17, 2019 meeting. All in favor, 4-0-2 with Commissioners Finwall and Walls abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. 2019-08: Consideration of a Site Alteration Permit for new business signage for the property located at 229 Main Street South in the Downtown Design Review District. Jeff Anderson, property owner and Kelli Kaufer, applicant. Motion by Commissioner Krakowski, seconded by Commissioner Walls, to adopt the Consent Agenda. All in favor, 6-0. PUBLIC HEARING Case No. 2019-09: Consideration of a Demolition Permit for the garage located at 116 Harriet Street North in the Neighborhood Conservation District. Daniel and Allison Boblit, property owners and Jim Barton, applicant. City Planner Wittman explained the case. The applicant is requesting a demolition permit for the garage located at 116 Harriet Street North in order to build a three-car garage. Due to the location, the future garage will require a variance from the Planning Commission. The approximately 900 square foot garage appears to be in the same configuration as the 1904 Sanborn Fire Insurance Map. Although the interior lumber is dimensional, several boards are stamped with “Gould LBR CO. Seattle, Wash.” There is a sag in the loft floor, a sistered cross beam, and the support poles are starting to rot. The exterior paint, determined to be lead, is peeling. On a March 18 site inspection by Building Official Cindy Shilts and Ms. Wittman, the Heritage Preservation Commission Meeting May 15, 2019 Page 2 of 3 structure was determined to be in fair to good condition. The existing structure could be repaired. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated because of one of the following: a) The character, interest or value as part of the development heritage or cultural characteristics of the city, state or county. b) The location as a site of a significant historic event. c) The identification with a person or persons who significantly contributed to the city's culture and development. d) The embodiment of distinguishing characteristics of an architectural style, period, form or treatment. e) The identification as work of an architect or master builder whose individual work influenced the city's development. f) The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. g) The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. Thus, as required by the demolition ordinance, the application is before the HPC for review and consideration. The Commission must first determine if the structure is a historic resource and, if so, if it is worthy of designation. Allison Boblit, applicant, pointed out the work they have done on the house since 2014 shows their dedication to maintaining the historic look of the home. The garage is presently more of an eyesore than an architectural feature. They would like to build a more beautiful and functional garage. Dan Boblit, applicant, added that they want to add a third stall to get their car off the street. Chair Mino opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Finwall asked the applicants if they considered adding onto the existing garage. Mr. Boblit replied there are many things that would need to be replaced from siding to trusses sagging to garage doors and a cracked floor. Mrs. Boblit added it would cost as much or more to repair everything. They would like to get a third stall. Commissioner Larson explained that in the Conservation District a property owner may add onto or alter a structure without coming to the HPC, but demolitions do come to the HPC and restrictions are tight. Whether a structure has spectacular architecture does not matter, only whether it has historic significance. It may be preferable to have a new structure, but it seems that it is feasible to repair it. Chair Mino asked, what was the structure originally? City Planner Wittman replied it is assumed, but not known for sure, that it was Mr. Swain’s workshop. The garage doors have been altered slightly. At one time there was supposedly a pulley lift system in the floor that would lift things into the attic but it is unclear whether that was part of this structure. Commissioner Larson questioned, if it was built at the peak of the local lumber industry, why was the lumber was imported from Seattle? This makes him question whether this was the original building. Commissioner Finwall acknowledged that its historic significance could be its construction by a person contributing to the history of Stillwater. An addition appears to be feasible. Mrs. Boblit replied she doesn’t think they could do an addition and stay under the square footage restriction. City Planner Wittman explained the existing garage is 916 square feet and the proposed new garage would be 994 square feet. A challenge is how to add a third stall and still maintain the integrity of structure. The depth of the structure is almost 30 feet and a stall is about 10 feet wide, so they could not add another stall and still be under the maximum square footage according to zoning code. Motion by Commissioner Larson, seconded by Commissioner Steinwall, to deny a demolition permit for the garage located at 116 Harriet Street North, Case No. 2019-09, and to forward to the City Council a determination that the the structure is a historic resource and there is a feasible alternative to demolition. All in favor, 6-0. Case No. 2019-11: Consideration of a new infill residence for the property located on XXX William Street North in the RB district. Mulcahy Holdings, property owner and Paul Bruggeman, applicant. Heritage Preservation Commission Meeting May 15, 2019 Page 3 of 3 City Planner Wittman stated that the applicant is requesting a permit to construct a two and a half story, one- family residence at XXX William Street North, a lot in the Neighborhood Conservation District. The proposed house will measure approximately 22’ wide by 48’ deep and will contain a 6’ deep front porch and an attached 24X32’ garage. A 12/6 gable will run parallel with the front lot line. It will contain a 10/12 pitch projection that will not rise to the primary gable. The front gable area will contain a 6’ porch with a 4/12 pitch roof. LP lap siding, to extend to the grade level, and aluminum soffit and fascia is proposed on all four sides; LP board and batten will be located on the front of the home, above the porch and on the garage, to add visual interest. Double hung windows are proposed for the front and sides of the home; the rear will have slightly wider windows. All windows and trim boards will be 1X4” LP Smart Siding. Asphalt shingles are proposed. Staff recommends approval with ten conditions. Paul Bruggeman offered to answer questions. Chair Mino opened the public hearing. Jean Heinrichs (no address given), who lives south of the vacant lot, expressed concerns about disruption that will be caused by construction and the amount of rotten and dead wood at the back of the lot drawing carpenter ants. Chair Mino closed the public hearing. Mr. Bruggeman stated the trees at the back of the lot are not desirable trees and they will be removed. Commissioner Finwall suggested adding a condition requiring removal of the dead trees along the lot line. Commissioner Larson suggested that the contractor ensure that the swale directs runoff as shown toward the street as opposed to the property to the south which sometimes is a concern with new construction. Commissioner Finwall said she likes the look of the structure, but the three car garage wider than the house is off-putting. She asked if the applicant considered stepping it back. Mr. Bruggeman replied he could step the garage back. Another idea is to jog the driveway back or put a window in the garage roof to break up the massing. Commissioner Larson remarked a window dormer centered over the double garage door would help. Commissioner Steinwall asked if the applicant considered side-loading the garage. Mr. Bruggeman responded side-loading the garage was considered but it would be too tight. Commissioner Larson stated the pattern of vertical versus horizontal does not follow all the way around the structure. He suggested the use of vertical board and batten on the garage to achieve four-sided design. Mr. Bruggeman said he could run the board and batten around the other two sides of the garage. Commissioner Finwall suggested adding a condition that the color of the house be consistent with the surrounding neighborhood. Motion by Commissioner Larson, seconded by Commissioner Walls, to approve Case No. 2019-11, a new infill residence for the property located on XXX Williams Street North, with the ten conditions recommended by staff, adding Condition #11 stating “The vertical board and batten shall be extended around all three sides of the garage” and Condition #12, “The vertical board and batten shall be added to the north and south façade gable above the window line” and Condition #13, “A proportional shed dormer shall be added onto the garage” and Condition #14, “The color of the home shall follow the spirit and intent of the Neighborhood Conservation District Design Guidelines.” All in favor, 6-0. NEW BUSINESS Case No. 2019-06: Consideration of a Site Alteration Permit for a master sign plan and exterior modifications for the property located at 123 2nd Street North in the Downtown Design Review district. Judd Sather, property owner and Sara Jespersen, applicant. Heritage Preservation Commission Meeting May 15, 2019 Page 4 of 3 Ms. Wittman stated the applicant is requesting approval of façade improvements and signage at 123 Second Street North, a contributing building in the Stillwater Commercial Historic District. The request includes: removal of the existing wooden bi-fold doors and replacement with a painted black wood and glass entry door system with gold accents; removal of the arches iron over the entrance and installation of it below the existing awning; installation of iron grates on the first floor windows on the north façade; installation of a 30’ diameter wooden sign above the new storefront entry. The sign will read “The Lumberjack Axe Throwing Bar” in burnt circle with corresponding sign plan; installation of a gas fireplace on the interior of the building, requiring an exterior vent on the east side facade; and installation of new mechanical equipment on the south side of the building in the existing patio area, screened to the west with a 10’ rockface wall and an 8’ chainlink fence. Staff finds the most of the proposed alterations are consistent with the guidelines and recommends approval of the wooden storefront, signage, decorative arched ironwork, awning repairs and painting, as well as all mechanical installations, with seven conditions. However, staff recommends denial of the installation of iron grates on a portion of the building’s windows. Councilmember Junker asked what is the purpose of the iron grates on the lower level. Reagan Nix, Blue Pencil Collective, replied the purpose is building security and protection of the windows. Commissioner Larson asked about the mechanical area, what is there now and what will be new. Judd Sather, applicant, replied the transformer is existing. The the generator will be removed from the interior of the building to the outside, in an enclosure. Councilmember Junker remarked that the alley looks bad. Restaurants on the east side of the alley need to cooperate as Mr. Sather does. There are plans to repave the alley but the City needs cooperation from business owners. Mr. Sather said he is looking at solutions to make the alley a little more walkable. Commissioner Finwall asked if there is an alternative to the grates on the windows for security. Mr. Sather said he is open to suggestions. The windows don’t currently have storm windows and it would be easy to break into the building. Commissioner Larson said adding storm windows would be one alternative. Motion by Commissioner Steinwall, seconded by Commissioner Larson, to approve Case No. 2019-06, site Alteration Permit for a master sign plan and exterior modifications for the property located at 123 2nd Street North, with the seven conditions recommended by staff. All in favor, 6-0. Case No. 2019-07: Consideration of a Site Alteration Permit for new siding and railings for the property located at 126 Main Street North in the Downtown Design Review District. Murray and Heidi McAllister, property owners. Ms. Wittman stated the applicants are requesting approval of façade improvements at 126 Main Street North, a contributing building in the Stillwater Commercial Historic District. The request includes: replace all north elevation doors with a two-paneled solid door painted dark bronze; back addition modifications to include repair and painting of stucco or replacement with bronze board and batten steel; construction of a new rooftop access, sided in bronze colored board and batten steel with French doors; installation of a black metal and steel cable roof railing system; and installation of glass block on a rear window. Staff finds the proposed alterations are consistent with the guidelines and recommends approval with three conditions. Heidi McAllister, applicant, stated there used to be three apartments in the building, now there will be two. Access doors on the north side have original transom windows in the arches which will be retained but the combination screen/storm doors that are all different will be replaced with a consistent style door. She requested feedback on how to improve the overall look of the building. The stucco is in relatively good shape but the paint is inconsistent in places. They may paint it a color more in keeping with the brick. Heritage Preservation Commission Meeting May 15, 2019 Page 5 of 3 Motion by Commissioner Steinwall, seconded by Commissioner Krakowski, to approve Case No. 2019-07, Site Alteration Permit for new siding and railings for the property located at 126 Main Street North, with the three conditions recommended by staff. All in favor, 6-0. Case No. 2019-10: Consideration of a Design Permit for store front remodel for the property located at 225 2nd Street North in the Downtown Design Review District. Ann Engstrum, property owner. Ms. Wittman stated the applicant is requesting approval of the storefront alteration of the structure located at 225 2nd Street North. The request includes: siding below each window with LP Smartside in mahogany lap; siding the columns on each side of the door, as well as above all windows and doors, with vertical LP Smartside in onyx; siding the corners with Versetta stone with the Mission Point color; restaining the building canopy and door to match the mahogany lap; replacement of flush-mounted under-canopy lights; and updating the existing signage. Staff recommends approval with two conditions. Ann Engstrum, applicant, said the new signage will be in the same location and the same size but a different look. This is a one-sided facelift because the building is surrounded by the Crosby hotel, parking ramp, and another building. They are doing the facelift because they have lost a lot of tenants and need curb appeal. She provided samples of the materials to be used. Councilmember Junker agreed the building needs a facelift. However the proposal looks very different from the other brick buildings. The wood siding gives it the feel of a rambler home. Ms. Engstrum said they are avoiding brick because they don’t want the building to look like it is part of the Crosby Hotel complex. Commissioner Larson remarked he appreciates the need to update the look of the building. The Design Guidelines point in the direction of relating to the context of other buildings, not doing something completely different. He finds this a struggle because this is a contemporary building. Everything else on the street is brick and stone except for the Rivertown Commons building. The wood siding feels out of place. Ms. Engstrum asked if the HPC would prefer board and batten like the building on Third Street which is the building she modeled this after. Commissioner Larson replied that the nichiha siding on the building on Third Street is not lapped and looks less residential. He suggested using a thin brick that adheres right to the wall with some stone accents. Commissioner Steinwall disagreed that the guidelines push a modern building to look old. She doesn’t feel the HPC is compelled to suggest this building be resided in thin brick. The guidelines advise that buildings should be recognized as products of their own time. Commissioner Larson agreed it should not be made to look old but brick is compatible with existing buildings. There are other materials that could make it compatible. Ms. Engstrum said she is opposed to all brick. She really wants a modern look to match the building style. Chair Mino recognized there is already a lot of brick on the street and this is a modern building. She likes the way it looks as proposed. Commissioner Finwall said she appreciates the applicant trying to dress it up, but a lot more could be done to celebrate the modern feel of the building, for instance making the door and windows more appealing. She suggested looking at metal siding. Ms. Engstrum replied she considered metal siding for where the vertical siding was going to go, but there was a problem with sizing because it was going to go above the windows. Commissioner Larson said vertical black under the windows would be better. He is concerned with how the materials turn corners. The edge should be finished at the corner rather than a sawed raw edge. He suggested using board and batten in a dark color, with the stone on the corners as proposed. Heritage Preservation Commission Meeting May 15, 2019 Page 6 of 3 Ms. Engstrum said she would be open to that. They originally wanted to use board and batten. The wood front fascia board needs to be repainted. The window trim on the north side would be painted onyx. The rest of the building needs to be repainted but they have not decided on a color. Motion by Commissioner Finwall, seconded by Commissioner Steinwall, to approve Case No. 2019-10, Design Permit for store front remodel for the property located at 225 2nd Street North, adding Condition #3, “All vertical mahogany LP siding shall be replaced with LP board and batten style siding in onyx” and Condition #4, “Fine design elements of the stone siding and siding trim shall be reviewed by staff” and Condition #5, “The sign plan shall be reviewed by staff.” All in favor, 6-0. OTHER DISCUSSION ITEMS HPC Ordinances and Design Guidelines In response to a previous question from Commissioner Larson, City Planner Wittman said if there is not a condition of approval specifically tied to an item, for instance color, then it is not enforceable. There was a question about lighting downtown. City Attorney Land said there are no specific lighting ordinances, only guidelines. A business had an awning that was approved by the Commission but the awning did not include lighting so Ms. Wittman advised the property owner they would have to either amend their permit or remove the lighting. The City has standards and guidelines. Guidelines “should” and standards “shall” be followed. FYI Annual Training Program Ms. Wittman requested the Commissioners attend a new training program for all Boards and Commissions members on Thursday, June 6, 2019, 6 p.m. in the Council Chambers presented by City Attorney Land. Washington County Historical Society Commission Representative Ms. Wittman stated the Washington County Historical Society (WCHS) named Matt Thueson as the WCHS representative to the HPC. He will join the Commission after he is appointed by the City Council. National Preservation Month Ms. Wittman reminded the Commission that Tuesday May 21, the Preservation Awards will be given at the City Council meeting. ADJOURNMENT Motion by Commissioner Steinwall, seconded by Commissioner Krakowski to adjourn. All in favor, 6-0. The meeting was adjourned at 10:03 p.m. Respectfully Submitted, Julie Kink, Recording Secretary HERITAGE PRESERVATION COMMISSION MEETING DATE: May 15, 2019 CASE NO.: 2019-09 APPLICANT: Jim Barton of Barton Construction Services representing Dan and Alison Boblit, property owners REQUEST: Demolition request for a pre-1945 garage located at 116 Harriet Street North ZONING: RB-Two Family COMP PLAN DISTRICT: Low/Medium Density Residential PREPARED BY: Abbi Jo Wittman, City Planner REQUEST AND STRUCTURAL CONDITIONS The applicant is requesting a demolition permit for the garage located at 116 Harriet Street North in order to have a modern three-car garage. Do to the location, the future garage will require a variance from the City’s Planning Commission. The (approximately) 900 square foot garage appears to be in the same configuration as the 1904 Sanborn Fire Insurance Map. Although the interior lumber is dimensional, several boards are stamped with “Gould LBR CO. Seattle, Wash”. There is a sag in the loft floor, a sistered cross beam, and the support poles are starting to rot. The exterior paint, determined to be lead, is peeling from the structure. PROPERTY HISTORY According to the Greeley Addition Historic Preservation Planning Area Report, the property was developed by David Swain, a machinist and builder of stream engines. The report indicates “Swai was one of the most affluent residents of the area. It 1884 his personal property was listed at $4,375.” The study included a Bird’s Eye View of the west north hill in 1879. Swain’s garage appears to be shown on the rendering. Street View (Google Images – August, 2013) 116 Harriet Street North HPC Case No. 2019-06 Page 2 The report further accounts Swain “built stream engines, many of which were used in the steamboats plying the river trade. Swain also constructed the steam engine used to swing the pontoon open on the first (1876) bridge across the St. Croix River at Stillwater”. It can be assumed Swain constructed steam engines in this structure. STAFF REVIEW On a March 18 site inspection by Building Official Cindy Shilts and I, the structure was determined to be in fair to good condition. The existing structure could be repaired. Based on the review of the property and associated records, staff made a determination that the property could potentially be locally designated because of one of the following: a) The character, interest or value as part of the development heritage or cultural characteristics of the city, state or county. b) The location as a site of a significant historic event. c) The identification with a person or persons who significantly contributed to the city's culture and development. d) The embodiment of distinguishing characteristics of an architectural style, period, form or treatment. e) The identification as work of an architect or master builder whose individual work has influenced the city's development. 116 Harriet Street North HPC Case No. 2019-06 Page 3 f) The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. g) The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. Thus, as required by the demolition ordinance, the application is being forwarded to the HPC for review and consideration. APPLICABLE STANDARDS AND REGULATIONS Chapter 34, Building Demolition¸ of the municipal code outlines the community development director shall review the permit, conduct an on-site visit of the property with the applicant, make … determinations, and take the associated action. For a historic resource, the Commission must decide on one of the following: (i) Negative finding. If the commission finds that the property is not a historic resource, then the commission shall notify the building official that a demolition permit may be issued. (ii) Positive finding with no feasible alternative to demolition. If the commission finds that the property is historically significant or a historic resource, but that there is no feasible alternative to demolition, then the commission shall notify the building official that a demolition permit shall be issued. (iii) Positive finding with feasible alternative to demolition. If the commission finds that the property is historically significant or a historic resource, and that there is a 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. 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. 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. 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 potential historic district to allow parties interested in preserving the historic resource a reasonable opportunity to act to protect it. COMMISSION ALTERNATIVES CERTIFICATE OF SURVEY TRUSTEE'S DEED, Document No. 4012925 EXHIBIT A Lots One (1 ), Two (2), Three (3) and Four (4) of Block Eight (8), Thompson, Parker & Mower's Second Addition to Stillwater, Washington County, Minnesota. LOTS 1, 2, 3 AND 4, BLOCK S, ALSO FA~T OF VACATED NORTl-l 1-lOLCOMBE STREET, Tl-lOMPSON PARKER AND MOWERS 2ND ADDITION, CITY OF STILLWATER, WASl-llNGTON COUNTY, MINNESOTA. NOTE FOR "A", "B" and "C" Found previously set 1/2 inch inside diameter iron pipe monument marked by a plastic cap inscribed with ANEZ RLS 13775. Total area of parcel = 33,809 square feet -0. 776 acres These monuments have been disturbed due to the hilt eroding and are approximately 0.5 feet from the location as previously set. J i EXISTING COVERED AREA (SQUARE FEET) Existing Garage Existing House Existing Decks Existing Driveway Existing flagstone Walkways Existing Gravel Path Existing Patios Existing Brick Walkways Existing Stone Wafts/Borders TOTAL EXISTING COVERAGE 916 2041 627 198 138 340 735 435 509 5939 PROPOSED COVERED AREA (SQUARE FEET) Proposed Garage Existing House Existing Decks Proposed Driveway Existing flagstone Walkways Existing Gravel Path Existing Patios Existing Brick Walkways Existing Stone Watts/Borders 994 2041 627 430 138 340 735 435 509 TOTAL PROPOSED COVERAGE 6249 V L 0 ,l! '-:, "' "' :, 0 .s E .2 :;, O Benchmark; Top of manhole cover, elevation is 884.4 feet. catch basin = LO co 0 0 -0 z BB}t -- 0 L() tO ("l () wrought iron / .. fence 892 _ 1 X - Area of parcel not including slopes greater than 25% = 22,250 square feet -0.511 acres ~ ' 0 (0 WEST bituminous surface a 0-, oO X 890.7 LOT 4 concrete curb and gutter-----~~ deck House RICE No new monuments were set at these locations. STREET wrought iron :----fence LOT I LOT 3 I ,., -,- 1 I I 1 "'--.__. I r· ., " ' 0 I!) -----133 . 45 ---- ,---··----------------------6 0 ---------------------------, wood fence along and near this line -5B~0 J5 15GJ 11 W wr ought iron fence along and near this line t '----north tine N1/2 SE1/4 -NE1/4 -SW1/4 SURVEY PREPARED BY: Landmark Surveying, Inc. 21070 Olinda Trail North -P.O. Box 65 Scandia, Minnesota 55073 Office number: 651-433-3421 LEGEND Orientation of the bearing system is based on the Washington County Coordinate System, South Zone, 1927 adjustment. Distances are in feet and decimals of a foot. Contours are at two foot intervals and are based on the N,A. V.D. 1988 adjustment. They were downloaded from the Minnesota Department of Natural Resources website. 0 Denotes a found previously set 1/2 inch inside diameter iron pip·e monument marked by a plastic cap inscribed with ANEZ RLS 13775. Unless otherwise noted. X 887.1 0 fl. I ;1 I ,.. , I\ I I / / I \I I / .£ _ ,,..._ r-;1 I f ...... 1--I / / ,.J L-I/ -t .... ' '' / >, t.lr-,A II 1\11--I// I 'f L-I/ -t -,-,.., ,., t. I < I I I\ I ,.-' \ A I ;1 / I ', \I\/ I / I .... ,,J ' ' I / -t r .. r -,. "' -1-1 ,. "' .. 1 ...... I--I l I I I I \ I ..._,,J L-.._.., I I '-"" I 'f 4 -...... / '-., '-., I 'f / r" / '\ I'-.. \ A I ... < / I I \/\/ ,,,_ .... ..,,, Denotes proposed 37.0 ft. by 27.5 ft. garage. Denotes brick walkway. Denotes existing building. Denotes location and elevation of field measurement. Denotes flagstone. Denotes top of 25% slope. . t:"": EXISTING GARAGE 91 6 square feet. Northw est corner is 15.6 feet east o f west lot line. Northwest corner is 8. 0 feet sou th · o f north tot tine. Southwest corner is 15.3 feet east of west tot tine. Northeast corner is 8.2 feet south of north tot tine. NOTE PROPOSED GARAGE 994 square feet. Northwest corner is 15. 7 feet east of west lot line. Northwest corner is 11. 7 feet south of north tot Une. Southwest corner is 15.3 feet east of west tot tine. Northeast corner is 12.1 feet south of north lot tine. North watt of proposed garage has a 1.0 foot bump-out for middle stat/. Northwest comer o f bump-out is 10. 7 feet south of north tot fine. Northeast corner of bump-out is 11. 1 feet south of north tot tine. it-· BOUNDARY $ TOPOGRAPl-llC SURVEY PREPARED FOR: DANIEL L , AN D AL LISON L. BOBLIT 116 North Harriet Street, Stillwater, Minnesota 55082 Previously found stone monument, position determined from CIC Plat No. 303 0 a, ,i <O Ill J'.l Ill ' Ill r 0 0 U) ,, 1 ' s --, / ·-- I ;-- __ J ' ' \ '' I SCALE IN FEET , I 0 10 20 I LO LO co (J 0 0, '<I' <.D w LO ~ LO ' >-- ' --, / ·-- ' __ / ,-, '-' r ' ... _ ... , LO 0 --------/ 8----- SCALE : 1 INCH = 20 FEET /' ,, / I <. I --,/-{ .. ~ ... f '·: \..,_ ' l ) ' ~ -----------Found iron pipe with cxi I plastic cap inscribed / ~ Ill <O Ill ~ w Ill N with the number 9232. -... / ' ,,, j I // / w io F Ill r 0 0 U) ---- ; ' ' < ; ; ' ' /',_ V V ' ' ' ' ' ' ~-. ' ' ' ' ~-. ' ' ' ' '-'' I ' -.... _\ ... -' I ' ' -' I I ' I ' V ' ' ; ' \ V , ' '< ' ' ' -~-. ' Previously found iron pipe set · over stone monument wat e r f e ature Official copies of this map are crimp sealed. I here b y certify that this su rve y, plan or report was prepared by m e o r under m y direct supervision and that I om a duly Licensed Land surveyor under th e l a ws of the State of Mi nnes o ta . Landma r k Surveying Inc . April 22, 2019 O> 0 "' oi No. 13775 Date "' Cell number: 651 -235 -8880 [-mall address: inthefield@frontiernet.net a..-------------------.--.-.-.--------····-----.---.--.--.--------------•••--------·--·-·--·-.----. . .-.------------·--·----·-·------------------.-.--.----.-.---.-.-.-.---.--.-·-.----.--.--..----·-·--·-·-.--··•··-----···-----... -.---.-.---------·--·---.:=::~A~p:r:i/.2~6,~2~0~1!9~-~:::;::~c~o~lc~u~lo~t~io~n~s:_ __ .Jf Job Number 2019-15 Heritage Preservation Committee Stillwater Planning Commission Stillwater, MN RE: Application for variance 116 Harriet Street North Dear Members: We are request i ng a variance to re-construct our garage, located at 116 Harriet Street North. A April 23, 2019 design permit for partial demolition was issued for this property in 2015. After two long years, the full restoration of the house was completed. Throughout the project our design team demonstrated attention to acetic detail and devotion to preservation. This is best seen in the attached photos of before and after the renovat ion project. Now we'd like to extend that spirit to creating a garage that matches the modern function and historic beauty of the home. The existing garage has never matched the architectural integrity of the home; it is covered in failing lead paint and has degraded. The garage doors are mismatched, support beams are compromised, siding is beginning to rot, and joists are sagg i ng. We'd li ke to re-build and slightly expand the garage in a similar location and incorporate some of the architectural details of the home. There would be no encroachment on the existing set-backs; in fact, the proposed garage would be several feet farther from Rice Street than the existing structure. As shown in the design plan, the new garage matches the character and construction of the renovated home. Furthermore, the size proposed is consistent with a home of this scale and falls within the city's size limit of 1,000 square feet. The existing garage is 916 square feet and the proposed garage would be 994 square feet. The footprint would be less than that of the house and occupy less than 10% of the buildable lot. There are also circumstances unique to th is property wh ich warrant a variance request . The house is located on a corner lot. The current garage is situated on the corner of Harriet Street North and Rice Street West, with the house situated on the east side of the lot. The typical side-yard set-back of 3 feet becomes 30 feet due to the corner lot and house/garage locations. Neighborhoods of this era were not designed with current set-backs and we feel that maintaining existing set-backs will have no hindrance on traffic or sight-lines. The proposed garage set-backs are consistent, if not greater, than the surrounding neighbors. Though the address of our home i s Harriet Street North, the driveway ente rs onto Ri ce Street West. All the neighbors' garages on Rice Street have similar or smaller setbacks. There are no neighbors to the east, as the home is located on a dead-end and is the only home on the south side of Rice Street. There are 3 homes on the north side. Both the nearest neighbor to the north and to the south have three car garages, so the proposed structure is in line with the neighborhood and will not alter the essential character of the neighborhood. Building the garage as proposed will eliminate the need for on-street overnight parking as well as another accessory building on the property. Over the past several years we have invested time, effort, and money into our property, neighborhood, and community while preserving the h istorical detail and essence. With your permission we would like to complete this process by finishing the garage in a style that is worthy of the home and ne ighborhood. Sincerely, Property Owners 116 Harriet St N. Stillwater, MN 55082 £Jan- Current Garage 2014 2019 2014 2019 ,. ,- ,,.... I ....... ,; ... I .~ ... , I ....... c-------------------------c:====i ·---,-, w-... ~- 'I I I I I I I I I I I I I \ I I 1 \II 1 ,1 1, ......... 11 ,, /II \ ..---... - ---.... -I I I ' ---... -i---~==============;-ft I I ir.===:::=:::===:=:::::====~ I I I I I : : I I I ' I I , I I I -~ ·1 -~:1 ,,,.,,. ROOM • ATTIC GARAGE T r-· ~~ I ~~ z (1)"' * E~ ~ ~ ~ ~-·! ,..,_ "'Cl>PyRJ(,i/T1117T<-- ALL llr;i/T.> """""-VCD 115.'VU-~~ ::?.=::~:.r-£ -·-------.... =---:::'.-::.. .. --------______ ._ i-~~ OIIA~f>Y• "-"- Dan & A1liaon Bobli 116 Harriet Sl N. Slillwater, MN ~T~ A-f CITY OF STILLWATER ARCHtTECTURE- HISTORY INVENTORY FORM Historic Name: David Swain Current Owner: Hooley County: Washington City/Township: Stillwater Address: 116 N. Harriet Street Inventory No: WA-SWC-515 PIN: 11221-4900 GEO CODE: 28.30.20.31. 76 Township: T30N Range: R20W, Section 28 (SW 1/4 ) U.S.G.S. Quad Map: Stillwater, Minn-Wisc., 1967, photorevised 1993 U.T.M.: 15 514650 4988915 Architect/Contractor: Date Built: 1877 c,.,?:.,i~ Photo Number(s): 013214 Survey Name: Greeley HPP A Style: Gothic ~4.'J-( Frame(s) 13, 14, 15 Form prepa~ed by: Donald Empson, Empson Archives Date Surveyed: February-May, 1997 Physical Description: A house with five gables, a curious bargeboard decoration on all of them, a tin roof, 1 story bay with decorative brackets, modern front porch and new windows almost throughout. To get a sense of the original house, see the second floor gothic windows on the rear (west side) of the house. The garage in back was built in 1918 as a storehouse and machine shed for David Swain who built this house in 1877. Significance: This house is __ is not_X_ preliminarily eligible to the National Register of Historic Places. Statewide Historic Contexts: St. Croix Triangle Lumbering, 1843 -1914; Early Agriculture and River Settlement, 1840-1870. Local Historic Context: Development of Residential Neighborhoods in Stillwater, 1850s-1940s. Stillwater Town Planning and Development, 1844-1945 National Register Eligible (prelim.): "'Y"es _X~No Date listed on the National Register: STILLWATER ARCHITECTURE-HISTORY CONTINUATION PAGE2 Address: 116 N. Harriet Inventory No. WA-SWC-515 Present Use: Residential, single family Zoning District: RB-2 family residential Integrity: Condition: Excellent _X_ Excellent Good Good X Fair Fair Poor Poor Stories: 2 Roof style or shape: Gabled Structural System: Wood Windows: 1/1 Foundation: Limestone Wall Treatment: Vinyl siding Alterations: Front porch and windows Legal Description: Thompson, Parker & Mower's 2nd Addition Block 8 Lot 1,2,3,4 Historic Information: Built in 1877 at a cost of $900, by David Swain, a machinist and steam engine maker. Swain was probably the wealthiest individual to live in this survey area; in 1884, he held personal property worth $4375, including 3 watches/clocks, a piano, and silverware worth $40. In 1918, he added a $450 storehouse to his property; in 1919, his widow added an 8x20 porch. In recent decades, it has been the home of the Hooley family, prominent Stillwater grocers. Sources: Washington County Tax Assessor's Records; Microfilm Roll SAM 7, Roll 7; SAM 78, Roll 14; Stillwater City Directory for 1892; City of Stillwater Building Permits #1683, 1714, 2304 Open to the public: Yes ·--X No __ Limited Application for Permit and I Detailed Statement of Specifications for New frame Building M ........... side ........................ ~ .................... Street ~(~Bl:,~::-~ Own"···-······1~t ... ~L.~~it::•_ Architect ................................................................................................................. . Builder ...................................................................................................................... . The within application was g ranted by issuance of Permit No ............. tJ .... o .. t .................... . . ~A Au ~ .................... ~.~·~·\·······l. ....... -.............................................. 19./..<( .... . The within A pplicatio n rej ected ............................................................................................................... 19 .................. . The following Arbitrato rs were a ppointed ...................... . .............................................................................................................. 19 ..... ,.,-........ · w ho decided to allow tbe within Applieatio11 sustain the decision of rejection , a nd the Permit then issued as above. · EASTON & MASTERMAN, PRINTERS, STILLWATER, MINH. Detailed Statement of Specifications for the Erection of Frame Buildings 1. What side of Street or A venue? ...... _.~_ .. : .. ~ .. J .................. side of .................. -........................ ™.,h.D..~.!. .... ·············--····--··-···----··---Street A venue. " 2 :::~,n __ _z ___ B/ock' 'V(_ r?-of -~;-. ' J •. -'< ,P<Ll_ , '-' __ 1tt _ l Lx __ 'A;::::: 3 . Size of Lot: No. of feet front ................................................... _. No. of feet rear....................................................... No. of feet deep. .................. -......................... -·······-·· 4. Size of Building: No. of feet front .................... .3..0..................... No. of feet rear ................ ~ ... ~............................. No. of feet deep_._-3,...Q·----·--······· No. of stories in height ....... _.~ ........ '.~.C .......... .\ ... ~~···············-·-········--cel/az:.,..baseme-n-t-am1 attic. No. of feet in height from curb Jew:/ to highest point ···········-··-·-·--··-·--··--···-·················· G. What will building cost, exclusive of lot? $ .......... 4 ~-0 ........................................... .. 6. What will be th,: depth of foundation walls from curb level or surface of the ground?. ...................... ___ ·-····-·-····-·-·················-feet. What will be 7 . 8 . 9. 10 11. the ...................................... thickness of said wall?. ..................................... inches. Depth and size of cel/a.r ...................................... deep, ....................... x ....................... . Will foundation be laid on earth, rock, timber or piles? ............ ../!}..-:1..1.... •.•..•••• CA:. ... ~..E ..... --:t .t .' ..................................................................................................................... . Will the roof be flat, peaked o r Mansard? ................................. V-·..lJ, ....... J. ......................................................... . What will be the materials of roofing? ......... _ ................................... ~:.::':: .. &~ ............. ~ .......................................... -................................................................. ---·-··- J H'hat will be the means of access to tbe roof? ........................ _____ ···-··-··································-·-·--·······---·-···········-···-···-······················································--············-····· Material and size of floor joists: ................................................ ·-·····-· 1st tier.. .................. x .............. _; 2d tier .......... __ ... x .. -............. ; 3d tier.·---·-····..x·-·--·--··; 4th tier ............... _ .. x ......... -...... ; 5th ticr ................... x ................... ; 6th tier .................... X·-··--·-···; ceiling tier ................... x .................... ; roof tier ·······------X·······--········-. State distance from centers: 1st tier ........................ inches; 2d tier ....................... inches; 3d tier ...................... inches; 4th tier .............. __ inches; 5th tier ....................... incbes; ceiling tier .............. -...... inchi:s ; roof tier .................. _.inches. 12. If floors are to be supported by columns and girders, g ive the following information: Size and material of girders under 1st floor 13. 14. 1 5. 16. 17. 18. ....................... .x ....................... , ...................................... ; under upper floors ........................ x ....................... , ........................................... ; size a.ad material of columns under 1st f/oor ............................. x .............................. , ···---··············-··············-··; under upper floors ... _ ...... _ ............... x ............... __ ··········• ---···-·--·--······-·······-· What will be the distance of woodwork from all flues, hot air or steam pipes?_··-····-······-·--···-·--····-·····-·----··-······--···---····---··----·-·-··- No. and size of chimneys ........................................................... x ................... ; of what material.... .................................................. ; how built __ ·-···-····-···············-············· Will building be venee1ed with brick, covered with iron, or wood? ................................ --..... \A.?.:'.° .... ! .. :'.".'.'.' .............. -... -............ _ .................................................. _ ,.., f, For what purpose will building be used? ...................................... ~~-!... .... ~ .... -..... W~ ............ ··············-·······-··---·-·-·········-·····························---- How a.re the stairways to be constructed, and of what materials? .................................. ~················-··-········-··-·-·················-···-·········-·---···-····················- How are the interior walls, partitions, etc., to be constructed, and of what materials? __ ··-·-···--··--·-·········--··-······-········"···-----· -················--------··----·-····-----·-····-··-······················-. ------. -····-····················-················-···-··---··-------·-·-··--·--··-····-·----·-------·····----- 19. How are the floors of cellars, basement and other stories to be constructed?_ ........ _ .. ) ............. : ... ~····-····~ .. ~:\: ............... -........................................... . ·-·-··-•••••-••••••••--•-••••·----·-•••-H-•••••••••••••---•••••••-•-•••• -• -------••••••••••••••••••••••••••••••••••••••••••••••••••-••••••••--•-••••••••••••••••••••-••••---------••••-••••••-•-••--••••••-•-••••••• 20. How are the ceilings to be constructed?...... ----·········-··-·--·-·--········-···-····-····-··········-·-·--···········-········-··"-····-··------···-·········-··········----·-·-··-- 21. Will all materials and workmanship be in accordance with the requirements of the law? .................................................................................... _ ........................ .. (Th e following agreement must be sign e d by the owner or the authori zed age nt there of.) The undersigned hereby agrees to perform all work required under the proposed improvement in accordance with tbe plans, specifica- tions and within detailed statement, and in conformity with the laws and ordinances of the city of StiJJwater. Own,, -----~.,g(h.J. ~--Add,'"--·· [l~-· ·---'--·-,_ l/_, __ .i2 ·---·-···· .. -.... : ..... Architect ..................................... ···························---------·-·-················· ...... Address......... .. ··--···············---········---··---............. -................................................. .. Builder ...................................................................................................................................... Address ......... -................................................................................... -·---··--·····-·--······-···· .. ···--········- Stillwater city, Washington County 2018 Annual Population Estimate FYI Published May 16, 2019 (preliminary; distributed for local government review) METROPOLITAN COUNCIL Persons per Population Population in Housing units Occupancy rate Households household in households group quarters Total population 2018 8,028 95.59% 7,674 2.541 19,497 418 19,915 Estimate 2010 7,577 93.39% 7,076 2.509 17,755 472 18·,227 Census The Metropolitan Council estimates population using the housing stock method, which answers three main questions for each community as of April 1. 2018. First, how many housing units did the community have? • We start with housing units measured by the 2010 Census, then add units built between 2010 and 2017, based on permits reported to us by communities. Permit data is available on our website (https://stats.metc.state.mn.us/data_download/DD_start.aspx ) o We assume that 95% of single-family detached units and 90% of townhome/duplex/triplex/quadplex units permitted in 2017 were completed and occupiable by April 1. 2018; the remainder are assumed to have been completed after that date and will count toward next year's estimates (for April 1, 2019). o Multifamily units permitted between 2010 and 2017 are assumed to be completed if they received a certificate of occupancy by April 1, 2018 The remaining units will count toward next year's estimates if they received a certificate of occupancy by April 1. 2019. According to our records, Stillwater permitted O multifamily units before 2017 that were not open by April 1. 2018, and permitted O units in 2017 that were not open by April 1, 2018. o Manufactured home data comes from our annual surveys of manufactured home park operators and local governments o Data on other housing (boats, RVs, etc. used as housing) comes from the most recent American Community Survey data: this· housing is included in the estimates only if occupied. • We also examine other housing stock changes reported by communities These include demolitions, building conversions (units added or lost), boundary changes (units annexed in or out), and other changes reported by city and township staff Housing stock Permitted and Other changes Housing stock April 1, 2010 built since 2010 since 2010 April 1, 2018 Single-family detached 5,086 252. 148 5,486 Townhome (Single-family attached) 915 51 0 966 Duplexltriplexlquadplex 571 0 0 571 Multifamily (5 or more units) 1,005 0 0 1,005 Accessory dwelling units (ADU) 0 0 0 0 ' Manufactured homes 0 0 Other units 0 0 Total 7,577 8,028 Second, how many of these housing units were occupied by households? • Each housing type has an estimated occupancy rate These data come from the most recent American Community Survey estimates for housing units and households, decennial census data from the US . Census Bureau, and the U.S Postal Service To estimate multifamily occupancy rates, we also use Costar, a proprietary data source covering the apartment market • Multiplying the number of housing units of each type by the occupancy rate yields the number of households (occupied housing units) Third, how many people lived in these occupied housing units? • Each housing type has an estimated average household size These data come from the most recent American Community Survey estimates of households and population in households as well as decennial census data from the U S. Census Bureau. • Multiplying the number of households in each housing type by the average household size yields the population in households Households Housing stock Occupancy (Occupied Persons per Population April 1, 2018 rate housing units) household in households Single-family detached 5,486 96.01% 5,267 2.724 14,349 Townhome (Single-family 966 96.10% 928 2.724 2,528 attached) Duplexltriplexlquadplex 571 92.45% 528 2.254 1,190 Multifamily (5 or more units) 1,005 94.62% 951 1.504 1,430 Accessory dwelling units (ADU) 0 94.62% 0 1.504 0 Manufactured homes 0 95.29% 0 1.000 0 Other units 0 N/A 0 2.009 0 Total 8,028 95.59% 7,674 2.541 19,497 To obtain the total population, we also add the number of residents in group quarters facilities. Thes_e are residences that are not part of the standard housing market, such as college dormitories. nursing homes, prisons and Jails, and group homes. Data come from the Metropolitan Council's annual survey and the Minnesota Department of Human Services Population Population in Total population in households group quarters April 1, 2018 19,497 418 19,9~5 DmncYrounalng; nora11·estimatesc-arro,n·eproaucecfexactlyfrom the al:fove ··1nputs-. - For more information, see our methodology document available from https://www.metrocouncil.org/populationestimates %2$5'$*(1'$ %RDUGRI&RPPLVVLRQHUV )UDQ0LURQ'LVWULFW 6WDQ.DUZRVNL&KDLU'LVWULFW *DU\.ULHVHO'LVWULFW :D\QH$-RKQVRQ'LVWULFW /LVD:HLN'LVWULFW -XQH $0 Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 5ROO&DOO 3OHGJHRI$OOHJLDQFH &RPPHQWVIURPWKH3XEOLF 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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onsent 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. $ $GRSWDUHVROXWLRQDQGDSSURYHDJUDQWDJUHHPHQWEHWZHHQ0LQQHVRWD+RXVLQJ)LQDQFH $JHQF\DQG:DVKLQJWRQ&RXQW\LQWKHDPRXQWRI IRUWKHSHULRGRI-XO\ WKURXJK6HSWHPEHUWRSUHYHQWRUPLWLJDWHKRPHOHVVQHVVDQGDXWKRUL]HLWVH[HFXWLRQ SXUVXDQWWR0LQQ6WDW %$SSURYDORI&DUQHOLDQ2YHUORRNSODWLQ6WLOOZDWHU7RZQVKLS & $SSURYHFRXQW\FRPPHQWOHWWHUVRIWKHGUDIWFRPSUHKHQVLYHSODQVIRU/DNH6W&URL[%HDFK 6W0DU\¶V3RLQW%LUFKZRRG9LOODJHDQG&LW\RI/DNHODQG 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 &RPPLVVLRQHU5HSRUWV&RPPHQWV4XHVWLRQV 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. 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