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HomeMy WebLinkAbout2019-12-17 CC Agenda PacketThe Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING December 17, 2019 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS V. OPEN FORUM - the open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. the council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. VI. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Development Director 5. Public Works Director 6. Finance Director 7. City Attorney 8. City Administrator VII. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 9. December 3, 2019 regular and recessed meeting minutes 10. Payment of Bills 11. Acceptance of Cash Donations - Resolution 12. Aiple Park Master Plan Consultant Agreement - Resolution 13. Animal Humane Society Impound Housing Services Agreement 14. Biercycle Adventures License Renewal - Resolution 15. Copier Replacement for Police Department Squad Room 16. Encroachments at 401 S. Main Street - Resolution 17. Gambling Premises Permit for American Legion 3rd Street Post 18. Legal Publication Designation for 2020 - Resolution 19. Library Board Trustee Appointments 20. Lowell Park Pavilion Historic Structure Report Consultant Agreement - Resolution 21. Tobacco License for Two Brian's, LLC DBA Brian's - Resolution 22. Gambling Premises Permit for American Legion at Acapulco VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 23. Public hearing to consider the street improvements for the Neal Avenue (Boutwell Road to White Pine Way) Improvement Project (Project 2019-08). Notices were mailed to affected property owners and published in the Stillwater Gazette on December 6 and 13, 2019. - Resolution IX. UNFINISHED BUSINESS 24. Case 2019-58 Zoning Text Amendment to allow Schools by Conditional Use Permit within the BP -I district. Property located at 1835 Northwestern Ave - Resolution and Ordinance 2nd Reading X. NEW BUSINESS 25. City Council and Boards and Commission Meeting Calendar for 2020 - Resolution XI. CLOSED SESSION 26. Pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney -client privileged communication regarding 121 Chestnut Street East XII. COUNCIL REQUEST ITEMS 27. Consideration of Approving Settlement Agreement for 121 Chestnut Street East - Resolution (Available at meeting.) 28. Authorizing Expenditure of Funds from Tax Increment District - Resolution (Available at meeting.) XIII. ADJOURN Page 2 of 2 City Council Meeting Agenda December 17, 2019 My name is Jon Ustipak. I and my family live at 8005 Neal Ave N, on the east side of the street. We attended the 2015 and 2019 public hearings regarding the planned total reconstruction of Neal Avenue North, and the 2019 feasibility presentation to the city council. The feasibility study did not include an updated traffic analysis and adequate traffic calming measures. We would like to voice our opposition to the proposed project plan for the following reasons: 1. Safety concems due to excess speed on the street 2. Inappropriately high traffic volume on the street due to new developments 3. Lack of current traffic analysis 4. Lack of shared sacrifice by all homeowners 5. Detrimental impact to character of the neighborhood 6. Unnecessary biking lane proposed 7. Incomplete feasibility study costs to acquire the property rights necessary for the project and build the necessary traffic calming measures to ensure safety Shawn Sanders in 2015 and Reabar Abdultah in 2019 outlined a plan whereby the homeowners on the East side of Neal Avenue would exclusively be affected for all planned road widening, new barrier curb construction, new boulevard, and new bike trail. Though homeowners on the West side of the street would participate by paying assessments, they would not share in the sacrifice by giving up any of their land under the current proposal, despite the fact that there are existing city easements on their land. We believe the City does not have a road easement for our property to expand beyond the current road width. These planned "improvements" would remove up to 23 feet from home owners yards on the east side of Neal. In addition, completing this project as outlined would severely impact the character of the neighborhood as extensive 50+ year old mature tree loss could not be avoided, as well as do nothing to address the most pressing concerns of traffic volume, speed, and safety. Having lived at this address on Neal Avenue North for almost 30 years, we can tell you that the character of the street has changed from a calm, neighborly street to a high volume, high speed street. In addition, with the destruction of dozens of mature trees to be caused by this project in its current proposed state, it is in direct conflict with the stated objective at last month's City Council meeting of becoming a Bird Sanctuary City. Nor do we support widening the project to the west side of the street in areas where it would destroy the beautiful old trees down the street from us. We have reviewed past, current, and future plans for city-wide development and transportation studies. In the 2040 City of Stillwater Comprehensive Plan, there are several salient points which are quoted here: 1. Under the Land Use goal: "Retain the unique and/or historic character of existing residential areas. 2. Goal 3: Preserve, maintain, and continue building the greenbelts in the western and northern portions of the city. 3. Community character: For Stillwater, character is found in the natural and cultural features that make it a truly special place. It is defined by the physical landscape... and varied residential areas... and its numerous and remarkable scenic vistas. 4. Stillwater is home to many high value natural resources. As the city grows and redevelops, protection of these resources is critical. 5. Sustainabttity can be achieved through a variety of strategies, each using natural resources preservation as the guiding principle, while still allowing use of the land. In the 2003 SRF traffic study, by an overwhelming majority, surveyed Neal Avenue residents voiced their concern regarding traffic volume and speed. Neal Avenue North is designated as a minor collector street, which "provides the connection between neighborhoods and commercial/industrial areas and the major collector/minor arterial system. Access is slightly emphasized over mobility in minor collectors." * According to the Future (2030) Traffic Transportation Study in the 2008 Comprehensive Plan, traffic was anticipated to remain below 371 cars/day on Neal Avenue North. The volume already far exceeds that number. However, no new study has been conducted since the extensive development in surrounding neighborhoods (Creekside, Mill Brook, Settlers Glen, Stillwater Public Works and now new developments north of McKusick), nor since the addition of traffic lights at Manning Avenue/Boutwell, and Manning/Myrtle, and Maryknoll/Myrtle_ Since then, the volume of thru traffic on Neal has skyrocketed. In the 2003 study with short-range recommendations unanimously adopted by Stillwater City Council in 2004, there were two recommendations that clearly have not been followed that directly impact Neal Avenue as follows: 1. Encourage the development teams to orient planned streets and access points to encourage new development generated traffic to use Manning Avenue. 2. The city should monitor traffic conditions on Maryknoll Drive/Oak Ridge Road, Northland Avenue/Croixwood Boulvard, Neal Avenue, Boutwell Road and consider traffic calming measures should the volume and speed of traffic on these roadways become a concern. Regarding point 1, instead of encouraging traffic on Manning, it seems that the addition of the Manning/Myrtle and MyrtlelMaryknoll traffic lights has had the unintended consequence of increasing traffic onto Neal instead of McKusick, which is supposed to be a major collector. We believe a traffic study would show that the lack of a traffic light at McKusick and Manning Ave, is pressuring traffic to use Neal Ave North to Boutwell to access the lights at 80th/Manning or Maryknoll/Myrtle instead. Has the city or county approached the state to conduct a study of the McKusick/Manning intersection and its potential increase in use with traffic lights? Transportation Goal #3 includes "limit impact of non- residential traffic in neighborhoods when possible". This goal is clearly not being met on Neal Ave N. Regarding point 2 above on monitoring traffic conditions and using traffic calming measures, extensive new development has certainly occurred, but no follow-up traffic study has been done (or at least not published and made available to the public on the city website), and no traffic calming measures have been done to make Neal a safer street to live on. Accordingly, completing this project as outlined will only increase speed with a smoother, wider road surface and still do nothing to reduce traffic volume. Regarding speed on Neal Avenue, residents have commented they frequently witness cars, trucks, and motorcycles driving well in excess of the posted speed limit of 30 m.p.h. There are even some first-hand reports from residents observing cars passing other cars, and late -night motorcycle drag races. In addition, neighbors near the Brown's Creek Trail commonly hear screeching bicycle brakes as speeding southbound cars on Neal Avenue North launch at the bottom of the hill across the marked bicycle crossing. In 2015 in conjunction with this project proposal, Shawn did monitor traffic speeds and found some traffic going in excess of 50 mph on radar. Removing 50+ year old trees gives even better sight lines and risks even higher speeds. We shared these thoughts with Shawn in 2015. However, the traffic has continued to increase in volume and speed. The sole traffic calming proposal in this project is to add a 4 way stop at the intersection of Neal Ave N and Eagle Ridge Trail. This contradicts the Traffic Safety Review Committee Meeting Minutes dated 12-10-2019, where in regards to a stop sign request for the intersection at Brick and Oak streets, Shawn Sanders and committee member Van Wormer both raised concerns. "Sanders said the city could collect some data at the intersection, such as traffic volumes, speeds, sight distance, etc. There is a general concern when a stop sign is installed without good reasons and justification, that drivers start to ignore the stop signs and roll through them creating bigger concerns and problems." "Van Wormer indicated that cities that have installed signs on that basis end up with more problems of drivers ignoring all stop signs and that Stillwater did a detailed study of stop signs and found a number that were not effective." Rather than merely hoping that the addition of one 4 way stop sign along the entire length of Neal Ave will calm the already high rate of speeding, we ask that a current traffic study on Neal Avenue North be conducted, and for decision makers to keep an open mind for all feasible Neal Avenue North plans including any and all practices that reduce traffic volume and speed such as follows: 1. Road closure from Brown's Creek trail to McKusick — restore Neal to minor collector status by restoring the closed area north of the bike trail to McKusick road as it was in the 1990s, and improve Brown's Creek Trail bike safety. 2. One way in One way out on Neal at McKusick using Deerpath as an example. 3. Add several Bump Outs which is a proven traffic calming measure as on Deerpath. 4. Make Neal Ave a one-way street 5. Reduce speed limit to 25 mph on Neal Ave N (MN Statute 169.14) 6. Add multiple flashing speed limit signs in both directions if two-way traffic 7. Use enhanced aesthetic values and a sense of Nature (preserve the trees) 8. Create bends in the road as the straightaway is an engraved invitation to exceed the speed limit 9. Add Humps or speed bumps at various locations 10. Do NOT add a new biking trail —This is not a critically required addition as it is redundant to a trail % block away — everyone on Neal Avenue North between Boutwell and the Brown's Creek Trail lives within % block of a paved bike trail on Boutwell, Creekside or at the Brown's Creek Trail, with a direct trail access to the Brown's Creek Park and Brown's Creek Trail already. With increased road speeds and increased traffic, a separate bike trail is more unsafe by making it a separate place to look for traffic for homeowners accessing their driveways. 11. Or at a bare minimum, place the biking trail directly on the street as a separate biking lane. 12. Coordinate with the state to place traffic lights or roundabout at the intersection of Manning and McKusick We strongly believe creative traffic calming solutions are needed and a current traffic study is warranted with analysis done on new traffic patterns in light of the extensive development that has been completed and is actively underway. This should be done BEFORE the final project approval so that the decision is based on all the necessary information and impacts. In addition, if the plan goes forward, it may be more expensive than the City currently anticipates — to build the project, the City may need to acquire right-of-way from residents. Only then after a more comprehensive study can a wise choice be made on a future Neal Avenue North street design. Respectfully submitted, Jon and Cheryl Ustipak 8005 Neal Ave. North *2008 City of Stillwater Comprehensive Plan Update Transportation Chapter draft Page 1 LIST OF BILLS 3D Specialties Inc. Accela Inc Ace Hardware Advance Auto Parts Amano McGann Inc AMI Consulting Engineers PA Armor Security Inc. Becker Fire Safety Services LLC BlueCross BlueShield of MN Inc. Bornt Rich Briggs Brines Market Buberl Black Dirt Inc. Business Data Record Services CDW Government Inc. Century Fence Company Century Link Cintas Corporation Comcast Coverall of the Twin Cities Diversified Infrastructure Services ECM Publishers EG Rud & Sons Enterprise FM Trust Ess Brothers & Sons Inc. Fastenal Company Flaherty & Hood P.A FleetPride Goodyear Commercial Tire Gopher State One Call Inc. Grainger Greater Stillwater Chamber of Commerce Guardian Supply Henning Professional Services Hoisington Koegler Group Inc Holiday Companies J.B. Contracting Jefferson Fire and Safety Inc. Kelly & Lemmons PA Leadership Growth Group LLC LeVander Gillen Miller PA Lincoln National Life Insurance Co Loffler Companies Mansfield Oil Company Menards Supplies Monthly UB web payments Supplies Equipment repair supplies Gate arm Riverbank Stabilization Project Quarterly Monitoring Service Extinguisher service Retiree Health Ins Reimburse for mileage Project fees Food trays Black dirt Document destruction services Equipment Palmer Park Telephones Uniforms & mat cleaning Cable boxes Commercial cleaning services Clean & CCTV sewers Publications 2020 Street Project Lease vehicles Storm sewer repair parts Supplies Job eval points Suction hose Tires Locates Building repair supplies Holiday mixer Uniforms - Julien Shorty's cleaners relocation consultant Parking study - professional services Vehicle washes New garage door Firefighting lanterns Prosecution Leadership Growth series 2019 materials Professional services COBRA Life Insurance Equipment Fuel Supplies 406.92 308.00 134.20 53.60 155.00 41,270.80 84.00 444.70 3,164.00 163.56 5,300.00 126.71 30.00 147.80 1,083.12 23,745.00 498.36 935.64 10.47 540.00 20,250.00 147.25 17,895.83 7,145.53 23,177.00 1,099.22 250.00 53.06 597.28 232.20 160.32 50.00 59.99 70.25 4,564.24 175.00 13,780.00 764.50 8,333.00 115.99 22,882.08 10.80 3,789.79 2,856.86 930.61 Metropolitan Council MidAmerica Inc Middle St Croix Watershed WMO Midnight Spirits LLC Mill Supply Inc Miller Excavating MN Fall Expo MN Fire Srv. Cert. Board MP Nexlevel LLC Northern Technologies Olsen Chain & Cable Inc. OnSite Sanitation O'Reilly Auto Parts Redstone Construction Rehn Code Consulting Services Roush Jim Schwaab Inc. Stillwater Medical Group Stillwater Motor Company SW/WC Service Cooperatives T.A. Schifsky and Sons Thomson Reuters Toll Gas and Welding Supply Truck Utilities Inc. Twin City Garage Door Co. Uline Inc Valley Trophy Inc. Verizon Wireless Visual Labs Voyant Communications Wakota CAER Washington County Road & Bridge Xcel Energy REC CENTER 1ST Line/Leewes Ventures LLC Ace Hardware Arrow Sports Group Cintas Corporation Comcast Computer Services of Florida Corval Constructors Dalco Jaytech Inc Menards Mercury Electric Wastewater Charge Remediation of 2 garbage stalls BMP Project Refund liquor license fee Snowplow headlamp Street sweepings Registration Fire Apparatus Operator Cert Exam Locating Street Project Hoist inspection Portable Restroom Heater hose Veteran Memorial Park Imp project Plan review Reimburse for boots Stamps Vaccines Vehicle service Retiree Health Ins Asphalt Information Charges Cylinders Repair strobe & camera Garage door repair Supplies Supplies Wireless Service Body camera subscription for smartphone Phone 2019 Membership Traffic services Energy Snacks for concessions Supplies Concession supplies Mat cleaning service Internet Software Equipment repairs Supplies Cooling water treatment Supplies Electrical service to condenser Page 2 166,640.34 2,939.00 1,567.46 200.00 166.92 743.45 240.00 290.00 618.75 463.95 800.52 527.00 6.99 78,275.86 1,817.00 69.99 34.50 290.00 606.04 61,712.03 67.67 146.20 43.92 924.02 444.00 458.00 10.00 3,164.95 12,348.00 536.79 100.00 497.25 13,098.33 398.70 142.30 336.60 103.00 109.85 250.00 399.00 190.86 719.68 27.54 759.20 Pepsi Beverages Company Beverages for concessions Riedel) Shoes Inc. Skates LIBRARY ArtStart Brodart Co Comcast Culligan of Stillwater Ebsco Publishing Friends of the Stillwater Public Library Harvey Kevin Hedin Sue Midwest Tape One23 Events LLC Petrie Angela Recorded Books Inc Rose Floral SOS Office Furniture Value Line Publishing Inc. ADDENDUM Able Hose & Rubber Inc. Advanced Sportswear Aramark Cameron Leigh Comcast Cummins Sales & Service Fastenal Company Fraley Thomas Kirvida Fire Larson Kathleen Loffler Madore Kathy Marshall Electric Company MN Pollution Control Agency Office Depot Quill Corporation Robole Donna Stillwater Fire Relief Assoc Tec Inc Wolf Beth Ziegler Inc. Programs - Adult Materials Tech Support Water Materials Reimbursement for Friends Material Fee Refund Staff Reimbursement Materials October 2019 Monthly Fee Staff Reimbursement Materials Terrace Evergreens Task Chairs Materials Fire hose Uniforms Uniforms Reimburse for mileage Internet Equipment repair supplies Supplies Supplies Equipment repair Permit fee refund IT Professional Services UB refund Nelson St lift station Certification Fee Office supplies Office supplies Reimburse for mileage 2019 Fire State Aid Remote telemetry units for loader & F550 Reimburse for holiday cards Caterpillar loader Page 3 368.98 477.83 1,570.00 4,128.04 188.06 21.25 6,140.15 221.00 26.00 117.01 1,920.68 2,000.00 49.80 499.20 94.44 706.95 1,103.00 982.80 816.00 150.93 44.08 173.78 208.69 459.63 42.00 220.00 90.00 1,662.50 263.25 1,890.00 45.00 61.53 11.99 14.50 174,895.17 4,700.00 193.30 168,415.42 Page 4 REC CENTER ADDENDUM 1ST Line/Leewes Ventures LLC Canteen Refreshment Services Cintas Corporation Corval Constructors Cub Foods Ice Skating Institute Kraus -Anderson Lindstrom Solar LLC Loffler Companies Mulcahy Company Inc. Pepsi Beverages Company Peterson Salt & Water Treatment Riedel) Shoes Inc. Tri-State Bobcat United Refrigeration Inc CREDIT CARDS 10000 Lakes Chapter of ICC Acorn Naturalists Amazon.com American Assoc of Code Enforcement Backgroundchecks.com Comfort Suites Duluth Etsy Green Light Depot Home Depot Kwik Trip Lake Superior College Lowes Home Centers Inc. Menards Online St. Croix Boat and Packet Co. Stillwater Post Office The Westin - Nashville Traffic Safety Store Trainers Warehouse Wells Fargo Bank MN NA Snacks for concessions Concession supplies Mat cleaning service Equipment repair supplies Ketchup for concessions Printing Dome Project Solar Energy Rec Center Phone Project Equipment repair supplies Beverages for concessions Power thaw Skates Equipment repair supplies Equipment repair supplies 10K Lake Chapter Fall Seminar Library Materials Supplies AACE Conference Back ground checks Lodging for MSFCA Conference Library Programs Lights for parking ramp Building maint. supplies FPW treats Recertifications for John Jurek Snowblower Boiler room supplies Fire prevention council dinner Shipping Lodging for conference Road flares Dry erase boards Bank Fee 578.00 773.87 103.00 347.50 7.96 103.00 76,910.11 2,797.88 1,856.25 394.13 639.35 898.66 398.00 199.78 36.84 750.00 208.36 1,130.17 255.00 381.95 1,544.30 62.36 2,749.45 991.96 104.65 600.00 877.46 514.28 461.72 28.30 1,405.99 143.33 218.00 39.00 TOTAL 1,034,761.91 Page 5 Adopted by the City Council this 17th day of December, 2019 CITY COUNCIL MEETING DATE: December 17, 2019 REGARDING: Aiple Park Master and Vegetation Management Plan PREPARED BY: Abbi Jo Wittman, City Planner DISCUSSION The 2019 budget approved funding for the development of a Master Plan and Vegetation Management Plan for the Aiple Park. City staff distributed a Request for Proposals to develop these plans and received four proposals in return. While all firms were well -qualified, and presented thoughtful approaches to the planning process, the proposal from HKGI, Emmons & Olivier Resources, and Miller Dunnwiddie stood out among the rest. This is due to their strong understand of the project's existing opportunities and constraints, good knowledge of the project site, and the formation of a well -qualified team to assist the City in conducting strong public outreach efforts to develop a unified plan within a timeframe that may be consistent with other community pressures. RECOMMENDATION City staff recommend entering into contract with HGKi for professional consulting services associated with the development of the Aiple Park Master and Vegetation Management Plan. ATTACHED Resolution of Agreement Approval Draft Agreement HKGi Proposal RFP and Addenda APPROVAL OF AGREEMENT WITH COLLABORATIVE DESIGN GROUP, INC. BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between HKGi and the City of Stillwater for the development of the Aiple Park Master and Vegetation Management Plan in the amount not to exceed $42,500 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 17th day of December, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 17th day of December, 2019, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and HKGi, 123 N. 3rd Street, Suite 100 Minneapolis, MN 55401 (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: A proposal dated December 11, 2019, incorporated herein as Exhibit 1; ii. Other documentation, the Request for Proposals, incorporated herein as Exhibit 2. (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. 1 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMED IF S . a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 2 d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated the City Planner to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Bryan Hades and Gabrielle Grinde to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, 3 damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTII-S. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Abbi Jo Wittman Or e-mailed: awittman@ci.stillwater.mn.us If to Contractor: HKGi 123 N. 3rd Street, Suite 100 Minneapolis, MN 55401 4 Attention: Bryan Hades, PLA LEED AP Or emailed: bryan@hkgi.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 5 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: December 17, 2019 6 CONTRACTOR By: Its: Date: 7 Ili,"dn'IIMVp'N Onientodatbfflow II ,1111111111111111 111111111111111 I�^VVVIIVIIIII�NI��������� iI,YI "I"^'i'i �,1fif Io,Vl�II tII''imIhIIliV �d�ulil�,V'l�W'IVIIUul'i�I�dII�lihlllVn fl l u,ui�u, uIilu��lluliQlsl^Il'iVlnlU' I!VuP ,1111111111111111111111111111 1��IV III!u'' �� �I yV11 1011 1 PIII lllIl"YI1aVIliIvV1,ViP�l�VI�,IIk,„uIIrI��i IYiI„IYI�I^ I,rq VµI vollonon000lumumu luoulluumpoun000loouollgli PROPOSAL FOR PLANNING SERVICES MASTER PLAN & VEGETATION MANAGEMENT PLAN FOR AIPLE PARK PROPERTY STILLWATER, MINNESOTA Prepared by HIKGi, Emmons & OIHvier Resources, and Milllller Dunwiddie December 11, 2019 uVuugpum uuuuuum( 7111111r' M iIrar CONTENTS 01 PROJECT UNDERSTANDING 1 02 WORK PLAN & SCHEDULE 3 03 TEAM QUALIFICATIONS 11 04 EXPERIENCE & REFERENCES 23 05 FEE PROPOSAL 39 pupil@loul4lYil,i"''P':N1d41!!1111P1'illl'1'ui11 NNI111;p 111 ,11 uU �l'jll'V°'i 1° fIP' y „ 1liliuv' m:gtl1 1 'lcu' Ili Iliiiilll P VIilw1111111 111 r.1111u1' I, 11"11111!IIIII11NIINI to illllllllllllllllllllll1lllllilllllllllllllllup ImI�i 111uV1u,,,,,111 111NW wuI INW11N IlllUllll wiv!d1u'u4ll'w16i111iiilw N1 ,fX1111 11ii1'Iilhiilill'^ G uuuuuulll!!!!IIIIpJllllliilliili1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 'uryuuVI�IIVw�!I',141" IIU4lulllallllll'"" „ 11, ^,I;;IMN11111° u1 . 111 111v����������1111111111111111111���������� llllll111'1 ""ill��'11�111����1� NII nomi illllU�UWi;lIlY;I''ylY,1IiiVlryiiI' lIIIV11u111pl1llll'l,lIIl 'N''1h��ipIi1�Nll1lllIl�, Il��III 111 1I,,,IqIIII,'I1I;;11�;;;;';;;'iNI1AryIP11dlllllpll,,1,,fl1 u 'g �WY'p�WN II111,1IIY 1'1I 111'0'� WU'II,;V, ,1 U wIu l VWUI;nR! �!"IINIwwNI ILm ..I0'Il I4 VVm'i41°' .;(! xl I II'�'�xI�IlMVM II '11' d1Iy,�oll uuu pll �'q' ''1:'1°, '111111Iuulplp ICI IP,41 fl;,,!iiiv"'„°'I'Ililiiiil�lllll�i�i1II!' ol'�UVIIII 11� �� U U�h N�1111�'UI 110 1 111111111111111111111111 ,o„111uuV'I�hIIIIQjj�iliiiid V^IIIIIP1�Mw'��'"'V��' 'll�,p6dil�,�Ir�1,lb„�Pf�ll� ry ,INu1rPrVIV1i11uN'' 111111 p and Hu11!"' IVII I WMI. 'w 1R uu „III o1yY�l Kok ,1@!„ 1111! 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111110000000000000000000000000000000000 n1 IYI�'u uq1 0010011'1 IV ...... _ um 1111,111IuiuluUV11,11111IYIVIWIVINII,I11,'�ypl���������� lvllll�'^ 'llpu," q; ;;6111111111101111 li6�diiu yl„nuuuylliiiiuyllllolplllpVll u" AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Planning Landscape Architecture Urban Design 1ZJN.]ndStreet, Suite 108 Minneapolis, KAN55491 612']]8'0800 �� Decernbe/11,281y AbbiJoVVittrnan,City Planner [iftvof Stillwater ReProposal for Park Hanning Services for Aip�e Park Property Dear Ms. Wittman and Members of the Se�ection Committee 0mbehaffof1heHKGi1eam.|ampUeased1osubmitourproposaU1oassisL1heCity in the next phase of pUanning for the AipUe Park property. This site offers great pmten1W to provideaddffionaU riverfron1access and a pubUicga1hering pUace1ha1 can compUemen1exis1ing downtown attractions. #urteam isweUUfpositioned10conduct master pUanningfor this property. In 2017.HKGiand K10UerDunvviddieworked with the City 10create apr0minary concept pUanfor the property. HKGiaUsoserved onthe pUanningteam that created StiUUwa1er'smost recent Downtown Han, which provides uswith an understanding of the broader pUanning context for the entire downtown district. The HKGOWHer Dunwiddie team aUso worked together to renovate the historic K86moehahaRefec1ory,facHi1a1ing1heexpansionof1hepopuUarSeaSaU1Ea1eryin Minmeapohs'K1innehahaPark. VVeare eager 10leverage our knovvUedgeofthe site and our experience on simflar park pUanning projects by engaging the City and its stakehoUdersinexpUoringideas and strategies for future deveUopmen1ofthis park. l XG vviUU provide project management and park master pUanning servicesvvhHe MiUUerDunvviddievviUU lead assessment and reuse pUanningfor the bufldingthat cmrren1Uyexists onsite. Our team aUsoincUudesEmmons &MvierResources (EOR). a natural mesmwrmespUanning and engineering firm with an impressive pmrtfmHmuf restoration and conservation experience. EORvviUUlead the deveUopmen1ofthe Vegetation Management Han and vviUUprovide vaUuabUeinsight into practices and strategies for preserving the site's na1uraU resources. GabrieUUeGrindvv eiUUserve asProjMan ager She has more than eUeven years of experience as a landscape architect and has buflt an outstanding portVio of naturaU resource -based park and traH master pUanning projects. She is famniUiarwith the AipUeproperty from her work onthe Cby's Comprehensive Han and vviUU beabUetm provide creativity and eUicient project leadership. U will serve as PrincipaU in Charge with primary responsibflity for quaUity controU and ensuring that the HKGi team has the resources it needs to conduct this pUanning process. Ufyou wouUd like 10discuss this project orour proposal inmore de1afl.GabrieUUe canbereacheda16l2'252'7l4lorgabrieUUe@hkoicom.and|canbereacheda1 612-252'7124orbryan@hkoicom. This project represents afantastic opportunity for StiMater as it ushers in a new era for its downtown, and we are excited about the opportunity to continue working with the City on pUanning for this park. We look forward 10speaking with you. S�mo*reU8 Biryan Harjes, PI A, LEEDAP Vice President G e,AS[ AProject Manager , abrieUUeGrind PLA 44, bMN l e0ryIVP 0r1P1 111111111 111111 447 m fi 44 0,fX,,,,,��,�„� a; %/',fir; off AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL "The City ofStiMab* wishes 10create adeveUopmen1master pUanand vegetation management pUan10guide the future of 1heAipUe Park Property onthe St. Croix River. No1abUefea1ures ofthe site incUudeastream, asmaUUpond, anunoccupied residen1Wproperty, Uandscaping.wooded areas, over 2.&&& feet ofriver shorehne.and Brown's Creek Sta1eTr 0access. Previous work conducted onthe site incUudesadeveUopmen1 concept pUan.anexisting b0dingreview, and aPhase |Environmen1aUAssessment. Primary outcomes ofpast pUanningincUudethe recommendation ofanADAaccessibUe fishiing piiermn the siite'pmtentWreuse uf theex�stiing structure, vvaWng1ra0s,his1oricaU interpretation, water recreation amenities, and parking area. ResuU1softhe bu0ding study indicate that upgrades 10the b0dingvvouUdneed 10 incUudeADAaccessib0h1yimprovements, safety upgrades, generaUcondition updates, and code updates. |naddition, the City Counc0and the comprehensive pUansteering committee have discussed options for the site and its structure. "The master pUanand vegetation management pUanprocess shouUdconsider: ~ past pUanning.the history ofthe site and its impact 1othe St0Uwa1ercommuni1y ~ ex�stiingwtffltiies,septiicsystemm'and other findiingsin Phase |EnvironmentaUReport ~ the existing Conservation Easement and the St. Croix River and its siigniificanmetmthe siite ~ desires and interests ofthe generaU pubhc.especiaUUy regarding po1en1Wreuse ofthe bu0dingonsite, and the Umcatiimn of the fishiing piier interests of affected agenciies'swch asthe State Department ofNa1uraUResources, Na1ionaUPark Service, US Corps ofEngineers, US Coast Guard, LowerSt. Croix Management Commission, State Historic Preservation &| ice, &8iiddUeSt. Croix VVK1O,and the State Department of "Transportation ~ con1ex1uaU connections 1o1raHs. other parks, park access, and adjacent property owners Uongterm operations and maintenance Master pUanningofthe site, consideration ofthe existing structure, and pUanningfor vegetation management shouUd becompUemen1aryand done inconcert with each other. Components ofthe master pUanare 1oincUudeadeveUopmen1 concept pUan.asummary ofpubhcand agency/s1akehoUder engagement, recommendations for operations ofthe park siite'accessHEAhtymeqwiimemments'cmnffiets'a detafled vegetation management pUan.and ade1a0edimpUemen1a1ion °state tr,il.-^~face °encourage ~^,trim, Design entrance to see Exhibit A� .ith segotatican and topography r�� �fou, state tr,il to Pro, U but/farbily fishing Extend and unpooe existing trail round and rehabilitate existing feet bridge feature R,pa,p.e existing garage for beach and paddle craft put -in storage ��w^��~� -_Pspace, for paddle craft put -in ` ni existing �]10'.12' picnic shelters *~ W. Pedestrian Uail - natural surface by) MOYea, fl-dold.tican , entry Potential Pedestrian trail segoont Alternate fishing pie, location w,kJd..nt=tail gat —ay The previous AiplePark concept plan and building UNDERSTANDING � 3 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL • Kick -Off Meeting and Site Tour • Public Engagement Plan • Background Documents and Base Mapping Phase 2 Exploration of Concept Alternatives • Evaluate Natural Resources and Building • Engagement with Agencies, Stakeholders, Partners, Public • Staff Workshop to Refine Park Concept • Park Board Meeting Staff Workshop • Preliminary Draft Master Plan and Vegetation Management Plan • Engagement with Agencies, Stakeholders, Partners, Public • Refine Master Plan and Develop Implementation Plan • Staff Review of Implementation Plan • Park Board Meeting • IRevisions • Final Deliverables WORK PLAN OVERVIEW 4 2020 January - February Phase 1 Deliverables Meeting agendas and surnrnaries Refined Project Schedule • Refined Work Plan • Public Engagement Plan Existing Conditions Maps and Graphics Phase 1 Meetings • Kick -Off Meeting • Site Tour Phase 1 - Project Kick -Off 1.1 Kick-•11 The Kick -Off Meeting vvfi be a time for the HKG team to meet the Stffiwater staff members and discuss project communication, review the draft scheduie, discuss pubhc engagement tasks and stratecOes, and revew and potenijany refine the project work pan and scope. We will discuss the format of ntellrin and final project dehveraNes to determine what will work best for (.11.0cy staff throughout the planning process. Ddiverabies from the Kick -Off Meeting ‘Ann ndude a refined Project Schedue, refined Work Nan, and a Draft PuNk; Engagement Pan, For el I lency of staff tfrne, the Kick -Off Meeting may be hdd on the same day as the Site Tour (1.2). 1.2 Site T ur Key memlbers of the consultant and dent staff team va tour the Ape Park Property site to observe and discuss important issues and opportunities in the fidd, We va revew and confirm the prevbusy devdoped concept n the fidd, noting where proposed facilities may be iocated. 1.3 Crj,fir Pubiic En. e niet Nan The Public Engagement Pan win outline the goais, process, and responsibilities for engagement, such as defirung the contacts for affected agencies, partners, and stakehoiders. We will identify how best to coordinate with agencies and partners, which may include phone cans, emails, in -person meetings, or a combination of methods. It is envisioned that the pubhc will be engaged through online methods and in -person workshop meetings. We will coordinate with the Cfty's commurucatbns staff to determine the best way to promote pubhc engagement, whk.;,h may ifldude press rdeases, city welbsfte posts, soda rineda, print flyers, and mass emails. 1 A Review backgr und d cuments The project team win review background documents that were included in the RR as we as other documents that may be pertinent, such as the City's 2040 Comprehensive Han. 1.5 Create base maps Base maps win provide a foundation for planning concepts. The HKGi team win develop maps using GIS and other readily available data that clearly display the site's existing conditions, topography and siopes, natural resources, property iines, and existing site features. As HKGi worked on the previous concept for the Ape Park Property, this task win involve updating previously created base maps. AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Phase 2- Exploration of Concept Alternatives 2.1 Evaluate natural res urces EOR will evaluate the existing natural resources through a combination of reviewing previously competed reports and data cdectbn,fidd v[sOcs on the sfte, and background knowledge of the St. Croix River and similar sites. 2.2 Crj,&,rrjIriatrj,or ith ecter.a encies, stakeh partners Clitoor&natbn with affected agencies, stakehdders, and partners vvfi occur through a combination of emails, phone calls, and in -person meetings. HKG staff will attend up to three meetings with agency or stakeholder representatives. We proposeidentifying three dfferent dates/tfrnes where all contacts areinvited to attend the meeting that best fits their schedWes. We wffl design the meetings and activities to be broad enough to engage all meeting attendees. Additional coordination can be done through follow up emails and phone calls. 2.3 InUne engagement —review f existing c ncept A two- to three-week online engagement time period will be used to promote the existing park concept to the general public and ask for feedback on the proposed ideas. We recommend using Social Pinpoint'', a map based engagement tool, in order to solicit comments related to proposed facilities and amenities. The online engagement may be shifted to a later period in the project process if desired. 2.4 Existing building analysis and expl rati n We will explore the potential of repurposing the existing residence on site for public use.This will include detailed analysis of the existing condition of the building and upgrades needed to make it safe and accessible. 2.5 5th1 rJsrk5hrJsp trjs refine crscept At this meeting we will review the results of the agency and partner coordination and puNc nput to determine modfficatbns to the previous concept pan. 2.6 eeDhsp refiorer. crsorcept nrj Iujsc neort for ne rj,rk Based on dedsbns made during the staff workshop, we wffi refine the park concept and develop a 'framework for the master plan document, to include an outline of content, document format, and completed portions. (30% review) 2.7 Public engagement at park site A nice day in early spring would be a great time to host an on -site public open house/workshop to invite the public to envision potential improvements and provide feedback. Interactive engagement methods may include tactical urbanism (mock-up of proposed irTiprovernents n the fidd), wall( audfts (dOboards with maps and questions that direct people's engagement as they walk the site), and printed maps and boards on tables. Potential reuse of the building and the location of the proposed ADA accessftAe fish per vvfi be pilmary focuses of tMs event Stakeholders, agencies, and partners will also be invited to attend the open house. This meeting may be structured as a community event to promote the future park and discuss priorities. It s possftAe to move tMs meeting to a dfferent point durMg the project process if desired. 0105 2020 January - March Phase 2 Deliverables Meeting agendas and sumrnaries Online engagernent hosting and facilitation — Social Pinpoint • Refined Concept and document framework • Public engagernent rnaterials Public input surnrnary Phase 2 Meetings • 3 Agency and Partner rneetings • Staff Workshop • Open House/Park Site Event Park Board Meeting (HKGi attendance optional) WORK PLAN 2020 April -June Phase 3 Deliverables Meeting agendas and sumrnaries Preliminary Draft Master Plan • Draft Vegetation Management Plan • Public engagernent rnaterials • Public input surnrnary • Implementation Plan Phase 3 Meetings • Staff workshop • Staff review meeting (Go - To Meeting) • Agency/Partner and Public coordination (online or 3 in -person rneetings) 2.8 Summarize engagement We will summarize the input received from the oniine engagement, agency and partner meetings, follow up conversations, and the open house/park site event. 2.9 Park Board Meeting The Park Board will be updated on the project process, including a summary of puNc nput, refinements to the previous concept, and next steps. HKGi's attendance at this meeting is optional Phase 3- Draft Master Plan 3.1 Stan „ rksh p t re me en nant c nfir next steps II A workshop with (.11.fty staff and FIKGi team members win be used to review the refined concept and document framework. We willdiscuss the pubhc nput summary and define, master pan revisions and addffi"ons. Input from the Park Board wiii also inform the next steps of park pianning. 3.2 Devek.p Preliminary Draft Master Plan d cument We will deveiop a preliminary draft document to include the formatted maps, text, and other graphics that are already compete. Additionai graphics win be deveioped that may include detail diagrams, cross sections, and precedent images. The document win include an outline of the content not yet competed to envision the flow of the master pan, 3.3 Devek.p Draft Vegetati n Management Plan The Vegetation Management Han win be incorporated into the Master Han document. Components win inciude, but are not limited to, description of the existing landscape conditions, inventory of the site's and cover, and goals and recommendations for management of naturai areas. 3.4 5t& ieetkn trj, re me raft rjIJSCL ents A Go -To meeting with staff wolfbe a time to revew the documents and determine edits and additions. (60% review) 3.5 Crj,&ruIoriatrj,or fth aecter. aeorce nrj public trjs r.eter n1ore phasing and pri rities We wolfdiscuss with (.11.0cy staff the preferred approach for sohdt"ng and collecting nput regarding the draft master pan document from the pubhc and affected agency and partner representatives. A second round of online engagement or in - person meetings, or some combination of methods can be used to solicit review of the draft. HKGi will host online engagement and/or attend in -person meetings (up to three) with assistance from the City in scheduiing and promotion. 3.6 Summarize input fr m agencies and public A wrftten summary of nput will be developed to dktrbute to staff and ifldude the pubiic engagement appendix. 3.7 Refine Master Plan We wolfcoordinate with (.11.0cy staff to determMe revisions and additions to the Draft Master Han based on pubiic and agency input AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL 3.8 Devel p IlImplementati n Plan The Impementation Han win indude a phased schedde for park devebpment, cost estimates for proposed improvements, and a hst of potentiid funding sources for various types of improvements. Phase 4- Final Master Plan 4.1 Sta eetin t r we raft m master Plan (moment e The focus of this meeting win be reviewing the Impementation Han. (90% review) 4.2 Park Board Meeting The Draft Master Han and Vegetation Management Han win be presented to the Park Board for review and feedback. HKGi's attendance at this meeting is optionaL 4.3 Revisi ns t Master Plan As desfred by staff and the Park Board, we wffi make revisions to the 90% Draft Master Nan n order to finzflze the document. 4.4 Final Deliverables The finzfl ddveraNes for tMs project vvfi ifldude five printed and bound aAor copies of the document and an appendices, as we as one high quahty PDF document for digitid use. 0 , 000 Q Y ,', 010 vert117119117MVPINTrol ( 'Iroffsr 4600; 2020 June -July Phase 4 Deliverable Meeting agendas and surnrnaries Draft Master Plan docurnent Final Master Plan docurnent (5 printed copies 4- 1 PDF) Phase 4 Meetings Staff meeting Park Board Meeting Social Pinpoint is an engagement platform that allows users to submit and respond to comments that are tied to specific locations within the park. (top) Other creative tactics can be used to make engagement fun for all ages (left), and tactical urbanism can enable stakeholders to test concepts on site (right). WORK PLAN 8 ffl 1111111111 The schedule below provides a general overview of the process as discussed in the previous section of this proposal. The timing for meetings and engagement as illustrated here is estimated. If selected to conduct this project, HKG wfl work with the Oty to conform or revise the scope and the development of a commuruty engagement plan. At that time we will also be able to add more detail to a project schedule and identify targeted dates for meetings with City Staff, the Park Board, and communfty meetings and events. ase Ph o1J- Project Kick -Off Phase Exploration of Concept Alternatives 7, - Phase 3- Ocaft Main Phase 4- Final Main Jan Feb Mar Apr May Jun Tull Staff Project '.1earn Meeting Public Meeting/Workshop Agency/Stakeholder Meetings Online Engagement Park Board Meeting * • AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL $m IGHLIGHT HekAniCan-Barn Bluff Red Wing, Minnesota HKGi'sconcept planning work for this popular river bluff park included identifying potential concepts for cultural and historical interpretation. HKGi'srenderings ufsite features such asindustrial ruins (pictured)enabled the City and its stakeholders tuvisualize how potential concepts might be implemented. Uk" Ir I,����� S 0 H E D UKE ��['Jjj 14441114 'III pill' I111111111111111111111111111111111111111 1111lli�jii1�1 11i1iilil lllllll11 �11 III HKG% Project G w ,,/ '1k'd/% Leadersh p, Park I r Em Come( ; off 'off AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL � NI Tn:: � n� r1m ~ Creating Places that Enrich People's Lives HKGiwas established inl98210provide community -based planning and Uandscapearchitecture services 1ochen1s throughout the Upper K1idwes1. Our objective is1ohelp our chen1sbuild great places for people 1oHme, work, and play, and we strive 10achieve this objective by combining our technical skills and expertise with the UocaUknowledge that only community members and Ueaderscan provide. VVeuse their input about the community's strengths, values, needs and challenges asthe foundation for plans, designs, and strategies that prepare them for the future and put them inposition 10thrive asthe community grows and evolves. This community -based approach has been a1the heart of our practice since HKGV\founding. Regardless ofwhether vveare developing acomprehensive plan, creating a redevelopment master plan, or designing a key community amenity, gathering and responding 10community input remains akey 10ensuring that our plans and designs are feasible, supported bythe community, and will generate positive results. ' 812.338.0800 812.3]8.68]8 wwwhkgi,mrn/ l2]NnnhThi,dStreet Suhcl00 Minneapolis, Minncsotoss*Ol Planners | ����� �� 5 Certified Planners Landscape Architects 7Licensed Landscape Architects Urban Designers 5 Planners/Urban Designers Communications � � " IIIIINIIIII Aspir'tofcollaboration. Anapproach that emphasizes hstening first. Anenthusiasm for exploring potential ideas and outcomes. Together these inputs result in the creation ofplans and designs that respond 1oacommunity's unique context and �ead to amore sustainable FIRM PROFILES 1�i 2 ^. 851770.8448 851770.2552 � wwmcn,inc.cnm ' 70]06thStreet North Oakdale, Minncsntassl28 Awards ~20170SGBC Wisconsin Leader Award ofMerit ~ 20l7SwsLaina6UeSt. Paul Award for Water Qwafity& Conservation ~ 20l6F0XCInternational ConswffingEngineer Merit Award ~ 2016K8ASVVCD/K8PCA Community Conservationist Award ~ 20l6Freshwater Society 0eanWater Champion Award ~ 2015 ACEC-National ExceNenceinEngineering Grand Award Emmons &Olivier Resources, Inc. IEORI Estabhshedinl997 BOR|sacoUUaborativegroup ofenvironmental and design professionaUs passionate about protecting our waters, restoring heaU1hyecosystems, and enhancing our community's unique sense of pUace.VVe are an empUoyeeovvned. muU1i'disciphnarywater resource - based firm that speciaHzesim ~ water -resources engineering, watershed pUanning.and modehng ~ environmental comphance.bioUogicaU surveying, and restoration ~ sus1ainabUesite design, pUanning. and Uandscapearchbec1ure Approach A1EOR'scientific study and design are inhemenflyintertwined in the pursuit ofsus1ainab0h1y.TheanaUy1icaU and creative richness ofour soUutions derives from this characteristic integration and resuUts in the highest socW.environmen1aU.and economic returns for our chen1s. Mission +VaUues we care for the earth and its inhabitants ~ wecoUUaboratewith environmen1aUUyconscious customers ~ weattract passionate, creative professionaUs ~ we work inanaspiring and heaU1hyenvironment ~ wefoster acuU1ureofownership ~ vvesupport the communities vveserve ~ vvebehevenow isthe time 1oact � 1�i 3 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL ^. 812.337.0000 l00Washington Ave. South #s00 Minneapolis, Minncsotoss*Ol Staff by Discipline NANLicensed Architects VV|Licensed Architects Architectural Designers Interior Designers NANProfessional Engineer Cost Estimator Design Students AcIrninistrative ��-0Nmm�N�NN -mNm�N���NW00��� m�mmm�mmm�mmu�m��m�mm���� Firm Background &8HUUerDwnvviddieisa fwUU-servioearchitecture firm based in Kfinneapohs.K1inneso1a. Since our founding inl963.our empUoyee' ovvnershavebeencommit1ed1ocraftingpUaces1ha1spangenera1ions. Whether vveare rehabih1a1ingasmaUUhistoric structure inarural township orshaping anew pubhcspace for mHhonsof1raveUUersinthe urban core, vveare guided bythe same core conviction: doing bright wfll make it �ast. VVesee our chen1saspartners inthe design process. Our aim is10 foster acoUUabora1iveenvironment where aUUproject stakehoUdersare assured they can fuUUycontribute their unique experience and sk0Us 10the work a1hand. VVeachieve this byempUoying1ried'and'1rue processes and strategies that emphasize participa1ion. Hs1ening, and consensusbu0ding. With in-house experts in preserva1ion, interior design, construction services, and bu0dingenveUopescience, K10UerDunvviddiecan assemmbUeaommmpUete'integrated teammcwstmmmized for your specific project. Because advances in1echnoUogyand bu0dingstandards require ongoing adaptation and improvement, weac1iveUysupport each ofour empUoyee'ovvnersasthey seek 10improve their mastery over awide range ofdesign speciaU1ies. Whatever technical demands your project may face, vvehave the soUu1ionsthat vv0Ustand the test of Designing quaUtybu0dingsthat endurefor generations isn't the easiest way to make architecture, yet it's a�ways worth it. FIRM PROFILES '��J� HKGi Gabrielle Girinde, ASLA, PLA, wiIIII serve as Project IManager for the consultant planning team. |nthis role she vviUU Ueadcommunity engagemmentefforts, park master pUanning'and vviUUprovide direction for the rest uf theteamm. She is familiar with the Aiple site through her previous work on the Parks chapter of the City's 2040 Comprehensive Plan. Gabrielle is an experienced park planner whose emphasis on providing responsive chent service and creative problem solving has been akey 10her success. She isskilled a1working with chen1sand stakeholders 1oestablish ashamed vision for the project and thenexpUmring andemaUwating different deveUmpmmentconcepts and strategies for achieving that vision. Her chents have included communities such as Elk River, Duluth, Edina, I anesboro, K1inneapoUis. Chanhassen. andThree Rivers Park District. Bryan Hairjes, PLA, LEED AIR, a Vice President with HKGi, wiIIII serve as the Principall in Charge for the Aiple Park Property planning project. In this role he wiIIII provide advice and guidance as welll as quality controll oversight for the planning team. Bryan previously provided concept planning services to the City for this property and was part of the urban design team that produced the recent Downtown Plan for Stillwater. Heisexperienced conducting planning projects in historic downtown contexts and is also experienced planning parks and public spaces along riverfronts and Uakeshores in communities such as Hastings, DuUu1h, Red Wing, Hu1chinson, Saint Paul, and K1inneapoUis. Sarah Evenson, PLA, wiIIII provide Widscape architecture services to this project. She vviUUprovide key 1echnicaU support for a11I aspects of the project including engagement, visuall communications design, and park master planning. Sarah is a skilled designer with a strong background in park planning, water resources, and graphic design. Her previous park pUanningexperience incUwde�e&8ni Can -Barn BUwff Park in Red Wing, Ve1erans'K1emoriaU Park in downtown Chaska. and Hok Si La Park in LakeCi1y. EOR Jason Nalber, WRC, wiIIII Uead the development of the vegetation management plan. HeisanenvironmentaU scientist with nearly three decades of experience in naturall resources planning. Heisexperienced a1designing sustainable Widscapes and has collaborated with HKGi on severall park planning projects throughout the state. Kevin Bielhin, ASLA, CPESC, LEED AIR BD­i C, is an experienced Widscape architect specializing in naturall resources planning and stream assessment and restoration. HevviUUprovide advice and guidance 10the EORteam. Miller Dunwiddie Denita Lemmmmon,AUA^LEED AIR, wiIIII provide architecture services to this project and wiIIII conduct the reuse assessment and planning for the existing building on the Aiple Park property. She has been involved in severall reuse planning and design projects during her career and also brings experience designing park facilities. Tomm �mffmssvviUU provide cost estimation services for the amchiteetwraUcomponents uf this project. �ebrings more than forty years of experience to this project and has provided similar services for parks projects across the metropolitan region. Resumes ThefmUUmving pages provide more detaHabout the skiUUsand project experience uf key staff members uf the � �KGi team. ~���� 8KPKE PARK PROPERTY 'MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL � !A � A � �� /=� � � Project Manager HIM � � HIM EducardmI ^ MLA UnivershyofMinnesom ^ B.A. Political Science, University of Wisconsin RegistiratiuiI ^ Landscape Architect, Minnesota INo. 584l0 mwairds� ^ 2015 MNAPAPlanning in Context Award Moorhead River Corridor Plan ^ 2015 MN[)}TStewardship Award inTransportation and the Natural Environment River to River Gireenwey, DaIICounty, MIN ^ 1014ASLA-MNMerit Award; 2O13ASU+OJMerit Award; - Great River I,Saint I ^ 2011ASU-MNMerit Award for Planning DaIICumnty GireeiIk8innesuta River and IGreek, DaII county, MIN Comprehensive community park, bafl.recreation, and open space pUanninghave been important components ofGabrieUUe's work. Herabih1y10engage with sLakehoUdersisakey eUemen1inthe ,success of gmeenvwaypUanningefforts asisher skiUUatworking with community members 1odeveUopcreative soUu1ions1opUanningand designchaUUenges. Herpark and open space pUanningwork 1ypicaUUy invoUvesaddressing natural resources conservation, nature education, and cuU1uraU herbage, inaddition 10 meeting parks and recreation programming objectives. She has been a key contributor tmpUanningefforts for Dakota Cmwnty's innovative greenvvaynetwork, which isdesigned 10meet host of objectives reUa1ed10recreation, transportation, habitat preservation, natural resources conservation, and pubhcheaU1h. She has been invoUved inpUanningfor the network from its inception and has master pUannedaUUofthe greenvvaysinthe system. She has aUsoprovided pUanningand design services for improvement a1LakeAnn Park in Chanhassen.ThompsonCounty Park and LakeQyUUesbyPark in Dakota County, incUudingthe deveUopmen1ofdesign guidehnesfor the countywide network and master pUanningfor each ofthe greenvvays curren1Uyinthe system. GabrieUUehas aUsoprovided leadership for several comprehensive park and recreation system pUanning projects, meaning that she is abUe10 bring a strong understanding uf how individwaUparks fit within aUarger system. Park and Recreation Planning Experience ~ Comprehensive Nan Parks Chapter |StHUwa1er,II 1\1innehaha Park Refectory Site Nan Sea SaU1 Eatery | lIpohs. l\A N ~ GreenvvayK1as1erPUans(muffipUegreenvvays)|Dakota County, II ~ GreenvvayCoUUabora1iveGuidebook | Dakota County, II LakeQyUUesbyRegional Park K1as1erNan | Dakota County, II ~ Baker Park Reserve 1I Nan |"Three Rivers Park District, II ~ QyUUesbyand NieUsen Preserve Park K1as1erPUans | Goodhue County, l\A N ~ ParkK1as1er PUans | Ums1ed County, II ~ St. LouisRiver Corridor Neighborhood Park K1as1erPUans|DuUu1h.II ~ "Thompson County Park K1as1erNan | Dakota County, II ~ LakeAnn Park Improvements andTr iUFeasibih1yStudy| Chanhassen, II ~ Fairmoun1ParkVision | DuUu1h,II ~ VVoodUandTrflsPark K1as1erNan |EUkRiver, II ~ Great River Passage K1as1erNan | Saint PauU. II ~ Great River RegionaU7raiU K1as1erNan | Wright County, II ........................................................... THE TEAM �'J� �~= a Principal iDCharge Years of Exlpeidence� 20 Educardmm ^ Master o|Landscape Architecture and Bachelor ofEnvironmental Design University ofMinnesota Regis-uma-dun ^ Landscape Architect, Minnesota, License No. 4l954 Awards 2Ol8ASU-MNMerit Award for Planning and Urban Design St. Louis River Estuary National Water Trail Master Plan Duluth - Superior 2Ol0A|AMinneapolis Preservation Award k8ininehaha Park RefecuiryRenuvadun' Minneapolis Bryan has provided Ueadershiponseveral award -winning park and open space planning projects resulting inhigh quality design solutions that incorporate chen1and community needs, enhance connectivity, promo1esustainabiUi1y, and are economically viable. Qryan'scommunica1ions skills and his creativity have helped unite diverse user groups around acommon vision that can inspire Uong' 1ermcommuni1ysupporL. Bryan aUsounderstands the types ofissues parks professionals, from facilities managers 10program and scheduling specialists 10 maintenance and operations personneU.have 1oface. Hestrives 10 provide them with the planning tools they need 10address concerns and needs intheir respective areas ofresponsibility. Highlights ofQryan'spark planning experience include the Fairmount Park/LakeSuperior Zoo K1as1erPlan inDuluth, which has helped that community address criticaUflooding isswes;&8omme Lake ParkK1as1er Plan in Fridley, which addresses water quality issues; and a variety of park master plans and site concepts and designs for Olmsted County parks. Park and Recreation Planning Experience ~ AjpUePark Concept Planning | Stillwater, K1N � ~ Downtown Park Planning |StiUUwa1er, K1N � ~ K1innehahaParkway RegionaUTr iUK1asterPUan|K1inneapoUis,K1N � ~ K1innehahaPark Refectory Site Plan Sea Salt Eatery |K1inneapoUis. � yMN ^ ~ Nokomis'HHawadha Regional Park K1asterPlan | K1inneapoUis, K1N � ~ ParkK1aster Plans | Olmsted County, K1N � ~ Oxbow Nature Center Concept Design | Olmsted County, K1N � ~ Great River Passage K1as1erPlan | Saint Paull, K1N � ~ National VVa1erTr iU K1as1erPUan | Duluth, K1N � ~ St. Louis River Corridor Neighborhood Parks | Duluth, K1N � ~ Fairmount Park/LakeSuperior Zoo K1as1erPlan | Duluth, K1N ^ ~ K1oore Lake ParkK1aster Plan | Fridley, K1N � ~ Springbrook Nature Center | Fridley, K1N ^ ~ Hastings River Flats and Interpretive Center K1asLerPlan | Hastings, � K1N � ~ Downtown &Levee Park K1asterPlan | Hastings, K1N � ~ Nature Center Concept Plan | K1apUewood. K1N � ........................................................... ��� 8KPKE PARK PROPERTY 'MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL ~~� 11111 .� � ,� �� �F//, I � � � ,I m� etl` �^ �,Z U U Landscape Architect Educardmm ^ Master o|Landscape Architecture University ofMinnesota ^ Bachelor ofEnvironmental Design University ofMinnesota Regis-uma-dun ^ Landscape Architect, Minnesota, License No. B8O8 Nembeirshilps/AffiUiationo ^ American Society o|Landscape Architects- Minnesota Chapter Awards ^ 2015 MNAPAExcellence in (bmmunityEngagement Award, Grea River PasaageUin-It.eqpire-dve pUan'Sain-It. patA M Ni 1� � Sarah Ueveragesher background inecoUogyand green infrastructure inher park and recreation master pUanningwork. Her abih1y10 understand the ommmpUexand intermeUated factors that influence asite",, func1ionah1yenabUeher 1oes1abhshasohd1echnicaUfoundation for park concept expUora1ionand anaUysis. She has experience working as Uandscape architect in a water resources cmnswffing firm so has astrong understanding ofpark pUanningissues asthey reUa1e 1ona1uraU resources. Sarah aUsostays up-to'da1ewith current park and recreation trends 10ensure that she isabUe1oheUpher chen1s anticipate future needs and make informed decisions regarding parks investments and improvements. She isanexzeUUen1hs1ener and enjoys Uearningfrom her chen1swhat makes their communities unique. Sarah's park pUanningexperience incWethe � le&8ni Can -Barn fflwff K1as1er PUan in Red VVing, which has Ued to a series of improvements to 1he1rafls and have addressed pubhc safety concerns; the Lake QyUUesby ParkK1as1er PUan in Dakota County, which incUudes initiatives 10conserve and enhance the mos1UyundeveUopedparMandonthe western edge ofthe Uake;and Lebanon Hffls7raflAU1erna1ivesin Dakota County, which empUoyedarigorous evaUua1ionprocess 10identify a 1rafl ahgnmen1that vvouUd protect sensitive na1uraU resources but s1ffl provide ADAaccess 10the park's vveUU'preserved interior. Park and Recreation Planning Experience ~ AjpUePark Concept PUanning|StUUwab*r,K1N � ~ St. LouisRiver Corridor Neighborhood Parks K1asterPUans|DuUu1h. � yNN ^ ~ Lake B�Uesbv Park K1asterPUan | Dakota County, K1N � ~ K1oore Lake ParkK1aster PUan | FridUey, K1N � ~ Hok Si La Park K1as1erPUan | LakeCi1y, K1N � ~ A.P Anderson and K1emorW Park Concepts | Red Wing, K1N � ~ West Side FUa1sK1as1erPUan | Saint PauU. K1N � ~ Lebanon HfflsTr flA1erna1ives EvaUua1ion | Dakota County, K1N � ~ S1. Louis River CorridorTr fls PUan | DuUu1h, K1N � ~ QyUUesbyPark and NieUsenPreserve K1asterPUans|Goodhue County, � yNN ^ ~ I\Aa�ewood Nature Center Site Concept Design | I\Aap�ewoo . l\AN ^ ~ K1innehahaCreek RegionaU Park K1as1erPUan | K1inneapohs. K1N � ~ Nokomis'Hhawa1ha RegionaU Park K1as1erPUan | K1inneapohs. K1N � ~ Oxbow Nature Center Concept Design | Umsteyj County, K1N � ~ le &8ni Can -Barn ffluff Park �MasterPUan | Red Wing, K1N ^ ~ K1innewash1a Shores Rain Garden Design | Chanhassen. K1N � ........................................................... THE TEAM �'j� �~� Project Experience Parks, Trails & Open Space Planning Jason is regularly brought in to participate in parks and open space planning activities. His experience with natural resources complements park and open space planning by developing sustainable landscapes that enhance biodiversity and increase public interest in green spaces. Jason leads planning efforts through FOR and frequently collaborates with planning firms as a subconsultant. Lake Byllesby Regional Park Master Plan Dakota County Parks Department/ Biologist-subconsultant. Collaborated with the park planning team as a natural resources specialist. Responsible for conducting site inventories, providing guidance to the park Master Plan and attending meetings both with the public and park planning teams. Olmsted County Parks Masterplan Olmsted County Parks Department / Biologist-subconsultant. Collaborated with a partner firm to prepare master plans for several regional parks in Olmsted County. Responsible for mapping of existing natural resources in the newly acquired parks and utilizing existing Access/GIS database to update restoration & management projects for the largest park in the County system. Whitetail Woods Masterplan Dakota County / Biologist-subconsultant. Reviewed existing natural resource data and provided restoration recommendations that were included in future park improvement activities. Responsible for coordination with planning agencies and attendance at team meetings. Fred Richards Golf Course Master Plan City of Edina Parks Department/ Biologist-subconsultant. Participated in the project as a natural resources advisor to the park planning team. Responsible for conducting site inventories, providing guidance the park masterplan, and attending meetings both with the public and project teams. Developed a strategy in the planning concept to build a high -functioning wetland system within an urban park that is eligible for wetland banking credits. Riverwalk Trail Master Plan City of St. Cloud Parks Department/ Biologist-subconsultant. Worked on the park planning team as a natural resources specialist. Conducted a site inventory and provided guidance to the park masterplan. Responsible for developing a riparian habitat enhancement strategy that created shallow backwater areas within a channelized reach of the Mississippi River. Minnesota River Greenway Trail Dakota County / Biologist-subconsultant. Conducted a field inventory of proposed trail alignment to identify potential ecological concerns. Provided trail planning team advice related to minimizing ecological/wetland impacts and avoiding sensitive calcareous fens. Services included wetland delineations, preparation of a calcareous fen avoidance plan, meeting attendance, and close coordination with trail design team. Moorhead River Corridor Moorhead & Fargo -Moorhead Council of Govnm't/ Biologist -sub. Conducted inventory of newly acquired park lands following home buyouts. Planned restoration activities, attended public meetings, provide implementation costs & schedules for restoration activities, and plan writing. ason Naber VVDC Senior Partne Environmental Scientist Jason Naber has 29 years of experience in natural resource management and ecological restoration. He has been the project lead for several resource management plans, Watershed Restoration and Protection Strategies (WRAPS) and a One Watershed- One Plan. He is very familiar with environmental regulatory programs, wetland banking and routinely conducts rare species surveys. Jason is an experienced project facilitator. He is an effective communicator and is frequently invited to give technical presentations and participate in educational seminars. Education 1992 Bachelor of Arts in Biology, St. John's University Continuing Education 2002 Rosgen Stream Geomorphology 2005 Systematic Development of Informed Consent 2012 MN DNR Field Guide Training for Native Plant Community Classification 2013 Wetland Delineator Certification (WDC) 2014 MN DNR Stream Restoration - Assessment and Monitoring Areas of Expertise - Natural Resource Management, Restoration & Planning - Watershed Planning - Wetland Regulatory Process & Planning - Wildlife Surveys - Prequalified rare species surveyor (MNDNR) Professional Activities - MN Wetland Professional Assoc. - Instructor for BWSR Lateral Effect Training Seminars - Advisor for MN Drainage Manual update - Advisor for Metro. State Univ. Science Masters Degree Program - Advisor for Corps of Engineers' Red River Watershed Management Plan AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Project Experience Stream Assessment & Restoration Kevin is one of the region's leading stream restoration practitioners. In a young and rapidly -evolving industry, Kevin's nearly two decades of experience puts him near the top of the field. Kevin leads EOR's team of stream restoration/stabilization professionals. His experience ranges from design -build habitat restoration for Trout Unlimited to watershed - scale assessments for the Environmental Protection Agency. Construction Projects: Middle Rice Creek Restoration Project [Phase 1 & 2] Rice Creek Watershed District / Project Manager. Managed the design, permitting and construction of one of the largest stream restoration projects in MN to date. Over 2-miles of formerly ditched suburban Rice Creek was restored to a natural meandering flow path. Minnehaha Parkway Trail Reconstruction* Minneapolis Park & Recreation Board / Fluvial Geomorphologist. Managed the design and construction of streambank stabilization and stream realignment in association with 10-miles of trail reconstruction. Mud Creek Restoration Red Lake Band of Chippewa / Fluvial Geomorphologist. Provided natural channel design input and bank stabilization techniques, including toe -wood stabilization to dam removal team. Brown's Creek Trail Stream Rehabilitation Brown's Creek Watershed District / Project Manager. Identified instability/opportunity and garnered necessary trail realignment support from MnDNR as part of a rails -to -trails conversation. Managed the design of the corridor realignment and floodplain restoration and facilitated construction as a component of MnDNR's trail project. Parks & Natural Resource Restoration Kevin has developed a niche in the design of natural-resourced based park systems; based on his unique blend of experience in landscape architecture, ecology, and water resources. Kevin has managed and/or contributed to over 30 parks and greenway systems. A summary of his recent work includes the following: Harriet Island Park Improvements St. Paul Parks & Recreation Dept./ Design & Construction Manager. Managed 1.6 million dollar Mississippi River waterfront renovation. Modernized trail and utility infrastructure, stabilized the degraded shoreline, integrated sustainable and restorative elements, and reconnected this historic park to the river. Mill Park Remediation & Master Plan City of Little Falls and MN Historical Society / Project Manager. Managed development of a park master plan for the Hennepin Paper Complex, a historic, contaminated, and ecologically sensitive parcel along the Mississippi River. Responsible for garnering necessary buy -in from opposing interests groups and stakeholders. Bruce Vento Nature Sanctuary St. Paul Parks & Recreation Dept./ Design Landscape Architect. Designed the park elements (trail system, created wetlands and groundwater -fed brook) of this reclaimed urban brownfield. Worked with citizens groups, Native American community, and various LGU's to preserve site's culture, landmarks, and environmental resources. Lake Phalen/Round Lake Channel Improvements St. Paul Park & Rec. Dept / Project Manager Managing the design and permitting of the conversion of a historic, degraded channel into a water resource amenity. Kevin Biehn ASLA, CPESC LEED AP BD+C Partner, Landscape Architect Kevin has 23 years of experience as a landscape architect and stream specialist, which affords him the opportunity to exercise his analytical and artistic sensibilities. Kevin has managed a diversity of challenging projects including the 1.6 million dollar Harriet Island Park Rehabilitation, the Rice Creek Meander Restoration - one of the largest stream restoration projects in the Midwest, and Organic Valley's LEED Certified Headquarters. Education 1998 Bachelor of Environmental Design, University of Minnesota 2000 Master of Landscape Architecture Minor: Water Resources Science, University of Minnesota Additional Training 2001- continuous: numerous Rosgen & various stream restoration courses 2004 Kinship Conservation Institute Fellowship, Montana 2005 Systematic Development of Informed Consent 2008 Natural Step 2010 Certified Water Harvesting Practitioner, Watershed Management Group Professional Registrations #42529 MN Reg. Landscape Architect #623-014 WI Reg. Landscape Architect #00634 IA Reg. Landscape Architect Certified Professional in Erosion & Sediment Control Areas of Expertise Sustainable Site Design/Research Parks & Natural Resources Restoration Stream Assessment & Restoration Ravine, Bluff, & Lakeshore Stabilization/ Restoration FOt THE TEAM (10 Miller fL Denita is a Principal with Miller Dunwiddie and has been with the firm since 1996. She has developed a passion for working with existing and aged buildings, and adapting them to the needs of today. She has a successful track record of managing complex projects from building assessments to concept development and planning to scheduling, estimating, and client/contractor interaction. Her work blends her understanding of the practice of preservation with the practical need to change to allow elements of our past to be revitalized and retained for generations to come. MN Licensed Architect No. 40489 Professional Qualification Standard (36 CFR Part 61) for Historic Architecture as part of the Secretary of the Interior's Standards for the Treatment of Historic Properties. Bachelor of Architecture and Environmental Design University of Minnesota DENITA LE ON n c pa I n Cho rg Tettegouche State Park New Rest Area and Visitor Center Westwood Hills Nature Center, St Louis Park, MN Master Plan Wargo Nature Center, Lino Lakes, MN Feasibility Study Lake Waconia Regional Park, Waconia, MN Master Plan Amendment Three Rivers Park District Gale Woods Farm Park Grimm Farmstead Restoration Silverwood Park Master Plan Paramount Theatre, Austin, MN Master Plan, Rehabilitation and Addition Mabel Tainter Theater - Menomonie, WI Restoration and Addition of modern visitor amenities Chateau Theatre - Rochester, MN Feasibility Study and Master Plan City of Grand Rapids Minnesota Old Central School Historic Assessment City of Eden Prairie Minnesota Eden Prairie Farmhouse Stabilization City of Minnetonka Minnesota Evaluation and Town Hall Relocation City of Rochester Minnesota Chateau Theater Reuse Study Hennepin County Rogers Library Exterior Assessment and Rehabilitation Schmid Farmstead Ruins, Minnetrista, MN Historic Structure Report Peavey Plaza, Minneapolis, MN Historic Structure Report tr AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Miller Tom brings over 40 years of experience in the construction industry, including 8 years as an Owner's Representative with the University of Minnesota and 20 years in the United States Navy Seabees. His experience managing many construction projects throughout the state of Minnesota adds great value for quality control and constructability review. Tom also provides cost estimating at key stages of projects, to enable early discussion of budget strategies, cost alternates, and project phasing. Various Courses University of Minnesota University of Maryland Navy Seabees/Civil Engineer Corps 40 Years of Experience TO HOFFOSS Cc)st EstiHmatcy Tettegouche State Park New Rest Area and Visitor Center Three Rivers Park District Silverwood Park Master Plan Schmid Farmstead Ruins, Minnetrista, MN Historic Structure Report Unity Church -Unitarian - St. Paul, MN Facilities Assessment, Master Plan and Expansion First Universalist Church - Minneapolis, MN Renovation and Expansion Grace University Church - Minneapolis, MN Master Plan, Addition and Renovation Basilica of St. Mary - Minneapolis, MN Renovations and Improvements Minnesota Historical Society - Various James J. Hill House, Soffit Replacement and Redesign Historic Forestville, Exterior Building Rehabilitation Oliver Kelley House, Historic Structure Report Oliver Kelley House - Elk River, MN Historic Structure Report Masonic Temple - Winona, MN Historic Structures Report Roof Replacement and Structural Repairs to Roof Framing Performance Use Upgrades State of Minnesota Governor's Residence Restoration, Repairs, and Infrastructure Improvements State Office Building Facility Assessment and Predesign Capital Complex Physical Security Improvements Centennial Office Building Waterproofing Repairs THE TEAM 22 1111111 111111 11111111 111111111 11111111 1111111111 1111111 111111 11111111 111111110,11111111101 1001111111111111011,111111,11q11111111111111)m 1111111',1,11""11'11 q"" H1111, H111111 l''':.,1111111'11111111'1111)111111,11,1,11 1111 1111,11 ,„,,,1,1,111t1,t 1.#,"[I'1:1!(1111:1:1'11 ,1,1,111111111111 p,1\1,,p 23 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL H KG i Senor Planner 0111ce of Planning Dakota County 952-891-7036 john.mertens@co.dakota.mn.us o f Director Parks, Recreation and Community Education Hutchinson School District 320-234-5637 dolf.moon@isd423.org a rc Kan 11 e„ Parks Administrator Wright County 763-682-7693 marc.mattice@co.wright.mn.us HKGi and EOR m„„eshovsky, Community Development Director City of Moorhead 218-299-5'374 kristieleshovsky@ci.moorhead.mn.us 11„„isz11„„i,AolkIkz11,a„ Project Coordinator City of Duluth 218-730-4300 lluokkala@duluthmn.gov Miller Dunwiddie ,J,zson,Zie inn Ike, Sr. Manager of Architecture Three Rivers Park District 763-694-7601 jzemke@threeriversparkdistrict.org Pet e S 0 111, Architectural Supervisor Minnesota Department of Natural Resources 651-259-5486 peter.paulson@state.mn.us 111111111 The following pages include examples of the HKC team's experience conducting park planning that addresses similar contexts, characteristics, and topics as those anticipated for the Ape Park property. EXPERIENCE AND REFERENCES Minnehaha Park Refectory Renovation and Site Improvements MINNFAPOI IS MINNESOTA nnn 'nnn'111(111,1,1',1.:11,1,n,n(Nln,ni11111111111ffilmilinninninnnnnnnnnnnnnnnjnninn,,,.......,,..nonn.nnnn „,„nnilltninnninneennn"",„n,,n,nnn..., 00011111011011liou ""'""(r 111111111111 11111111111 IIIIIj .1:11111111 ntlinnInInn n!innn",nn:;',""nnInInnInnnunno ,11,11,1,1,1,nn,1,111nn"411::1I1;;;;;,1",!„',!,..nnl.,1,',",,,;;,:inn„nnnnnin„ndnnnnnindll,11„,,,.n,nnnninnnninnnn.nninnn ,,AnnlInnnInntilf0 "n'n''n'inn.nnnninnnnInn.nn ....,',.,,,nn....n.,,,,a111111111111111111111111111111111,:: In nnnnn'n!nnninninnninnnnnnnninnnnn'nnnj.:nn':'''::::... ' „.... " 11,111111,1111111,,,,,,,, Miner Dunwiddie and HKGi provided architecturai and site design leadership for the renovation of the historic Refectory Building at Minnehaha Park, the current home of Sea Salt Eatery. The design team worked closely with the MPRB and Sea Salt representatives to create a site and building pan that accommodates anticipated restaurant improvements and helps resolve the functional issues surrounding the Refectory. In addffibn to modfficatbns to the Ibukhng, the project created a new bypass trail connection from the parking lot to the Minnehaha Fans viewing area to reduce conflicts with restaurant patrons. The renovation also enhanced and expanded outdoor seating areas near the fans, created much -needed space for bicycle parking, and irTiproved the drop off and dradatbn for tour buses and food and beverage ddivery by modifying the existing circle drive on the west. The final pan accommodates the tenant's desfre for an expanded restaurant area while also considering the MPRB's goals for enhanced pubiic space and a new, four - season Refectory building. nnesota fi,lur ,,111 Al 5 Minneapolis Preservation Award, 2016 Summary Renovation and reuse of historic structure External and internal trail connectivity Address bicycle and pedestrian circulation ,ninnunnn;''' n lInn..n.r. »innonnni"ci 2,5 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL River's Edge Commons ELKRIVER, KA|NNES8TA � '--'^' .-1 : �I �J11, � ANN Surnmary ^ Reuse ofvacant downtown parcel v,vpark and public gathering space ^ Design that maximizes ,iverfmntviews and river access ^ Features public fountain/splash pad River's Edge Commons Park, Uocated in the heart of downtown Elk River, Minnesota, connects II Street to the adjacent Mississippi River. Taking advantage of the river's natural ability to attract people, the park has given the community a popular gathe6ngspace and haspmmMed as�gnfficanteomnmmmk boost tmthe downtown business district since opening in 2007. HKGicompleted all stages ofthe project, from schematic design through construction administration for both phases land 2. Phase ldesign incorporates an overlook plaza with shade trees and a popular in -grade fountain feature at the street UeveU.a grand staircase with a1erraced stone amphitheatre onthe hillside, and aperformance area with pavilion onthe bank ofthe Mississippi River. Its popularity inspired the City to retain HKGi to Uead the design and construction administration for a Phase 2 expansion. Highlights ofthe expansion include expanded Hmes1one seating, an enlarged stage, and riverbank restoration planted with native prairie species. =�������J�/� �HIM The parks nomm/omphitheoterpmvide onnuts,onding venuefb/performonos while the entry plaza creates ograceful connection tnthe historic downtown. ��umx^x m(xIro/ xwf m//( I ', 'm1 Nx/exA Merit Award, 2013 Award of Excellence, 2009 EXPERIENCE AND REFERENCES 2� Park System N-wmmN���ummwmmpmmm ��wmmwmmpm N-Nwmmmmw 01 KASTEDC8UNTY,KA|N NESO-FA �^ ' �h Ifffj, V .,Off~�� 46 ME HKGi recenfly worked with Unnsted County to conduct a master pWining process for each ofthe Coun1y'sparks: Chester Woods Park; Oxbow Park and ZoUUmanZoo; Root River Park; and White Bridge Fishing Pier. Community engagement focused primarfly on coHecting input on resident and stakehoHer use of each park and on their needs and desires for the future deveUopment of each park. 'The IMaster Hans for Oxbow and Root River Parks formed the basis for a request to designate both as regionaU parks. Reports assembUedfor each park contained notes oneach park'scontext and s�gnfficanoevvftMn themeg�mn and an anaUys�sufeach park'sex�st�ngomndft�mns consisting of inventories of its recreationaU facHities, programming, topography, geoUogy,so0s.vegetation, vv0dhfe.and cuU1uraUresources. HKGi pUanners aUso Wentffied�sswesand mppmrtwnft�esfor enhancement mrexpans�mnufeach park and Wentffied current mecmeat�mnaUand demmmgrapMc trends that mm�ght�nflwenme park system decision -making during the Hfeofthe master pUans. Each report concUudeswith aDeveUopmen1Han that ou1hnesrecommended initiatives to address topics such as facHity improvements, programming, and acquisition; a NaturaU Resources Han to ensure proper Uand management and stewardship pohcies and strategies are impUemen1ed;and an |mpUemen1a1ion. I\Aanagement and Sustainabihty Han that addresses topics such as operations, programming, funding, marketing, and evaUua1ion. " � ^ , ° ' 01�� The masterplanfor Root River Park (bolmmright) included recommendations for reuse nf(in existing house within the park. The project ohnincluded creating o development concept for the While Bridge Fishing Pier (top right). Smnmnmary ^ Park master plans for 3 parksand afishing pier ^ Master plans used v, foundmionfor regional designation applications ^ Natural Resources Plan and Management and Sumainvbi|hyP|vn E 2'J AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Red River Corridor Master Plan MOORHEAD, MINNESOTA IA IP ROW MP NTS TO CiR1 [API HLPLLPtriIRAPPVFLI ILILL II PMJ MONA! M1P:11,17110NT PARKS PL. AN NICEND ' "common, A d,4 ,pr 4.74,44 , ,for 01014141001 ;IMAM' Andramorda' hyPee. ,LoPtLteLL ePPLumkg00 L;L „poopLai kr a aim kaVar OM 10*A* iraa floot44,44,:m M1919197, AtVitEiktAil,“ MO011ItiMMI*11 $ 1(1)0011014,NIRMI • INFAMUOMMIlltlx • adit hMoVelffl' • Ammo 41, Noptugo ,0,11 r tkrakkPaaraLr' ...kkgkgkga gal kg, kg, al l'kpigkka mow ,Jf • .4.3. Avi"!.lfig.4i4o 1,„„ [mum! daararaanra 11WWW AFASOMINAMILi velorgiino$Firimv. 11 siorrommow 0,„!,,, „ At Nick, 106411„tilt.mlie , mail& trid; 146 Ar, brining tra 6000 ,0 :a!4,001112:ALIA (.1.7)ii4wtd weig rpoOr *Vire war' kaakkarkargr''" 044k 1110105 rhypamf, niamihr.t5„ 44:0, 1.4r ,1% h $661W4e2 -Idlhampirkki,„ dairkoromitet & ,,Ii:015,9q,40,011111Y„9P1',Vtg!!kj0,0 PLOPPPLPP L. POP IOW Till.. 11 'Y'ra ado di alawardes prdart;.,11 Vara araparty de P KAMP POT IPPIOLIP.. RIVERSIDE THALL, ,RiNcier; In 2014 the Fargo -Moorhead Council of Governments and the City of Moorhead hired HKGi to prepare a master pan for the pubhc and along 14 miles of Red River Corridor that had been acquired for flood rngaijon. The new pubhc and along the river was a unique opportunity for the City to not ony acNeve ts flood rrijgaton goals but reconnect to the rover corridor and transform it to a visiUe and pubhdy accessiUe source of pride, beauty, cukure, and recreation. The Master Han presents a ong term vision for the corridor side by side with implementation actions that can be undertaken in the near term, within current budgets, and ownershO, and flood protection nfrastructure. The Master Han: • Addresses flood rrijgaton strategies • Proposes poky for ease/side of pubhc ands along the river corridor • Outlines strategies for the dehneation of pubhc & private and • Identifies a rover trail agnment, pedestrian brk.ige ocaijons, & pilores • Defines acthfiljes and concepts at recreation nodes • Guides natural resource stewardship & restoration • Recommends interpretive themes & strategies • Guides impementation: priorities & phasing, capita & operational budgets, funding, & partnership opportunities inhoopholoy 1000000000 ?MS INT Award !talratup 'ardru wawa• 1 wararra Itadataa ! paitaKdrahrora wrcareary 2015 Planning in Context Award Summary • Emphasis on natural resources planning and flood mitigation • Provide access to riverfront Key implementation steps include prioritization and phasing of improvements, cost estimation for operations and maintenance 111111*„lII ,1111 ECR EXPERIENCE AND REFERENCES 28 Greenway Master Plans To Minnesota River a � � E-xbdng Soft Surface Trail Minnesota River- Floudp|ain �~ ^ ° � � Active Railroad - Greenway[urhdur ^ stewardship land Sibley Memorial Hwy Opportunity for Slope Stabilization and Habitat Restoration � Since 2&&9HKGihas worked with Dakota County onground-breaking master plans for its county -wide greenwaysystem. "These projects represent the first regionally-clesignated corridor master plans in the"Twin Cities to intentionally combine the functions of water quality, habitat, linear recreation, non -motorized transportation, and interpretation pUanning.Themaster plans are rooted in the directives outlined in the Dakota County Greenway Guidebook, developed by HKGi in2&&9.Theprojects exemplify HKGi\long-standing approach 1oinfusing ecological functions into community planning and infrastructure investments. ThepUanshavebeenpreparedasmodeUsinbo1happroachand^designsigna1ure^ for future greenvvaymaster plans 1ofoUUovv.Themaster plans: ~ Provide strategic guidance for future greenvvaydevelopment ~ Integrate recreation, transportation, natural resource management and improved water quality ~ Provide recommendations for natural and cultural resource stewardship ~ Identify greenvvay1raiU aUignmen1, interpretive themes and design direction ~ Recommend implementation strategies for land pro1ec1ion, development phasing, capital and operations budgets and funding. � p ExbdngBig Rivers Regional Trail 11'� � w Opportunity forStomnwater, Plantings mMw/wxsorx /K4 �� ASLA Minnesota Chapter Merit Award, 2Ol2for North Creek Geenwmyand Minnesota River GeenwmyMaster Plans Smnmnmary Planning Greenways to meet muWNepublic objectives related *nrecreation, transportation, natural resources conservation, habitat preservation, and cultural interpretation Engagement with land owners and community members *n promote stewardship 29 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Lake Byllesby Regional Park and Byllesby Park Master Plans DAKOTA AND GOODHUE COUNTIES, MINNESOTA Uto(144(441 119410.1'.6{0/hi ',/n/r. rigri rr,r,r 0441*11,4114# 10,10,,,504,004 ew.timA. 11,4/10$NOMM/M91011WANIVIIII'ltnigil PlOgiN44141400 ilj'ImmoNatikkalmvA,11WWWW1111* km600044,4004 ,.,,i4,461VaN,y,tovitt,iniffi.01406,0,01101j' I, la,,,v44ffinik,060400660,461., "f 17#94'411'0 marr(orrouramoroirrorkirldiryr 11( rurroahr,r(frori iwfr forrrprrorrOgrrororroktro0),rrors(rW(rri mor(roorrkoroorr(boo rmir A rErinia NoroorirrAroirwrotmoro(Nrarrirrok ropgrworwr(rorkprftrormo frg,1 (orrrgo bda,moworooviomom foo04,0,..w 6$0,,,040 fr" oiitmosoit„,1004,44pjfAgoii* ,l'o4k,gw. ,4 (4,Vor40,4:447:1011,1,,, ioirOHJ104,4110, nOWnn010%c**00,0 111,411, HKGi ied the master pianning process for Lake Byllesby Regional Park in Dakota County and for Byllesby Park, which lies just across the Cannon River in Goodhue County. In order to provide budgetary el ild'endes, and in recognition that the two parks share some similar issues and can serve as complementary parks to one another, HKGi conducted the planning process for the two parks in parallel. Planning for Lake Byllesby Regional Park is complicated by the non-contiguous nature of the park, with a large portion of the park located on the iake's east bank and a smaller portion located on the iake's west bank. HKGi has conducted an extensive community engagement process to ensure that the park is sensitive to adjacent property owner's concerns while still provides users with the highest quaky outdoor experience. The master pan concept includes expansion of the park's campground, prairie restoration, creation of scenic overiooks, trail improvements, and enhanced access to the Cannon River. tavt Lake Byllesby Park Master Plan Pteromed (otKept 1.(Airrrelm (aurally, L forval(urt (aunt( lifturdurrOhr Crmirroorra vr,reorrom Npyre#14,,,Ti, ,PA 414, 1,141W, IVA Ire,4011)01RA1. g'/IYMBVA141,9 '1,11',6P,M141)4N84,1'1,410 irgdottrrlhVirgrw y rr 4rmnrrrrp) rwirrumorr, roor4 „, rrVir.1446,41,4,42,41 ' "11'1:1111'1"11 '41 „AY $1,0*(49414400ARA 1,06494 ir.41/1,hum ,itt10,110 4.B1,101Jir 440' 101#4*.R*40inft$01110044.',... 11,1M114010111101,1rmr MM [11,M.6 '1/0.0,0),rru 1.11,01,1 Mingi,i149,01111,11040[1111.Y.0111"0.KIWIRWA 1,11,41, p'119011111RAISNOWAIVIA. N.110.0 thq VdA 10111,11111'111INO&, rk.11,M1,1,KOMAJI"IIWOR 14f94"Mil"NOSH PffiliVANI„ Summary • Collaboration with Dakota and Goodhue Counties to maximize efficiency • Non-contiguous park • Western park property mostly undeveloped, focused on natural resources conservation EO A EXPERIENCE AND REFERENCES 3 0 ���N�~��~ 0�����N��������N��N �0mm� ��0~�� Park Master �0�mm loiiiiiii« �1W � M � � . °'.' ^^/^".'/ �� � � ' � "~A#jW,,m,.�p~�_ M,�� , � o HKGi worked with the City ofLakeCity todeveUopavision and strategies toguide future investments in this weH-used and weH-situated park on the shores of I ake Pepin. 'The park's beach and campground are popuUar destinations for visitors frmmmammwnd the region asvveUUaswithin the city, but the park aUsmbenefits frmmm connections to regionaU trafls, a boat Uaunch, unique event hosting facHities such as the chapeU, and its wfldhfe, especiaHy the migratory birds and the BaW EagUes that winter in the park. The park aUso contains high quahty native pUan communities that aUsocontribute tothe park'svaUueasanaturaUresource. Despite the park's many advantages, the City nevertheUess recognized the need topUanfor future improvements and for its future upkeep and maintenance. WhHe the topography of the park Hnnits the addition of new or Uarger amenities, HKGi worked with the City and community members toidentify avariety of opportunities to enhance the park's abihty to continue to serve aH of its patrons. 'These initiatives incUude recognizing the park's many strengths and taking steps to ensure they remain strengths, maintaining the park's roUeas an outdoor education hub, improving connections to downtown I ake City, and preserving the regionaHy significant Uandscape to be found in � lmk-SHLa. 'The [Master Han outhnes a variety of strategies and opportunities to improve some of the park's facHities and programming, and aUso incUudes recommendations to manage the park\substantWnaturaUresources. � Smnmnmary ^ Significant natural resources in park, focus onrestoration and keeping those areas undeveloped ^ Natural resources planning � 02, � AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL St�� 0��~��~��������~������~��������������N��� . Louis �m�mm0��m ���0�NN��mNN�����m��0�mm� DULLrFH,M|NNESOTA , - » m ���� _,_ ��� �� ����K = � ~— ~� .������-�.�. When HKGideveUopedthe Parks and Recreation Master Han and 1he7-ra0and Bikeway Master Han for the City of DuUuth, one of the City's objectives was to upgrade its park system in order to attract recreationaU tourists as weH as new empUoyersand residents who share aUoveofoutdoor recreation. ThepUan acknoMedged the St. I ouis River Corridor as one of the city's more underutflized na1uraUamenities, and since that time the City has increased pUanningand investment aUongthe corridor. Because parks and recreation are important components of the corridor's outdoor experience, area parks quahfy for up to $5&.&&&oftourism tax funding. HKGi and EOR have coHaborated on the mini -master pWining process for eUeven neighborhood and muffi-use parks in the St. I ouis River Corridor. Each mini -master pWi incUudes an overview of existing conditions; a needs assessment; an inventory of strengths, opportunities, and issues; a concept master pWi; and short -and Uong- termphasingpUansvvi1hcos1es1ima1esforeachindividuaUimprovemen1ac1ion. Each park isunique insetting, context, use, issues, and needs. Smmmeoffer active recreation, others offer passive recreation and scenic vistas of the river. Combined, the mini -master pWis constitute a Uong range pWi to meet the recreationaU needs ofthe St. LouisRiver Corridor and the City asavvhoUe. |nconjunction with other parks and recreation initiatives in DuUu1h,1hese mini'mas1erpUans vv0U create the recrea1ionaU infrastructure necessary to make DuUu1h a regionaU recrea1ionaU tourist destination. � ~ � � / A?Fl Smnmnmary Master planning for ll podu Cost estimation for improvements Mixture ofactive recreation parks and parks with vnatural resource preservation, water quality improvement focus � , � EXPERIENCE AND REFERENCES 32 Lake Ann Park Improvements and Trail Feasibility Study CHANHASSEN, MINNESOTA 011001111111111111111 „,111,11110111i4k11 101 E441.1114.1114 A.. ign111 1,10;4 It+ c r -„,„ele1r, 1111111111111111111111l411 111111111111 . . ........„ ..11..........11411 , Ill. 1111. . ; 0.414.,...1.1111411111.11 Re,.....1,1,11,111,111.11111,114.,4,;;:.4.1.E11./..1..m.,..Eje.,1ER‘„4„.,;411,111:11114.111;111, 111 lil.,.1:!:(17„,„,„ . 1;44.1,..;11;..1i1410411,1111.11411114'.14.4.., ,„ ... , !Illlb 1111 :4,..,,,„1:;;.4.ek;,41111111111111111111111k11.4;1,...; ,1111111111111111111111111110.E. 01111110 IIIIIIillIllIll0100111111r1 1 '111111,,eell,11111. 111.11 1.111 .0414111 o 1,1)1 1111111111111 11000110' 111111 osomoo ESE 11 A, S VS 0 N P RESER V ATI() sue 111,11'11 110C,11./1511111 411Y,If Pfto,,IP'PaPV0:3 LA1 E 4.1.1141.44EE114.4 P1.0 Aki11.4.11 1,311fi,1111i, A I rEtp .1 RAN' 11,11"',11X1041 R,Pik RP n10 ("if Ili ON 414.411 11.1154; 11114111,1111flyec seeee eeele111 /111 M1101./1111( 44C „ E HKGi has been Chanhassen's park planners since 1977, having worked on a variety of park improvement and construction pans and projects. One of many projects competed for the City includes park improvements to Lake Ann Park, a 102-acre community park that is one of the city's most popular parks. Since 2008 HKGi has panned, designed, and administered construction for improvements such as a lakeside staircase, monument entry signage, trail extensions, site design for a new concessbnsfacfflty, and a maMtenance buffer layout and pIanijng pan. The stafrcase mprovement project nvoIved a .*)nfficant grade change through a wooded area, wMch requfred a .*)nfficant Ieve I of detail and construction administration oversight HKGi's landscape architects ako conducted an evaluation of the Aquatic Invasive Species Best Management Practices being used at Lake Ann Park. More than 3,000 inspections were examined, from Lake Ann and two other lakes in Chanhassen, and then HKGi worked with the City to identify improvements that could be made at the park based on this evaluation HKGi recently competed a feasibility study to add a trail that connects high quaky, undeveloped and on the Iake's western shore to Lake Ann Park on the eastern shore. The trail project became possible through the City's acquisition of and formerly owned by Prince. 111.1 C.; Er) E per oT 0 s t NAV P111 e eee P R "MC, 1444 101,(1111(9 H11fii.11,ih:' 4WD 1111,11!;, Summary Improvement projects included construction of a new lakeside staircase and a maintenance buffer plan Evaluation of Aquatic Invasive Species and application of related BMPs Lake and Trail Feasibility Study on land formerly owner by Prince would connect new parkland to current Lake Ann Park 3 3 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Baker Park Reserve Master Plan WET RIVERS PARK DISTRICT, MINNFS0 TA 11 'cout ' , ,rvymor, 4," , f,"" f tiaxwerf,'..pho lop 4 4 4 6*k 10, 16f, "ArOirt, 4;414 Conivrft, 147 PAIA, UM; „ "Wo Eon 111141,, IARAINIlarronx. hrrittocner.111 /; A melml „„ A NEMIRYIPMMIDJI, Meot10106o 0 th,o.wpiwnw Mtellarulbeln SA.mbniaaffil.ken Pd. M -"P d44. rdfJ ,111.0 Ito.FogOn, rfral'44,1 ANiHR.4„1, HKGI was retained by Three Rivers Park District to lead the master planning process for this 3,000-acre-plus park in northwestern Hennepin County. As its name implies, the park is a natural -resource based reserve that features a combination of lakes, wetlands, meadows, grasslands, woodlands, tamaracks, and wildlife. Despite its name, however, the park also contains a mixture of active recreational areas including a golf course, camping and picnic facilities, a swimming beach, and a creative play area. HKGi collaborated with the Park District to conduct a community engagement process that recognized the importance of these recreational uses and the need for modest improvements to those facilities balanced with an emphasis on addressing the park's natural resource management needs. HKGi also worked with the Park District to identify and evaluate potential acquisitions of adjacent properties to conserve additional high quality natural resource areas and improve water quality within and around the park. Other issues addressed by the master planning process include identifying potential trafihead reconfoguratons and better connecijvfty between the park' S trail network and adjacent regional and municipal trail networks. This plan is currently n thefinzfl phase of report drafting and revew, 0 Nye 11,,,,01.1,4,40041,03 Lew VJJ Summary • Significant parkland devoted to natural resource preservation • Emphasis on passive recreation and addressing the park's natural resource management needs • Identify and evaluate potential acquisitions to preserve high quality natural resource areas IflII EXPERIENCE AND REFERENCES 3ff Adaptive Management Plans for Scientific Natural Areas ' Moorror proorroko for iforsofiy* spireobt 010,0001 lop fiforrof Along in 1,11 of firNA irf 1110, 111111, comooll Orwatlyn0 ff 04*. siong odroo SNA lII ' 'kl'::1!!'?fIct'ifi,flr'lloirror,rilfrfrf0111101h011101111101D1111:)'11i B.R1 'Id JI? ICOreVir000 Ictonmq ond yrromo woody' MANNA? I 4,17,401 Wolk, wt, rrifrOtOffro If a 1,11,r1r10111111L,',,iirir,„1„ rH woodo roolorr ifgo orrorroII !IVfo tifOorf fiArirotil tido,wiroorto F el D.1 I )1+ 1(11 t1)1 pr V I it — Ir.i Summary EOR developed Adaptive Management Hans for 19 Sdentffic and Naturai Areas (SNAs) across the state of Minnesota.The SNAs included prairies, wetiands, oak savanna, confferous, hardwood and floodOaftl forests, as well as sftes protectMg geoiogicai features and rare species, such as piping piovers. Nan preparatbn iflduded desktop revews of sftes, fodd v[sOcs, and consukatbn Mth MN DNR staff. EOR assessed sites for naturai resource management needs including invasive species controi, prescribed burning, protection of rare & natural features, pant community restoration, & pubiic access needs such as interpretation, site rues, and site access. pans iflduded a detailed site deschptbn, sfte-specffic goak, SMART objectives, impiementation guideiines & strategies, and a 10-year impiementation scheduie. Client Benefits • Long-term ada0ve management pans written for 19 of 158 SNAs with sfte specific goak and objecijves dented. • Detailed sfte surveys and maps (ndu&ng shapeffles) of entfre sftes were prepared that identify iocations of management needs. • 1mp1ementatbn gukieHnes and schedu1es for natura1 resource management and restoration activities were deveoped. loy010111111- po,111111111111,1f„11111101111f1101' Location: SW Minnesota Ciient(s): Minnesota Dept. of Naturai Resources ECR 3 5 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Silverwood Park Visitor Center Si. Anthony Villoye., MN 14„IIII 4')V, ;Tr /441 4,, 0.10004F,041 °'/ 111 .111' , 1111111',',',HY III iiiiiiiiiiiiii11111111111liiiiiiiiiii1111111111111111111111,1,1,y,y,y,y,y,1„1„1„1„1„1„1„1„1„1„1„1„11,1,1,1,1,1,1,1,1,11,11„.„,„ 11,1„ lid1111111111111111111111111111111111111111111111111111111111 ' rr' Hiroo '" '" 0'40'7 Hoholloiloyilllolooll1111111111111111111111111111111111111 11111111111111111 1111 1111111011111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111,1,1,1,1,1,V 1111111111 1111000000000000011110000))))000)))))))))))))))))1))))1)),1,1,1,1,11,1,1,1,1,11,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,1,10,110011,1,1,1,11110, 1)1,0,),111 ,11,111111,1,, q,"" )p) )1111 V11041111111 Miller Dunwiddie designed the Silverwood Park Visitor Center with creativity, community and sustainability in mind. The 15,000 sf facility welcomes patrons with art gallery and lounge spaces, public restrooms and concessions and a 250-seat hall for educational programs and private rentals. The event space is an extremely popular wedding venue. The coffee shop features local, natural and organic foods - and one of the best patios in the city. Materials like the polished concrete floor were selected for their ruggedness and ability to contribute to the buildings natural design aesthetic. Opened in 2009, the entire project is designed consistent with the Park District's goal of connecting the public with the natural environment through engagement and art. ill qrh, ".' :1#1u ::111111111111111111111111111111111111111110000noliv,u,v,v,v,v,v,v,v,v,1 """"iiii1111111111111iiiiiii1111111111111111110110000000000 111'11111' "'" " ""' ,.1,1,1"1111,111111111'1111'1414111111111111111111,114 rrrrr11111,1,1,1P.rr,)iiirrr.:rrrr.rrrrrr,„III rrrrrrrrrr:r! rrrrrrrrrrrrr,..,..,...,rrrirrirrgrrrrrrroirlliorrllrrioirriiliollirordirlriyollIlloovoHprrrrrmmuluo 01111'111; ifir„,„,„„r„rr,r.r,riir,„.„„ir,iri.jr.r,:ir...,:;...„,,,.1i.„:„..„„r.,,,10011111111,111111111111,111,1r1,1r1,1r1,1r1,11,1rri,Illr,111111rirlli1111'111111,111111,1111,11,1111,1,1111,1,1,1,1,1,1,1,11,111,111,111,111,1,11,11,11,11,11,11,11i 111111111111111111111111111111111111111111111 r1111111011111111111111111riiii.„ 'fizo)tfr , Op:PPP 1111,4 lirrirrrrrrrr,rrrrrrrrrill 1111111 ,111 1i, IP!. 111111111 'IP' I I p111 IArrrkrr #A II 1 Prr 11 11 irrr riurrurri 11rr(11,frtere rr arm rirrr 11111111111 11111 #?1 Ok11111 t II 010 I I P, r ilk / Ire "111111111111111' Wet D nvvi cfci EXPERIENCE AND REFERENCES 3 Tettegouche State Park Visitor Center Silver Bey, 11)rli I'l ' !' 11,.„11.'''': Of ^1,,V71 ,roo 1,111,, ,,,:110, 1111111 lop 1.1:11.11.1:11.11.11.1D1J10010L101, 1111111 vvolvvii1111111,1, 1,11,11.1"1"11110!!,11,,I.,,,1101, ollo 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111.11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 i 11111111111 loll '000voloophi '1'1(1111'11(111'.(111(11(11(11illijlirouullv1111111,11,111111,11.1,,,,,,,,,,,,,,,,,,,,,i .l'ijil:,,,11;11 roJVD The project replaced an existing 1985 building with a new facility that combines a State Park Visitor Center and Highway Safety Rest Area into one landmark, resulting in a sustainable development for a sensitive site. In 2013, the new facility became a gateway to Tettegouche and the North Shore of Lake Superior. The timber -framed, "North Woods Lodge" style great hall welcomes visitors with a massive rhyolite fireplace and views of the lake. Park offices flooded with daylight allow staff to experience the changing seasons at the edge of Lake Superior. The building also contains a year round highway safety rest area, campground registration and climbing permit services, a public meeting space, and natural resource interpretation of the unique landscape. M IIIII111111111111111M111111111111111111111111 111111111uIDI MO MI MO 0 MO 111 IiII M 11311111 MIMI M111111111 1M NMI!!! 1111111111111111111111111111111 •11111 VH111111111111 1111111111 N N IIIII 111111111 IIIIMM111111 M111111111 MMIIV 1111111111111111111111111111111111111110111 100000000000 0 0 11 01 000000 0 0 10 000000 1 III 11111111111111111111 I III I I I 1111111111 I ' 4u4H1'1111101111101'1111 10.11 0 1 1 11 111 1 111111 1 1 1 11 11 1 1 111111 1111 II0001 '1"NleiNN II to*" ,„ 10000M 00000N1',,,,. "111111111111V ' il D u nwi cfd 31 AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL Gale Woods Farm Park and Education Center IMinne[is o,IMN Ifle ' The Gale Woods Form Pork began with MiUerDonwiddie completing o feasibility study for 14 existing buildings on the property. Phase lconsisted ofrehabilitation of the barn to provide for educational interaction with the livestock. An amphitheater, machine shed, compost shelter, and toilet annex were added toprovide support for the agriculture and educational use. The house was modified to enable staff and public use with osmall gathering room onthe first level and offices inthe lower level. Another major component ofPhase lwas the addition ofolarge pavilion for rental and programming opportunities. Phase 2included the addition ofoneducation center to the rehabilitated barn. The primary components ofthe new addition include classrooms for public programming, fonn produce display and sales, and public toilet facilities. The building has o strongly integrated indoor/ outdoor relationship with the farm, fostering o connection between the user and theform/notoro| environment. � EXPERIENCE AND REFERENCES �� 11, „Froppyini mpg, 'Li fe/J/fr aoshooferwoom-,?;,/ TO'd tat , o.y 1,111V' A,4 ijl , , iaMENNI , WIANINNONEMINNI / "V,/ JI WitOd 4loniviormovu,,J*0* valoiogym6orm Rt ft ,01'14r(( [4,1:XI& RA AAA EUEE5A5511415 '11.15MEIMIE11040,54, 11111111 1111111 111111111 144044400000000000000000000 414444144111144 HIM 1111111111111111 EEEEEING SE1 4,‘44,kC,454,444 ev"7 / „4 , v -1,titEEKSIDE NATURE ELEEENREI URE1 e5507 , 4,EIEVEEMMENTAWEEEps, '01filliESEIEMDE PIOM VEIEEM TEMMEK55553 5401155514 AETTE5i ' 11,101E4A414 IFEHE T TORATiON AIPLE PARK PROPERTY - MASTER PLAN AND VEGETATION MANAGEMENT PLAN PROPOSAL IIIIIIIII I11111I 111111111 The ..ab e below outline s the HKCJi team s proposed fee to conduct this project. The fee is presented on a per -phase bask and integrates the tasks required to produce both the Vegetation Management Plan and the Park Master Plan. The cost to produce each product: ▪ Vegetation Management Pllairn - $7,500 ▪ Aiplle Pairlk Property Master Pllairn - $35,000 P se Project Management and Communication Phase 1 Project Kick -Off Phase 2 Exploration of Concept AUternatives Phase 3 Draft Master Plan Phase 4 Anal Master Plan Subtotal Reimldursaldle Expenses Not -To -Exceed Base Total Optional Park Board Meeting Attendance Presentation and Total with Optional Park Board Meetings Fee $ 3,000 $'7,200 $15,100 $12,200 $ 3,500 $4L000 $1,500 $42,500 $2,300 $44,800 FEE PROPOSAL i(o ill'1P�'�um�l Creating � j1141�1 that enrich uiimllul II u°IIPJlllli1, 'I iw�IlPu° m,� 0alhiuN11lll��1�� lives �i'%i, i i 7,1 g,IpiiViu911" CITY OF STILLWATER REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES Master Plan and Vegetation Management Plan for the Aiple Park Property Issued: November 22, 2019 Proposals Due: December 11, 2019 RFP: Aiple Park Plan, Page 1 TABLE OF CONTENTS 1) GENERAL INFORMATION i) Objective ii) Property Location and Description iii) Noteworthy Site History iv) Inquiries 2) SCOPE OF WORK i) Plan Components (1) Master Plan (a) Public Participation (b) Operations (c) Accessibility (d) Conflicts (e) Implementation (2) Vegetation Management Plan (a) Landscape Description (b) Site Inventory (c) Natural Areas Management ii) Deliverables 3) PROPOSAL REQUIREMENTS i) Proposal Format (1) Required Proposal Contents (2) Fee Quotation (3) Optional Information ii) Proposal Process (1) Proposal Submission (2) Proposal Evaluation (a) Committee (b) Methodology (c) Criteria (d) Selection 4) REQUIRED CONTRACT TERMS AND CONDITIONS 5) RIGHTS RESERVED 6) ATTACHMENTS i) Site Photographs (1) Existing Structure (2) Trout Pond (3) Other Site ii) 2017 Concept Plan iii) Quit Claim Deed and Conservation Easement iv) Existing Building Review v) 2014 Phase I Environmental Site Assessment Page 3 Page 3 Page 3 Page 3 Page 4 Page 4 Page 4 Page 4 Page 4 Page 4 Page 5 Page 5 Page 5 Page 5 Page 5 Page 5 Page 5 Page 5 Page 5 Page 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 7 Page 7 Page 7 RFP: Aiple Park Plan, Page 2 GENERAL INFORMATION Objective The purpose for this request is to receive proposals for the development of a master plan and a vegetation management plan for the City of Stillwater's Aiple Park property located on the St. Croix River. The goal is for these two plans to work in concert with one another. Guided by the approved concept plan and in compliance with the property's conservation easement, the master plan will utilize community input regarding site needs and improvements as well as outline, in detail, the vegetation management of the site. A copy of the concept plan, site photographs, and Phase I Environmental Assessment is attached to this RFP. The City has budgeted $42,500 for the development of these two plans. Preliminary cost assumptions are $35,000 for the master plan and $7,500 for vegetation management plan. Property Location and Description The Property is located at 1513 Main Street North in the Southeast 1/4 of the Southeast 1/4, Section 21, and the Northeast 1/4 of the Northeast V4 of Section 28, T30N, R20W, near the City of Stillwater, Washington County, Minnesota. The Property is approximately 15.4 acres in size. The Property has a grade between 3 and 15% from west to east and some flat and low-lying areas. It is bordered on the east side by the St. Croix River. Shallow groundwater flow direction at the Property is considered to be east-southeast toward the river. The Property is currently zoned as one family residential and park, recreation and open space. Buildings include a single family home and garage, currently used for storage. One gravel road and paved asphalt driveway lead to the residence. Drinking water is provided by the City of Stillwater and sanitary service is provided by a septic system. Historical buildings including threshing buildings, kilns, rail car paint shop and storage, railroad yard, sawmill, and lumber storage were previously located on the Property and have been demolished. The current use of adjoining properties includes a marina, residential areas, and a theatre. The past use of adjoining properties include sawmill and lumber yard, in addition to a manufacturing company. The property is located within the Lower St. Croix Wild and Scenic River District. Noteworthy Site History Between 1884 and 1910 the property had a variety of occupant/businesses, though the operations remained largely industrial; uses included rail car maintenance, threshing manufacturing, sawmill and lumber storage, as well as active rail line. In 1957 a residence was constructed on the site; the site remained in private, single family ownership by the original occupants until it was purchased for public recreational use by WA County in 2017. After the development of a concept plan and placing a conservation easement on the property, Washington County transferred the property to the City of Stillwater. A copy of the Quit Claim deed and conservation easement is attached to this RFP. Inquiries RFP: Aiple Park Plan, Page 3 The Stillwater staff member listed below will be the contact for all inquiries related to this RFP. All questions or requests for information should be sent by email to: Abbi Jo Wittman, City Planner, awiiit.irrnairna)cii >aiillllwaae:ir irnrr UR All inquiries received by email before 12:00 pm (noon) on December 2, 2019, will receive responses. Responses which involve an interpretation or change to this RFP will be issued by addendum, e-mailed to all parties recorded by Stillwater as having received a copy of this RFP or those who have notified the City of Stillwater of their obtaining of the RFP. All such addenda issued by Stillwater shall be considered part of the RFP. Any addenda will be issued in writing by email by 12:00 pm (noon) on December 4, 2019. This is one week prior to the proposal submission deadline. Only additional information provided by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. SCOPE OF WORK Plan Components MASTER PLAN The Master Plan will expand on all components of the Concept Plan, enabling the City of Stillwater to move forward with the future development of the park. The plan will include: Public Participation: A process to involve affected agencies (National Park Service, US Corps of Engineers, US Coast Guard, Lower St. Croix Management Commission, State Historic Preservation Office, State Department of Natural Resources, Middle St. Croix WMO, State Department of Transportation, etc.) and the general public in updating the existing concept plan. The process must include timely notice to the affected agencies with an opportunity to comment. The master plan update should include a summary of comments received, with emphasis on issues raised. Operations Recommendations: The primary focus of public participation endeavors is to make recommendation regarding: • The potential reuse of the existing building for public/private partnerships involving non - motorized commercial recreational needs within the park. A copy of the existing building review is attached to this RFP. • The final location of the ADA accessible fishing pier. The design of the pier need not be determined as part of this plan. Accessibility: The plan will recognize the wide range of populations to be served by the park and its facilities, addressing necessary accessible design as required by the Americans with Disabilities Act, affordability, and other measures design to ensure the facility is inclusively accessible to all members of the public. Conflicts: The plan will identify any potential conflicts with proposed projects/improvements and existing uses. Steps should be outlined for any necessary conflict resolution. RFP: Aiple Park Plan, Page 4 Implementation Plan: An updated phasing schedule for development, including cost estimates and potential funding sources. This will include such items as: trail improvements, accessible improvements, grotto/pool improvements and interpretation, canoe/kayak storage and/or rental, and fishing pier. VEGETATION MANAGEMENT PLAN Landscape Description: Identify the significant and/or relevant geology, land forms, soils and vegetation of the site. Site Inventory: Identify the site's land cover, noting any specific MN DNR species in greatest need. Natural Areas Management: Identify site stewardship goals, management recommendations, and potential funding sources or partnerships for natural areas management Deliverables One electronic copy of each plans, to be submitted in ".pdf" format for review at 30%, 60% and 90% completion for review and comment; reviews shall occur within two weeks of submittal. The final deliverables will need to include all of the information noted above, with footnotes/endnotes, a glossary of technical terms, and relevant and necessary appendices. Final submittal will need to include five hard copies and one electronic copy in ".pdf" format. PROPOSAL REQUIREMENTS The future development of the Aiple Park will be guided by the two plans. Proposers need not include proposals for both plans. Proposal Format REQUIRED PROPOSAL CONTENTS 1. A written description outlining understanding of the project and the services requested under this RFP. 2. Develop a Project Work Plan and schedule for the proposal in accordance with the Scope of Work outlined above. a. Within the schedule, identify the anticipated site visits including field research and public outreach/input opportunities proposed to occur. b. The Project Work Plan will outline engagement opportunities with other City of Stillwater consultants, project partners, and other relevant community stakeholders including, but not limited to, Washington County Conservation District. c. The Project Work Plan shall explain any assumptions and constraints of the project. 3. Description of the firm and the qualifications and experience of the assigned project team. a. Describe all proposed subcontracting activities, including the full legal name and address of proposed subcontractors, the type of work they will perform, and the percentage of the total work that they will perform 4. Identify similar projects completed by the consultant or consulting team, including contacts that can be used for reference. Citations and links should be provided in the actual proposal. FEE QUOTATION RFP: Aiple Park Plan, Page 5 1. Submit a fee proposal, which includes your firm's "not to exceed" fee for the total project. The consultant shall provide a separate cost for each product. The quoted fee shall include estimated reimbursable fees. The quoted fee shall also include sales tax, if applicable, and provide the detail. 2. Signature of authorized firm negotiator/expeditor. OPTIONAL INFORMATION Include any other information that may be pertinent, but not specifically asked for elsewhere. Proposal Process PROPOSAL SUBMISSION To be considered, each firm must email one complete pdf copy of their proposal. The subject line of the email is to be: "Aiple Park Planning Proposal". Email the proposal to Abbi Jo Wittman it„„ »aafpclir .iillw a t:ryir.irrnirn.usti All proposals must be emailed by 12:00 PM, Wednesday, December 11, 2019. Proposals sent after that time will not be considered. PROPOSAL EVALUATION Committee: City of Stillwater Parks and Planning staff will serve as the review committee. Methodology: The proposal selected for award of the contract will not necessarily be the lowest cost. Rather, the selection will be based upon the proposal that is most responsive, responsible and the most advantageous to the City. The City intends to award a contract, subject to the terms of this RFP, to the consultant that offers the best overall value. Proposals will be evaluated based on past experience and performance, current performance capability, fees and other criteria as outlined in this document. Criteria: Proposals will be evaluated by the City on the following: Qualifications • Consulting experiences with similar types of projects. • Demonstrated understanding of the Scope of Work. • Work experience and educational background of assigned staff members and their direct knowledge/experience specific to the Scope of Work. Proposed Project Work Plan • Overall content and concept. • Ability to complete both plan updates under one contract. Cost • Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in this RFP. Time Schedule • Ability to comply with the proposed time schedule for the project. RFP: Aiple Park Plan, Page 6 Selection: The Evaluation Committee shall make recommendation to the Stillwater City Council who will select the consultant. It is anticipated this shall occur no later than December 17, 2019. REQUIRED CONTRACT TERMS AND CONDITIONS 1. The City, or members thereof, is/are not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contract will be done only to the extent the Responder voluntarily assumes risk of non-payment. 2. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. 3. The contents of this RFP and, by reference, the proposal will become a part of any subsequent formal agreement if a contract ensues. 4. All information in a proposal, except fee quotation, is subject to disclosure under the provisions of Minnesota Statute Chapter 13 "Minnesota Government Data Practices Act". 5. The consultant acknowledges that in the hiring of common or skilled labor for the performance of any work on the project that no contractor, material supplier or vendor shall, by reason of race, creed, color, religion, national original, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or ago, discriminate against any person or person who are citizens of the United States, or resident aliens, who are qualified and available to perform the work to which the employment relates. 6. No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in previous section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. RIGHTS RESERVED 1. Reject any and all Proposals received in response to this RFP; 2. Disqualify any Responder whose conduct or Proposal fails to conform to the requirements of this RFP; 3. Waive any technicalities, informalities, or irregularities in any proposal at its sole option and discretion; 4. To request clarification or additional information; 5. Have unlimited rights to duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal; 6. Select for contract or for negotiations a Proposal other than that with the lowest cost; 7. Negotiate as to any aspect of the Proposal with any Responder and negotiate with more than one Responder at the same time, including asking for Responders' "Best and Final" offers as to price, technical provisions, or both; 8. To award a contract or to re -solicit proposals; 9. Cancel the Request for Proposal at any time and for any reason with no cost or penalty to the City or members thereto. RFP: Aiple Park Plan, Page 7 pH'"uii uVpiuiil ° '�'�� u�" �I Ilpllllllllll'"°'" °u� l uuumnd'„u d'1 r" „,„Ihmo ,:P"""iI„,PmPVmop,,lionl„, iiuiiplPr����;��,�� 11111111111111111111 °� iiiiiiiii1111;1ffiffill11�iljj �„ „„111� i IIIIIIIII�"ullllllllllllllp'V II��„ � „rll II IIIs m "1huul ..ullll1!!1!IN.'N �� „ „�il�*���1".�,�II�,""Ww�dl���� CO NICEPull PLA 1111 ' III 1)11111111,1111111111111111 0000 0 00,0,0,11000 00 I 000 /,0,0000, Portable restroom Pedestrian connection to state trail. Grass surface to encourage pedestrians from state trail to use park trail, but discourage bikers. Bike racks provided at trailhead for bikers who want to walk the eark trails Add a natural vegetation strip between driveway and creek where feasible 6 10 4 CI Design entrance to encourage vehicles to park in lot, discourage driving into park see Exhibit A e „„rrogrisir4r/ - A- A zggz / / / at;x7 "ttt —ZVI A / / 1 gA AA/ AA, i ,1 :01 0 000000000„000 00,00 0,0,0 000 00 000,0100, 000 0 0 000 0 90000100000000,00r „:00 00 , 0 000 / 2 z , / 7 / ,1 ,1 ii 000 10,00 ,i 000000,0°"IIi 0700 0,0000,, 00, ,,, ,0,001004 ,7000yo :00.00 ,, 400 : ,, 010:0:0:z, 1 / /„. frgg iir, /4 r i' z 9, A /erg:A z zzz, //' // g / i .1/) g r / ,gz , ,1011 000000,00,04 Ad# „ALT A5 I / A AAA .4w.orgf,, 4 44/ 4,00/ 101,-,0064.ffil '744,0 �iIiI ii4L„„,kr,4/ / G: 5,1 „rli LA7 '7"'r 07Z 4 A' `0440fi' AggAggz 4,14,0, /4"""47 0,0,00 • 00 '0,'0000',01000,00.; r , iW�r NATURAL TRAILS , /007 • 4 / restrooms (See Exhibit A for potential layout). Consult ) 4o -0000104,02700)4 /4 0 MnDOT on R.O.W. use If ) Potential 20-24 space parking lot with portable 1 , 7 ,7 , 0 kA!,;",1#0" ,) , „/// 11111111,11,11 Z / I 11 0":„ ,„„„ ,/ a0III!,,,100000: 00000000000500„ 100°)t0'440/' /4AY,/ tP(Villk / 0000000000000001010000000140mhomeopollom PIER ,,,t. NOTES: , p Shore!! stab°11124tion/re",ti n neede'd in some areas A buff fstrip of shorelineOtege 0ation (waive) to be established along much of the riverfront where feasible >54..tructures niiw existing ofherektofter constructed, must be used in furtherance of passive recreational uses such as shore fishing, transient dockage, walk in boat launchinfalking paths, nature observation, picnicking and trail access, while protecting the scenic and ecological values of the St. Croix RivCq, theIVIN StateTrail amenity and in furtherance of the recreational needs of a national, state and local clientele. CAN E/KAYAK RENTAL PICNIC LAWN 411 VE1R miller dunwiddie Ii1 Alf, 11111 C 1111t1 p°10t) 111111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 10,4,4 ,0 00,4 I I 201 7 , Exhibit A Access point same as current, but a 90 degree intersection created. ,tllliln_II t� North entrance to Theater 1000 MI) Park entrance Portable restrooms Parking lot extension in dark grey represents 24 potential spaces for the park. Parking lot in light grey to be constructed by Theater. Buildings in 1898 Locations per Sanborn Maps Legend railroad 1898 Aiple residence bldgs existed 1898 Aiple Property River 2013 Parcels (2016) Lumber Mill general store and office Board ng houses Mill workers homes ........ ......... Exhibit B II Svendson Lumber Yard Slabs „II Schulenburg Boeckler Lumber Mill Svendson Dimensional Lumber Yard MN Thresher MFG, Long warehouse Steam kiln Receipt# 368356 1248441 ,4ccY QCD $46.00 CONV $5.00 SDT $1.65 Transferred Entered No Delinquent Taxes CRV Not Required CIturn to: TY OF STILLWATER 1248441 216 N 4TH STREET STILLWATER MN 55082 Certificate* 72048 75320 (Top 3 Inches reserved for recording .data). Office of the Registrar of Titles Washington County, Minnesota Jennifer Wagenius, Registrar of Titles Kevin Carbid, Auditor Treasurer QUIT CLAIM DEED Business Entity to Business Entity eCRV number: DEED TAX DUE: $ DATE: c , 2017 FOR VALUABLE CONSIDERATION, the Washington County, a body politic and corporate under the laws of Minnesota, ("Grantor"), hereby conveys and quitclaims to the City of Stillwater, a Minnesota municipal corporation ("Grantee"), real property in Washington County, Minnesota, legally described as follows: See Exhibit A attached hereto. Reserving its interests as set forth in the Conservation Easement identified on attached Exhibit B Check here if all or part of the described real property is Registered (Torrens) X together with all hereditaments and appurtenances belonging thereto. The total consideration for this transfer of property is $500.00 or less. Check applicable box: X The Seller certifies that the Seller does not know of any wells on the descnped real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [...j.) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Page 1 of 19 Grantor Washington County 7/) By: i i�—rah' V �� Its: 4 (�ti'I v By: 3 State of Minnesota, County of Washington On this 21°day of lil 5a WLA k, and Aka ( i P_.v��, the ao-t-21 a. t and the r!Au M't,iliat`Is ✓- respectively of the Washington Courtty, a body politic and corporate under the laws of Minnesota, and that aid instrument was signed on behalf of said entity by authority of its and said officers acknowledged said instrument to be the free act and deed of the entity. (Stamp) 2017, before me a Notary Public within and for said County, personally appeared DEBRA K. MCDONALD Notary Publlc-Mlnnesota My Commission Bohm Jan 81, 2019 THIS INSTRUMENT WAS DRAFTED BY: Washington County Public Works and Washington County Attomeys Office 11660 Myeron Road North Stillwater, MN 55082 (651) 4304391 (signature of notarial officer) Title (and Rank): �d Ordr�or My commission expires: (montWdaylyear) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: City of Stillwater 216 N. 4t Street Stilhvater, MN 55082 Page 2 of 19 EXHIBIT A Parcel A: All that part of Reserve in Block Fifty -One (51) of Corti and Schulenburg's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Registrar of Deeds of Washington County, Minnesota; All that part of Lots Seven (7) and Eight (8), Block Thirty-two (32) of said Addition and the land lying East and in front of Blocks Fiftyy-one (51), Thirty-two (32) and Seven (7) of said Addition; and all that part of Lot One (1), Section Twenty-eight (28), Township Thirty (30) North, Range Twenty (20) West; and all that part of Tract Three (3) described in Certificate of Title No. 48, issued by the Registrar of Titles of Washington County, Minnesota, on February 6,1912, described as follows, to -wit: Beginning at the intersection of the Southerly line of East Laurel Street (extended Easterly with the Easterly line of the right of way of the Northern Pacific Railway Company); thence Northwesterly along said Easterly line of said right of way thirty-seven hundred and eighty-five (3,785) feet, more or less, to its intersection with the Northerly line of East Poplar Street (extended Easterly); thence Easterly along said Northerly line of said Poplar Street (extended) two hundred and twenty-seven (227) feet more or less, to the Westerly shore line of the St. Croix River, thence Southwesterly along said shore line of said river to its intersection with said Southerly line of said Laurel Street (extended Easterly); thence Westerly along said Southerly line of said Laurel Street two hundred ninety-two (292) feet, more or les, to the point of beginning; Except the following: Commencing at the intersection of the Southerly line of East Laurel Street (extended Easterly) and the Easterly right of way line of the Northem Pacific Railway Company for a point of beginning; thence Northerly along the said right of way line a distance of 540.35 feet to an iron pipe; thence Easterly at an angle of 90 degrees with said right of way line to the shore line of Lake St. Croix; thence Southerly along the shore line of said Lake St. Croix to its intersection with the South fine of Laurel Street (extended Easterly); thence Westerly along the South line of Laurel Street (extended Easterly) to the point of beginning. Subject to all easements and rights -of -way of record. As amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21,1878. Washington County, Minnesota. Parcel B: Easement for Driveway Purposes as currently laid out and traveled over and across the following described property _asset forth in Easement Agreement dated November24, 2014 filed December 22, 2014 as Document Number 1231733 in the office of the Register of Titles, Washington County, MN over: that portion of the BNSF Railway Company's (formerly Northern Pacific Railway Company) Stillwater Branch right of way, as now located in Section 21 and Section 28, in Township 30 North, Range 20.West, fourth Principal Merdian. Page 3 of 19 EXHIBIT B "CONSERVATION EASEMENT" I. RECITALS A. Seller County of Washington is the owner of 15 acres of real property, herein referred to as "Protected Property" in Washington County, Minnesota, which is particularly described in Exhibit A and generally depicted on the Property Map in Exhibit C. Both exhibits are attached to this conservation easement and incorporated herein by this reference. The County of Washington, a body politic and corporate, is qualified to acquire and hold conservation easements under Minnesota Statutes Chapter 84C and Section 170(h)(3) of the Internal Revenue Code of 1986, any amendments and any regulations promulgated thereunder. B. Protected Property The Protected Property (Washington County PIN 21.030.20.41.0026), formerly known as the Aiple property, has approximately 3,300 feet of a largely wooded shoreline sloping toward the St. Croix River and containing a beach. It lies within the Lower St. Croix National Scenic Riverway District as an elongated and rectangular piece of land just north of the former Minnesota Zephyr depot in downtown Stillwater. The Browns Creek Trail that opened in the fall of 2014 runs parallel with the property to connect downtown Stillwater to the Gateway Trail. Generally, the terrain slopes steeply upward approximately 10 feet from the St. Croix River to an area of level terrain that ranges from 75 to 200 feet in width throughout the parcel. The remainder of the parcel slopes steeply upward west approximately 30 feet to the Brown's Creek Trail in the northerly portion of the property and gradually declines in elevation to grade level in the southerly portion of the property. There is a stream located along the westerly portion of the property, which flows north along the steeply sloping area. This stream flows into a small pond which then filters into a larger pond located in the northerly portion of the property. There is a dike located along the easterly embankment of the larger pond that separates the pond from the St. Croix River. Also located within the larger pond is an outlet control structure regulating the interaction of the pond and the St. Croix River. Heavily wooded areas are concentrated in the northerly portion and along the property boundaries with the central portion of the site consisting of moderate tree cover. The Protected Property currently has one house located on it. The site also has an entrance gate, bituminous parking and driveway improvements, a stone retaining wall along the southerly elevation of the single-family residence, and numerous drainage pipes located in the hillside of the westerly sloping area. C. Conservation Values 1. Collectively and individually the following natural, scenic and ecological qualities and the open space character of the Protected Property comprise its "Conservation Values." There is public value in conserving the following aspects of the property with this Conservation Easement: Page 4 of 19 a. The protection of this property assists in returning the property to a Tess developed state and enhancing its natural character, contributing to a larger complex of open space along the St. Croix River, within the City of Stillwater and in the St. Croix Valley. It provides scenic and open space views that are a pleasing contrast to surrounding development and are to be enjoyed by the general public from public rights -of --way, including bike trails, and through its use as a park. b. The protection of this property contributes to a larger scale effort to provide ecological connectivity and support biological diversity in the St. Croix River Watershed. c. The protection of this property helps protect air quality through its preservation of tree canopy. d. The protection of this property improves surface and ground water resources by limiting the physical degradation caused by soil movement and increased asphalting typically endured as part of the development process, and by reducing the volume of runoff and potential flooding. It further enhances the ecosystem's ability to clean water and reduce concentrations of substances produced by society by maintaining an area for infiltration and natural treatment of storm water in the watershed. e. The protection of this property prevents privatization of access to this segment of the St. Croix River. 2. These Conservation Values of the Protected Property are further set forth in the Baseline Property Report dated March 21, 2017 that the parties acknowledge accurately represents the present condition of the Protected Property. Each of the parties has a copy of the Baseline Property Report. The Seller will use the Baseline Property Report as the basis for monitoring subsequent uses of the Protected Property and enforcing the terms of this Conservation Easement. 3. These Conservation Values have not been and are not likely to be significantly impaired by the continuous use of the Protected Property as described above or as authorized in this Conservation Easement. 4. The preservation and protection of these Conservation Values will provide significant benefit to the public. D. Conservation Policy Preservation of the Protected Property will further the govemmental policies established by the following: 1. The Federal Govemment allows the County of Washington to acquire and hold easements through Section 170(h) (3) of the Internal Revenue Code of 1986, including any amendments and regulations promulgated thereunder. 2. The State of Minnesota through Statute Chapter 84C authorizes the State and political subdivisions thereof, as well as nonprofit organizations to preserve, acquire or hold lands for open -space uses, which specifically include farmland, wetlands, native or restored prairie, or lands deemed critical to protecting soil, water quality, and enhancing fish and wildlife habitat; and that actions pursuant to these purposes are for the public health, safety, and general welfare of the citizens of the State of Minnesota and for the promotion of sound land development by preserving suitable open spaces. 3. The State of Minnesota's Environment and Natural Resources Trust Fund (ENRTF) is a permanent fund constitutionally established by the citizens of Minnesota to assist in the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources. Currently forty percent of net Minnesota State Lottery proceeds are dedicated to building the Trust Fund and ensuring future benefits for Page 5 of 19 Minnesota's environment and natural resources. This project was partially funded by the ENRTF through the Legislative -Citizen Commission on Minnesota Resources. 4. The Washington County Board of Commissioners through adoption of Ordinance 175 Acquisition of Development Rights has declared public open -space benefits result from the protection and conservation of natural areas including the protection of scenic areas for public visual enjoyment from public rights -of --way; that the conservation and protection of restored natural areas as valued natural and ecological resources provide needed open spaces for clean air and clean water as well as for aesthetic purposes; that public benefit will result from the conservation, protection, management and improvement of natural areas; and that the preservation of open -space is vital to the public interest of Washington County through its economic, environmental, cultural and scenic benefits. 5. The Geologic Atlas of Washington County assigns more than half of the Protected Property a rating of "highest sensitivity" of the ground water systems to pollution, meaning that pollutants in this area can reach ground water in a very short time. 6. The City of Stillwater's Comprehensive Plan has established goals to protect, enhance and improve public access to the St. Croix River as a natural open space system and recreation resource. The City's Master Trail Plan. recognizes the need for support functions and sites for the Browns Creek State Trail. The Protected Property will provide opportunities for trail user rest areas and river valley views for trail users. E. Conservation Intent 1. Buyer shall reasonably attempt to protect in perpetuity, natural areas and ecologically significant land for aesthetic, ecological, agricultural, scientific, and educational purposes pursuant to the terms of this Conservation Easement. 2. Buyer desires and intends the open -space character of the Protected Property be preserved, protected and maintained in perpetuity. 3. Buyer agrees to honor and defend the intentions of Seller stated herein and to preserve and protect in perpetuity the open -space values of the Protected Property. 4. Seller desires and intends to place restrictions upon the use of the Protected Property and by transferring to the Buyer the Seller creates a Conservation Easement, on, over and across the Protected Property affirming rights to ensure the preservation of the natural elements and values of the Protected Property. The easement shall survive transfer of the property from the Seller to the Buyer. 5. Buyer recognizes the right of the Seller to protect the ecological values of the Protected Property in perpetuity and to prevent or to remedy activities or uses that are inconsistent with the terms of this Conservation Easement. II. CONVEYANCE OF CONSERVATION EASEMENT A. Conveyance The Buyer in consideration of the facts recited above, the mutual covenants contained herein and other good and valuable consideration and pursuant to Minnesota Statutes Chapter 84C, and other applicable Minnesota laws, does hereby recognize and agree the Seller, its successors or assigns, forever maintains a Conservation Easement in perpetuity over the Protected Property subject to the following rights, terms and restrictions. Page 6 of 19 B. Conservation Values and Purposes The Conservation Purpose of this Conservation Easement is to preserve and protect in perpetuity the Conservation Values of the Protected Property and the Public Benefit of this Conservation Easement identified in sections I.C. and II. C. by confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities that significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Conservation Easement. These Conservation Values have not been and are not likely to be adversely affected to any substantial extent by the continued use of the Protected Property as authorized below or by the use, maintenance, or construction of those structures and improvements that presently exist on the Protected Property or that are authorized below. C. Public Benefit This Conservation Easement is specifically intended to provide a significant public benefit by furthering the following recreational and conservation purposes: 1. Protects and enhances a significant natural area in the City of Stillwater. 2. Provides public open space in downtown Stillwater. 3. Reduces impervious surface where possible and in no instance increases the current amount of impervious surface, and provides for infiltration and natural storm water treatment to provide protection to ground water aquifers and surface water. III. AFFIRMATIVE RIGHTS To accomplish the Conservation Purposes of this Conservation Easement and to preserve and protect the Conservation Values of the Protected Property the Buyer agrees the Seller and its successors or assigns maintain the following rights after transfer of the property. A. Right of Enforcement and Remedies The Seller has the right to enforce by proceedings at law or in equity the covenants contained in this Conservation Easement. This right includes, but shall not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Protected Property to its prior or more natural condition; to enjoin such non-compliance by temporary or permanent injunction; and to recover any damages arising from such non-compliance. Such damages when recovered may be applied by the Seller in its discretion to corrective action on the Protected Property, if necessary. If such court determines the Buyer, its successors, liens, or assigns, has failed to comply with this Conservation Easement, Buyer, its successors, liens, or assigns, shall reimburse Seller for any reasonable costs of enforcement including costs of restoration, court costs, and reasonable attomey's fees in addition to any other payments ordered by such court. These remedies are cumulative and available without requiring the Seller to prove actual damage to the Conservation Values and Conservation Purposes of the Protected Property. The Seller is entitled to seek expedited relief ex parte if necessary and shall not be required to post any bond applicable to a petition for such relief. B. Written Notice If the Seller becomes aware of an event or circumstance of non-compliance with the terms and conditions set forth in this Conservation Easement, the Seller shall give written notice to the Buyer, its successors, liens or assigns, at the Page 7 of 19 address set forth below of such event or circumstance of non-compliance and to restore the Protected Property to its previous condition. Failure by the Buyer, its successors, liens or assigns, to cause discontinuance, abatement or such other corrective action as may be requested by the Seller within thirty (30) days after receipt of notice shall entitle Seller to bring an action as authorized in this Conservation Easement. The written notification requirements contained in this section, III.B. shall not apply if in the sole discretion of the Seller, immediate judicial action is necessary to prevent or mitigate significant damage to the Protected Property or if reasonable, good faith efforts to notify the Buyer, its successors, liens, or assigns, are unsuccessful. C. Discretionary Enforcement The Seller does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this Conservation Easement on the Protected Property by any failure to act and Buyer, its successors, liens, or assigns, waives any defense of laches with respect to any delay by the Seller in acting to enforce any of the provisions or exercise any rights under this Conservation Easement. D. Acts beyond Buyer's Control Nothing in this Conservation Easement shall be construed to entitle the Seller to institute any enforcement proceeding against the Buyer, its successors, liens, or assigns, for any changes to the Protected Property due to causes beyond the Buyer's, its successors, liens, or assigns, control, such as changes caused by fire, flood, storm, civil authorities undertaking emergency action or third parties not under the control or supervision of, or not acting with the consent of, the Buyer, its successors, liens, or assigns. This provision does not preclude the Buyer, its successors, liens, or assigns, or the Seller, its successors or assigns, from recovering damages or bringing an action against any third party for trespass or other violation of their respective rights in this Conservation Easement or in the Protected Property. E. Right to Enter The right is granted for designated representatives of and chosen by the Seller to enter the Protected Property in a reasonable manner and time to conduct monitoring and management evaluations annually and pursuant to a complaint to determine easement compliance; to obtain evidence for use in seeking judicial or other enforcement of this Conservation Easement; and to otherwise exercise its rights under this Conservation Easement. The Seller shall give reasonable prior notice to Buyer of all such entries, shall make reasonable attempts to have the Buyer present, and shall not unreasonably interfere with Buyer's, its successors, liens, or assigns, use and quiet enjoyment of the Protected Property. F. Right to Report The Seller in addition to other remedies shall have the right to report any environmental concerns or conditions or any actual or potential violations of any environmental or other laws to appropriate regulatory or law enforcement agencies. G. Enforcement Rights of Others Nothing in this Conservation Easement is intended to create any right to enforce this Conservation Easement in any third party where no such right otherwise exists under this Conservation Easement or under law. IV. RESERVED RIGHTS A. Recreational Facilities Buyer has the right to implement, plant, construct and maintain the following low impact recreational and public gathering uses where appropriate and pursuant to the Concept Plan (attached as Exhibit D) for the Protected Property: Page 8 of 19 1) Native vegetation and trees. 2) Permeable connector paths or trails. 3) Stream bank stabilization and water quality improvement structures, including temporary access routes and staging areas. 4) Structures for passive recreational uses such as shore fishing, transient dockage, walk-in boat launching, permeable walking paths, nature observation and picnicking that protect the scenic and ecological values of the St. Croix River. 5) An area of impermeable surface sufficient to meet Americans with Disabilities requirements, but assuring no increase of overall total area of impermeable surface than existed at the time of purchase of the Protected Property. B. All Other Rights Buyer reserves for the Buyer, its successors, liens or assigns, all rights as owner of the Protected Property inclusive of rights to locate and maintain recreational facilities as noted in Section IV.A. except the right to undertake any activities that are expressly and specifically prohibited by this Conservation Easement. The Buyer, its successors or assigns, may not exercise these rights in a manner that would adversely impact the Conservation Values of the Protected Property. C. Notification Buyer, its successors, liens, or assigns, agrees to notify the Seller, its successors or assigns in writing before exercising any reserved right that may have an adverse impact on the natural characteristics or ecological and aesthetic features of the Protected Property protected by this Conservation Easement. V. COVENANTS IN FURTHERANCE of the foregoing affirmative rights, Buyer intends that rights under this Conservation Easement conveyed to the Seller on behalf of the public shall continue to exist in perpetuity. Buyer makes the following covenants on behalf of the Buyer, its successors, liens or assigns, which covenants shall run with and bind the Protected Property in perpetuity. A. Required Management and Master Plans All natural resource management, agricultural practices and recreational uses on the Protected Property shall be in accordance with the Master Plan. The Buyer will prepare a Master Plan for the property consistent with the Concept Plan and implement and conform to this plan. The Buyer may propose revisions to the Concept and Master plans and those revisions must be approved in writing by the Seller before becoming effective. As a condition of state funding, Buyer must also complete a Management Plan in order to not put its state funding of the property purchase at risk. B. Land Use 1. Any activity on or use of the Protected Property that is inconsistent with the Conservation Purposes and Public Benefits identified in sections I.C. and II.C. of this Conservation Easement is prohibited. 2. No residential use or development of the Protected Property is allowed. 3. No industrial activity is allowed on the Protected Property. Page 9 of 19 4. No commercial activity may be undertaken or allowed on the Protected Property except as allowed in section V.M.4 of this Conservation Easement. 5. No agricultural use is allowed on the Protected Property. C. Development Rights 1. No development rights in or to the Protected Property or any part thereof that have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights or used to obtain any regulatory mitigation credits. 2. No portion of the property shall be used to satisfy land area requirements for other property not subject to this Conservation Easement for purposes of calculating building density, lot coverage, or open space under otherwise applicable laws, regulations or ordinances controlling land use. D. Division of Property The Buyer, its successors, liens, or assigns, shall not divide, subdivide, or partition, either legally or physically, the Protected Property for any reason without the prior written approval of the Seller except for the purpose of correcting or adjusting a boundary line to resolve a marketable title or ownership dispute. If written approval is granted, any conveyance of the Protected Property is subject to the following terms. The enforceability or validity of this Conservation Easement shall not be impaired or limited by any failure of the Buyer, its successors, liens or assigns, to comply with this section (V.D). 1. Any conveyance or encumbrance of the Protected Property is subject to this Conservation Easement. 2. The Buyer, its successors, liens or assigns, shall reference or insert the terms of this Conservation Easement in any deed or other document by which the Buyer, its successors, liens or assigns, conveys title to or any interest in the Protected Property. 3. The Buyer, its successors, liens or assigns, will notify the Seller, its successors or assigns, of any conveyance within thirty (30) days after closing and will provide the Seller, its successors or assigns, with the name and address of the new owner and any party that has acquired an interest in the property and a copy of the deed transferring title or mortgage conveying an interest. E. Right of Way No right of passage across or upon the Protected Property shall be allowed or granted, if used in conjunction with residential, industrial, or commercial use or development of other land not protected by this Conservation Easement without the prior written approval of the Seller, which shall be recorded. F. Structures and Improvements 1. No house, garage, bam, mobile homes, or other structures or buildings shall be constructed or placed on the Protected Property except as needed to carry out activities permitted by this Conservation Easement and as specifically allowed for in the approved Concept Plan and Master Plan or specially permitted by Section IV of this agreement. Page 10 of 19 2. No poles, antenna, lights, towers, utility lines, piping, water towers or any other temporary or permanent structures shall be constructed or installed on the Protected Property except as needed to carry out activities permitted by this Conservation Easement or as specifically allowed for in the approved Master Plan, unless permitted by Section IV. of this agreement. Utilities existing on the property prior to November 2014 may be maintained by the Buyer. 3. New sanitary and storm sewers and electric and gas lines, not presently existing and needed to serve the Protected Property or other properties nearby may be permitted with the prior written approval of the Seller and shall be constructed underground and in a sensitive manner with minimal disturbance of vegetation and minimal grading. The surface shall be restored to a condition consistent with the Conservation Values and Conservation Purpose of the Conservation Easement and within a reasonable time frame agreed to in writing by the Seller. All utility easements shall be recorded. 4. No roads or parking Tots of asphalt, bituminous, gravel, concrete or other materials shall be constructed or installed on the Protected Property except as to carry out activities permitted by this Conservation Easement and as specifically allowed for in the approved Master Plan or otherwise approved in writing by the Seller or permitted by Section IV. of this agreement. 5. Fencing may be constructed and maintained for the purposes of marking boundaries, securing the Protected Property, or carrying out activities permitted by this Conservation Easement or specifically allowed by Section IV. of this agreement or the. approved Master Plan or otherwise approved in writing by the Seller. 6. Any outdoor light fixtures must minimize light emitted above the plane of the horizon of the fixture through the use of earthward directed or full cut-off fixtures or lamps with single or minimal -color light sources, or other equally effective fixtures designed to minimize light pollution. 7. Signs, billboards, and outdoor advertising structures shall not be placed or erected on the Protected Property except for small, unlighted signs for the purposes listed in section IV. For all signs permitted by this section, the location, number, size and design shall not significantly diminish the natural and scenic qualities of the Protected Property and shall be allowed in accordance with the approved Master Plan or otherwise approved in writing by the Seller. Signs may be allowed for the following purposes: a. Displaying the name of the Protected Property. b. Announcing the existence of this Conservation Easement. c. Providing educational information to commemorate the importance of the Protected Property. d. Providing the name and address of the owner. e. Delineating the boundaries in order to prohibit trespass and to manage the property. f. Advertising any on -site activities permitted herein. G. Water Bodies and Courses 1. Reasonable manipulation or alteration of natural watercourses, lakes, shorelines, wetlands, springs or other surface or subsurface bodies of water is allowed to restore or enhance wildlife habitat or native biological communities or to improve or enhance the function and quality of existing wetlands and in accordance with the approved Master Plan. 2. No activities on or uses of the Protected Property that cause significant erosion or are seriously detrimental to water quality or purity are allowed. H. Mining Page 11 of 19 No mining, drilling, exploring for, or removing any minerals, sand, gravel, rock, or fossil fuels from the Protected Property is allowed. I. Surface Alteration 1. The commercial extraction of minerals by surface mining and the extraction and removal of topsoil from the Protected Property is prohibited. The extraction of subsurface or deep -mined minerals from the Protected Property, including natural gas and oil, and the noncommercial extraction of minerals, including limestone, shale, gravel, sand and other minerals is prohibited. 2. The topography of the Protected Property shall not be altered or changed in any manner, including ditching, draining, filling, excavation or removal of soil, sand, gravel rock or other materials except as incidental and reasonably required in the course of activities or uses permitted by this Conservation Easement or as specifically allowed for in the approved Master Plan. Any permitted alteration shall be undertaken with minimal grading and disturbance to vegetation and with the surface restored in a timely manner to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. J. Forest and Habitat Management 1. No removal, destroying, burning, cutting, mowing or altering of vegetation is allowed except as follows: a. To prevent or control insects, noxious weeds, invasive species, diseases, fire, personal injury, or property damage. b. As reasonably required to construct and maintain permitted buildings, structures, roads, trails and other improvements and provided that vegetation shall be restored following any construction to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. c. To remove downed or dead timber. d. In conjunction with activities permitted by this Conservation Easement and as specifically allowed for in the approved Master Plan. 2. Timber and other wood products may be removed and vegetation may be managed on the Protected Property in accordance with the approved Master Plan approved in writing by the Seller. 3. Habitat for wildlife and native biological communities may be created, maintained, restored, or enhanced on the Protected Property in accordance with the approved Master Plan. 5. No plant or animal species shall be introduced on the Protected Property except those native species that are consistent with the protective purposes of this Conservation Easement and consistent with the approved Concept Plan and Master Plan. K. Animals No livestock or feedlots shall be permitted on the Protected Property except for activities or uses specifically allowed for by this Conservation Easement and in the approved Master Plan. A feedlot is defined as open ground or buildings or a combination of open ground and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained. Open Tots for feeding and rearing poultry are considered feedlots. L. Waste Removal Page 12 of 19 Use of the Protected Property for dumping, storage, processing or landfill of solid or hazardous wastes generated is prohibited, including without limitation, municipal sewage sludge and/or bio-solids application. This does not prohibit buming or composting of excess brush or other plant material resulting from activities permitted by this Conservation Easement. M. Recreational Use 1. Unpaved paths or foot trails may be established and maintained on the Protected Property for recreational uses and shall be established, maintained and used in a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Conservation Purposes of the Protected Property. No other trails shall be established and maintained on the Protected Property except as specifically allowed for in the approved Master Plan. 2. Motorized vehicles may be operated with the consent of the Buyer on the Protected Property only in the following manner: a. On trails designated for their use. b. For city maintenance, emergency, Americans with Disabilities Act compliance and management purposes. c. In conjunction with the Master Plan or Management Plan operations or for habitat restoration or enhancement as prescribed in the approved Management Plan. d. In a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Purposes of the Protected Property. 3. The Protected Property may be used for hiking, cross-country skiing, picnicking, nature observation and interpretation or study, and other similar low impact recreational and educational programs or activities. 4. The Protected Property may not be used for more than minimal commercial recreation purposes. It is the intent of the parties to prevent the Protected Property from becoming the site of a commercial recreational enterprise, such as a commercial campground, a golf course, a commercial ski area, an exclusive hunting grounds or club, a commercial site for a snowmobiling, ATV motocross or other race track, a dressage field, or other similar intensive or predominantly commercial use, but this restriction shall not be construed to mean the occasional or casual use of or access to the Protected Property by individuals or groups who pay a fee to a guides, educators, outfitters or supervisors of outdoor recreation activities or who pay a fee for low -impact outdoor recreational uses. 5. Low -impact structures such as tents, trail barriers, benches, and informational kiosks may be placed on the Protected Property. 6. Structures and improvements to support the recreation uses permitted in this Conservation Easement shall be permitted as specifically described in the approved Concept Plan and Master Plan. Structures and improvements shall be placed and constructed in accordance with the following: a. All development shall be provided in a manner that does not compromise the Conservation Values and Purposes of the Protected Property. b. All development shall be in accordance with other provisions of this Conservation Easement. c. All development shall take advantage of the existing land forms and natural vegetation pattems. N. State Requirements Buyer acknowledges conducting certain activities on the Protected Property may require repayment, in accordance with Minnesota Statutes 116P.10, of the state's $1.25 million contribution toward the purchase of the property. According to this statute if a project supported by the fund results in net income from the sale of products Page 13of19 or assets developed or acquired by an appropriation from the fund, the appropriation must be repaid to the fund in an amount equal to the percentage of the projects total funding provided by the fund. The commission may include in its legislative bill a recommendation to relinquish the income if a plan is approved for reinvestment of the income in the project or when the amount of the original grant or loan, plus interest, has been repaid to the fund. VI. GENERAL PROVISIONS A. Binding Effect This Conservation Easement creates a property right immediately vested in the Seller, its successors or assigns that cannot be terminated or extinguished except as set out herein. This Conservation Easement shall run with and burden the Protected Property in perpetuity and shall bind and inure to the benefit of the Seller, its successors, liens or assigns, and any and all other successors to it in interest and the Buyer, its successors or assigns. B. Property Transfer The Buyer, its successors, liens, or assigns, agrees that the terms, conditions, restrictions, and purposes of this Conservation Easement will be referenced by the Buyer, its successors, liens, or assigns, in any subsequent deed or other legal instrument by which the Buyer, its successors, liens, or assigns, transfers or divests the Buyer, its successors, liens, or assigns, of all or any part of the Buyer's, its successors, liens, or assigns, interest in the Protected Property, and that the Buyer, its successors, liens, or assigns, will give the Sellers written notice of any such transfer within thirty (30) days after closing. C. Notice and Approval 1. Any notice or request for approval required in this Conservation Easement shall be sent by certified mail or other courier providing reliable proof of delivery to the following addresses, such address(es) as may be subsequently specified by notice in writing, and the party of record at the address of record in the Washington County Recorder's Office. Seller: Washington County June Mathiowetz, Land and Water Legacy Program Office of Administration P.O. Box 6 14949 62nd Street North Stillwater, MN 55082-0006 651-430-6000 Buyer: City of Stillwater Bill Tumblad Community Development Director 216 N. 40h Street Stillwater, MN 55082 651-430-8800 2. Unless otherwise specified in this Conservation Easement any required notice or request for approval must be delivered at least thirty (30) days prior to the date proposed for initiating the subject activity. 3. The notice or request for approval must include sufficient information to allow the Seller to make an informed decision on whether any proposed activity is consistent with the terms and Conservation Values and Conservation Purposes of this Conservation Easement. At a minimum this should include: the location, nature, and scope of the proposed activity; the proposed use, design, and location of any building, structure or improvement; and the potential impact on the Conservation Values and Purposes of the Protected Property. 4. Approval of the Seller must be in writing to be effective. D. Severability Page 14 of 19 If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons of circumstances other than those as to which it is found to be invalid shall not be affected thereby. E. Controlling Law 1. This Conservation Easement shall be govemed by the laws of the State of Minnesota. 2. This Conservation Easement shall be enforceable by the Seller, its successors or assigns, and/or the State of Minnesota as provided in Minnesota Statute Sec.103F.515 Subd. 9 and/or by such other relief as may be authorized by law. Any ambiguities in this Conservation Easement shall be construed in a manner that best effectuates the purposes of protecting soil, improving water quality, and enhancing fish and wildlife habitat. F. Assignment The Seller may assign or transfer this Conservation Easement and the rights conveyed herein, provided that (1) the Seller requires as a condition of such transfer that the original conservation purposes of this Conservation Easement continue to be carried out in perpetuity; and (2) any assignment shall be made only to an organization qualified to acquire or hold a conservation easement at the time of the transfer under the provisions of Section 170(h)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, and any regulations promulgated thereunder. This Conservation Easement is fully valid and enforceable by any assignee or successor of the Seller whether assigned in whole or in part. The Seller will notify in writing the Buyer, its successors, liens, or assigns, of the assignment and will provide the Buyer, its successors, liens, or assigns, with the name and address of new holder. G. Definition The terms "Buyer" and "Seller" as used in this Conservation Easement shall be deemed to include with respect to Buyer, its successors, liens or assigns; and with respect to the Seller, its successors or assigns. H. Amendment This Conservation Easement may be amended only in the event of unanticipated circumstances not specifically addressed by this Conservation Easement and only in the sole and exclusive judgment of the Seller that such amendment (i) furthers the purpose of this Conservation Easement, (ii) is not inconsistent with and will not adversely impact the conservation values protected by this Conservation Easement, (iii) does not affect the perpetual duration of the Conservation Easement or (iv) does not affect the validity of the Conservation Easement under Minnesota law or the status of Washington County under section 170(h) of the Internal Revenue Code. Any amendment or modification must be in writing and recorded in the same manner as this Conservation Easement. I. Ownership Responsibilities, Costs and Liabilities The Buyer, its successors, liens, or assigns, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property. The Buyer, its successors, liens, or assigns, agrees to indemnify and hold the Seller harmless from any and all costs or liability for any personal injury or property damage occurring on or related to the Protected Property or the existence of this Conservation Easement. 1. Taxes: Buyer, its successors, liens, or assigns, shall pay all taxes and assessments levied against the Protected Property including any taxes or assessments levied against the interest of the Seller established by this Conservation Easement. The Seller may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Buyer, its successors, liens, or assigns, for such amounts. Page 15 of 19 2. Regulatory Compliance: All activities or construction permitted by this Conservation Easement shall be undertaken in accordance with applicable federal, state and local laws, regulations and ordinances and related agreements and nothing in this Conservation Easement shall be construed to exempt the Protected Property or the Buyer, its successors, liens, or assigns, from otherwise applicable laws or regulations. The Buyer, its successors, liens, or assigns, is solely responsible for obtaining any required govemmental permits. 3. Future Environmental Condition: The Buyer, its successors, liens, or assigns, is solely responsible for the Buyer's, its successors, liens, or assigns, use or release on the Protected Property of any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, The Minnesota Environmental Response and Liability Act, or other similar successor federal, state or local law or regulation regarding responsibility for environmental conditions associated with contamination. The Buyer, its successors, liens, or assigns, shall take steps necessary to assure any needed containment or remediation resulting from any release of such substance and has the legal right to pursue any person or entity responsible for any such discharge. 4. Future Economic Condition: In conveying this Conservation Easement the Buyer has considered the possibility that uses of the Protected Property prohibited by this Conservation Easement may in the future become more economically valuable than uses permitted by this Conservation Easement and that neighboring properties may be put entirely to such prohibited uses. Such changes are not deemed to be circumstances justifying the extinguishment of this Conservation Easement as otherwise set forth above. J. Termination If circumstances arise in the future such as to render the purposes of this easement impossible to accomplish, this easement can only be terminated or extinguished whether in whole or in part by judicial proceedings in a court of competent jurisdiction or by agreement executed by the parties, their successors, liens or assigns. K. Proceeds If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Seller is entitled to a portion of any proceeds in an amount equal to the fair market value of this Conservation Easement at the time of the extinguishment but no less than an amount equal to the proportionate value that this easement bears to the value of the Protected Property as a whole at the time of this conveyance, excluding the value of any permitted improvements made after the conveyance of this Conservation Easement. L. State and County Fund Repayment If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Buyer agrees to a payment to the Seller in an amount that is equal to the amount of funds ($1,925,000) from the Washington County Land and Water Legacy program that paid for the 2014 purchase of the Protected Property to the landowner Ms. Elayne Aiple. In addition, if at any time, the State of Minnesota requires a repayment of the state funds ($1,250,000) provided through its Environment and Natural Resources Trust Fund for the 2014 purchase of the Protected Property, the obligation for the repayment will be paid by the Buyer. M. Termination of Rights and Obligations A party's rights and obligations under this Conservation Easement terminate upon transfer or termination of that party's interest in the Conservation Easement or the protected property; provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination; provided further that the terms and conditions of this Conservation Easement shall continue to run with the land. N. Re-recording The Seller on behalf of the Buyer, its successors, liens, or assigns, shall execute, acknowledge and record or file any instruments necessary to assure the perpetual enforceability of this Conservation Easement. The Seller, its Page 16 of 19 successors or assigns, may re-record this Conservation Easement or any other documents necessary to protect its rights under this Conservation Easement or to assure the perpetual enforceability of this Conservation Easement. 0. Additional Documents The Buyer, its successors, liens or assigns, agrees to execute or provide any additional documents reasonably needed by the Seller, its successors or assigns, to carry out in perpetuity the provisions and the intent of this Conservation Easement, including, but not limited to any documents needed to correct any legal description or title matter or to comply with any federal, state, or local law, rule or regulation. P. Entire Agreement This document sets forth the entire agreement of the parties with respect to this easement and supersedes all prior discussions or understandings. Page 17 of 19 EXHIBIT C - • r -1, f I - - • I ; . ,• _11 j - 1 • r7," I " 1 , ' I -1-t-•=. L - ' er, ,;. • - - .J9r.1-.1. L-- _ _ - T 1 -7-77-1 =_J• - 1-, :+-• •=. ;4_1 - . _ ;,-; • Lt.) • - • • ; . I-"E+ ' , • - _ - ".• --r r, 1- , • - rrrjr • • !L-- • ,-.1.* 141P14 '1',H•Pii - r,E',,,._,-_,s4_:-.-.1C::.:-,,'1-I -41,,,-.,_4,,j__,.-I--'i.,=.-.-.4t-' ,_,:=' , , ,1 ,•I,,--S,_4'-•.4„-,A tk11= ,.1,1-,•-..1:..,F, ,___:_.._iI_,,r,:T;., „,',* ,i_'h+ -,-1.--1d'- 1 :_'.,._-...:,t--.:-,„1- ' ''.r'1, J-',F;:. '11I'wLLk---'=g-•, ,:-•- -_---=-,-1--1,1,,.1,:,-.f-J 7-4t=:.-,-,t-;--, ‘.....:_(•..,...:, „.:-: „..77-.,1.,,--,.-.-,1;;i1..:-'•-'1---=-,-1,`1.16,, ',---:.-,-. 1-_II;-,. 1 :, I I ;1±,A, "'-4 L1.-: 1I —L f, 1 r',_-.,,A'---4,,-,,i,-;-,- r- , 7 ' r,---,-(;-, -'--Tr''''''Tilk • ' '' ' = ,-- - -.„' - '1=r+- LI. ., '-'=•+ "I +---LL--, ---A,,, , = , .., _ , .._ Page 18 of 19 EXHIBIT D CONCEPT PLAN I j Pedestrian connection M; to state trail. Grass surface_:.. to encourage pedestrians ' 1. from state trail to use '' park trail, but discourage :Y 1 i; f` bikers. Bike racks 1 /4.' 1J iprovided at tralihead for bikers who want to walk ?' the park trails ' ‘)• Add a natural vegetation 'I' strip between driveway and creek where feasible Design entrance to encourage vehicles to park In lot, discourage driving Into park e Exhibit Potential 20.24 space parking lot with portable restrooms (See Exhibit A for potential layout). Consult .NOTES: r Shoreline stabilf2ation/restorat' 'n-needed In some. areas , n A•buffer..strip ofshoreline:vege tion (native) to be established along much of the riverfront where feasible . y'Structures flow'existingg'or her after constructed, must be used in furtherance of passive recreational uses such as shore fishing, transient dockage, walk in boat Iauhchl iwalkin :ppaths, nature observation, picnicking:and trail access, while protecting the scenic and ecological values of the.St. Croix River, th_'MN StatTrail' amenity and in furtherance of the recreational needs of a national, state and local clientele. Buffer residential use from park use with vegetation and topography Highlight natural pool and grotto as a feature / interpretive opportunity Improve existing path around former trout pondLinto ADA accessible natural surface trail loop, if economically and environmentally feasible Preserve former trout: pond, possible reuse for tout/family fishing Extend and improve existing trail route and rehabilitate existing foot bridge feature Repurpose existing garage for beach and paddle craft put -in storage ADA accessible beach with paddle craft put -in ADA accessible fishing pier, utilize existing piles Drop-off zone with 2 ADA parking spaces for paddle craft put -In Improve existing fawn as picnic.. area, preserve or repurpose existing landscaping, potential for two 10'x12' picnic shelters Preserve lawn, landscaping and trees, interpretive opportunityat old mill foundations. See Exhibit B for location and general use of structures In 1898 New pedestrian trail. -•natural surface Preserve trees, replace lawn with no -mow native grasses Improve existing tree -lined driveway for beach, paddle put -in, fishing pier and ADA .parking access (occasiodal wider stretches needed to allow oncoming vehicles to pass by) 100 Year flood elevation Preserve stone gate posts as entry monument Vehicular entrance Potential pedestrian trail segment Preservedensely vegetated .area, long term opportunity for restoration Park /downtown trail gateway Alternate fishing pier location NATURAL SURFACE TRAILS CANOE/KAYAK•RENTAL PICNIC LAWN FISNING:RIER o 250 500 ®® miller dunwiddie 1.000 1.500 2.000 FPei '1. FEBRl1ARY7,2017 i.-r• ECB-1035 Page 19of19 • 6 • miler dunwiddie ARCHITECTURE Third Slraae1. MEMORANDUM fAinneaN 55401 7 ww,mfliardatxvaiddie.cam p 612-337-0000 f 612•337 Date: 14 September 2016 Project: Aiple Park - Existing Home Study, Stillwater MN RE: Existing Building Review To: City of Stillwater From: John D. Mecum, AIA Miller Dunwiddie Architecture General Observations: The existing Aiple home appears to have been constructed in mid-1960s and consists of the main 2 level walkout house (approximately 4,480 SF) and the 1.5 level south pool addition (approximately 1,240 SF) with approximately 5,720 total square footage . The lower level exterior walls are constructed of concrete block with stone veneer above grade, and wood frame exterior wall construction on the upper level with wood siding. All walls of the main house are of "stick frame" 2x construction, and the pool addition has a heavy timber wood roof system. Observed Conditions: Overall the home is good condition and repair, with the following observed exceptions: • Active Foundation crack at west wall of garage, and uneven upper level floor above garage • Apparent active insect infestation in pool addition heavy timbers • Standing water was observed in the lower home basement under the west entry • Mold was observed on the walls of the lower pool basement (pump room) • Condition and life expectancy of the built-up roof system was not reviewed • Mechanical system reaching expected life and undersized for new use Reuse Modifications: Conversion of the existing home for public use will require the following general upgrades: • Provide ADA accessibility to the home on each level intended for public use • Provide ADA toilets & fixture counts for men and women based on code calculated occupancy load • Provide modifications to non -complying life safety items (railings, hand rails, fire alarms, etc) • Provide code compliance for fire separation or fire protection sprinkler for occupancy. • Provide new mechanical and electrical upgrades Reuse Options: Option A assumes retaining both the main house and pool addition. This would provide a rental facility for up to 215 guests, including both the pool assembly space (165) and main house (50). This option would require the following: HKG1601 Aiple Park, Existing Home Study 14 September 2016 Page 2 1. Lower Level Pool addition conversion to assembly space: a. Provide a full height 2 hour fire rated wall at the north end of the pool addition. i. Infill three windows and one of the two bi-fold doors, the east door will need a pair of 2HR FR doors that swing out (north) with panic hardware 1. Remove windows/doors, Infill with metal studs and 2 layers of FR Gypsum, finish & paint 2. Remove wood siding above stone base and add 2 layers of FR Gypsum, finish & paint 3. Add a new single layer of FR Gypsum on interior of upper and lower bedrooms, finish & paint b. Demo wood balcony and circular stairs, repair gypsum walls & paint c. Remove wood deck over pool, demo concrete deck and pool as needed to compact fill and install new insulated concrete slab over entire area, carpet tile finish d. Demo Pool pump room below north end deck and infill as pool e. New passenger elevator and shaft at north end of pool serving both levels f. New pair of exterior exit doors from the pool addition at the east window on the south wall, with exterior concrete pad for stoop and sidewalk g. New exposed conduit circuits for new suspended LED lighting 2. Modify existing Lower Level Bedroom & toilets to provide new ADA bathrooms, Men's 1 WC & 1 Urinal & 2 Lays / Women's 3 WC and 2 Lays. 3. Lower Level Bar, repair west wall and ceiling where back bar removed, new island cabinet and top with sink in Bar 4. Lower Level Breezeway, replace both existing doors with 36" exit swing doors 5. Upper level, modify master bedroom and hall way for ADA access to upper level 6. New Electrical transformer and new meter / primary breaker board with service for new elevator 7. Possible helical anchors and stone/block repair at west garage wall 8. Remove fuel oil tank at west main entry and compacted fill and landscape 9. New mechanical and electrical Option B assumes demolition of the pool addition. This would provide a rental facility for up to 50 guests in the main house (50). This option would require the following: 1. Lower Level Pool addition demolition, including footings a. Reconstruct south stone foundation at east side, and provide new picture window b. New stone clad exterior addition for passenger elevator and shaft at south exterior house wall serving both levels c. Compacted fill and new / restore landscape at demolished addition 2. Modify existing Lower Level Bedroom & toilets to provide two new unisex ADA bathrooms 3. Lower Level Bar, repair west wall and ceiling where back bar removed, new island cabinet and top with sink in Bar 4. Lower Level Breezeway, replace both existing doors with 36" exit swing doors 5. Upper level modify master bedroom and hall way for ADA access to upper level 6. New Electrical transformer and new meter / primary breaker board with service for new elevator 7. Possible helical anchors and stone/block repair at west garage wall 8. Remove fuel oil tank at west main entry and compacted fill and landscape 9. New mechanical and electrical C:\Users\awittman\Desktop\VMP Scope of Work\Memorandum 20160914.doc Cost of Construction 4,4 >, ri • — 0 •sur 4%) ccJ,'TA or) 47. a w V) 0 Estimate of home conversion c a) .y) E a) 0 o T1 g' _ "5 oc 0c -C3 0 -0 -C-5 -16 E c o 0 (s C3 (D E E ,/,0 8 LU Bill Turnblad From: John [\Mecum gmemm@miUendumwiddie.cnm> Sent: Thursday, September lSi20l61:23PK4 To: 8iUTurnb|ad Cc 3anahEvensnn Bryan Ha jes Subject: RE: Stillwater Aiple Park - Demo Cost Importance: High Hi Bill, Thanks for agreat meeting yesterday. AS8follow-up b]the questions: Our opinion Ofcost for demolition and b8Ckfi||Ofthe entire house would b8about $350'000. This iSiOaddition h3the oil tank line item cost OOyesterday's sheet, and does not include any hazardous materials. John John D.Mecum, AJA NCARB Flhnnipa| � Architect (Mm.SD) mmEUUeir duinMdd��e airch[tectume 1zomnrthThimStreet Suhe1C4 Minneapolis, MN 55401 Visitmvw*bsite at Bem,eprinting, think about they BwmR0wmBvT 1 Phase I Environmental Site Assessment 1513 Main Street North Stillwater, MN August 2014 Prepared for Washington County Phase | E[lV'Po0me[l6a| Site Assessment 1513 Ma'[} Sfne<5f North Stillwater, MN 4UgUrf 7014 Contents -fp fs 1.0 Introduction .......................... ................ ...................... ................ '.............. ._-_-........ .............. .... -................. 'l 1.1 Purpose ....... ............ ......... ........ ........ ............ ............. ....... ... ........ ....................... ................ ..... -........ I 12 Scope ofServices ......... --....... -....... .,,~,... ........... ................... .............. ............ ........ ............. --_l 1.3 Significant Assumptions ....... .................... ..................................... ......... ...... ........... ........... ..--.......... -... 3 14 Limitations, Exceptions, and Data Gaps 2 1.5 Special Terms and Conditions. ... ....... ___ ........... .............. ............ ...................... ......... .............. 3 1.6 User Reliance. ........ ....... ....... ...... ...... ... ........... ............. ............. -............... ....... -..... ... 4 2.0 Site Description ...... ................................. -................... ................ ......... ...... ........... ____ ........ ......... .......... ....... 5 2.1 Location and Legal Description ....... ........... ... ........ ... ...... ... .................. ........ -.... ___ ...... ___ ........... ___ ... 5 2.2 Property Setting and Land Use ....... -...................... ........... ....... ............... ___ .......... ..................................... 5 3.0 Findings and Opinions ...... ..................... ......... ..... .................. ..................... ___ ......... --......... '........................ 6 ]l Definitions ................................ .................. ~........ .-..-........ ..... ................. ...-.-...--.--............ ..... ..O 32 Findings and Opinions ............. ............ .-................... ........... .................. ............... ........................................ ,~.7 4.0 Conclusions. ... ..................... ................ ................. ................... ........... .... --........ ...................... ............. .............. _9 4.1 Deviations ...... ....... ....... ........... .-.............. ............ .......... -..-..-....... -............... ___ ... ..-..... -..... ...... 9 5/0 Refenancem.... ............... ..... ........... ...._-...-.-............ .......... ......... ... ......................... -........ ___ ....... -I0 6.0 Signature and Qualifications of Environmental Professional .................. ..................................... .............. I2 ���G�B0N6COMPANY v:\w»|s\,smNW2\23uuzouzzoMain xN,Stillwater pxxwnmn/es\p^a,,/emp*auLne=n_pin"|,mc" ~� ' Table Table Figure l Figure Figure List 0fTables Property and Adjoining Property Regulatory Status Surrounding Area Regulatory Status List of Figures Property Location Map Historical Property Layout Map Property Layout Map List OfAppendices Phase I Documentation Property Inspection Photographs Historical Documentation (on CD) Regulatory Records Documentation (on CD) Previous Investigations nfProperty (on [D) Interview Documentation (on CD) Qualifications (on CD) BARRENG�4 PANY Barr Engineering Co. (Barr)was retained byWashington County tocomplete aPhase lEnvironmental Site Assessment (Assessment) of a property owned by Elaine J Aiple, Trust, and used as residence and natural space. The property islocated atl5l3Main Street North inthe Southeast Y4ofthe Southeast 1/4,Section 21, and the Northeast 1/4 of the Northeast 1/4 of Section 28, T30N, R20W, near the City of Stillwater, Washington County, Minnesota (Property), The Property location is shown on Figure 1. This report summarizes the findings, opinions, and conclusions ofthe Assessment. Detailed descriptions of the Property setting, utility information, land -use history, regulatoryhistory, and current Property conditions and features are presented in the Phase I documentation in Appendix A. Informational resources are described in Section 5 of this report and are assigned unique reference numbers, which are used throughout the report and Appendix A. Barr has performed this Assessment in conformance with ASTM, International (ASTM) Practice E 1527-13 (Practice). No intentional deviations hnnnthe Practice were made in performing this Assessment except as described in Section 14. In following the Practice' this Assessment also complies with the U.S. Environmental Protection Agency40 [FR Part 312 Standards and Practices for All Appropriate Inquiries; Final Rule. 1,1 Purpose The purpose of the Assessment is to identify recognized environmental conditions (RECs) in connection with the Property as defined by the Practice and discussed in the findings and opinions section of the report, and to satisfy one of the requirements for the User to qualify for a landowner liability protection defense under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) prior to potential purchase of the Property, 1,2 Scope of Services The Assessment involved completion of the following five components described in Section 7 of the Practice: records review, site reconnaissance, interviews, reporting, and file reviews. The following tasks were completed during the Assessment. The details nfeach task are described below and inAppendix A. Records Review m A Regulatory Database Report was obtained and federal, state, and readily available tribal records databases were reviewed. * USGS topographic maps were reviewed and used to determine physical setting information. • Historical aerial photographs; historical maps; reverse city directories; zoning, tax assessor's records; and aplat map were reviewed for the Property and surrounding land, • Afine insurance map search was conducted and maps were reviewed. • One previous investigation report relevant tothe Property was reviewed, * The Minnesota Pollution Control Agency's (MPCA) What's in My Neighborhood (WIMN) was reviewed to supplement regulatory data. 8ARRBNc3NEc0NGcnMpANv Site Reconnaissance w A visual inspection was conducted of the building interiors and exterior features on the Property. Current conditions with respect to land use; chemical and waste storage, use, and disposal; facility operations and equipment; utilities; and evidence of potential releases of petroleum products or hazardous substances were documented, if observed. Evidence of historical uses or conditions, if encountered, was also documented. Current land -use and occupants of neighboring properties were documented during the site visit. Interviews w Interviews were conducted with Washington [ounty, the Property owner, and the City of Stillwater Public Works Department, and the City of Stillwater Fire Department Evaluation and Report Preparation ° This report was prepared to document the resources used during completion ofthe Assessment and todescribe the findings, opinions, and conclusions ofthe Assessment. File Review w The Property and 423 Mulberry Street E were identified in the regulatory report; however a file review was not conducted, 1,�K Significant ^= N�@—' — Assumptions - The following significant assumptions were made to complete the Assessment: The detailed history of ownership and land -use to satisfy the requirements and purpose of the Assessment was determined from the activities listed in Section 1.2, Scope of Work, and a title review was not needed. Lack of a title review is not a significant data gap. 1,4 Limitations, Exceptions, and Data Gaps The following limitations and exceptions are associated with this Assessment: Gaps of greater than five years in historical documentation are present and are summarized in the following table. Prior to 1848 AN,, readily ascertainable; therefore, changes in general 1957-1966 3 l84R-l86l l86l'l804; l89I-l898; l9O4'l9lU; l9lV-l9Z4 l9I6'1938 Gaps greater than five years in historical documentation areProperty land -uses did not change during the firne periods. present,- however, general rpry ln-ss ae ukon l9 8'l949 Gaps greater than five years in historical documentation are present and general Property land -uses did change during the time periods. Between l938,the industrial use ofthe Property ceased (Ref.la).lnapproximately l965, the current residence was constructed or) the Property (Re[4a}. Certain areas ofthe Property were not accessible orinooectedduhng0heshevisitduetotheuse of the structure as private residence. These areas include: o The bedrooms and downstairs living spaces ofthe residence, Certain areas ofthe Property were not accessible orinspected during the Property inspection. These areas include: °The bedrooms and downstairs Interviews with the Property owner. living spaces nf the residence were not inspected. RRIWIRR « This data gap did not affect the ability oJthe EPtoidentify R[[sonthe Property therefore, |t|snot Barr assumes responsibility for its own observations, along with its interpretatiogathered. No other warranty is made or intended. n 1,5 Special Terms and Conditions, The Assessment was conducted in accordance with an Agreement between Barr and Washington County. Page 3 The scope of the Assessment did not involve the collection and analysis of any type of sample. The Assessment did not involve completion of any surveys or the offering of any opinions or advice with respect to structural engineering matters, asbestos containing materials, radon, lead -based paint lead in drinking water, wetlands, compliance with environmental regulations, cultural and historic resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality, biological agents, mold, mrother conditions that are beyond the scope of the Practice. Barr has performed its work inamanner consistent with the care and skill ordinarily exercised by members of the environmental profession under similar budget and time constraints.VVhhind1iscnntext, of the information Because Barr was not retained to verify information, Barr assumes noresponsibility for the accuracy of information that it obtained from other sources including, without limitation, regulatory and government agencies, persons interviewed about the Property, and vendors ofpublic data. Performance ofthe Practice is intended to reduce, but will not eliminate uncertainty regarding the presence of recognized environmental conditions onthe Property. Tothe extent that Barr does not identify recognized environmental conditions on the Property, Bon's opinions in the report are not representations that the Property is free Of Such conditions. Under no circumstances can Barr represent or warrant that releases of hazardous substances orpetroleum products donot exist onthe Property. 1,6 User Reliance The Assessment has been prepared for the exclusive use nfWashington County, herein referred tnasthe "User". No others may rely on the Assessment without obtaining a formal authorization in the form of a reliance letter from Barr. Barr will provide reliance letters for additional parties only if authorized by the User. ________ 2,1 Location and Legal Description The Property islocated atl5l]Main Street North inthe Southeast 1/4ufthe Southeast Y4,Section Z1,and the Northeast 1/4ofthe Northeast 14ofSection 28'T]OK[KJOVV near the City ofStillwater, Washington County, Minnesota. The Property is appvoximate|yl5.4 acres in size (Ref. Sc). The Property boundaries are shown on Figure l. 2,2 Property Setting and Land Use The Property has a grade between 3 and 15% from west to east and some flat and low-lyingareas. (Re[ le). It is bordered on the east side by the St. Croix River. Shallow groundwater flow direction at the Property isconsidered tobeeast-southeast (ReC 3d)toward the river. The Property iscurrently used for private, single-family residence and iszoned asone family residential and park, recreation and open space (Ref Sd. Buildings include asingle family home and garage, currently used for storage. One gravel road and paved asphalt driveway lead to the residence. Drinking water is provided bythe City of Stillwater and sanitary service isprovided by a septic system (Refs. 4a'4d. Historically the Property has been used for residential, commercial, and industrial activities (Refs. la, lb). Historical buildings including threshing buildings, kilns, rail car paint shop and storage, railroad yard, sawmill, and lumber storage were previously located on the Property and have been demolished (Refs.la, lb). The current use ofadjoining properties includes amarina, residential areas, and a vacant restaurant. The past use of adjoining properties include sawmill and lumber yard, in addition to a manufacturing company (Ref. lb). The property is located within the Lower St, Croix Wild and Scenic River District (Ref. 50. Additional descriptions of the Property setting and land -use are presented in Appendix A. 2.3 User -Provided Information As detailed in Section 6 of the Practice, the User has responsibilities associated with identifying possible recognized environmental conditions inconnection with the Property. Barr provided oUser Questionnaire to facilitate gathering information required by the Practice. The completed User Questionnaire is included inAppendix F. The User indicated that there isnot a significantly|owerpurdhasepricefovdlePnoperty, The User has nn knowledge of environmental cleanup liens or activity use limitations against the Property. The User did not report conditions indicative ofreleases mrthreatened releases, any obvious indicators that point to the presence or likely presence of contamination at the Property, or specialized knowledge about the Property related to the items listed in Section 6 of the Practice (Ref. 4b, Appendix F), This section summarizes observations regarding the presence of hazardous substances or petroleum products on the Property (findings) and discusses the basis for concluding if finding is or is not recognized environmental condition. 3,1 Definitions Finding —Forthe purpose of this Assessment, a finding is an observation regarding the presence of hazardous substances or petroleum products On the Property which may be considered a recognized environmental condition, a historical recognized environmental condition, or de minimis condition, Recognized environmental condition (RE[)-ARE[is defined bvthe Practice as"the presence orlikely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of future release to the environment. De minims conditions are not recognized environmental condidons.^ Historical recognized environmental condition (H8E[) AnHR[Cisdefined bvthe Practice as^apast release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Before calling the past release a historical recognized environmental condition, the environmental professional must determine whether the past release is a recognized environmental condition otthe time the Phase I Environmental Site Assessment is conducted (for example, if there has been a change in the regulatory criteria). If the EP considers the past release to be a recognized environmental condition at the time the Phase lESA isconducted, the condition shall beincluded inthe conclusions section ofthe report asarecognized environmental condidon.^ Controlled recognized environmental condition (CREQ—A[RE[isdefined by the Practice as^arecognized environmental condition resulting from a past release ofhazardous substances orpetro|eunnproducts that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk -based criteria established hmregulatory authnrity)'with hazardous substances orpetroleum products allowed toremain in place subject tothe implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). A condition considered by the environmental professional to beacontrolled recognized environmental condition shall be listed in the findings section of the Phase I Environmental Site Assessment report, and as a recognized environmental condition in the conclusions section of the Phase l Environmental Site Assessment report." Donininbconditions—AsdefinedbytheProctice\cooditionsdeterndnedtobe^deminimis^gene/aUydo not present a threat to human health or the environment and generally would not be subject of an _ ____ 8�RRENG�B0N6[V�PANY Page enforcement action if brought to the attention of appropriate governmental agencies. Deminimis conditions are not considered RECs, 3.2 F.��din������«� Opinions ~~ Barr has identified the following findings and developed the following opinions regandingthesefindings, as summarized in the following table. 11/710//s st ;1�'14'6 l Partially buried SS'gaUondrum carcass and partially buried steel that may have been storage tanks were observed onthe Property in2006ios part of Phase l Environmental Site Assessment. This SS -gallon drum was not observed during the most recent site visit. This was identified as aRB[inthe 2006 Phase l Environmental Site Assessment, Based on interviows, noassessment orremediedon activities were conducted (Ref. 4e); therefore, this finding is considered a RE[. l 2 The Property was used for railroad car painting, storage for lumber and slabs from anadjacent saw mill, and storage offarm equipment (Re[lb). The adjacent site tothe west has been used asamanufacturing facility that included afoundry (Refs.lb,Ii). The site adjacent tothe south has been used asasaw mill and also asa power house facility (Re[lb). Due to the historic land use at the Property, there isthe potential for a release orreleases tohave occurred; therefore, this finding isconsidered aRE[. Z 3 Change inshoreline between l938 and l949historical aerial photographs indicates the presence of potential fill. This change was observed onthe north half ofthe Property, adjacent tothe 5t. Croix River; however, based onthe debris observed onthe southern half ofthe Pvoperty, additional fill may be present. Based onareview ofaerial photographs, fill islikely present along the northern end of the eastern Property boundary, along the shoreline. The source nfthe fill is unknown; therefore, this finding is considered a RE[. 3 4 Concrete debris, steel piping. and other miscellaneous debris was observed throughout the Property, indicating that dumping had likely occurred. The debris observed was inert, with no signs of staining or stressed vegetation; therefore, this finding is not considered a RE[ 5 The Property ispotentially dovvnguadientfrom two listed regulatory sites with documented' unpormitteddumping. The unpennittpddump sites are inactive and almost 0.3Smiles away; therefore, this finding is not considered RE[. ~~�~~~ENGINEERING COMPANY _-_---- Page :Mr W1V&1IfJ/f7.../1//�0 %� /i �/I//,r(( 1 //r% 11////Iv /i„i/,ll; !ice//�%����j���, //o/%r.�e%l��i� iU�/. 6 A septic system was observed on the Property and is currently active. The septic system was reported to be in good working condition and no stressed vegetation or staining was observed; therefore, this finding is not considered a REC. - BARR ENGINEERING COMPANY Page 8 We have performed a Phase Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 of 1513 Main Street North, the Property. Any exceptions to, or deletions from, this Practice are described inSection l4ofthis report. This assessment has revealed no evidence of recognized environmental conditions in connection with the Property with the exception of the following: • RE[#l: A 5S-oa|onsteel drum observed during a2OO6 Phase lEnvironmental Site Assessment • RE[#Z: Historical use of the Property as a nawnni|L manufacturing facilities, and rail yards. * REC#3: Undocumented fill located on the northern half of the Property, adjacent to the St. Croix River. See the Findings and Opinions section for additional details. 4,1 Deviations There were nodeletions, deviations from, oradditions tothe Practice associated with the Assessment other than the limitations and exceptions listed in Section 1.4. BARR ENGINEERING COMPANY Page 9 The following resources are numbered for use as references. Standard Historical Resources la Aerial Photographs 1938,1949. 1953, 1957, 1966 1970, 1980,1986, 1092'1997'2003'2008. 201] lb Historical Fire Insurance Maps 1884' 1888' 1891' 1898. 1004. 1910. 1024'1056' l06l Ic Historical Plat Maps 1848,1901' 1926.1938 lJ Recorded Land Title Records Not reviewed. le USGSTnpogmphic Maps 1951. 1967' 1972. I980' l993' 2Ol3 If Reverse City Directories 1999'2003,2008'28I2 lg Building \ Department Records Not reviewed lh Zoning/Land Use Records Not reviewed Ii Other Historical Sources Not reviewed ii Barr Engineering Company. ZOOO. Phase Environmental Assessment Parcel North -Adjacent to 601 North Main Street Stillwater, Minnesota 2006 Discretionary and Non -Standard Physical Setting Sources 2a Published Geologic Report - Groundwater Maps: US Geological Survey. I978Horizontal ground -water movement /nStPeter-Prairie duChien-Jordan aquifer, Puh/b6or Accessed August 8,2014 26 Published Geologic Report - Bedrock Geology Maps USGeological Survey. 2O05.Bedrock geology o/the Stillwater quadrangle, Washington County, Minnesota Accessed August l2'20l4 2c Published Geologic Report -Sorfida|Geology Maps: USGeological Survey, l9O9. Sonicia/geology */the Stillwater J0x60minute quadrangle, Minnesota. Accessed August I2.30l4 2d Soil Survey Staff, Natural Resources Conservation Service, United States Department ofAgriculture. Web Soil Survey. Available online at h\tp://websui|sumoyonsysda.gov/ Accessed August 4 D. 2014 Standard Environmental Record Sources 3a Historical Information Gatherers, Inc. (AppendixD) Ju|yZl. 2014 3b What's in My Neighborhood? 611312014. Minnesota Accessed August8' 2014 Pollution Control Agency. 8/B/20I4. <ht/pvYwwxwpcosAutemoo*6idex.php/bbAa1*in/n' whnts'/n'ny'nek/hbwhonmYwh«ts'i»'my neiJh6o/hoodh0n/> BARR ENGINEERING COMPANY Page 10 ' //� % ,r /I /�Fpa //�I iAi /11, / �/� / ����.r �//�//��/���/�/���/ �j/��j ������/ � j(;i/�/%%°/n://� %� !ii ., G '/i/ 1. �T/'� / � ��� ,.. Interviews 4a Property Owner. Elaine Aiple, Owner, 651-439-0638 August 5, 2014 4b Washington County Public Works: Sharon Price, Property Acquisition Manager, 651-430- 4391 August 18, 2014 4c Stillwater Public Works: Beth Wolf, Secretary, 651-275-4100, August 7, 2014 4d Stillwater Fire Department: Tom Ballis, Deputy Fire Chief, 651-351-4963, August 12, 2014. 4e Previous Investigation EP Kevin Eisen, Barr Engineering, 952-832-2937 August 11, 2014 Supplemental Resources 5a Minnesota Department of Health County Well Index httpy/www,health.state.mn.us/divs/eh/cwi/ Accessed August 6, 2014 5b Site Visit Mandy Bohnenblust, EP & Meaghan Watson, Support Staff, 952-842-3533 & 952-842-3660 August 5, 2014 5c Local Records and Zoning Information Washington County Property Information Database, August 2014 httpi/tpaps.cawashingtoaton.us/PropertyViewer/ Accessed August 4-8, 2014 BARR ENGINEERING COMPANY Page | declare that, to the best of my professional knowledge and belief, lmmg the definition of Environmental Professional asdefined ing3lZl0of40CFR]l2. \ have the specific qualifications based oneducation, training, and experience to assess a property of the nature, history, and setting of the subject property. l have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Barr performed this Assessment in conformance with the ASTK4'International (ASTk4) Practice 1527'13. Special terms, conditions, limitations, and exceptions that apply to the Assessment are described throughout this Report and in the Appendices Eovimn ~ enta|Pnofeoiona| . . mental Support Staff ualifications of the Environmental Professional are summarized in Appendix G. BARR ENGINEERING COMPANY Page 12 ues 7 E A a 2 co w w IIII l;ii6f''I"Wig,,?,;ill1111„1l „,ill°1„ 11 dui^ °IIYIIIII'''' uYl Property Boundary 2,000 Feet 0 2,000 Illoi illlllllllllllll ir BARR Figure 1 PROPERTY LOCATION MAP 1215 Main Steet North Stillwater, MN SATigure 2 - Historical Review mxd User: jry 318211100 Naps Barr Footers AroGIS 10.2,2, 2014 11 111111111111111111111111111111 Property Boundary / Previous Land Use 11111111111111111111111111 01 500 Feet 0 1884 Northern Manufacturing Rail Car Paint Shop 500 BARR Figure 2 HISTORIC LAND USE 1215 Main Steet North Stillwater, MN m Property Boundary 500 Feet 0 500 1111 BARR Figure 3 PROPERTY LAYOUT MAP 1215 Main Steet North Stillwater, MN en ices x. Phase 1 Documentation Appendix A Phase,U Environmental Site Assessment Documentation 15 13 Main Street North Stillwater, MN August 2014 U. General PropertyInformatio n Property location nnap i's shown on Figure 1. Property layout with former and existing features is shown on Figures 2 and 3, respectively. Property name: 15I3 Main Street NorthStillwater, MN County: Washington Property size: Approximately 1S/4acres (Ref 5c). Current Property owner and year of purchase: Elaine Aip|e Trust, 1985 (Refs. 4a' Sd Currem*Oocupank(s): E|aineAip|e Current Property use: The Property is currently used for single family residence and green space (Ref.5c). UU° PUnys~c0UN Setting Surface elevation: Approximately 700 feet above mean sea level, (Ref. le). Topographic conditions nf Property: The Property slopes from the west tothe east, with 3-l596 grades and! some flat and low-lying areas (Refs.le, Zd). Stra*gnaphy(soils and upper bedrock wnits): Surface soils |nthe area are composed ofmainly coarse sand and Brave[ capped in up to 10 feet of loamy sandi and covered by thick artificial, fill in developed areas (Rof.2d. Depth tobedrock ranges from 5OtoI0Ofeet below ground surfece(bgs) in the western portion of the Property to 151 to 200feet bgs near the eastern portion of the Property along the St. Croix River (Ref. 2c). Bedrock at the Property in)orclan Sandstone (medium- to coarse - grained quertzose sandstone)to 5t. Lawrence (dolomitic shale mndsi|tstone) and Franconia (fine- grained glauconitic sandstone) Formations east towards the lake (Ref. 2b). Nearest surface water body (name and distance): The nearest surface water body isthe Saint Croix River (Ref la). The Property isbound onthe east side b«the Saint Croix River, Additionally, there is a small unnamed pond located on the north end of the Property (Refs, la. Sh). BxRR[N6lNEe0mG COMPANY r:\wpN,awm\muzmzaumozSMain amStillwater rokw^mp|w\ ^"s*/omApp nuk*'mmex nvmm~^t°x^°\s_pu/xSa_ ppenuixx.uoc Anticipated groundwater depth/flow direction: The groundwater table is at approximately 650 to 700 feet above mean sea level in the area near the Property so depth to groundwater is expected from 0 to 50 feet below the ground surface (Ref. 1j). Groundwater flow in the area is generally in the east, south-east direction toward the St. Croix River (Ref. 1j). Regional aquifer: The St. Peter, Prairie du Chien -Jordan, Franconia -Ironton -Galesville, and Mt. Simon Aquifers all underlie portions of Washington County (Ref. 2a). Groundwater flow direction is towards the Mississippi or St. Croix Rivers in all aquifers (Refs. 1j, 2a). 111. Municipal Information & Utility Service to Property Water Supply Municipal water supply and intake iocation(s): The City of Stillwater provides water from wells, utilizing groundwater for municipal water supply (Ref. 4c). Property potable/process water supply: The City of Stillwater provides water to the Property (Refs. 4a, 4c). The Property has been connected to municipal water since 1997 (Ref. 4c). Prior to 1997, an on -site well was the source of water, and it has been sealed and capped (Ref. 4a). No issues were reported in regards to the capped well on site. (Ref. 4a) Have other potable water supplies serviced the Property? If yes, describe: One well, no longer in use, is capped and located on the property (Ref 4a). Sanitary Service Type of sanitary service for the Property: The Property is serviced by a septic tank on site (Ref 4a). Have other methods of sanitary service been used at the Property? None reported. Evidence of current onsite septic systems or drain fields: Property owner indicated location of underground septic tank in the backyard of the residence (Ref. 4a). A dark patch on the lawn was noted during the site visit above the location of the septic tank. Stormwater Management Is the Property serviced by stormwater drains, storm sewers, ponds or drainage ditches? No. Do any neighboring properties discharge to the Property? The road surface of Highway 95 is up - gradient from the Property and runoff discharges to the Property (Ref 5b). Fire Department Information The City of Stillwater's Fire Department had no record of spills, fires, leaking USTs/ASTs, or chemical storage on the Property (Ref. 4d). BARR ENGINEERING COMPANY P:\Mpls\23 MN1132123821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase 1 ESA\Appenefix A- Phase 1 Documentation\ 5_PHIESA_Appendix A,cloc Page A-2 Property Zoning The Property is zoned as one family residential and park, recreation and open space (Ref, 5e). BARR ENGINEERING COMPANY PAMpls\23 MN\82\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase 1 ESA\Appendix A- Phase 1 Docurnentation\5_PHIESA_Appendix A.doc Page A-3 UV. Property, Adjoining, and Surrounding Area Regulatory Status Regulatory database summary and supporting information is in H8S Report located in Appendix [l Only information generated through searches of databases required by ASTk4 1527'13 and within the appropriate minimum search distances were reviewed, Property and Adjoining Property Regulatory Status Table 1 0AST, Stillwater Yacht 0AST|istings The following releases were No. Releases to HVVGS, [|ub/MarineSemices are closed. documented on site: the soil were K[RAGK05' Inc., 422 E Mulberry RCRAGR05, ^ In lggy reported, UST StStillwater ` HVVG� and ' « gasoline release ' aounknown volume occuned groundwater (Adjoining) UST from aUAST. Groundwater was not contaminated. The LUASTsite was closed |n 2003'w|th no contaminated soils remaining. ° In l098,agasoline release of anunknown volume occurred from aUA3T Groundwater was not contaminated. The LUASTsite was closed |n contamination did not Occur and the leak sites have been closed, 2003. ° In l995'agasoline release of anunknown Volume occurred frmmaUAST. Groundwater was not contaminated. The site was dosed in 1997, with no contaminated soils remaining. ° One 1,O0Ogallon UST registered /nl986was removed; one 2'0UOgallon UST registered inI985was emoved, one 1.000yaUon UST registered in 1999*as removed, and one l0.U0O gallon UST registered in 1909 was removed. ^ This site iscurrently active and listed as acoodihonaUy exempt small quantity generator with no reported DAKnENG|NEE0NG COMPANY p:\mpluJ3wwmn\23no1ovooMaioSt N,Stillwater p*Kwo,mn/es\p»oe/csx\AppenumA-Phase 1 ovmi,n^"mo"*5_pmoA-xpve^mx k*o, violations |nthe HYYGI database. VICP, SRS Property Inactive The site isinactive inV[[P. No, as this isan inactive VICP site. A5TMList Definitions: LUST—LeakingUndevgroundStnrageTanks R[RAGRUS- Resource Conservation and Recovery Act- Generator Facilities HVVGS' Hazardous Waste Generator Sites Vl[P- Voluntary Investigation and Cleanup Program Sites Justification for not completing a file review is provided below in Section V, Surrounding Area Regulatory Status The following table provides asummary ofthose database listings that the environmental professional has identified aopotentially upgradient. Downgradientand/or side gradient listing are also included if the environmental professional has determined that the nature of the listing (e.g. Superfund site, chlorinated solvent release, landfill, etc.) should be evaluated for their potential to impact the Property. 4.1 411, And Yt No Noaddress: Unpenn\tted Groundwater Stillwater City Parcel Number dumping site. contamination Demolition 21I30.20.13.00 UNPEkK4DUMP Potentially has not been Dump 66 S,5AS 021mile NVV upgraJient. document. VA»RENGINEERING COMPANY pxmv/s\23wN\82\23o2zmuoz5Main uw.Stillwater poKWvmnw*px,e/Erx\AppenoiXA'Phase z ovmmmmnou\5-p*esA-xppenm,x.ouc Two4,N0 gallon underground gasoline tanks have been removed, One&'UOO gallon underground gasoline tank is active and being used. No. The presence ofa Ooo]00 gallon aboveground gasoline tank is UST/ASTa|one isnot indicative of vpieasp. as Wolf Marine 5l4[Adler active and it is not listed Inc. Street UA5T 825 mile being used. as LUST. No, Hazardous Inactive Ranking Score Private 2012 North 3'a unpermitte6 was 0and the Property Street VICP, SRS 0.32 mile NW dump site. site is inactive. Tribal Sites As part of the H0G Report, locations of Native American reservations equal too, greater than 640 acres in size within the search area are reported. No reservations meeting this size criterion were identified within l mile of the Property (Ref. 3a). The local government contact was not aware of Native American reservations or administered lands within l mile of the Property (Refs. 3a' 4c). Orphan Site Summary There were lOunmapped (o,phan)sites identified inthe regulatory report, None ufthe orphan sites with potential ordocumented releases tnthe soil and/or groundwater were determined tobelocated adjoining to or upgradient from the Property based on a review of area maps, field observations, and mapping websites. V. Report and File Review Summary Previous Environmental Investigations/Remedial Actions of the Property Relevant portions of previous investigation reports completed for the Property are reproduced in Appendix E. The following table gives a general summary of the each known previous investigation's scope, conclusions and recommendations. Each investigation is described according toits specific reference number, as denoted inthe Information Resources section ofthe Assessment report. 8ARKENGINEERING COMPANY p\wp|s\23wwmozma1uozzz5Main St N,Stillwater p*xwvmn/ouphm,o/sSmA»venom^.Phase I nvmm^nnuv*5_p*/cSA-Appermix A.mx A Phase I Environmental Site Assessment was previously The previous investigation report indicated conducted on this Property in September 2006 by Barr 6 findings, and one: Engineering. The investigation included the Property Parcel North -Adjacent to 601 North Main Street, Stillwater, 0 Two 55-gallon steel drums, considered Minnesota. The previous PHIESA did not cover the entire to be storage tanks. This finding was Property currently under review, but covered considered a REC as the contents were approximately the Southern half to one third of the unknown and indicated clumping. Property. 0 Construction and clernolition debris consisting of concrete slabs and steel piping throughout the property indicating that dumpinghad likely occurred. This was not considered a RE[ as it was not necessarily indicative of petroleum nrhazardous waste release. ° Anempty paint can. This finding was riot considered aRE[and was considered ademinimbfinding, as only one was discovered. ° Stressed vegetation and sparse soil cover. This finding was not considered aR[Casitwas more likely associated with the debris present on site, with the sparse soil causing the stressed vegetation. w The site was also potentially dmwngmJientfrom sites with regulatory listings, such asthe Old Territorial Prison site listed under K4N VI{, Bnown8e|ds.Spills, and LUST programs. These were not considered RE[given the flow ofgroundwater and the extent of re'nedia6on of the upgmdient sites. ° The Property had been used for railroad car painting, storage for lumber and slabs from anadjacent saw miU, and storage of farm equipment. This finding was not considered aRE[' but anHREC. Property File Review Summary A file review was not conducted for the Property given the documentation provided by the prior PHlE3A. The Environmental Professional responsible for the previous investigation was interviewed and it was determined that no additional information was required (Ref.4e). A file review was not conducted for adjoining properties as the LUST listings have been closed out and nogroundwater cnntanmination occurred. oAKRENGINEERING COMPANY p:\wp/*z3mm\oou3moouzu5Main omStillwater pmvwnwl`i/es\px`e/ESmAvprwmx'Phase 1 Doc umen,ouon\s_pxaSA-AppromxAav, Property Historical Releases No chennica| or petroleum releases were reported for the Property, No known remedial actions or environmental violations have occurred on the Property (Ref.4b). Environmental Liens No environmental liens were identified for the Property (Ref. 4b). Activity Use Limitations No institutional or engineering controls were identified for the Property (Ref. 4b), Proceedings Involving the Property No pending, threatened, or past litigation. No administrative proceedings, or government notices relevant to hazardous substances or petroleum products were identified. (Ref. 4b) VU. Property and Nearby PropertyKand~Use History Property Land -use History Original Property development (year/use): Records showed nodevelopment ofthe property prior tol84O(Ref.lb). Chronology of Past Property mse/mm/neroMip: Northwest Manufacturing Company 1884-1888 r/k, Sanborn Fire Insurance Maps, Previous Phase l Environmental Site Assessment �1/2� 111Z Building was used asapaint shop for rail can. Waste disposal methods unknown. Minnesota Thresher Manufacturing Company 1888'1808 Sanborn Fire Insurance Maps, Previous Phase / Environmental Site Assessment Buildings include boarding houses, asteam dry kiln, a foundry, and manufacturing warehouses. Waste disposal methods are unknown. 5tap|e*AdpeSavv Mill Co 1888'1904 Sanborn Fire Insurance Maps, Previous Phase / Environmental Site Assessment Sawmill and Lumber storage, Waste disposal methods are Unknown. Northwest Thresher Company I904'1910 Sanborn Fire Insurance Maps, Previous Phase I Environmental Site Assessment Buildings include a materials storage shed, a foun6ry, a cleaning and castings facility, a paint shqp, and a separator warehouse. Rail and Lumber Yard 1888'I910 Sanborn Fire Insurance Mops, Previous Phase / Environmental Site Assessment Property had rail lines on site and served as both a rail yard and lumber yard. Historical Property Structures BARRENGINEERING COMPANY pxwp/^'3wwm2\23oxunnzusMain Stw.Stillwater pxKwvmmes\p^,e|Esxwppe,di^x-Phase z Doc umenmoon\S_px/cS^_App nuixA.uv PagoA,R The following historic structures were demolished or removed from the Property: Warehouse building or covered shed Approx. 30.000 square feet Paint shop' warehouse Built before 1884, demolished hetweenl9lO andlS34. Structure is present in Sanborn maps from 1884, 1888, 1898. 1904 and 1910(Ret lb). Structure was used asapaint shop and warehouse. Apart from paint, historical chemical use inthe structure is unknown. Steam dry kiln and warehouse Approx. 7,500 square feet Steam dry kiln, warehouse Built before 1884, demolished betweonl9Ol andl8O4. Structure is present in Sanborn mapmfnonn l884,I88@\and 1898\(Ke[lb). Structure was used as steam dry kiln and a warehouse. Historical chemical use inthe structure is unknown. Demolition Debris and Potential Asbestos Containing Materials: It is unknown if the structure demolition material was left onsitm orifit was taken offsite, or if osbpuhns containing materials were part of the demolition debris (Ref, XX). Debris observed on site included concrete slabs of varying sizes, scrap metal and nehar. Nearby Property Land -Use History North Historical Use: Currant Use: South Historical Use: Current Use: Historical Use: Current Use: Historical Use: Current Use: The area north cfthe Property was historically used for residential purposes since 1957 (Refs. 1a. 1N. Prior tzthat, the area was used for storage in association with the railroad (Refs. la' lh). The area north iscurrently used for private kownhomes'residences and asmall marina/boatdip. (Ref. Sbj The area south was previously used for commercial and industrial activities, including amanufacturing company, asaw mill, threshing company, and arail and lumber yard. (Reh.l6.ljj The area south iscurrently used a`omarina and ovacant restaurant. (Ref. The Saint Croix River is directly east of the Property. VRe[Ibj The Saint Croix River is directly east of the Property, (Re[ 5bJ Residential and commercial use. The Old Territorial Prison was located west of the Property at the southern end from (Ref l6.) The areas west ofthe Property are predominately residential and are occupied 6ysingle family residences, (Ref 5bJ General type pYcurrent mr past uses imthe surrounding areas: The area tothe west has been residential/commercial since the I88Os'including shops, private residences, and a boarding house (Ref. lb). The area to the south of the Property was used for industrial purposes since the 1880s and gxKREN6NEERImG COMPANY Pag*A-V p*wp/*z3wwm2\z3a2unu1zz5Main uw.Stillwater p*mwvmn/eapha,e/em«npmm`«-Phase I ovmm,nmxv^\5_pmcS^_«vpeudixxao, included asaw mill, equipment manufacturing, and athresher. The area hzthe west was used asa foundry and the Old Territorial Prison (Re[lb). The area tothe north has been used for residential purposes since 1965(Ref.la). Historical releases associated with adjacent properties or communities: None known. ��UU ��^^ Reconnaissance ° "". �""� ��������U0sance The objective of the site reconnaissance is to obtain information indicating the likelihood of identifying recognized environmental conditions in connection with the propertY(A6TK4 1527'13 Sec 9.1). Existing Property features are shown on Figure l Photographs obtained during the Property inspection are in Appendix B. The following areas were inaccessible during the site visit and constitute data gaps: * The bedrooms and downstairs living space ofthe residence. Date wfinspection: August 5,2Ol4 Name nfindividual conducting site visit: Mandy 8ohnenb|ustand K4eaghanWatson Weather information: Sunny, 7Sdegrees Fahrenheit Interior Observations Features mfCurrent Property Structure(s) The following table summarizes the current Property structures and features. Use(s): Residence and detached garage Construction Information: House was constructed inl955(RoL4a). House is alower-level walkout with some underground storage, and anattached finished garage. Tenants (name and type): None Fuel Source for Heating and Cooling: Underground heating oil tank, located west ofthe house, Nosigns n(staining orvegetative stress was observed. Potential Vapor Migration Pathways (Examples include utility penetrations, sumps, drainage pits, subsurface utility conduits o,drains, elevator shafts, etc.) None observed. Roof/Wall Exhaust Vents Associated with Current orFormer Process Equipment: None observed. Floor Drains (*\ location, condition, discharge points) None observed. DAKRENGINEERING COMPANY p:\wn/s\23mN\82\23ouznoozsMain uw.Stillwater p*KWvmn/e*mo,e/oaAn»ermmx'Phase z msummmon*s_poeSx_Appevuuxun, Page A-10 Floor Type and Condition (cracWng, staining): Floors inthe attached garage, storage area, and detached machine shed were sealed concrete, in good condition, with very little cracking. Some minor staining was present inthe detached garage onthe second floor, though nocracking was observed. Tmansfmrmers(w. location, condition, indication of PCBs): None observed Electrical mvHydraulic Equipment (oon6it|nn' location): None observed Sumps Containing Liquids: None observed. Parts Washers: None observed. Chemical Storage: Garage attached tnthe primary residence contained basic household cleaners. Containers were clearly labeled and were ingood condition, The detached garage contained lawn care equipment and associated fuel containers. Fuel containers were properly stored and ingood condition, with no siqns of staining or |eakinq. Waste Storage: None observed apart from municipal trash bins. WSToand ASTs(interior mobuUd|ng): None observed Odors and Stains: Gasoline odor was present |nthe detached machine shed. Nvstains were identified onthe paved interior floors or exterior to the building, Unoccupied occupant spaces: None observed. Exterior Observations Methodology used to observe the Property: The Property was inspected onfoot bv1ransects, proceeding from the residence and walking south along the western half and proceeding north along the eastern half ofthe Property, Access to the Property (vehicular access and restrictions tmpublic access): Access to the Property is available east off of Highwmy95, which leads to a gravel drive and then paved driveway, The driveway iogated, restricting public access. Periphery of the Property (roads, streets and parking facilities, etc.): The Property is adjacent to and runs parallel to Highway95. m two-lane, paved highway. Additionally, o paved asphalt driveway leads to the residence. There are parking areas outside the Property gate and west of the residence. Ground surface cover (paved, gravel, grass): The Property was predominately vegetated and forested, with some paved driveway and gravel areas, Additionally, the Property has waterfront along BxRnENGINEERING COMPANY p:\wp|*z3mwwru3ou1oouoMain mw.Stillwater voxWomn/es\p*,,,/o«Vppenm^x'Phase z mvomeomwo*5-p*as«_xnpemui)(A.uv PngcA'o the Saint CrVixRivev, The paved surfaces were ingood condition. nnstressed vegetation was Visible evidence mf filling, excavation, mnburned areas: Debris pilesand pieces ofconcrete were observed throughout the Property along the east side at the top of the slope down to the wate,r's edge. Additionally, aconcrete retaining wall structure is present running parallel tothe western boundary on the southern half of the Property. The retaining vvaU is in moderate condition with some cracking and crumbling. Visible evidence ofvegetative stress: None observed. Pits, ponds, lagoons, and standing surface water: Asmall pond was observed onthe northern edge ofthe Property, Stained soil or pavement: None observed. Wastewater, stornmvxmter, and other visible liquid discharge points into a pipe, pond, clitch~ stream adjoining property orthe Property: Asmall stream was observed running north; along the Property, parallel tothe driveway. indications of past uses of the Property likely to lmnmCwe the use, treatment, storage, disposal or generation of hazardous substances wrpetroleum products: The remnants ofasteel 55-gaUom drum were observed on the topslope of the shoreline towards the south end of the Property. No other indications were identified. Nonpotabdeymrouesmwells: One capped well islocated west ofthe residence. Itisnolonger a source of drinking water for the residence as municipal water has been connected since 1998 (Ref. 4c). The Property owner did not indicate any issues with the well (Ref. 4a). Pipelines across or into Property: None observed. Rail lines: Former rail lines were observed at the southern end of the Property, running north along the western Property boundary, following the former railroad's path. The rail lines were observed to be mostly removed, with some wood ties left in place. There was very little wood remaining on site and was inpoor condition and mostly falling apart. Transformers: None observed, Outdoor Chemical Storage Areas/K]rumms: None observed. Underground Utility Locations: A6" water main runs west toeast onto the Property from afire hydrant mrUouent to Highway 95 approximately mtthe midpoint between the north and south Property boundaries, then abuts a 6" main running north -south along the Property, The residence is serviced via al" vvaterma[o running east from the second 6" water main. Odors: None encountered. B8RREm6[mFEnJNG COMPANY p*wp|s\ommmz\mmomozzzsMain Stw.Stillwater r*Kwv,kFi|eopha,e/sA\»ppenu,xa-rx^5e ^ omcumcn,auop^s_p*esA_Appenu.xA,amc Page A-12 VUUU~ Interior and Exterior U�STm and J&STs Property Owner indicated the presence of a UST for heating fuel for the, residence on the Property (Ref. 4o). The UST is located west of the residence (Ref. 4a). No staining, leaking, or stressed vegetation was idenhf[od. IX. Interviews The objective ofinterviews istoobtain information indicating recognized environmental condition in connection with the property (4STM 1527'13 Sec l&I). Interview questionnaires are in Appendix F. Especia,lly relevant information from the interviews is included and documented throughout the Assessment report and Appendix A. aAnnENGINEERING COMPANY p\mplx23 Mwm2\2aazumzu5Main StmStillwater px1\Womn|^s\npe/cSA\Arpenmixx-Phase / n"'vmonuo^^\5-pHIcsx_xprenumx.uuc Pag,Arg pen X Property Inspection Photographs Appendix B Pro����Inspection��h�t����a�hs PropertyPhotographs 1513 Main Street North Stillwater, MN Augustl,2014 Phuto# Comments l Retaining wall observed parallel hoHighway 95onsouthern edge nfProperty 2 Concrete and brick debris observed throughout the Property 3 Evidence offormer rail lines onthe south end, ofthe Property 4 Typical concrete debris observed along shoreline 5 Steel 5Sgallon drum observed along hmps|npeofshoreline G debris observed along St. Croix River .Typical 7 Typical debris observed onthe north end oythe Property O Typical debris observed nnthe north end ofthe Property P:\Mps\23MN\82\238211U01215Main StN.Stillwater PHKVYvrkFUeoVPhae|EGAV\ppendixO-Property Inspection Pxomv\7_PmcoA_«ppenoixo_Phmolog.xlo B-1 Photo 1: Retaining wallobserved parallel to Highway 95 on southern edge of operty ed throughout he Property P:\Mpls\23 MN182\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase I ESA\Appendix B- Property Inspection Photos\7_PHIESA_Appendix B_Photolog,xls B-2 Photo 3: Evidence af or e ail lines on the south end of the Property Photo 4: Typical concrete debris observed along shoreline PAMpls123 M61182123821100 1215 Main St N, Stillwater PHIIWorkFiles\Phase I ESA'Appendix B- Property Inspection Photos\7_,PHIESA_Appendix B_PhotologAls B-3 Photo 5: Steel 55 gaUon drumobserved along topslope of shoreline Photo 6: Typical debris observed along St. ,ffill1111111111111111111 11111111111111111111111111111 HI Howl' PAMpls123 MN182\23821100 1215 Main St N, Stillwater PHI\WorkFiles\Phase I ESA\Appendix 6- Property Inspection Photos\7_PHIESA_Appendix B_Photolog,xls B-4 „, ,i111,111yrpc,,,11.011:,‘„;,u Photo 7: Typical debris observed on the north end of the Property 1(1'11110'1, ''311 Photo 8: Typical debris observed on the north end of the Property PAMpls123 MN182123821100 1215 Main St N, Stillwater PHIMorkFlles\Phase I ESA'Appendix B- Property Inspection Photosk7_PHIESA_Appendix B_Photolog.xls B-5 en ices t ru (On C CITY OF STILLWATER AIPLE PARK MASTER/VEGETATION MANAGEMENT PLANS REQUEST FOR PROPOSALS ADDENDUM December 4, 2019 INQUIRY RESPONSE General The included plan was from 2017, is there a reason this is being updated to soon? Were there items not included or identified previously? Was there a public engagement process in 2017? The included plan is a concept. At the time of Concept Plan development and approval, the existing structures were proposed to be removed. They are no longer required to be removed so long as the purpose for the structures and general use of the site meets the requirements of the conservation easement. The final plan will address the improvements called out in the plan, the estimated cost for improvements, and a timeline for installation. The plan and/or appendix, will address the vegetation management needs in concert with the physical site improvements. Is there more information on the process of how the County acquired the land and the City is managing the property? Is the County involved in the development of the park in any way (funding, programming, etc.)? The County purchased the land, with financial assistance from the State (matching City and County funding), for the sole purpose of transferring the property to the City. The City is currently managing the property by restricting vehicular access; the City is not prohibiting anyone from walking on to the site though the property is not advertised as a public park at this time. The County is not involved with the funding or programming of the park in the future though the City will ask the County to review and comment on the final plans. Funding Are there any funding sources for this project or is it all City funded? The master plan and vegetation management plan development as well as the site development is City funded. The City may seek other local, state or national funding programs for physical infrastructure and site improvements in the future. Proposal Submittal/Selection Is there a page and/or size limitation on electronic submittals? The City does not have a page or size limitation on electronic submittals. However, due to sender/recipient IT constraints, files in excess of l OMB may not be transferred accordingly. Large files are recommended to be placed on a reputable file share site for City download. The City of Stillwater does use Dropbox for such purposes and, if requested, a file folder link can be created for this purpose. Who/how will the consultant selection be determined? Pages 6-7 of the RFP outlines the proposal review criteria and which City staff will be reviewing proposals for recommendation to the City Council. Schedule/timeline for the selection process? City staff will review proposals on December 11-12th. A recommendation to enter into contract for consulting services will be released on December 13'. The City Council will consider approval of the contract on December 17'. City of Stillwater Aiple Park Plans Request for Proposals Addendum, Page 1 Schedule/Timelines Has an anticipated and/or formal schedule been established for the project? The City does not have an anticipated or formal schedule for the project. Proposals are requested to submit a proposed Project Work Plan and schedule for the project. Timeline or benchmarks for the master plan process. The City would like to have 30%, 60% and 90% review submittals; however, this can be amended as per the proposed Work Plan and schedule (see note below in the Reviews section). The proposal should outline the proposed benchmarks to be completed by those review submittals. Project Tasks What is the expected level of effort for the $7,500 Vegetation Management Plan? How much field work or mapping work do you anticipate for this effort? The City is not well -suited to know how much field work or mapping work is anticipated to determine the appropriate vegetation management needs. However, the areas (established turf lawn and wooded areas) where the City seeks to manage vegetation are easily visible and identified so it is assumed minimal filed work and mapping is minimal. Are there any specific project goals or amenities already identified that should be included in this process? All elements of the Concept Plan must be included in the master plan. Identification of the location for the fishing pier must be made. Public participation regarding the reuse of the former residence is required. Reviews The RFP calls out review submittals at 30%, 60%, and 90% completion. Are these incremental submittals required as noted or is there flexibility to adjust submittals to optimize review efficiency/project benefit? What do you see as required for these deliverable at these stages? Are you seeking 3 different review plans as part of the process? Is the assumption that all regulatory agencies will review and provide comments within 2 weeks of receipt of these plan stages? The 30%, 60% and 90% completion need not be formal submittals nor are specific deliverables required. The intent of this requirement was to gauge progress and monitor the work completed. The City is flexible on submission materials and timeline for efficiency/project benefit. As physical infrastructure improvements will not occur as part of this project, the City is not required to consult with other agencies. However any (partial or full) plans will be sent for courtesy review to Washington County, Middle St. Croix Watershed Management Organization, and the MN Department of Natural Resources. The City will request a two -week review and comment period of all consulting parties. Deliverables Are separate deliverables the expectation (stand-alone park master plan and stand-alone vegetation management plan) or can the plans be merged? Separate deliverables are not required. The future development and management of the site may be better suited for a single, combined plan to address all infrastructure and vegetation management needs in concert with one another. City of Stillwater Aiple Park Plans Request for Proposals Addendum, Page 2 MINNESOTA LAWFUL GAMBLING 6/15 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 (NON-REFUNDABLE) REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Lease for Lawful Gambling Activity. 2. $150 annual premises permit fee, for each permit (non-refundable). Make check payable to "State of Minnesota." Mail the application and required attachments to: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. ORGANIZATION INFORMATION Organization Name: Chief Executive Officer (CEO) Gambling Manager: GAMBLING PREMISES INFORMATION Current name of site where gambling will be conducted: List any previous names for this location: St et address where premises is located: (Do not use a P.©, box number or mailing address.) OR Township: County: C"--ZP) Does your organization own the building where the gambling will be conducted Yes ElNo If no, attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. Is any other organization conducting gambling at this site? Zlp Code: Yes MNo I Don't know Note: Bar bingo can only be conducted at a site where another form of lawful gambling is being conducted by the applying organi- zation or another permitted organization. Electronic games can only be conducted at a site where paper pull -tabs are played. Has your organization previously conducted gambling at this site? Yes Don't know GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: Bank Street Address: �N!..,,c{ ity: Bank Account Number: 1 Lo2 State: MN Zip Code: TEMPORARY AND PERMANENT OFF -SITE STORAGE SPACES Address (Do not use a P.O. box number): City: State: Zip Code: MN MN MN LG214 Premises Permit Application 6/15 Page 2 of 2 ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION CITY APPROVAL for a gambling premises located within city limits City Name; Date Approved by City Council: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: Title: Date Signed: Local unit of government must sign. COUNTY APPROVAL fora gambling premises located In a township County Name: Date Approved by County Board: 4_ Resolution Number: (If none, attach meeting minutes.) Signature of County Personnel: Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: _....,... .e„_ Signature of Township Officer: Title: Date Signed: ACKNOWLEDGMENT AND OATH 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter and inspect the premises. 2. The Board and Its agents, and the commissioners of revenue and public safety and their agents, are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3, I have read this application and all information submitted to the Board is true, accurate, and complete. 4, All required information has been fully disclosed, 5. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. 8, Any changes in application information will be submitted to the Board no later than ten days after the change has taken effect. 9. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license approval/denial. Chief Executive Officer (designee may not sign �� / /9 Date a privacy notice: The information requested on this (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the Information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to Issue a permit. If your organization supplies the Information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board, All other Information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public, If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety, Attorney General, Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format, i.e, large print, braille, upon request An equal opportunity employer MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawfu Gambling Activity LEASE INFORMATION 6/15 Page 1 of 2 Name City eased Premises: essor (If sa License/Site Number City: State: Zip: Street Address: /4-gi!) Fre'll_ a:54, -.35/ 9 Daytime Phone: s legal wner, write "SAME"): Check applicable item: X.{ New or amended lease. Effective date: _ of the change. New owner. Effective date: _ Busine s/Stree Address: State: Zip: Daytime Phone: Submit changes at least ten days before the effective date Submit new lease within ten days after new lessor assumes ownership. CHECK ALL ACTIVITY THAT WILL E CONDUCTED (no lease required for raffle El Pull -Tabs (paper) Electronic Pull -Tabs rg. Pull -Tabs (paper) with dispensing device Electronic Linked Bingo 1521 Bar Bingo Bingo Tipboards Paddlewheel riPaddlewheel with table Electronic games may only be conducted: 1. at a premises licensed for the on -sale of intoxicating liquor or the on -sale of 3.2% malt beverages; or 2. at a premises where bingo is conducted as the primary business and has a seating capacity of at least 100. PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT (separate rent for booth and bar ops) BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games: Monthly rent to be paid: %, not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION, All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES: Monthly rent to be paid: %, not to exc 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 100/0 of gross profits for that month and is subject to booth operation $1,750 cap. BINGO RENT (for leased premises where bingo is the primary business conducted, such as bingo hall) Bingo rent is limited to one of the following: • Rent to be paid: %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. - OR - • Rate to be paid: $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confiprithessimparable,ratt.,,a0sLalLapplit.able, costs to be paid by the organization to the lessor. - 0__3_9nt may not be paid for bar bingo. 1 Bar bingo does no( Include bingo games inked to other permitted premises. LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written \ day notice. Other terms: LG215 Lease for Lawful Gambling Activity Lease Term: The term of this agreement will uaconcurrent with the premises permit issued bvthe Gambling Control Board (Board). Management; The owner of the premises or the lessor will not manage the conduct of lawful gambling atthe premises. The organization may not conduct any activity on behalf ofthe lessor onthe leased premises. Participation asPlayers Prohibited: The lessor will not par- ticipate direct|yo,ind|rocdyosop|ayerinany|awfu|gamb|ing conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except asauthorized by Minnesota Statutes, Section 349.181. IUUmma1 Gambling: The lessor isaware nrthe prohibition against |||egn| gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization tuwithhold rent for aperiod nfupto9Odays ifthe Board determines that illegal gambling occurred on the premises �o,that the lessor orits employees participated |nthe illegal �gambling or knew of the gambling and did not take prompt action to stop the gamb|mg. Continued tenancy of the organiza- tion is authorized without payment ofrent during the time period determined by the Board for violations of this provision, as authorized byMinnesota Statutes, Section 349.18,Suhd. z<*>. To the best pfthe lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being � �used, and are not capable of being used, in n manner that violates the prohibitions against illegal gambling inMinnesota Statutes, Section 60*.75. � Notwithstanding Minnesota Rules 7865.0220, Subpart a,an organization must continue making naot payments under the terms of this lease, if the organization or its agents are found to be yo|e|v responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Ku|es7V61.0280, Subpart l, item H' or Minnesota stomu=' Section 609.75' unless the organ|zadnn'sagents responsible for the illegal gambling activity are also agents oremployees orthe lessor. The lessor must not modify vrterminate the lease in whole or in part because the organization reported, to state orlocal law enforcement authority or to the Board, the conduct of U|eg^| gambling activity atthis site in which the organization did not participate. Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) ofgambUng-related equipment and ser- vices orin ,he use ofnet profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in �the same residence asthe lessor, and any agents o,employees �ofthe lessor will not require the organization toperform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole prin part due tothe lessor's violation ofthis provision. zfthere isadispute asto whether violation occurred, the lease will remain in effect pend- ing aMna|determ|natinnbytheCom |i Review Group (CRG) ofthe Board. The lessor agrees toarbitration when aviolation o[ this provision is alleged. The arbitrator shall be the [*G. Access to Permitted Premises: Consent is given ,o the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel menter and inspect the permitted premises atany reasonable time during the business hours ofthe lessor. The organization hasacce=su,the premises during any time reasonable and when necessary for the conduct pflawful gambling. Lessor Records: The lessor must maintain a record of all �money received from the organization, and make the record available oothe Board and its agents, and the commissioners or revenue and public safety and their agents upon demand. The record must be maintained for a'z/ayears. Rent All-inclusive: Amounts paid asrent bvthe organization tothe lessor are all-inclusive. Nnother services orexpenses provided or contracted by the lessor may he paid by the organi- zation, including but not limited to: - trash removal electricity, heat ' snow removal ' storage janitorial and cleaning services - other utilities or services - lawn services ' security, security monitoring ' cost orany communication network orservice required uo conduct electronic pull -tabs games or electronic bingo in the case ofbar operations, cash shortages. �Any other expenditures made hyanorganization that isrelated muleased premises must »eapproved hvthe director ofthe aoand. Rent payments may be made to an individual. . ACKNOWLEDGMENT OF LEASE TERMS Iaffirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained In or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease: f Lessor: Print Name and Title of Lessor: ' /e Signature of Q�g?,tnizabnOfficial (Lessee): � Questions? m��meu��/�s�mn'samm/�m��mmm'� large print, braille) upon request. Data privacy notice: The information requested on1's�+19no.Th�pum�vuonwmoc made �a/mo�mamemnuvemnna (i.e."become�"" `"'� '""" """ any attachments ' "�`"" public""""""""" when received by meaoam,and wN»eused wg�enn/mcyour cvmp|m�ewxxwin^esoms�m,cs and rules governing lawful gambling activities. Date: �_A��'/17 ���wameondT�eo fLe,sea� �� M�nmrfax �mmmtn Minnesota Gambling Control Board zrz1vv Countynoou p\sumesooSou� mosovnm,mws5z� Fax: osz'oss'*osz Lessee: ~~ RESOLUTION 2019- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE HIGH SCHOOL AT 1835 NORTHWESTERN AVENUE CASE NO. 2019-58 WHEREAS, Paul Loomis, representing Chesterton Academy of the St. Croix Valley, submitted a request for a conditional use permit to operate a Catholic High School, Grades 9 — 12, at 1835 Northwestern Avenue; on property legally described as follows: The South 126 feet of Lot 7, Block, 3, Feely's Addition, Washington County, Minnesota; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit for the school on November 27, 2019 and unanimously supported the location for the school; and WHEREAS, the City Council held a public hearing on the conditional use permit request on December 3, 2019 and found that with appropriate conditions the project would be compatible with the surrounding business neighborhood and would be consistent with City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the conditional use permit with the following conditions: 1. Use of the property shall be in substantial compliance with the plans on file with Community Development Department. (CPC Case No. 2019-58.) 2. A Design Review permit must be submitted and approved by the Heritage Preservation Commission for any exterior alterations that exceed a total value of $10,000, excluding any exterior trash enclosure as addressed in Condition 9. 3. Prior to installation of new signs or sign faces, a sign permit application must be submitted and approved by the Community Development Department. 4. All student drop-offs and pick-ups must occur in the school's parking lot or at the front door to the school. And any queuing on Northwestern Avenue shall only occur on the eastern shoulder of the street as seen in Exhibit B. 5. The maximum gross floor area of the school shall not exceed 8,000 square feet unless an amendment is granted to this Resolution by the City Council. 6. Enrollment is limited to 200 students. But in no instance shall the school's maximum building occupancy exceed that which will be established by the City's Building Official when a building permit is submitted for the necessary remodeling. 7. Proof of 54 on -site parking spaces has been provided and is attached as Exhibit A. The proposed second parking lot on the property, for future expansion of the school, would have at least 21 spaces and the existing lot has 33 spaces. This is anticipated to be sufficient to accommodate the maximum enrollment of 200 students, as long as the current car-pooling transportation model is continued. 8. With the one-way drive aisles of the current and future parking lot, there would be space on site in the future to queue about 35 vehicles for student drop-off and pick-up. The one-way queueing pattern also makes it possible for all students to be dropped -off and picked up without crossing the line of queued vehicles. This together with the queuing shown in Exhibit B is likely sufficient to accommodate the maximum enrollment of 200 students. If queuing cannot be accommodated as shown in Exhibits A and B, then staggered dismissal times will occur by grade level to reduce peak demand. 9. Unless trash is kept inside until trash collection days, a trash storage enclosure must be built. It must be completely enclosed with building materials compatible with the principle structure. And, its location must be approved prior to construction by the City Planner. 10. All minor modifications to the plans referenced in Condition 1 shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the Planning Commission. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of December, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Proof of Parking III rl �Mlil , iq .I'..IOf Fit, %! g� Future parking lot shown in pink; one-way drive aisles; future on -site queuing shown in yellow ✓ter✓///- Exhibit B Permitted Queuing ✓/%iiiiii✓Dj ���r�o�OrrP/7ii �i?ado%%v;�%/✓i�� r11�>11���I�/�/ll�%l/1 /f /, /, (111� �1/ Permitted vehicle queuing shown in yellow The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING December 17, 2019 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS V. OPEN FORUM - The open forum is a portion of the council meeting to address council on subjects which are not a part of the meeting agenda. The council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. out of respect for others in attendance, please limit your comments to 5 minutes or less. VI. STAFF REPORTS 1. Police Chief 2. Fire Chief 3. City Clerk 4. Community Development Director 5. Public Works Director 6. Finance Director 7. City Attorney 8. City Administrator VII. CONSENT AGENDA - all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 9. December 3, 2019 regular and recessed meeting minutes 10. Payment of Bills 11. Acceptance of Cash Donations - Resolution 12. Aiple Park Master Plan Consultant Agreement - Resolution (available Tuesday) 13. Animal Humane Society Impound Housing Services Agreement 14. Biercycle Adventures License Renewal - Resolution 15. Copier Replacement for Police Department Squad Room 16. Encroachments at 401 S. Main Street - Resolution 17. Gambling Premises Permit for American Legion 3rd Street Post 18. Legal Publication Designation for 2020 - Resolution 19. Library Board Trustee Appointments 20. Lowell Park Pavilion Historic Structure Report Consultant Agreement - Resolution 21. Tobacco License for Two Brian's, LLC DBA Brian's - Resolution VIII. PUBLIC HEARINGS - out of respect for others in attendance, please limit your comments to 10 minutes or less. 22. Public hearing to consider the street improvements for the Neal Avenue (Boutwell Road to White Pine Way) Improvement Project (Project 2019-08). Notices were mailed to affected property owners and published in the Stillwater Gazette on December 6 and 13, 2019. - Resolution IX. UNFINISHED BUSINESS 23. Case 2019-58 Zoning Text Amendment to allow Schools by Conditional Use Permit within the BP -I district. Property located at 1835 Northwestern Ave - Resolution and Ordinance 2nd Reading X. NEW BUSINESS 24. City Council and Boards and Commission Meeting Calendar for 2020 - Resolution XI. CLOSED SESSION 25. Pursuant to Minn. Stat. §13D.05, subd. 3(b) to discuss attorney -client privileged communication regarding 121 Chestnut Street East XII. COUNCIL REQUEST ITEMS 26. Consideration of Approving Settlement Agreement for 121 Chestnut Street East - Resolution (available Tuesday) 27. Authorizing Expenditure of Funds from Tax Increment District - Resolution (available Tuesday) XIII. ADJOURN Page 2 of 2 City Council Meeting Agenda December 17, 2019 4111wa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES December 3, 2019 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna Absent: Councilmember Weidner 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 City Clerk Wolf OTHER BUSINESS Union Alley Garbage Issue Community Development Director Turnblad reminded the Council that at the November workshop, staff outlined a cooperative agreement proposal for the use of public lands in the alley between the 100 block of North Main and North 2nd Streets for trash, recycling and grease storage. The goal is to reduce the total number of containers to keep the alley cleaner through the winter. The Council was favorable to the concept, but raised concern about agreement language and which businesses would participate. The cooperative, originally proposed by Sara Jespersen of the Lumberjack Bar, in the JX Events Venue building, will be less costly to participating businesses. While that building accounts for 30% of the total trash in the cooperative, moving to four bins is a 70% reduction in bins in the alleyway. However, without the building at 123 2nd Street North in the cooperative, the program will not be more costly for participating businesses, and the trash will not be removed four times per week. He provided a proposed resolution authorizing the City Administrator to enter agreements with the cooperative participants. Councilmember Junker noted that this agreement would reduce the existing garbage cans to four two -yard containers and 1 greaser. In the future he would like to see the greaser dumped on a regular basis. There also is a restaurant linen holder and other miscellaneous items that should be removed or moved inside. Mayor Kozlowski expressed that he is in favor of JX Event Center participating in the cooperative, because it reduces the total cost; however Mr. Turnblad replied that if they participate in the cooperative, JX would have to apply for an amendment to their use permit to allow them to store garbage outside and screen it. Councilmember Polehna stated he would like Ms. Jespersen's name taken off the resolution. City Council Meeting December 3, 2019 Mr. Turnblad indicated that the Council could conceptually approve the resolution and staff can bring back the final version. City Attorney Land explained that she has prepared the cooperative agreements which state the property owners will keep the area clean, or the City will do it for them and assess the cost against the property. She added that the first "Whereas" clause can be removed naming Ms. Jespersen. If the Council is comfortable with the concept, the resolution does not have to come back to the Council. Councilmember Junker requested a deadline no later than January 31, 2020. Motion by Councilmember Junker with noted deadline and strike first Whereas, seconded by Councilmember Collins, to adopt Resolution 2019-139, a resolution approving Agreements for the Use of Public Property. All in favor. Rec Center Curling Club Community Development Director Turnblad summarized the potential management/ ownership models for establishing a curling center at the St. Croix Valley Recreation Center. He described that the preference of St. Croix Curling Club is a private public partnership. The City would own the land, lease it to the curling club, and the club would be responsible for building and maintaining it, and managing the center and the food service, possibly with a sublease to run the food service. He added that the club would like to begin its capital campaign for the future facility, but before beginning, they would like to reach conceptual agreement with the City Council on some of the main elements of a potential contract. He reviewed conceptual agreement points involving land, parking, building location, tournament scheduling and terms of commitment. They would like to construct the facility south of the dome. The existing skateboard park would be moved to the side. They would like three years to raise the money. Councilmember Junker remarked that he is not opposed to the proposal, but feels a 40 year lease is too long, and three years for fundraising is a long time to tie up the property. Further, he would like to know the cost of the parking stalls to be built. Al Taylor, St. Croix Curling Club, informed them that the group is willing to work with the City on these points. They have drafted a pro forma P & L for three years that is fairly conservative. After the first year they expect to have a lot of information about when they can raise the money. The rough cost estimate for the building is approximately $5-7 million. They expect the building to be fully paid for when they open. Councilmember Polehna pointed out that the facility would attract winter visitors and possibly world championships to Stillwater. He does not necessarily agree with some of the points in the proposed contract, such as the lease terms. He feels the proposal is good, but needs to be studied by staff and presented to the Parks Commission before action is taken. Mr. Taylor emphasized that curling also addresses the societal problem of loneliness and lack of socialization. After the curling, players are expected to socialize with their opponents. Clubs are generally very long-lived. Councilmember Junker asked if the club intends to manage, hire staff, and be responsible for everything in the building needed to run the facility; and Mr. Taylor answered yes, the board and many of the members have lots of experience running these facilities. Page 2 of 10 City Council Meeting December 3, 2019 Councilmember Polehna noted he is struggling to understand how the partnership will work and how it will operate years from now. Councilmember Junker inquired about the bottom line on annualized basis of net income; and Mr. Taylor replied $60,000 for the first few years, assuming there is no real estate tax. They estimate 500 members in year one, 750 in year two, 1000 members in year three. If there is real estate tax, that would wipe out the income. Community Development Director Turnblad remarked that the proposal needs to go to the Parks Commission. He invited Councilmembers to share input with staff over the next few weeks. Councilmember Polehna stated he would like to tour similar facilities; and suggested the skateboard park move to the public works facility at Lily Lake. Councilmember Junker indicated that he would like to know the cost of a 140-car surface parking lot, and that he has a problem with a 40-year lease. Mr. Turnblad summarized Councilmembers' concerns: a 40 year lease is too long, maybe 20 years; they want to know the cost of the parking lot, three years is too long for fundraising, the City should be an active partner in the project, and move the skateboard park to Lily Lake. Aiple Property Rowing Club Councilmember Polehna explained that he contacted the Minnesota Boat Club to discuss the possibility of using the Aiple property for silent sports activities. Ixchele McKinnie, Minnesota Boat Club, expressed willingness to help develop a plan for the property utilizing the existing house as a boat house and adding an accessible dock. This would allow for the property to be used as early as spring of 2020 for residents of Stillwater to launch their kayaks, canoes and paddleboards, as well as having a rowing club. The building could be utilized and the dock could be available, while the City works on the master plan for the park. She continued that timing is important because the team is looking for a home and want to stay a team. There are 16 rowing clubs in Minnesota, but most are in the western suburbs and only eight serve juniors. Jody Madden, whose son rows, told the Council her son got accepted into a university with a $70,000 rowing scholarship and was invited to go to the US Rowing Junior National Championships to try out for the US Junior National team, which could lead to an Olympic spot. She would like the Council to grant the club the ability to lease the house. Councilmember Polehna pointed out that he has talked to the St. Croix River Association and they are excited about working with the City on an educational component. He would like Community Development Director Turnblad to involve the Minnesota Boat Club as the master plan is drafted. The club understands that excessive parking on the property is not possible. The Parks Commission unanimously approved the concept. Councilmember Junker commented that silent water sports is exactly what the City has been eyeing for that property, however he does not have enough information about the state of the house to know if it can be saved; and Ms. McKinnie responded that the club brought in an engineer who looked at the weight capacity for the floor where the pool is. The intent would be to add garage doors to get boats in and out. Page 3 of 10 City Council Meeting December 3, 2019 Mr. Turnblad informed the Council that the RFP for consulting firms to do the master plan is out, and proposals are due by the end of December. Ms. McKinnie continued that they see the dock as a joint venture. In order for it to accommodate the kayaking launch, a veterans program and access to residents and visitors, it would be about a $40,000 investment. Councilmember Junker stated he likes the concept, but he questions how much maintenance attention the City could give to the site, logistics of parking, bathrooms, water service, site cleanup, and how the area would need to be prepared. He doubts it could be used as early as 2020; and Ms. McKinnie responded that as part of rowing and kayaking, there is a warmup period. Rowers would park downtown and use the trail to get to the boathouse. They could put a storage facility in the garage so that for a small fee, users could leave their kayaks and canoes. They have a plan for portapotties. Councilmember Polehna added that the requirement that the City demolish the house is gone. Mayor Kozlowski stated he strongly supports the concept, but he has no idea how much City staff can contribute to making it a reality; and Ms. McKinnie reported that she has 20 people lined up to help with the planning, logistics, and grants. Councilmember Junker indicated that he would like a report on the condition of the house and whether it could be opened to the public. He would like City staff to let the Council know what is feasible for spring 2020; and Mayor Kozlowski agreed. Ms. McKinnie noted that both US Rowing and the Canoe Association have liability insurance, which is part of membership. She is not the right person to work on the proposal if this is a two year project. She would like to know when to expect a decision on the use of the site so the club's young people can decide what they want to do. Councilmember Polehna commented that many people are asking why they cannot access the site. The property cost $4 million and the citizens of Stillwater want to use it. Mayor Kozlowski stated he would like a list of things that need to happen in order to sustain this idea. He would like this to be a priority, so it is not vacant for another year; and Mr. Turnblad responded that he would meet with the building official to look at the site. Council consensus was to move forward and direct staff to investigate the building and report back to the Council in January. Sustainable Purchasing Policy Moved to Consent Agenda. STAFF REPORTS Staff reports were moved to the Recessed Meeting Agenda. RECESS Mayor Kozlowski recessed the meeting at 6:00 p.m. Page 4 of 10 City Council Meeting December 3, 2019 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Polehna Absent: Councilmember Weidner 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 Water Board Manager Robert Benson City Clerk Wolf STAFF REPORTS Police Chief Gannaway reported that the deadline to donate Toys for Tots is December 12. Fire Chief Glaser provided winter safety reminders. City Clerk Wolf announced a park naming contest for the Aiple and Palmer properties. Public Works Director Sanders reminded residents of winter odd -even parking. Library Director Troendle informed the Council that the library is collecting new books for children and teens through December 8 for Community Thread's Holiday Hope and Stillwater Head Start. Water Board Manager Benson updated the Council on the Smart Irrigation Controller program. He added that the leak survey found 13 water leaks. The Water Board continues working on its web site. As of September, $41,000 has been spent on the White Bear Lake lawsuit, including engineering and attorney fees. The Minnesota supreme court granted an appeal to review. The response brief from the Minnesota DNR was filed November 12. The Water Board's Amicus brief was filed November 19. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Area High School Girls Cross Country State Champion Ana Weaver Councilmember Polehna lauded Ana Weaver's accomplishments as the Minnesota State High School League Cross Country Running State Champion in 2019. Mayor Kozlowski read the proclamation proclaiming December 4, 2019 Ana Weaver Day. Page 5 of 10 City Council Meeting December 3, 2019 OPEN FORUM Obed Floan, Operatunity Theater, invited everyone to Stillwater's newest New Year's Eve Tradition, singing in the new year at Trinity Lutheran Church at 7 p.m. December 31. CONSENT AGENDA Resolution 2019-140, resolution adopting a Sustainable Purchasing Policy for Stillwater's Municipal Government Purchases November 19, 2019 regular and closed session meeting minutes Payment of Bills Resolution 2019-141, approval of Agreement with HKGi Resolution 2019-142, a resolution approving an Amendment to the existing Contract for Mowing, Snow and Ice Removal and Clean Up Services, 2019-2021 Proposals for Self Contained Breathing Apparatus Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2019-58 to consider a request by Wild River Office Park, LLC, property owner and Paul Loomis, applicant, for a Conditional Use Permit and Zoning Text Amendment to allow a school within the BP -I district. Property located at 1835 Northwestern Avenue. Community Development Director Turnblad reported that Chesterton Academy, a Catholic High School with its west campus in Hopkins and its east campus in St Paul, needs a different location for its east campus beginning with the 2020-21 academic year. The 7,000 square foot vacant office building at 1835 Northwestern Avenue is their preferred new location. The property is zoned BP -I, Business Park -Industrial. Though schools are allowed in the BP- 0 Zoning District across the street, schools are not allowed in the BP -I Zoning District. Therefore, Chesterton Academy is requesting that the City amend its Zoning Code to allow schools by Conditional Use Permit (CUP) in the BP -I District. They are concurrently asking for a CUP in the case that the City were to approve the requested Zoning Code amendment. Staff believes it is a compatible use for the neighborhood. Except for the zoning classification, the Planning Commission unanimously supports the location of the school, but prefers that the City rezone the property to Business Park Office, rather than allow schools in an industrial district. City staff recognizes that the continued conversion of industrially zoned property to non -industrial uses is poor practice and inconsistent with the land use guiding for the property established in the Comprehensive Plan. If the Council finds the proposed school to be an acceptable use, then a better practice would be to amend the future land use map of the Comprehensive Plan and rezone the property and surrounding properties to BP-0. Councilmember Collins clarified that the Planning Commission supported the use, but they did not recommend approval or denial. They stated it should be decided by the Council. Mayor Kozlowski opened the public hearing. Dave Najarian, owner of River Valley Athletic Club across the street, pointed out that the area is already stressed for parking. He questioned how the school will accommodate Page 6 of 10 City Council Meeting December 3, 2019 parking for students, teachers and staff. He relayed that the neighbors agree that parking is going to be a big issue. He also read in the newspaper that the school is going to apply for a tax exemption. He asked if the $25,000 would get passed on to the other property owners; and Mayor Kozlowski responded that cost of the tax exemption would be passed on to everybody in the City. Roger Kuehn, who owns the building, stated it has never had an industrial use, since it was built in 1985, it has always been office use. He strongly supports Chesterton Academy using the building, saying the neighborhood is a hub for education, health and wellness. Larry Keller, representing Chesterton Academy, stated he and his wife currently have one child attending the campus at Chesterton Academy. In July, the Academy was directed by the Archdiocese of St. Paul to open their new campus in the Stillwater area. The considerations were: 1) safety; 2) accessibility; 3) growth; 4) daily Mass; and 5) cost. This building met all their requirements. City staff and the Planning Commission have agreed that this building and its neighbors do not support industrial zoning. They are requesting that the text amendment and CUP be approved tonight so they can continue recruiting, gathering donations and scheduling for next year. They are willing to help establish conditions to help ease parking concerns. Out of the current student body of St. Paul location students, only two drive daily. At no time would students need to park on the street or use the neighboring lots during the school day. Paul Loomis, chair of the Chesterton Academy of St. Croix Valley Board of Directors, stated he and his wife have two students at Chesterton. He explained the goals and philosophy of the school. They would like to move into the building May 1. Logan Connelly, President Prefect of the student body, urged the Council to support the request. Father Michael Izen, St. Mary's and St. Michaels, Stillwater, stated Chesterton Academy fits a niche that many families are looking for. John Florin, business administrator at the Church of the Blessed Sacrament, which has been hosting Chesterton Academy for the past three years, stated he had two children graduate from Chesterton. He spoke in favor of the proposal. Nathan Metzinger, Woodbury, stated his family is one of many families that would be commuting into Stillwater. He and his wife have had two children graduate from Chesterton Academy, plus a sophomore and freshman. He voiced support. Sophia Metzinger, graduate of Chesterton Academy, spoke in favor of the proposal. Pat Dewar, Roseville, a Chesterton parent, stated the school will become a valuable asset to the Stillwater community. Dan Schulte, Houlton, stated there are a lot of families living across the river who want the opportunity to send their students to Chesterton in Stillwater. Bridget Schrier, Maplewood, a Chesterton parent, stated the building suits the school's needs perfectly and the school will benefit the local economy. Beth Tressel, West St. Paul, a Chesterton parent, stated parents bringing their children to Chesterton will spend time and money in Stillwater. She added that parents carpool. Page 7of10 City Council Meeting December 3, 2019 Dave Beskar, Headmaster of Chesterton Academy, stated it a family -led school and will be a great supporter of the community. Mayor Kozlowski closed the public hearing. Councilmember Junker stated he is honored that the school chose Stillwater. He thinks it is a fantastic opportunity to have a Catholic high school in Stillwater; and Councilmember Collins echoed those sentiments. Mayor Kozlowski indicated that at some point, the Council should look at the zoning for this whole region, but for the certainty of parents and students, the Council should approve the text amendment. Councilmember Polehna acknowledged that the parking is horrible in the area. He would like to see an arrangement that if the school gets too big they would make some arrangement for parking. This could be added to the conditional use permit. Deona Strain, who works for building owner Roger Kuehn, stated there is more than enough room in the back to add a parking lot if needed. Motion by Councilmember Junker, seconded by Councilmember Collins, to approve first reading of an ordinance amending the Zoning Code to allow schools by Conditional Use Permit in the BP -I Zoning District. All in favor. To vacate and discontinue a portion of a public drainage easement located on a portion of Lot 1, Block 1, Rivard Addition. Property located at 8483 Marylane Avenue North. Public Works Director Sanders explained that the City received a petition from Mark and Marlene Pavlick, owners of the property at 8483 Marylane Avenue North, to vacate an existing drainage easement across their property. In 2018, the City installed a storm sewer pipe that diverted the runoff water away from the existing easement. Staff recommends that council conduct the public hearing and approve the vacation of the drainage easement. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2019-143, a resolution Vacating a Public Drainage Easement located within the City of Stillwater, Minnesota. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Encroachments at 401 S. Main Street Community Development Director Turnblad informed the Council that Dennis Kilbane of DCK Enterprises WI LLC, owner of 401 Main Street South, formerly the Stillwater Farm Store, has been trying to sell the property. However, challenges exist because of the existing City of Stillwater and MNDOT right-of-way encroachments, and a land area exception from the subject property. A survey shows portions of the structure located on public right-of- way. Mr. Kilbane has requested the City's acceptance of certain encroachments in the Nelson Page 8 of 10 City Council Meeting December 3, 2019 Street right-of-way. Staff recommends the Council conceptually approve an Encroachment Agreement with DCK Enterprises WI LLC for a portion of a concrete stoop at the Northwest entrance to the structure, and three 7' awning overhangs, an AC condenser, and two 5' wide, elevated concrete stoops with metal stairs all extending from the north facade, and direct staff to bring an executed agreement back for formal Council consideration. Motion by Councilmember Junker, seconded by Councilmember Collins, to conceptually approve an Encroachment Agreement with DCK Enterprises and to direct staff to bring an executed agreement back for formal Council consideration. All in favor. Relay for Life Stillwater Event City Clerk Wolf reported that the American Cancer Society has made application to host the Stillwater Relay for Life Event in Lowell Park on August 7 and 8, 2020. The event is proposed to include merchandise and food vendors, a DJ or live band playing from 6:30 pm to 10 pm and team participant 10x10 tents to rest under when not walking the lighted path on the lower levee walkway. They will not have any alcohol. The event will use parking lot 4 for participants to load/unload and for the food vendors. The Parks & Recreation Commission reviewed the event and recommended approval. The Downtown Parking Commission reviewed and approved the use of parking lot 4 for the event. The Organizer is working with staff on a plan B for high water. If Plan B requires any other public parking spaces it will be brought back to the Council for review. Fees will be charged according to the 2019 Fee Schedule. The Organizer must provide all insurance, coordinate with City staff and pay for City services and materials. Staff recommends approval. Lois Raboin Conn, volunteer for the American Cancer Society, explained that Stillwater resident Gordy Klatt started relay for life in Tacoma, Washington in 1985. Stillwater has raised over $3 million through this event. They would like to hold it at the river for more public exposure. Motion by Councilmember Polehna, seconded by Councilmember Junker, to approve the Relay for Life event application for August 7-8, 2020 in Lowell Park. All in favor. Truth in Taxation Presentation for 2020 Budget & Tax Levy City Administrator McCarty presented the proposed 2020 budget and levy. Finance Director Provos compared the general operating tax levy and debt service tax levy from 2019 adopted vs. 2020 proposed. The City property tax rate has gone down 1.7% although the City levy has gone up about $800,000, mainly due to the increase in the City's tax capacity. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2019-144, adopting the Final Tax Levy for the Payable Year 2020. All in favor. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2019-145, adopting the proposed Budget Appropriations for the Year 2020. All in favor. COUNCIL REQUEST ITEMS There were no Council request items. Page 9 of 10 City Council Meeting December 3, 2019 Councilmember Polehna noted that he and Public Works Director Sanders attended a watershed meeting on Monday. Brown's Creek Watershed District rules are changing to have a more positive impact on businesses and developers in the area. He reported that the Christmas tree is going up tomorrow and the Twinkle Parade is Saturday. POSSIBLE CLOSED SESSION Council did not go into closed session. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 8:57 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2019-139, resolution approving Agreements for the Use of Public Property. Resolution 2019-140, resolution adopting a Sustainable Purchasing Policy for Stillwater's Municipal Government Purchases Resolution 2019-141, approval of Agreement with HKGi Resolution 2019-142, a resolution approving an Amendment to the existing Contract for Mowing, Snow and Ice Removal and Clean Up Services, 2019-2021 Resolution 2019-143, a resolution Vacating a Public Drainage Easement located within the City of Stillwater, Minnesota Resolution 2019-144, adopting the Final Tax Levy for the Payable Year 2020 Resolution 2019-145, adopting the proposed Budget Appropriations for the Year 2020 Page 10 of 10 Page 1 LIST OF BILLS 3D Specialties Inc. Accela Inc Ace Hardware Advance Auto Parts Amano McGann Inc AMI Consulting Engineers PA Armor Security Inc. Becker Fire Safety Services LLC BlueCross BlueShield of MN Inc. Bornt Rich Briggs Brines Market Buberl Black Dirt Inc. Business Data Record Services CDW Government Inc. Century Fence Company Century Link Cintas Corporation Comcast Coverall of the Twin Cities Diversified Infrastructure Services ECM Publishers EG Rud & Sons Enterprise FM Trust Ess Brothers & Sons Inc. Fastenal Company Flaherty & Hood P.A FleetPride Goodyear Commercial Tire Gopher State One Call Inc. Grainger Greater Stillwater Chamber of Commerce Guardian Supply Henning Professional Services Hoisington Koegler Group Inc Holiday Companies J.B. Contracting Jefferson Fire and Safety Inc. Kelly & Lemmons PA Leadership Growth Group LLC LeVander Gillen Miller PA Lincoln National Life Insurance Co Loffler Companies Mansfield Oil Company Menards Supplies Monthly UB web payments Supplies Equipment repair supplies Gate arm Riverbank Stabilization Project Quarterly Monitoring Service Extinguisher service Retiree Health Ins Reimburse for mileage Project fees Food trays Black dirt Document destruction services Equipment Palmer Park Telephones Uniforms & mat cleaning Cable boxes Commercial cleaning services Clean & CCTV sewers Publications 2020 Street Project Lease vehicles Storm sewer repair parts Supplies Job eval points Suction hose Tires Locates Building repair supplies Holiday mixer Uniforms - Julien Shorty's cleaners relocation consultant Parking study - professional services Vehicle washes New garage door Firefighting lanterns Prosecution Leadership Growth series 2019 materials Professional services COBRA Life Insurance Equipment Fuel Supplies 406.92 308.00 134.20 53.60 155.00 41,270.80 84.00 444.70 3,164.00 163.56 5,300.00 126.71 30.00 147.80 1,083.12 23,745.00 498.36 935.64 10.47 540.00 20,250.00 147.25 17,895.83 7,145.53 23,177.00 1,099.22 250.00 53.06 597.28 232.20 160.32 50.00 59.99 70.25 4,564.24 175.00 13,780.00 764.50 8,333.00 115.99 22,882.08 10.80 3,789.79 2,856.86 930.61 Metropolitan Council MidAmerica Inc Middle St Croix Watershed WMO Midnight Spirits LLC Mill Supply Inc Miller Excavating MN Fall Expo MN Fire Srv. Cert. Board MP Nexlevel LLC Northern Technologies Olsen Chain & Cable Inc. OnSite Sanitation O'Reilly Auto Parts Redstone Construction Rehn Code Consulting Services Roush Jim Schwaab Inc. Stillwater Medical Group Stillwater Motor Company SW/WC Service Cooperatives T.A. Schifsky and Sons Thomson Reuters Toll Gas and Welding Supply Truck Utilities Inc. Twin City Garage Door Co. Uline Inc Valley Trophy Inc. Verizon Wireless Visual Labs Voyant Communications Wakota CAER Washington County Road & Bridge Xcel Energy REC CENTER 1ST Line/Leewes Ventures LLC Ace Hardware Arrow Sports Group Cintas Corporation Comcast Computer Services of Florida Corval Constructors Dalco Jaytech Inc Menards Mercury Electric Wastewater Charge Remediation of 2 garbage stalls BMP Project Refund liquor license fee Snowplow headlamp Street sweepings Registration Fire Apparatus Operator Cert Exam Locating Street Project Hoist inspection Portable Restroom Heater hose Veteran Memorial Park Imp project Plan review Reimburse for boots Stamps Vaccines Vehicle service Retiree Health Ins Asphalt Information Charges Cylinders Repair strobe & camera Garage door repair Supplies Supplies Wireless Service Body camera subscription for smartphone Phone 2019 Membership Traffic services Energy Snacks for concessions Supplies Concession supplies Mat cleaning service Internet Software Equipment repairs Supplies Cooling water treatment Supplies Electrical service to condenser Page 2 166, 640.34 2,939.00 1,567.46 200.00 166.92 743.45 240.00 290.00 618.75 463.95 800.52 527.00 6.99 78,275.86 1,817.00 69.99 34.50 290.00 606.04 61,712.03 67.67 146.20 43.92 924.02 444.00 458.00 10.00 3,164.95 12, 348.00 536.79 100.00 497.25 13,098.33 398.70 142.30 336.60 103.00 109.85 250.00 399.00 190.86 719.68 27.54 759.20 Pepsi Beverages Company Beverages for concessions RiedelI Shoes Inc. LIBRARY ArtSta rt Brodart Co Comcast Culligan of Stillwater Ebsco Publishing Friends of the Stillwater Public Library Harvey Kevin Hedin Sue Midwest Tape One23 Events LLC Petrie Angela Recorded Books Inc Rose Floral SOS Office Furniture Value Line Publishing Inc. Skates Programs - Adult Materials Tech Support Water Materials Reimbursement for Friends Material Fee Refund Staff Reimbursement Materials October 2019 Monthly Fee Staff Reimbursement Materials Terrace Evergreens Task Chairs Materials Page 3 368.98 477.83 1,570.00 4,128.04 188.06 21.25 6,140.15 221.00 26.00 117.01 1,920.68 2,000.00 49.80 499.20 94.44 706.95 1,103.00 216 4th Street North Stillwater MN 55082 651-430-8800 www.stillwater.mn.us Finance To: Mayor and City Council From: Samuel Magureanu Assistant Finance Director Date: 12/17/19 Re: Acceptance of 2018 3rd 4th Quarter Donations and 2019 Donations BACKGROUND The City of Stillwater received the following 2018 3rd and 4th quarter - cash donations: • Orthopedic Sports, Inc — Night to Unite - $150.00 • 4Kids Fundrasing — Park Donation - $8.00 • Jill and Brad Swager — Friends of Fire - $500.00 • Mat Thi Phan — Friends of Fire - $100.00 • Fill the Boot Fire Prevention — Cash - $430.01 • Cash — Friends of Fire - $50.00 • John Johnson — Friends of Fire - $25.00 • Rick Sigstad — Friends of Fire - $20.00 • Shakopee Mdewakaton Sioux Com — Friends of Police - $1,800.00 • Kwik Trip, Inc — Friends of Police - $1,000.00 The City of Stillwater received the following 2019 - cash donations: • Stillwater Eagles 94 — Walking/Bike Trail - $6,000.00 • Sabes Family Foundation — Fireworks - $1,000.00 • Margaret Rivers Fund — Fireworks - $5,000.00 • DBD Partners/Water Street Inn — Fireworks - $1,000.00 • St Croix Boat and Packet — Fireworks - $500.00 • City Sliquors Inc — Fireworks - $300.00 • River town Inn — Fireworks - $150.00 • Margaret Rivers Fund — Parks - $3,000.00 • Sarah Martin — Parks - $483.56 • Rodeo Brines Markt LLC — Friends of Police - $50.00 • Northland Chiropractic Clinin — Friends of Police - $50.00 • Stillwater Elks Lodge #179 — Friends of Police - $200.00 • Lake Elmo Bank — Night to unite — Friends of Police - $50.00 • Mary Ann Kristyniak — Friends of Police - $50.00 • Cash — Friends of Police - $00.28 • Nathan and Sarah Jespersen — Friends of Fire - $50.00 • Tracour LLC - Friends of Fire - $ 450.00 • Dennis and Rita Stevens - Friends of Fire - $50.00 • Lori Houston - Friends of Fire - $60.00 • Valley Bookseller - Friends of Fire - $75.00 • Stillwater Eagles 94 - Friends of Fire - $2,000.00 • Stephen and Kathleen Nelson - Friends of Fire - $40.00 • Flynn Family - Friends of Fire - $40.00 • Robert Aiken - Friends of Fire - $50.00 • Mark and Penny Kettler - Friends of Fire - $50.00 • Brenda and Richard Guse - Friends of Fire - $50.00 • Mary and John Papenfuss - Friends of Fire - $50.00 • Debra Adamic - Friends of Fire - $50.00 • Dave Swager Carpentry LLC - Friends of Fire - $100.00 • St Croix Boat and Packet - Friends of Fire - $200.00 • Brad Swager and Family - Friends of Fire - $230.00 • Cash - Friends of Fire - $60 • Stillwater Firefighters Relief - Friends of Fire - $1,399.58 • Paul, Stu and Sharon Glaser - Friends of Fire - $10.00 • Margaret Rivers Fund - Friends of Fire - $3,000.00 • Open House — Fire Prevention Week - - Friends of Fire - $341.25 • Lions Club - Friends of Fire - $1,409.75 • First United Methodist Church - Friends of Fire - $100.00 • CPR Cash - Friends of Fire - $50.00 • Jennifer and Rodney Landers — Heartsafe Community - $50.00 • Steve and Sarah Zoller — Heartsafe Community - $50.00 • Cristopher and Sara Restad — Heartsafe Community - $50.00 • Cash — Heartsafe Community - $50.00 • Nicholas and Kristel — Heartsafe Community - $50.00 • Dawn Holldorf — Heartsafe Community - $1,600.00 • Angie Reeves — Heartsafe Community - $10.00 • Colleb Reynolds — Heartsafe Community - $3,350.00 RECOMMENDATION Staff recommends the acceptance of these donations for 2018 Fiscal Year and 2019 Fiscal Year. ACTION REQUIRED If council agrees with staffs recommendation, Council needs to pass a resolution entitled "Resolution Accepting Cash Donations" in compliance with Minnesota Statute 465.03. cc: Sharon Provos - Finance Director RESOLUTION 2018-XXX RESOLUTION ACCEPTING CASH DONATIONS WHEREAS, the City of Stillwater has received the following donations and designations: The City of Stillwater received the following 2018 3rd and 4th quarter - cash donations: • Orthopedic Sports, Inc - Night to Unite - $150.00 • 4Kids Fundrasing - Park Donation - $8.00 • Jill and Brad Swager - Friends of Fire - $500.00 • Mat Thi Phan - Friends of Fire - $100.00 • Fill the Boot Fire Prevention - Cash - $430.01 • Cash - Friends of Fire - $50.00 • John Johnson - Friends of Fire - $25.00 • Rick Sigstad - Friends of Fire - $20.00 • Shakopee Mdewakaton Sioux Com - Friends of Police - $1,800.00 • Kwik Trip, Inc - Friends of Police - $1,000.00 The City of Stillwater received the following 2019 - cash donations: • Stillwater Eagles 94 - Walking/Bike Trail - $6,000.00 • Sabes Family Foundation - Fireworks - $1,000.00 • Margaret Rivers Fund - Fireworks - $5,000.00 • DBD Partners/Water Street Inn - Fireworks - $1,000.00 • St Croix Boat and Packet - Fireworks - $500.00 • City Sliquors Inc - Fireworks - $300.00 • River town Inn - Fireworks - $150.00 • Margaret Rivers Fund - Parks - $3,000.00 • Sarah Martin - Parks - $483.56 • Rodeo Brines Markt LLC - Friends of Police - $50.00 • Northland Chiropractic Clinic - Friends of Police - $50.00 • Stillwater Elks Lodge #179 - Friends of Police - $200.00 • Lake Elmo Bank - Night to unite - Friends of Police - $50.00 • Mary Ann Kristyniak - Friends of Police - $50.00 • Cash - Friends of Police - $00.28 • Nathan and Sarah Jespersen - Friends of Fire - $50.00 • Tracour LLC - Friends of Fire - $ 450.00 • Dennis and Rita Stevens - Friends of Fire - $50.00 • Lori Houston - Friends of Fire - $60.00 • Valley Bookseller - Friends of Fire - $75.00 • Stillwater Eagles 94 - Friends of Fire - $2,000.00 • Stephen and Kathleen Nelson - Friends of Fire - $40.00 • Flynn Family - Friends of Fire - $40.00 • Robert Aiken - Friends of Fire - $50.00 • Mark and Penny Kettler - Friends of Fire - $50.00 • Brenda and Richard Guse - Friends of Fire - $50.00 • Mary and John Papenfuss - Friends of Fire - $50.00 • Debra Adamic - Friends of Fire - $50.00 • Dave Swager Carpentry LLC - Friends of Fire - $100.00 • St Croix Boat and Packet - Friends of Fire - $200.00 • Brad Swager and Family - Friends of Fire - $230.00 • Cash - Friends of Fire - $60 • Stillwater Firefighters Relief - Friends of Fire - $1,399.58 • Paul, Stu and Sharon Glaser - Friends of Fire - $10.00 • Margaret Rivers Fund - Friends of Fire - $3,000.00 • Open House - Fire Prevention Week - - Friends of Fire - $341.25 • Lions Club - Friends of Fire - $1,409.75 • First United Methodist Church - Friends of Fire - $100.00 • CPR Cash - Friends of Fire - $50.00 • Jennifer and Rodney Landers - Heartsafe Community - $50.00 • Steve and Sarah Zoller - Heartsafe Community - $50.00 • Cristopher and Sara Restad - Heartsafe Community - $50.00 • Cash - Heartsafe Community - $50.00 • Nicholas and Kristel - Heartsafe Community - $50.00 • Dawn Holldorf -- Heartsafe Community - $1,600.00 • Angie Reeves - Heartsafe Community - $10.00 • Colleb Reynolds - Heartsafe Community - $3,350.00 and WHEREAS, Minnesota Statutes §465.03 requires donations to be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby accepts the above donations and the designation of funds. Adopted by the City Council of the City of Stillwater, Minnesota, this 17th day of December, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk animal. humane society November 12, 2019 City of Stillwater 214 N 4th Street Stillwater, MN 55082 Dear Municipal Administrator, As you know, Animal Humane Society partners with local cities to improve the lives and welfare of animals as well as the impact they have on people in our community. We look forward to continuing our partnership with you in 2020. To align our fees with our costs, there is a small 3% increase to our fees. When animals are returned to their owners through our facility, we will charge a $22 admin fee to the municipality. We will charge $196 for dogs and cats that remain in our care and are not returned to their owner. We will charge $46 for critters and other small companion animals. These costs cover their housing, feeding, vaccination, and other veterinary care. Two copies of your 2020 contract are enclosed. We work with several municipalities, and to be able to have one formalized contract, we have updated language around species we can house, "other fees" like quarantines, and our liability and insurance levels. While it will look different to some of you, we anticipate no operational changes from the services we have provided before. If you have any questions about the program in general, please feel free to contact me at the email or phone number below. If you have any questions about specific billing issues or animals, please contact Brian Munro, our site manager in Woodbury. The contracts have already been signed by Janelle Dixon, our CEO. Please sign both copies of the contract and return one of them to the address below. We appreciate your partnership as we seek to serve both the people and animals of our communities. Sincerely, Graham Brayshaw, DVM Director of Animal Services, Animal Humane Society gbrayshaw@animalhumanesocietv.org (763) 489-2224 Animal Humane Society, Woodbury c/o Brian Munro, Site Manager 9785 Hudson Rd Woodbury, MN 55125 bmunro@animalhumanesocietv.org (651) 788-4675 Coon Rapids Golden Valley St. Paul Woodbury 763-489-2201 animalhumanesociety.org Animal Humane Society and City of Stillwater Letter of Understanding for Impound Housing Services 2020 1. Animal Humane Society (AHS) agrees to provide the following services: a. Housing for stray or abandoned animals that are retrieved or legally seized by your municipality's community service officer (CSO) or animal control officer (ACO), or for stray animals that are brought into the shelter by a citizen and verbal permission is given by your agency via phone for intake. Housing includes kennel space, daily cleaning, food and water. b. AHS is unable to house wildlife or farm animals. i. Exceptions can be made for chickens with prior approval of the site manager at AHS. c. Herd management vaccination following our standard vaccination protocols, as well as medically necessary and/or emergency care for sick or injured animals impounded during regular business hours. d. Euthanasia services as deemed necessary by an AHS veterinarian. These services may be provided at the end of the legally required holding period or in the case of a medical situation that requires immediate euthanasia. e. Adoption services as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. f. Euthanasia services and body disposal as deemed appropriate by AHS veterinary staff. The animals will be evaluated for these services at the end of the legally required holding period. g. Provide animal rabies quarantine or diagnostic service for stray felines or canines that have bitten a person. h. Hold animal for the legally required stray holding period: 5 days in MN, 4 Days in WI if a live release, 7 days in WI if euthanized or until reclaimed by owner within this holding period. i AHS will follow internal policy and best practice for unclaimed animals. City of Stillwater may request and view AHS policies at any time. 2. AHS expectations: a. AHS is not responsible for sick or injured animals that are left after hours. Outside treatment must be sought for these animals by the animal control officer or community service officer prior to leaving the animals at the AHS facility when veterinary staff members are not on duty. 1 b. AHS has the sole authority to disposition all animals that have not been reclaimed upon the expiration of the legally designated holding period. c. AHS will not accept feral cats seized under municipal authority by your municipality's CSO or ACO. d. AHS is not responsible for collecting any fees from an owner for a municipality. 3. City of Stillwater agrees to: a. Adhere to the drop off procedure set forth by AHS including animal housing at the shelter and paperwork. Drop off procedures and paperwork training for community service or animal control officers will be provided. b. Adhere to state laws and local ordinances that apply to the handling of stray or abandoned animals and the seizure and return of animals to their owners. c. Direct citizens where to take stray animals when not receiving permission for impoundment at AHS. d. Seek care for injured or sick animals prior to drop off in the event that it is after hours and/or AHS veterinary staff is not on duty. e. Pay the designated fees for each animal cared for from your municipality. AHS will charge a standard fee of $196 per canine or feline and a $46 fee per "other" domestic animals (rabbits, guinea pigs, birds etc.) not reclaimed by its owner. i. Fees for animals seized by the municipality that require quarantine will be charged the standard fee for every five (5) days the animal is quarantined if the animal is not reclaimed. ii. AHS will charge a $22 administrative/processing fee to the municipality for each animal reclaimed by its owner in place of the standard fee. In these instances AHS will charge the owner reclaim fees. iii. City of Stillwater is responsible for fees if the owner does not reclaim by the last day of the hold or quarantine period. f. Adhere to AHS policy and best practice for unclaimed animals. City of Stillwater may request and view AHS policies at any time. g. Adhere to building access rules and ensure that the service access door is closed and locked after use in an after-hours drop off. h. Ensure that the municipality's CSO/ACO uses his/her discretion in the field as to whether or not to impound an animal. AHS is not responsible for those decisions. i. Be available to members of your community to resolve their concerns related to the actions of your ACO/CSO officers and your municipality's procedures, policies and requirements. 4. Administration a. AHS will bill the municipality at the end of each quarter on a fiscal calendar year. Billing will be mailed in the first month following the end of the quarter. Payment is expected within 30 days of receipt of billing. b. AHS will assign a contact person who should be contacted in the event of any problems, concerns or to receive feedback regarding the program. 2 c. Any billing disputes must be raised within 10 days of receipt of billing. d. The AHS agrees to maintain all data received from City of Stillwater in the same manner as City of Stillwater as required under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. e. Insurance Requirements. i. Liability. AHS agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal injury, advertising injury, and contractually assumed liability. Upon request City of Stillwater shall be named as an additional insured. ii. Automobile Liability. If AHS operates a motor vehicle in performing the services under this agreement, AHS shall maintain commercial automobile liability insurance, including owned, hired, and non -owned automobiles, with a minimum liability limit of $1,000,000, combined single limit. iii. Workers' Compensation. AHS agrees to comply with all applicable workers' compensation laws in Minnesota. iv. Certificate of Insurance. The AHS shall deliver to City of Stillwater a Certificate of Insurance as evidence that the above coverages are in full force and effect. f. Indemnification: i. AHS. To the fullest extent permitted by law, AHS agrees to defend and indemnify City of Stillwater, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of AHS, AHS's subcontractor(s), or anyone directly or indirectly employed or hired by AHS, or anyone for whose acts AHS may be liable. AHS agrees this indemnity obligation shall survive the completion or termination of this agreement. ii. City of Stillwater. To the fullest extent permitted by law, City of Stillwater agrees to defend and indemnify AHS, and its officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of City of Stillwater, or anyone directly or indirectly employed or hired by City of Stillwater, or anyone for whose acts City of Stillwater may be liable. City of Stillwater agrees this indemnity obligation shall survive the completion or termination of this agreement. 3 This agreement is based on a one year commitment, which is renewed annually from the date your administrator signs the agreement below. The agreement can be ended at any time by either party with a 30 written day notice. This agreement is entered into on the day of , 201 by Janelle Anima sident & CEO Society Signed on behalf of Municipal Authority Printed Name and Title Signed on behalf of Municipal Authority Printed Name and Title 4 RESOLUTION NO. 2019 - RESOLUTION GRANTING LICENSE TO PATRICIA WOLF FOR THE OPERATION OF MULTI -PERSON CYCLE TOURS ON CITY STREETS IN 2020 AND RESCINDING RESOLUTION 2018-266 WHEREAS, Patricia Wolf has made a request to renew her license to operate BierCycle Adventures, a multiple -person tour cycle, on City roadways downtown; and WHEREAS, the City Council of the City of Stillwater approved Resolution 2018-266 on December 4, 2018 for a license to operate the tour cycle business in 2019; and WHEREAS, the business will operate in substantially the same manner in 2020. NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby grants license to Patricia Wolf to operate multi -person cycle tours on City 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 Patricia Wolf for the multiple -person tour cycle business. 2. Patricia Wolf may operate one multiple -person tour cycle in Stillwater. An increase in the number of cycles will require an amendment to this Resolution of Approval. 3. A license must be applied for annually from the City Clerk. 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 $1,500,000 per occurrence. 5. Operating restrictions and conditions: a. No multiple -purpose tour cycle may be operated upon a public sidewalk. b. No multiple -purpose tour cycle may use any public street or other public property as a waiting area unless such area is a legal motor vehicle parking area. c. Public safety is paramount in the operation of any multiple -purpose tour cycle. Consequently, each multiple -purpose tour cycle must be equipped with the following: i. Front and rear turn signals ii. Head lights iii. Tail lights iv. A hydraulic disc braking system v. An emergency brake in addition to a disc braking system vi. Any other equipment required to comply with applicable federal and state laws d. All multiple -purpose tour cycles are, at all reasonable times, subject to inspection by the City of Stillwater. e. Multiple -purpose tour cycle operators must have in their possession a valid driver's license while in control of any multiple -purpose tour cycle, and shall operate the tour cycle 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. f. Whenever alcohol is being served on a tour, the patrons who are legally allowed to drink alcoholic beverages must wear a colored wristband. g. All multiple -purpose tour cycle operators must obey and comply with any lawful order or direction of any police officer, traffic control agent, or regulatory services inspector. h. The City reserves the right to alter or limit multi -purpose tour cycle operations to specified routes and streets if required for public safety reasons. i. If Sam Bloomer Way or Mulberry Point should be limited to pedestrian traffic only, the City reserves the right to eliminate the multi -person tour bikes access to these areas. j. The City reserves the right to require that any idle multi -purpose tour cycle be parked in a specified location while idle or waiting for customers. 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. 6. During periods of flooding, the City uses Water Street as a staging area and therefore during these times the tours will not be allowed to operate from this location. 7. The rate for the reserved on -street parking space on Water Street is $3 per day. The fee for 2020 will be $606 for the entire season. This must be paid by April 30th. The rate is subject to review and possible increase by the City Council annually. Adopted by the Stillwater City Council this 17th day of December, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STAFF REQUEST ITEM Department: POLICE Date: 12/10/2019 DESCRIPTION OF REQUEST (Briefly outline what the request is) This request is to replace 2 existing devices with 1 new color copier located in the Police department squad room. We will receive a trade in on the existing copier and allow us to stop purchasing and storing supplies for few different make and model devices. The new copier would be the same model as others in the building making the installation easy and also would allow us share supplies if there was a need. All new copiers are on a service agreement and supplies are included (excluding paper). So this would bring down the per page printing cost by not having to purchase our own supplies for the color printer. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) This purchase was not originally in the 2019 Capital Outlay but funds are available from other projects. The total cost of this purchase is $3,618.44 which includes an $800 trade in value on the existing equipment. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rich Bornt Date: 12/10/2019 Recommended Solution • • • • • • The imageRUNNER ADVANCE C5500 Series models were designed as reliable, durable products that can easily integrate with Canon's holistic business solutions. When designing this product, a strong emphasis was placed on ease of use, outstanding image quality, fast color in a compact size, and a focus on authentication. Canon IR ADVANCE C5540i III Police (Replacement of ID# 79514) Components Included: • 40/50 Pages per Minute (B&W & Color) • 1,200 x 1,200 dpi • 1,200 sheet Paper Capacity (Standard) • (2) 550 sheet Paper Cassettes • 100 sheet Stack Bypass • Single Pass Dual Scan Document Feeder • Internal Staple Finisher • 4 GB RAM & 250 GB HDD Memory • 10.1 inch Flat color control panel with touchscreen technology • Delivery, Professional Service Installation, Implementation & Training State of Minnesota/Canon Contract # 84336 Equipment Canon IR ADVANCE C5540i (40 ppm): Optional Accessory Internal Staple Finisher: Purchase Amount $4,418.44* INCLUDED LOFFLER TRADE IN VALUE FOR ID# 79514 = $800.00 (If replaced by end of year). *Does NOT include $800.00 Trade in Credit Service and Supply Agreement: Added to existing Loffler Service/Supply Agreement Includes ALL Toner, Parts, Staples and Labor Corey Schlosser Integrated Solutions Account Manager — Education & Municipality Vertical Loffler Companies, Inc. Email: cschlosser@loffler.com Direct Dial: 952-646-6427 www.loffler.com • • • • City of Stillwater - Police Your Most Valuable Partner for Innovative Business Technology & Services RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AN AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 401 MAIN STREET SOUTH CASE NO. 2019-61 WHEREAS, DCK Enterprises WI LLC owns the property at 401 Main Street South; and WHEREAS, certain improvements associated with the building at 401 Main Street South encroach onto the Nelson Street right-of-way; and WHEREAS, Dennis Kilbane of DCK Enterprises WI LLC has requested the City's permission to continue to allow for certain improvements to remain in the Nelson Street right-of-way; and WHEREAS, on December 3, 2019 the City Council of the City of Stillwater conceptually approved an agreement between the City of Stillwater and DCK Enterprises WI LLC to allow the existing landowner improvements to remain in the Nelson Street right-of-way. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the agreement relating to landowner improvements on 401 Main Street South. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of December, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 401 MAIN STREET SOUTH IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT (Agreement) is made, entered into and effective this 17th day of December, 2019, by and among the City of Stillwater, a Minnesota municipal corporation (City) and DCK Enterprises WI LLC, a Wisconsin LLC (Landowner). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2 City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.3 Landowner. "Landowner" means DCK Enterprises WI LLC a Wisconsin limited liability company and its assigns and successors in interest with respect to the Subject Lot. 1.4 Responsible Owner. Responsible Owner means, jointly and severally, each and all of the following: The fee title owners of: 1 All that part of Lot Ten (10), Block Twenty-eight (28), Original Town of Stillwater, according to the plat thereof on file in the office of the County Recorder in and for Washington County, Minnesota, bounded and described as follows: Beginning at the SE corner of Main and Nelson Streets and running thence SE'ly along the East line of Main Street 14.75 feet to an angle in the said East line of Main Street; thence SE'ly along said East line of Main Street, 66 feet; thence NE'ly on a line parallel with the South line of said Lot 10 to the West line of the right-of-way of the Union Depot & Street Railway Transfer Company of Stillwater; thence NW'ly along the West line of said right-of-way to the South line of said Nelson Street; thence W'ly along the South line of said Nelson Street to the place of beginning 139.75 feet, more or less. EXCEPTING, HOWEVER, from the foregoing property that portion of said premises described as follows: All that part of Lot Ten (10), Block Twenty-eight (28), Original Town, now City of Stillwater, described as follows, to -wit: Commencing at the Southeast corner of Main and Nelson Streets and running thence Southeasterly along the East line of Main Street Fourteen and seventy-five hundredths (14.75) feet; thence by a deflection angle of 33°29' to the left along the Easterly line of South Main Street Sixty-six (66) feet to an iron monument; thence Northeasterly by a deflection angle of 86°30', Thirty-one (31) feet to a mark in the concrete, said mark being the Point of Beginning of this description. Thence Southwesterly Thirty-one (31) feet to said iron monument on said Easterly line of South Main Street; thence Northeasterly by an angle of 11 ° South of the Point of Beginning One Hundred Sixteen and Sixty-seven hundredths (116.67) feet to an iron monument; thence Westerly by a deflection angle of 161 °24' to the left Eighty-three (83) feet; thence Southerly on a straight line Twenty-two and three -tenths (23.3) feet to the Point of Beginning. All of the same lying and being in the City of Stillwater, County of Washington, State of Minnesota, and containing .045 acre, more or less; and EXCEPTING that portion of the said premises which lies W'ly of the following described line: Beginning at a point on the SE'ly boundary of Nelson Street in said City of Stillwater, distance 11 feet NE'ly of its intersection with the NE'ly boundary of South Main Street in said City of Stillwater; thence run SE'ly at an angle of 90° with said SE'ly boundary of Nelson Street to a point on the NE'ly boundary of said South Main Street and there terminating. Abstract Property. 1.5 Encroachment Property. "Encroachment Property" means the following real property located in the City of Stillwater, Washington County, Minnesota: All that part of Lot Ten (10), Block Twenty-eight (28), Original Town of Stillwater, according to the plat thereof on file in the office of the County Recorder in and for Washington County, Minnesota, bounded and described as follows: Beginning at the SE corner of Main and Nelson Streets and running thence SE'ly along the East line of Main Street 14.75 feet to an angle in the said East line of Main Street; thence SE'ly along said East line of Main Street, 66 feet; thence NE'ly on a line parallel with the South line of said 2 Lot 10 to the West line of the right-of-way of the Union Depot & Street Railway Transfer Company of Stillwater; thence NW'ly along the West line of said right-of-way to the South line of said Nelson Street; thence W'ly along the South line of said Nelson Street to the place of beginning 139.75 feet, more or less. EXCEPTING, HOWEVER, from the foregoing property that portion of said premises described as follows: All that part of Lot Ten (10), Block Twenty-eight (28), Original Town, now City of Stillwater, described as follows, to -wit: Commencing at the Southeast corner of Main and Nelson Streets and running thence Southeasterly along the East line of Main Street Fourteen and seventy-five hundredths (14.75) feet; thence by a deflection angle of 33°29' to the left along the Easterly line of South Main Street Sixty-six (66) feet to an iron monument; thence Northeasterly by a deflection angle of 86°30', Thirty-one (31) feet to a mark in the concrete, said mark being the Point of Beginning of this description. Thence Southwesterly Thirty-one (31) feet to said iron monument on said Easterly line of South Main Street; thence Northeasterly by an angle of 11° South of the Point of Beginning One Hundred Sixteen and Sixty-seven hundredths (116.67) feet to an iron monument; thence Westerly by a deflection angle of 161 °24' to the left Eighty-three (83) feet; thence Southerly on a straight line Twenty-two and three -tenths (23.3) feet to the Point of Beginning All of the same lying and being in the City of Stillwater, County of Washington, State of Minnesota, and containing .045 acre, more or less; and EXCEPTING that portion of the said premises which lies W'ly of the following described line: Beginning at a point on the SE'ly boundary of Nelson Street in said City of Stillwater, distance 11 feet NE'ly of its intersection with the NE'ly boundary of South Main Street in said City of Stillwater; thence run SE'ly at an angle of 90° with said SE'ly boundary of Nelson Street to a point on the NE'ly boundary of said South Main Street and there terminating. Abstract Property. 1.6 City Easement. City Easement means the following easement: Nelson Street Right -of -Way 1.7 Landowner Improvements. "Landowner Improvements" means Landowner's: • A portion of a concrete stoop at the Northwest entrance to the structure; and • Three (3), 7' awning overhangs; and • One (1) AC condenser; and • Two (2), 5' wide, elevate concrete stoops with metal stairs. 1.8 City Easement Improvements. "City Improvements" means storm and sanitary sewer pipes, sidewalk, street and parking signs, curb and gutter, pedestrian improvements, and asphalt parking within the City Easement. 1.9 Construction Plans. "Construction Plans" means the Certificate of Survey dated June 27, 2019 prepared by Cornerstone Land Surveying, Inc. relating to Landowner Improvements. The Certificate of Survey is on file with the City. 3 1.10 Utility Costs. "Utility Costs" means all costs incurred by the City, (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City's Easement Improvements located in the City Easement and the placement of additional City Easement Improvements in the City Easement. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re -burying the City Easement Improvements, re -compacting the soils over the City Easement Improvements, restoring the City Easement area, and all engineering and attorneys' fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Landowner Improvements and subsequently replacing the Landowner Improvements in the City Easement, if such costs have not already been paid by the Responsible Owner. 1.11 Pre -Encroachment Costs. "Pre -Encroachment Costs" means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner Improvements did not exist. 1.12 Cost Differential. "Cost Differential" means the difference between the Pre - Encroachment Costs and the Utility Costs in light of the existence of the Landowner Improvements. The City's determination of the amount of the Cost Differential shall be binding on the Responsible Owner. The City's determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. and: ARTICLE 2 RECITALS Recital No. 1. Landowner owns the Encroachment Property. Recital No. 2. The Encroachment Property is improved with a commercial structure • A portion of a concrete stoop at the Northwest entrance to the structure; and • Three (3), 7' awning overhangs; and • One (1) AC condenser; and • Two (2), 5' wide, elevate concrete stoops with metal stairs. Recital No. 3. The City Property abuts the Encroachment Property. Recital No. 4 Landowner will be conveying the Encroachment Property to the Responsible Owner. Recital No. 5. Landowner wants to locate the Landowner Improvements within the City Easement. Recital No. 6. Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed within the City Easement if the following conditions are met: (a) The Responsible Owner maintains the Landowner Improvements. 4 (b) The Responsible Owner agrees to pay the City any Cost Differential relating to inspections, access, repair, maintenance and replacement of City Easement Improvements and the placement of any additional City Easement Improvements in the City Easement. (c) The Responsible Owner agrees to temporarily remove the Landowner Improvements in the event the City has need to access the area where the Landowner Improvements exist in order for the City to inspect, repair, maintain, and replace the City Easement Improvements or construct additional City Easement Improvements in the City Easement. Recital No. 8. Because Landowner currently owns all the Encroachment Property, Landowner is currently the only Responsible Owner. ARTICLE 3 AGREEMENTS 3.1 Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the City Easement. The Landowner Improvements shall only be placed at the locations specified in the Construction Plan. The Landowner Improvements must be constructed according to the Construction Plan. Landowner and the Responsible Owner shall not place any other structures, retaining walls, irrigation systems, buildings, fences, landscaping, trees or shrubs in the City Easement, except for the Landowner Improvements. After construction, the Responsible Owner, at its own expense, shall maintain and repair the Landowner Improvements. 3.2 City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.3 Continuing Right To City Easement. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Easement. 3.4 Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the City Easement and in the City Easement Improvements. 3.5 Risk Of Loss. Landowner and the Responsible Owner understand and agree that the Landowner Improvements within the City Easement may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the City Easement. The parties agree that the City is not responsible for such events; the City shall have no liability to 5 Landowner or the Responsible Owner for such events. Landowner and the Responsible Owner assume the risk of installing the Landowner Improvements in an area where the City Easement Improvements exist. 3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The City is responsible for the repair and maintenance of the City Easement Improvements in the City Easement. The City may require the Responsible Owner at the expense of the Responsible Owner to temporarily remove and subsequently replace the Landowner Improvements in the City Easement in order for the City to gain access to the City Easement Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City Improvements or adding future City Easement Improvements. If the Responsible Owner does not perform such tasks, the City may perform such tasks and in such case the Responsible Owner shall reimburse the City for the City's costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Responsible Owner and allow the Responsible Owner twenty (20) days from the date of the written notice to perform the tasks. If the Responsible Owner has not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. The charges shall be divided equally among the Encroachment Property. 3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating to a twenty (20) day written notice to the Responsible Owner to perform its obligations under Sections 3.6, the City shall not be required to give such notice if the City's engineer determines that an emergency exists. In such instance, the City, without giving notice to the Responsible Owner may perform the work and in such case the Responsible Owner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. The charges shall be divided equally among the Encroachment Property. 3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Easement Improvements or relating to construction of new City Easement Improvements in the future, then the Responsible Owner shall pay the Cost Deferential to the City. The Responsible Owner must make payment for the Cost 6 Deferential within 30 days after the City has sent a written invoice for the Cost Deferential to the Responsible Owner. 3.9 Remedies. If the Responsible Owner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: (a) The City may specifically enforce this Agreement. (b) If Responsible Owner fails to make payments under Section 3.6, 3.7 or 3.8, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the Encroachment Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The charges shall be evenly allocated among the Encroachment Property. The Responsible Owner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Encroachment Property. Further, as an alternate means of collection, if the written billing is not paid by the Responsible Owner, the City, without notice and without hearing, may specially assess the Encroachment Property for the costs and expenses incurred by the City. The Responsible Owner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Encroachment Property. The Responsible Owner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Responsible Owner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Encroachment Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.10 Indemnification. The Responsible Owner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; 7 (b) Installation and maintenance of the Landowners Improvements; (c) Failure by the Responsible Owner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and (d) Use of the City Easement for Landowner Improvements. 3.11 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Responsible Owner's obligations contained in Article 3 if the Responsible Owner does not perform such obligations. 3.12 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 3.13 Recording. The Responsible Owner shall record this Agreement with the Washington County Recorder against the Encroachment Property and within 30 days after the date of this Agreement, the Responsible Owner shall present evidence to the City that this Agreement has been recorded. 3.14 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Encroachment Property and shall be binding upon the heirs, successors, administrators and assigns of the parties. The obligations of the Responsible Owner contained in this Agreement are joint and several. 3.15 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.16 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.17 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 8 3.18 Headings. The subject headings of the sections this Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. [The remainder of this page has been intentionally left blank.] 9 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2019, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 10 LANDOWNER Signature Dennis Kilbane of DCK Enterprises WI LLC STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2019, before me a Notary Public within and for said County, personally appeared Dennis Kilbane, to me personally known. This Instrument Was Drafted By And After Recording Return To: Korine L. Land LeVander, Gillen & Miller, P.A. 633 South Concord Street Suite 400 South St. Paul, MN 55075 (651)451-1831 Notary Public 11 V 91r bV7 FOU 0/V 2' 1\74RkEDII-E---- _ Tqc.k„ P'314/LY 0 .4' CApPCEL F -NER 1,,SE COp -NER IVEL,S ST 8( °F ST. EOLi I, ND 'vON p 2" isiAR IPE "STAc„ IRO I/2" _ P/PE TACK „ • > > 4 4 4 4 o 4 ,/ V ou r 4 OVERFiA_Uctil 4 / 4 /4 o / ® / „ 4 / 4 4 4 > > -- 11.00 0/ 4 > > OU v 4 OU 4,7 AC ///4/7/ /////7////////7/ 26.6 `--7- BUILDING CORNER FALLS ON 0/ PARCEL LINE ,c6° `- - - FL0OR-=6q1.5 -- BUILDING CORNER FALLS 3.5' SWLY. OE PARCEL LINE o e I 4if 4 4 v OV‹.(s •<.‘ 4 4 v v a c-)ve5) 4' h 4 • 0-‘, \ 44'6, o 4 4 4 4 4r; 4 \ 4 .3C \`'\ LpTueE \\4 4 4 4 4 v 4 4 4 4 4 o 44 4 4 4 4 •". 4 O 4 4 4 0 7 4 4 -1" 4 LEGEND 4 4 v Lc) 4o C /A//////7 // (,,BLDG. BREAK - - FL0OR-6q1.5 .4v 4 o 4 4 4 v 4 6g, • FOUND MONUMENT 1 / 2" IP MARKED RLS 15480 SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL \A/H 0 or 0 Q or iM > > LOT q LOT 10 UG NELSON STREET < < ---------- --- > > EXISTING BUILDING (5,157 SO.FT. AS SHOWN) BUILDING CORNER FALLS 0.3' N. 84- 0 .8' W. OF PARCEL CORNER • BUILDING CORNER FALLS 0.3' 5. OF PARCEL CORNER - BUILDING CORNER PALLS 0.1' 5. OF - PARCEL_ LINE WATER VALVE BOLLARD MAIL BOX UNKNOWN MANHOLE TRAFFIC SIGNAL STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER MANHOLE WATER METER POST INDICATOR VALVE SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN , / \ I OU > > > > A > > > > > > 4 (1301.75 uG N73°141' 37"E 128475 cu OVERHANG uc r 1 r 7 SOUTH LINE OF ou r ii - - - --LoNuELSON STREEuT / o ou ou r 1 1 ,_ 1 METAL n 1 STEryt n 7 1 1 METAL I— OVEINNS—1 CONC. ABOVE 1 i STEPS I n Trr 1 CONC. ABOVE I // // • cI6.5 I • • - -- El_0012=6c13.1 ------1.15U.LOPEINPCALRICNEEL°.1' • •• --- FLOOR=--6c13.0 UG ,'._ • ••• ' ; UG UG LINE 63.7 83.00 S72°40'12"W (83.00 DESC.) rc;r-G )0, • ,- POINT OF BEGINNING •\e, 61 -cY\ \O I>S2- (ft 500' EXCEPTION UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN CURB [TYPICAL] /////////////// BUILDING LINE BITUMINOUS SURFACE I CONCRETE SURFACE \)/ ,(?), EXISTING PARKING: UG OU THERE ARE NO VISIBLE PARKING STALLS DESIGNATED ON THIS PARCEL INCLUDING 0 HANDICAP STALLS. FLOOD INFORMATION: PORTIONS OF THIS PROPERTY LIES WITHIN ZONE AE, AREAS DETERMINED TO BE WITHIN THE 0.2% ANNUAL CHANCE FLOODPLAIN AS SHOWN ON FEMA FLOOD INSURANCE RATE MAP NUMBER 55109C0166E HAVING AN EFFECTIVE DATE OF MARCH16TH, 2009. THE BASE FLOOD ELEVATION OF 692.6 WAS DERIVED FROM THE FLOOD INSURANCE PROFILE FOR THE ST. CROIX RIVER. > > 1 BUILDING CORNER F.84 FALLS 0.1' N. ' 0.1' W. OF o PARCEL_ CORNER c > > WATER STREET » v > > uc LOADING DOCK ----- TOP CONC.=6c13.0 - LOWER CONCRETE - WALL A BUILDING CORNER FALLS 0.3' 5. 86 0.2' W. OF - - - - PARCEL_ CORNER r- „ - rGP I- e q)\/ '#1‘ (</C7 SURVEY NOTES: / \ / \ > > A UG > > > > > TOP ROOF :=7 05.7 - TOP FACADE =706.6 > OU 1. BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWATER ENGINEERING DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. (13 LEGAL DESCRIPTION: The following Legal Description is as shown on the Chicago Title Insurance Company Title Commitment No. 301849, dated June 3rd, 2019. All that part of Lot Ten (1 0), Block Twenty-eight (28), Original Town of Stillwater, according to the plat thereof on file in the office of the County Recorder in and for Washington County, Minnesota, bounded and described as follows: Beginning at the SE corner of Main and Nelson Streets and running thence SE'ly along the East line of Main Street 14.75 feet to an angle in the said East line of Main Street; thence SE'ly along said East line of Main Street, 66 feet; thence NE'ly on a line parallel with the South line of said Lot 10 to the West line of the right-of-way of the Union Depot & Street Railway Transfer Company of Stillwater; thence NW'ly along the West line of said right-of-way to the South line of said Nelson Street; thence Wly along the South line of said Nelson Street to the place of beginning 139.75 feet, more or less. EXCEPTING, HOWEVER, from the foregoing property that portion of said premises described as follows: All that part of Lot Ten (1 0), Block Twenty-eight (28), Original Town, now City of Stillwater, described as follows, to -wit: Commencing at the Southeast corner of Main and Nelson Streets and running thence Southeasterly along the East line of Main Street Fourteen and seventy-five hundredths (14.75) feet; thence by a deflection angle of 33°29' to the left along the Easterly line of South Main Street Sixty-six (66) feet to an iron monument; thence Northeasterly by a deflection angle of 86°30', Thirty-one (31) feet to a mark in the concrete, said mark being the Point of Beginning of this description. Thence Southwesterly Thirty-one (31) feet to said iron monument on said Easterly line of South Main Street; thence Northeasterly by an angle of 110 South of the Point of Beginning One Hundred Sixteen and Sixty-seven hundredths (116.67) feet to an iron monument; thence Westerly by a deflection angle of 161024to the left Eighty-three (83) feet; thence Southerly on a straight line Twenty-two and three -tenths (23.3) feet to the Point of Beginning. All of the same lying and being in the City of Stillwater, County of Washington, State of Minnesota, and containing .045 acre, more or less; and EXCEPTING that portion of the said premises which lies Wily of the following described line: Beginning at a point on the SE'ly boundary of Nelson Street in said City of Stillwater, distance 11 feet NE'ly of its intersection with the NE'ly boundary of South Main Street in said City of Stillwater; thence run SE'ly at an angle of 90° with said SE'ly boundary of Nelson Street to a point on the NE'ly boundary of said South Main Street and there terminating. Abstract Property. EASEMENT NOTES: The following exceptions appear on the Chicago Title Insurance Company Title Commitment No. 301849, dated June 3rd, 2019. NO EASEMENTS OR ENCUMBRANCES ARE LISTED ON SAID COMMITMENT. CERTIFICATION: To: Matt Hall, Kristin Hall, Jason Swartz, Erin Swartz, Chicago Title Insurance Company: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 201 6 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 7, 8, 9, 11, 16, 18, and 19 of Table A thereof. The field work was completed on June 25th, 2019. CORNERSTONE LAND SURVEYING, INC. Dated: 6-27-19 Revised: By: Daniel L. Thurmes Minnesota License No. 2571 8 The Chicago Title Insurance Company Title Commitment No. 301849, dated June 3rd, 201 9 as listed on this survey was relied upon for matters of record. Other easements may exist that were not shown in this commitment and are not shown on this survey. TABLE A NOTES: . SUBSTANTIAL FEATURES OBSERVED IN THE PROCESS OF CONDUCTING THE FIELDWORK ARE SHOWN ON THE SURVEY. 16. THERE IS NO OBSERVABLE EVIDENCE OF RECENT EARTH MOVING WORK AND BUILDING CONSTRUCTION ON THE SUBJECT PROPERTY. 18. NO MARKERS OF WETLANDS DELINEATED BY A QUALIFIED SPECIALIST WERE OBSERVED IN THE PROCESS OF CONDUCTING THE FIELDWORK. EDGE OF WATER/ICE IS SHOWN ON SURVEY. 19. PLOTTABLE OFFSITE EASEMENTS OR SERVITUDES ARE SHOWN ON THE SURVEY. AREA: TOTAL AREA AS SHOWN = 5,485 SQ.FT. UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! Gopher State One Call TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 0 -1 MAIN STREET S. CONTACT: Joe Widmer -- Agent Metro East Commercial Real Estate 651-274-0505 Cell 651-351-5005 Office COUNTY/CITY: NA/..^5 I —I I NI G 1 C) NJ 4:=> 11_J IN MY 0 I 4C=::10 F REVISIONS: DATE 6-27-19 10 REVISION ISSUED CERTIFICATION: 20 I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daatneie:7i9 I L_T2hur_mes Registration mber: 25718 D PROJECT LOCATION: MAIN STREET S. PID#2803020410039 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVJW49 JW19049 CERTIFICATE OF SURVEY MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 6/15 Page 1 of 2 Annual Fee $150 (NON-REFUNDABLE) REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Mail the application and required attachments to: Lease for Lawful Gambling Activity. Minnesota Gambling Control Board 2. $150 annual premises permit fee, for each permit (non-refundable). 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing. ORGANIZATION INFORMATION Organization Chief Executive Gambling Name: Officer Manager: 3 BPOE Stillwater Elks #179 License Number: Daytime Phone: Daytime Phone: 01058 (CEO) Scott Steve Faltus 651-792-6096 Clarey 651-439-2919 GAMBLING PREMISES INFORMATION Current name of site where List any previous names Stillwater American Legion gambling will be conducted: 3rd Street Post for this location: Post #48 Street address where premises is located: 103 3rd Street S (Do not use a P.O. box number or mailing address.) City: OR Township: Stillwater County: Zip Code: Washington 55082 Does A lease Is any Note: zation Has your your organization Yes not required organization bingo can another permitted organization own the building where the gambling will be No If no, attach LG215 Lease for Lawful only a raffle will be conducted. conducting gambling at this site? be conducted at a site where another form organization. Electronic games can only conducted gambling at this site? conducted? Gambling Activity. Yes gambling is being a site where No Don't know by the applying organi- paper pull -tabs are played. Don't know vi is other Bar or if only previously �No of lawful be conducted at conducted fYes GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: Bank Street Lake Elmo Bank Bank Account Number: Elmo State: Address: 11465 39th St N City: Lake MN Zip Code: 55042 ALL TEMPORARY AND PERMANENT OFF -SITE STORAGE SPACES Address (Do not use a P.O. box number): City: State: Zip Code: 12870 Otchipwe Stillwater MN 55082 14575 61st St Ct N Stillwater MN 55082 MN LG214 Premises Permit Application 6/15 Page 2 of 2 ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION City Name: Date Approved Resolution (If none, Signature CITY APPROVAL for a gambling premises located within city limits COUNTY APPROVAL for a gambling premises located in a township County Name: _ _ by City Council: Date Approved by County Board: Number: Resolution Number: attach meeting minutes.) of City Personnel: (If none, attach meeting minutes.) Signature of County Personnel: Title: _ Date Signed: Title: Date Signed: _ _ TOWNSHIP NAME: Local unit of government must sign. Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: ACKNOWLEDGMENT AND OATH 1. I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful operation of the Board or its agents, and the commissioners of all activities to be conducted. revenue or public safety and their agents may enter and inspect the premises. 7. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, 2. The Board and its agents, and the commissioners of to abide by those laws and rules, including amendments to revenue and public safety and their agents, are them. authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of 8. Any changes in application information will be submitted to the current gambling rules and law. Board no later than ten days after the change has taken effect. 3. I have read this application and all information submitted to the Board is true, accurate, and complete. 9• I understand that failure to provide required information or providing false or misleading information may result in the 4. All required information has been fully disclosed. denial or revocation of the license. 5. I am the chi f ecutive officer of the organization. 10. I understand the fee is non-refundable regardless of license approval/denial. 11, )1 i) CI Signature of ief Executive Officer (designee may not sign) Date Data privacy notice: The information requested on this information when received by the Board. Minnesota's Department of Public Safety, form (and any attachments) will be used by the All other information provided will be Attorney General, Commissioners of Gambling Control Board (Board) to determine your private data about your organization until Administration, Minnesota Management & organization's qualifications to be involved in lawful the Board issues the permit. When the Budget, and Revenue; Legislative Auditor, gambling activities in Minnesota. Your organization has Board issues the permit, all information national and international gambling the right to refuse to supply the information; however, provided will become public. If the Board regulatory agencies; anyone pursuant to if your organization refuses to supply this information, does not issue a permit, all information court order; other individuals and agencies the Board may not be able to determine your provided remains private, with the specifically authorized by state or federal law organization's qualifications and, as a consequence, exception of your organization's name and to have access to the information; individuals may refuse to issue a permit. If your organization address which will remain public. Private and agencies for which law or legal order supplies the information requested, the Board will be data about your organization are available authorizes a new use or sharing of able to process your organization's application. Your to: Board members, Board staff whose information after this notice was given; and organization's name and address will be public work requires access to the information; anyone with your written consent. This form will be made available in alternative format, i.e. large print, braille, upon request. An equal opportunity employer Administration TO: Mayor and City Council Members FROM: Beth Wolf, City Clerk DATE: December 12, 2019 SUBJECT: Legal Publication Designation for 2020 DISCUSSION The City has received proposals from The Stillwater Gazette and St. Paul Pioneer Press to provide legal publication services to the City. The rates for 2020 have not changed from 2019 and are as follows: • Gazette's rates are $4.75 per column inch for the first insertion, ($3.95 per inch for subsequent insertions of the same legal notice) • St. Paul Pioneer Press (Washington County section, Monday -Saturday) $6.00 per print line for liner ads ($5.50 per inch for subsequent insertions of the same legal notice); The legal publications have been published in the Gazette for many years, and even though their frequency of legal publications have been reduced to Friday, the requirements for legal publications have been met. Occasionally there is a need to publish before the next deadline for the Gazette, so the Pioneer Press is an excellent resource for those situations. RECOMMENDATION Staff recommends that Council continue publishing in the Stillwater Gazette for its legal publications and also designate the St. Paul Pioneer Press as a secondary legal publication should the need arise. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting a resolution Designating the Stillwater Gazette and St. Paul Pioneer Press as the City's 2020 Legal publications, and approving their respective agreements. DESIGNATING THE STILLWATER GAZETTE AND ST. PAUL PIONEER PRESS AS THE CITY'S 2020 LEGAL PUBLICATIONS AND APPROVING THEIR RESPECTIVE AGREEMENTS WHEREAS, the City is required to designate a legal newspaper every year; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council as follows: 1. The Stillwater Gazette is hereby designated as the City's official publication for all legal notices; 2. The St. Paul Pioneer Press is hereby designated as the City's secondary official publication for legal notices that are not able to be published in the Stillwater Gazette, should the need arise as determined by the City Clerk; and 3. That the contracts for the Stillwater Gazette and St. Paul Pioneer Press are is hereby approved and authorizes the Mayor and City Clerk to sign the contracts on behalf of the City. Adopted by the Stillwater City Council this 17th day of December 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk AGREEMENT FOR OFFICIAL NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2020 THIS AGREEMENT, made and entered into this 17th day of December 2019, by and between THE STILLWATER GAZETTE, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 4. The Contractor agrees that The Stillwater Gazette is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 5. That for and during the calendar year ending December 31, 2020, the Contractor will publish all legal notices in The Stillwater Gazette. 6. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 7. That all of the publications shall generally conform with established standards of quality previously provided the City. 8. In accordance with the Specifications for City of Stillwater publications for 2020 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost per column inch for official City publications shall be: First insertion: $4.75 per column inch Second, and each subsequent insertion: $3.95 per column inch IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE STILLWATER GAZETTE In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor AGREEMENT FOR THE ST. PAUL PIONEER PRESS OFFICIAL SECONDARY NEWSPAPER - CITY OF STILLWATER LEGAL NOTICES FOR THE YEAR 2020 THIS AGREEMENT, made and entered into this 17th day of December 2019, by and between THE ST. PAUL PIONEER PRESS, hereinafter called the "Contractor", and the CITY OF STILLWATER, a municipal corporation of Washington County, Minnesota, hereinafter called the "City". WITNESSETH, that the Contractor and the City, for the consideration hereinafter specified, agree as follows: 1. The Contractor agrees that the St. Paul Pioneer Press is, and for the term of this contract shall continue to be, a Qualified Newspaper in accordance with the laws of the State of Minnesota, §331A.01, having general circulation in the City of Stillwater. 2. That for and during the calendar year ending December 31, 2020, the Contractor will publish legal notices in the St. Paul Pioneer Press that are not able to be published in the Stillwater Gazette, as determined by the City Clerk. 3. The publications to be in accordance with instructions provided by the City Clerk as to date and frequency. 4. That all of the publications shall generally conform with established standards of quality previously provided the City. 5. In accordance with the Specifications for City of Stillwater publications for 2019 Legal Advertising on file with the Office of the City Clerk and using 7 point - 8 leading Helvetica type and a standard advertising unit width, the cost for official City publications shall be as follows: • $6.00 per column inch for a one-time publication; ($5.50 per inch for subsequent insertions of the same legal notice); IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. In presence of: THE PIONEER PRESS In presence of: CITY OF STILLWATER Beth Wolf, City Clerk Ted Kozlowski, Mayor Stiliwater Administration Date: December 13, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Library Board Appointments Three terms on the Library Board will expire on December 31, 2019. Staff published the opening, applications were received and interviews were conducted to fill the upcoming vacancies. Mark Troendle, Director of the Library has indicated the Library Board would like to recommend reappointing all three trustees for another term. They are: Maureen Bell, Bethany Cox and Pat Lockyear. ACTION REQUIRED: If Council agrees with the recommendation, they should pass a motion to approve the reappointment of Maureen Bell, Bethany Cox and Pat Lockyear to the Library Board for another term. CITY COUNCIL MEETING DATE: December 17, 2019 REGARDING: Lowell Park Pavilion Historic Structure Report Consultation Selection PREPARED BY: Abbi Jo Wittman, City Planner DISCUSSION As a reminder, city staff secured funding to develop a Historic Structure Report (HSRs) for the Lowell Park Pavilion and the levee wall and Sam Bloomer Way adjacent to the pavilion. A Request for Proposals was distributed and the City received two qualified proposals from the Collaborative Design Group, Inc. and Blue -Pencil Collective/WSB. Both firms are well qualified to complete the work but, with their extensive experience developing assessments for Minnesota based historic sites including those in and near water, Collaborative Design Group's proposal is most advantageous to the City. RECOMMENDATION City staff recommend entering into contract with Collaborative Design Group, Inc. for professional consulting services associated with the development of the Lowell Park Pavilion Historic Structure Report. ATTACHED Resolution of Agreement Approval Collaborative Design Group RFP and Addenda APPROVAL OF AGREEMENT WITH COLLABORATIVE DESIGN GROUP, INC. BE IT RESOLVED, by the City Council of Stillwater, MN that agreement between Collaborative Design Group, Inc. and the City of Stillwater for the development of the Lowell Park Pavilion Historic Structure Report in the amount not to exceed $13,750 is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 17th day of December, 2019. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 17th day of December, 2019, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Collaborative Design Group, Inc., 125 Main Street SE, Suite 240 Minneapolis, MN 55414 (address) ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated December 6, 2019, incorporated herein as Exhibit 1; ii. Other documentation, the Request for Proposals, incorporated herein as Exhibit 2. (Hereinafter "Exhibits.") b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. 1 b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. 2 The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated the City Planner to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Bill Hickey to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. 3 a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Abbi Jo Wittman Or e-mailed: awittman@ci.stillwater.mn.us 4 If to Contractor: Collaborative Design Group, Inc. 125 Main Street SE, Suite 240 Minneapolis, MN 55414 Attention: Bill Hickey, AIA, LEED AP Or emailed: bhickey@cdg-mn.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 5 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 6 CONTRACTOR By: Its: Date: 7 Proposal for City of Stillwater Historic Structure Report for the Lowell Park Pavilion and Levee Wall December 6, 2019 4. COLLABORATIVE 1)esignGr-oup, 125 Main Street SE, Suite 240 Minneapolis, MN 55414 www.cdg-mn.com p (612) 332-3654 f (612) 332-3626 Contact: Bill Hickey, AIA, LEED AP bhickey@cdg-mn.com 1. Project understanding Lowell Park was created in 1911 after Elmore Low- ell, a hotelier, acquired the portion of land on the St. Croix River. In 1916, Lowell Park was extended after the City of Stillwater Parks Board acquired additional riverfront property to the north. Morell & Nichols, a Minneapolis landscape architecture and engineering firm, was retained to design the expanded area of the park. The design included raising the existing elevation, introducing gardens and paths, and construction of the Pavilion. The Park is a contributing site to the Stillwater Commer- cial Historic District and both the Pavilion and con- crete levee are identified in the National Register of Historic Places Nomination Form as contributing structures to the site. To account for rising river water levels, a Works Prog- ress Administration (WPA) project was completed to build a levee through all of the Park sometime prior to 1940. The Pavilion was rebuilt, but was again reconstructed in 1984 to restore the original design. The levee walls have been reconstructed since the 1984 reconstruction, but no major work has been completed for the Pavilion except for painting and select carpentry restoration. Stillwater Sunrise Rotary, with support from Stillwater Noon Rotary, approached the City of Stillwater to dis- cuss potential improvements to the Lowell Park Pavil- ion site. Recognizing the character and significance of the site and Pavilion structure, the City is seeking a firm to complete a Historic Structure Report to un- derstand necessary treatment methods and helps guide the City and Rotary Groups at they continue to maintain and improve the property. The City has been awarded a Minnesota Historical Society Histori- cal and Cultural Heritage Grant for the work. The HSR will focus primarily on the historic Pavilion, but will also include the levee wall and select por- tions of Sam Bloomer Way. The report will include a history of the building and site, descriptions of historic features, evaluation of current conditions, and prioritized treatment recommendations to maintain the restore the structure and site. Recom- mendations will meet the Secretary of the Interior's Standards for the Treatment of Historic Properties. The report will also discuss the appropriateness of proposed alterations, such as painting the Pavilion a different color or installing brick pavers and new signage on the site. Lowell Park & Pavilion, Stillwater Commercial Historic District National Register of Historic Places Registration Form, 1992 C0LLABORATNE DesignGroup,ir . 2. Project work plan and schedule HISTORIC RESTORATION PHILOSOPHY Collaborative Design Group (CDG) has worked on historic structures throughout the State, and we have discovered that the most successful projects require a design team that is equally strong in the knowledge of archival research, building investiga- tion, historic building materials and construction methods, preservation, project management, and creative problem solving. We believe that draw- ing on the expertise of multiple design disciplines is paramount to the completion of a long-lasting, sensitive, and successful Historic Structure Report. In order to gain a comprehensive understanding of any structure, CDG created an in-house Building Science Group that is dedicated to the study and preservation of existing buildings, both historic and otherwise. The team is comprised of historic archi- tecture, historic preservation, structural/restoration engineering, and roofing and building envelope expertise. Our team will assess the building from the perspective of each specialist and then share our findings to determine the root causes of identified building and site problems. We have a fundamental belief that every structure is different and that they are made up of multiple components, all of which interact with one another and contribute to overall condition and perfor- mance. The design, construction, materials, siting, physical changes, and deterioration are unique; each building must be looked at individually and all the components of the building system must be understood before an intervention or plan can be thoughtfully developed. PROJECT TEAM Bess McCollough will serve as Project Manager; she will be the primary point of contact and will lead project meetings, scheduling, site investigations, and report preparation. Bill Hickey, Historic Architect, will draw on his deep experience assessing and restoring historic structures and Craig Milkert, Structural Engi- neer, will bring his expertise working with the structural components and envelopes of historic buildings. The team will work together in the development of the report's conclusions, recommendations, and cost estimates. Stillwater Sunrise Notary, Stillwater Noon Notary, and City of Stillwater stakeholders will be integrated as part of our investigation team, as your knowledge of the structures, past and future uses, and your goals will provide unique insight into the workings and history of the building and site. We understand that no one knows a building better than its users, and we will look to draw on this familiarity to help us understand the building's condition and develop a rehabilitation plan that is perfectly suited for the Mill and your goals for the property. Working closely with you will give us the opportunity to meet your expectations, help you budget for future projects, and create a preservation plan that is realistic and perfectly suited for your needs. Our goal for the project is to create an HSR that not only details the history and conditions of the property, but also serves as a guide to helping you achieve your restoration and improvement goals. Simply put, our HSR will help you continue to be good stew- ards of your historic property well into the future. PROJECT APPROACH A well -prepared HSR is more than just a history re- port of the structure; it should be a comprehensive report that not only documents the relevant history and evolution of the building, but also details the current condition and discusses what is required to move forward with preserving and rehabilitating the building for future use. The objective of an HSR is to document previous uses and existing conditions of the building and site for the purpose of guiding fu- ture building treatment, including maintenance and conservation, rehabilitation, and new construction. Our approach to the development of the HSR and treatment plan is rooted in logic and based on three equally important elements: 1. Thorough archival research 11 Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal 2. Diligent on -site physical evaluation and testing 3. Clear, comprehensive narrative and preserva- tion plan ARCHIVAL RESEARCH Understanding the history of the Lowell Park Pavilion, levee wall, and Sam Bloomer Way is an important piece of the preparation of the HSR and preserva- tion plan. CDG begins each of our assessment and restoration projects with a review of all existing documents, including original and renovation draw- ings, past reports, historic photos, National Register nomination forms, and any other documents that may be available. It is important to fully understand how the structures were constructed, how they was intended to be- have, how they have changed over time, and how they are currently behaving. The physical evolution is critical to comprehensively understanding all ele- ments on the property. By examining original draw- ings, documents, and photographs, we can begin to understand if any problems are due to design or construction flaws. In our experience assess- ing historic structures, we have found that building problems are often not due to the original design or construction, but, rather, to changes that have been made over time. Imperfect repair projects, modifications to building systems, lack of consistent upkeep and maintenance, and even changes in use can have an adverse effect on the building's current performance. Our research will help us cre- ate a picture of why the structures are performing as they are and will allow us to develop a timeline of their history and evolution. Along with archival research and intensive on - site assessments, we will use the expertise that we developed during past Historic Structure Reports, condition assessments, and long-term historic preser- vation plans to help guide our report, estimates, and rehabilitation strategies. However, we will not make assumptions about current conditions based on past work; we will draw on the knowledge and experi- ence of the individual disciplines on our project team to develop a report that is unique and right for your property and your specific needs. We have a deep passion for building conservation and believe that our holistic and thoughtful approach is the best way to ensure a successful preservation plan. EVALUATION AND TESTING Site observations will be performed to document current conditions, noting movements, cracks, distress, deterioration, and material defects. If necessary, the observation process will incorporate self -performed testing, such as thermographic imag- ing to help detect thermal deficiencies and water saturation of the building components or RILEM tube testing, which is used to get a sense of the permea- bility of masonry assemblies. CDG will also measure the building to produce accurate measured draw- ings that can be used for planning purposes and potential future construction documents. After the team has collected the data and started to think about the issues, all research and assess- ment findings will be compiled and discussed inter- Thermographic imaging. RILEM tube testing. COLIABORATIVEDesignGroup,ir . 2. Project work plan and schedule nally with the project team. This critical discussion is a way to look at the whole health of the building rather than compartmentalized problems. After initial findings (not conclusions) are compiled, CDG will coordinate with the Stillwater team to discuss the next steps and the development of the HSR. CLEAR, COMPREHENSIVE NARRATIVE After our team has observed and researched the building, we will present our findings in a written report that summarizes our procedures, research, observations, and testing. Our conclusions and rec- ommendations will be clearly written so that anyone can understand the direction of the preservation program. All identified problems will have a clearly written description of the causes, along with appro- priate recommendations for repair. We strive to create HSRs and assessment reports that are informative, interesting, and accessible so that they can impact as many readers as possible. We want our reports to serve as a starting point, creat- ing excitement and buy -in for future restoration and improvement of historic properties. Recommendations will include cost estimates for repair and will be prioritized to match the severity of the issue, future site and building uses, and project- ed future budgets. Recommendations for repair will be developed only after the cause of the problem is determined. It is insufficient to simply repair the symptom of a problem; the cause of the problem must be identified and corrected so that preserva- tion efforts are long lasting and efficient. CDG's experience includes more than just as- sessments and historic structure reports; we have also designed the restoration of some of the most notable historic landmarks throughout the State. Our experience in historic restoration design and our work overseeing contractors gives us a unique insight into the construction process and allows us to provide accurate cost estimates and recommend long-lasting, historically sensitive repairs. CDG will submit 60%o and 90% drafts of the HSR to the City and Rotary groups for review, and we will incor- porate comments received into the final report. The report will include a preservation plan that provides recommendations that meet the Secretary of the Interior's Standards for the Treatment of Historic Prop- erties. We will identify work that is historically -sensitive, improves the site, and is realistically implementable. The will report will include the following components: 1. Introduction and Developmental History Physical descriptions Narrative of building alterations and loss of historic features Historical background and context Evaluation of significance • Timeline of the building's physical and cultural history 2. Condition Assessment Site and exterior condition observations Roof, building envelope, and site features, including accessibility Interior condition observations Interior features, finishes, and accessibility Discussion and conclusions of all observations 3. Treatment & Work Recommendations Site & exterior recommendations in conformance with the Secretary of the Interior's Standards Recommendations will also include options to conform the building and site to meet ADA requirements Cost estimates Detailed and prioritized cost estimates All recommendations and cost estimates will be prioritized to meet the needs of the AMHF 4. Measured Drawings Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal SCHEDULE Consultant selection / notice to proceed (December 17th) Stakeholder Kick-off meeting with City Staff & Rotary Review of past plans and reports, other research Building, Wall, and Roadway assessments, photos Measured Drawings Condition Evaluation Proposed Treatments Report writing Stakeholder Updates HSR complete - May 15, 2020 PROJECT TASKS Dec 2019 Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 * Kick-off Meeting Team introductions Discussion of project goals and constraints Discussion of schedule and budget Discussion of current conditions Discussion of current property operations Obtain documents and any known history of the property Archival Research and Document Review Review any available documents, including reports, original drawings, restoration/ renovation drawings, photographs, etc. Conduct additional research necessary for the historical background and context Archival research and document review will be conducted sporadically throughout the project Assessment and Documentation Conduct in-depth, on site assessment and documentation of the site and structures Assessments will include the building foundations, structural systems, roof, and site Digital photography Submission of 60% and 90% report drafts Incorporation of review comments and completion of final Historic Structure Report Building Measurements Obtain all building measurements necessary for measured drawings Complete measured drawings that detail current condition and can be used as a starting point for future construction documents C0u-ABORATIVE DesignGroup,ir . 3. Firm description and project team ctk COLLABORATIVE DesignGrouponc. Creative Thinking... Thoughtful Solutions Creative problem solving is what our profession is all about. While the employees at CDG challenge all team members to think creatively to develop interesting and exciting designs, we realize that creativity does not stop with aesthetics. Our team understands that the most important component of problem solving is thinking about how to combine a creative design with functionality, affordability, practicality, and ef- ficiency. Creative thinking and thoughtful solutions will make your project successful. Collaborative Design Group is a name carefully considered to reflect our fundamental belief that the design process is a col- laborative effort, with our clients as integral members of the project team. We believe that the success of your project is dependent on the knowledge and resources of many groups of people. It is our goal to assemble the most appropriate and talented individuals to meet your specific needs. Our approach rises from a respect and appreciation for people and an understanding that the purpose of a build- ing is to provide a unique environment to meet the specific needs of our client. Our process translates our clients' vi- sions into practical solutions to create a memorable sense of place in which people thrive. Each unique design reflects the image of our clients. FIRM INFORMATION LOCATION 125 Main Street SE Suite 240 Minneapolis, MN 55414 ESTABLISHED 2001 STAFFING Total: 18 I Architectural: 8 I Structural: 4 I Administrative: 2 CONTACT William Hickey, AIA, LEED AP bhickey@cdg-mn.com (612) 371-6414 Interior Design: 4 1:1 Historic Structure Report for the L owell Park Pavilion and Levee Wall Proposal What sets Collaborative Design Group apart... Is that we provide a truly collaborative approach to the design of built environments. We seamlessly blend our in-house disciplines of Architecture, In- terior Design, Structural Engineering, and Historic Preservation to develop sound and energized de- sign solutions. The level of knowledge that these combined disci- plines bring to a project ensures informed decision making and leads to a successful project outcome. Self -performing the full scope of services brings signifi- cant added value during both design and construc- tion. As our name articulates, we work collabora- tively, uniting all disciplines in the process to create an integrated design solution. Services provided ARCHITECTURE Architectural Design I Predesign Studies I Project Management I Sustainable Design Principles I Code Analysis I ADA Studies and Compliance I Construction Administration HISTORIC PRESERVATION Preservation Design and Planning I Historic Structure Reports I Assessment Reports I Tax Credit Applications National Register Nominations I Adaptive Reuse Rehabilitation and Restoration Design INTERIOR DESIGN Interior Design I Programming I Space Planning Furnishings and Finish Selection I Move -in Coordination Construction Administration STRUCTURAL ENGINEERING Structural Design I Structural Analysis I Construction Review I Structural Assessment Reports I Construction Administration PROJECT PLANNING Master Planning I Urban Planning I Strategic Planning Site Evaluation and Selection I Feasibility Studies I Planning and Zoning Approvals BUILDING SCIENCE Building Pathology and Forensic Investigation I Condition Assessments I Testing I Maintenance Planning and Estimating I Roof and Envelope Design �i COLLABORATIVE Designcroup,n,t. 3. Firm description and project team EXPERIENCE EDUCATION REGISTRATION HISTORIC PROJECTS William Hickey AIA, LEED AP Historic Architect, Principal -in -Charge Bill has considerable expertise in the programming, design, and project man- agement of Commercial and Institutional projects, including corporate, retail, restaurant, university, and government buildings. His work also includes mul- tifamily housing, mixed -use and transportation -oriented development, strate- gic planning, and collegiate projects. He has a strong background in facility analysis and reports. Bill meets the Secretary of the Interior's Standards for Historic Architect, Architectural History,and Architecture. 29 years University of Minnesota, Bachelor of Architecture University of Minnesota, Bachelor of Environmental Design Registered Architect, Minnesota #201 1 1 LEED Accredited Professional Kasson Public School Historic Structure Report I Kasson, MN Todd County Courthouse Historic Structure Report and Restoration I Long Prairie, MN Marine on St. Croix Town Hall Historic Structure Report I Marine on St. Croix, MN Meighen Residence, Store, and Scale House Historic Structure Report and Restoration Projects Forestville, MN • Reads Landing Schoolhouse Historic Structure Report and Restoration I Reads Landing, MN Arcola Mills Assessment I Stillwater, MN G.A.R. Hall/Meeker County Historical Museum Historic Assessment I Litchfield, MN Historic Plummer House Facilities Master Plan I Rochester, MN Minnesota Historical Society Design Guidelines 14 Sites throughout Minnesota Faribault Historic Downtown Design Guidelines I Faribault, MN Madison Downtown Historic Architectural Survey I Madison, SD • Historic Soldiers Memorial Field Park Master Plan I Rochester, MN • Fort Snelling Master Plan, Reuse, & Assessments I St. Paul, MN Houston County Jail Adaptive Reuse Study I Caledonia, MN Treasure Island Center Adaptive Reuse I St. Paul, MN Enger Park Master Plan and Historic Tower Restoration I Duluth, MN • Blair House Exterior Assessment and Restoration I St. Paul, MN • Church of St. Rose of Lima Building Condition Assessment I Kenyon, MN Eddy Hall Building Forensic Assessment I University of Minnesota I Minneapolis, MN Landmark Center Exterior Envelope Assessment and Restoration I St. Paul, MN • Lindbergh House Accessibility Improvements I Little Falls, MN • Midtown Exchange Assessment, Reuse, and Restoration I Minneapolis, MN Split Rock Lighthouse Assessment and Restoration I Two Harbors, MN Staples Depot Renovation and Restoration I Staples, MN Education Sciences Building Restoration and Reuse I University of Minnesota Minneapolis, MN Hellickson House Historic Assessment I Byron, MN Rosie Belle Theater Historic Assessment and Blight Report I Rochester, MN Litchfield 225 North Sibley Avenue Condition Assessment I Litchfield, MN 1:1 Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal EXPERIENCE EDUCATION REGISTRATION HISTORIC PROJECTS Elizabeth McCollough AAA, LEED AP Project Manager, Historic Architect Bess has 20 years of experience, both in architecture and project manage- ment. Her experience is exemplified in her understanding of architectural design and management. Bess has extensive public sector experience with work including ADA assessment and implementation, new construction, reno- vations, historic restorations, and planning. 20 years University of Minnesota, Master of Architecture Montana State University, Bachelor of Arts, Theater Registered Architect, Minnesota #26934 LEED Accredited Professional • Stillwater Lowell Park Trailhead Building I Stillwater, MN Design of a new bathroom and storage building in Lowell Park • Baudette Depot Assessment, Reuse, and Restoration I Baudette, MN Interior and exterior rehabilitation of former Canadian Northern passenger and goods rail depot; work included new ADA compliant restrooms, period appropriate lighting, new flooring and trim, and HVAC upgrades to the 1920s structure • Eidem House Structural Assessment I Brooklyn Park, MN Assessment of the historic structure • Enger Park I Duluth, MN Park master plan, ADA ramps for site access, restoration of historic Enger Tower and pavilion • Evans Hall I Carleton College I Northfield, MN Complete interior renovation, roof and window replacement, and masonry repairs to the historic dormitory building • Fort Snelling Projects I St. Paul, MN Master plan, restorations (including roofs, windows, masonry, and steps), and assessments for nearly every building at the historic fort • Hennepin County NorthPoint Health & Wellness Center Expansion I Minneapolis, MN Master planning, programming, design, and community engagement for the expansion of the existing facility • Minneapolis Federal Office Building I Minneapolis, MN Design of an accessible entry, elevator modernization, Passport Office renovation, and multiple studies • Minnesota Historical Society Universal Design Study I Various Locations Analysis of multiple Minnesota Historical Society sites to identify accessibility concerns and create universal design standards that can be applied to all MHS locations • Reads Landing Schoolhouse I Reads Landing, MN Historic Structure Report and building restoration • Staples Depot Assessment, Reuse, and Restoration I Staples, MN Exterior restoration of the historic structure and interior renovations to improve downstairs historic waiting area and create second floor offices C 0 LLABORATIVE nesignGroup,i.. �l 3. Firm description and project team EXPERIENCE EDUCATION REGISTRATION HISTORIC PROJECTS Craig Milkert PE,LEEDAP Structural Engineer Throughout his career, Craig has been passionate about understanding how buildings work. He believes that a building is a working system of individual components, and that designers must understand how all components of a building affect each other in order to construct a long lasting and well per- forming building. He is the leader of the Building Science Group at CDG. This group of professionals performs investigations of building structures and exte- rior envelopes of all types of structures and building systems. 36 years University of Illinois, Bachelor of Science, Civil Engineering Professional Engineer, Minnesota #18260 LEED Accredited Professional Kasson Public School Historic Structure Report I Kasson, MN Todd County Courthouse Historic Structure Report and Restoration I Long Prairie, MN Marine on St. Croix Town Hall Historic Structure Report I Marine on St. Croix, MN Meighen Residence, Store, and Scale House HSR and Restoration Projects Forestville, MN • Historic Plummer House Facilities Master Plan I Rochester, MN • Armstrong House Relocation and Restoration St. Paul, MN Baudette Depot Assessment, Reuse, and Restoration Baudette, MN Blair House Exterior Assessment and Restoration St. Paul, MN Carleton College Campus Buildings Exterior Envelope Assessment Northfield, MN Coffman Memorial Union Condition Survey and Masonry Restoration University of Minnesota Minneapolis, MN Eddy Hall Building Forensic Assessment University of Minnesota Minneapolis, MN Education Sciences Building Renovation and Restoration University of Minnesota Minneapolis, MN Evans Hall Renovation and Restoration Carleton College Northfield, MN Forest History Center Siding Repair and Roof Replacements Grand Rapids, MN Fort Snelling Assessment and Restoration Projects St. Paul, MN Grand View Lodge Restoration Nisswa, MN Hennepin Avenue United Methodist Church Exterior Condition Assessment Minneapolis, MN Johnston Hall Exterior Envelope Assessment and Roof Replacement and Masonry Restoration Construction Documents Faribault, MN • Landmark Center Exterior Envelope Assessment and Roof and Masonry Restoration St. Paul, MN Lind Hall Renovation, Restoration, and Structural Modifications University of Minnesota Minneapolis, MN Midtown Exchange Assessment, Reuse, and Restoration Minneapolis, MN • Milaca Museum Condition Assessment and Restoration Milaca, MN • Robbinsdale Historic Library Condition Assessment Robbinsdale, MN Shoddy Mill and Warehouse Relocation I Stillwater, MN Split Rock Lighthouse Assessment and Restoration Two Harbors, MN IN Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal Historic Assessment Expertise CDG has provided assessment, reuse, restoration, and renovation services for some of the most no- table historic structures throughout the State. Our experience includes: 225 N Sibley Assessment Anoka Amphitheater Assessment Armstrong Hall Forensic Study Armstrong House Assessment, Restoration, & Move Baker Schmitt House Assessment & Reuse Study Baudette Depot Assessment & Reuse Black Building National Register Nomination & Tax Credits Blair House Condition Survey & Preservation Plan Brakemeier Creamery Assessment & Reuse Study The Burch Assessment, Reuse, & Addition • Burton Hall Study & Remodel • Christian Family Residence HSR Church of St. Rose of Lima Assessment Coffman Union Condition Survey & Rehabilitation Commodore Condominiums Rehabilitation Plan Comstock House Plaster Failure Study Eidem House Structural Assessment Enger Tower Assessment & Restoration Forest History Center Assessment & Restoration Fort Ridgely Powder Magazine Maintenance Manual Germanic American Institute Assessment & Cornice Restoration Grain Belt Sign Structural Assessment Grand View Lodge Assessment & Rehabilitation Hastings City Hall Assessment & Masonry Restoration Historic Overlook Assessments Houston County Courthouse Assessment & Restoration Houston County Historic Jail Reuse Study Jackson Street Water Tower Assessment Johnston Hall Assessment & Roof Replacement • Madison Downtown Historic Architectural Survey • Marine on St. Croix Village Hall HSR • Meighen Scale House HSR & Move Meighen Store & Residence Assessments & Restoration Minnesota Historical Society Universal Design Study Natural Resources Management Barn Assessment & Reuse Study Ogilvie Water Tower Assessment Old Main Steam Plant Renovation Perkins Leyden Congregational Church National Register Nomination Plummer House Facilities Master Plan & Water Tower Assessment Robbinsdale Library Assessment & Accessibility Upgrades Rossmor Building Reuse & Restoration Security State Bank of Dante National Register Nomination Shoddy Mill Study & Relocation Split Rock Lighthouse Assessment & Restoration Spring Park Depot Assessment St. Lawrence Rectory Condition Assessment Staples Depot Renovation Thorstein Veblen Farmstead Large Barn Assessment Todd County Courthouse Assessment & Renovation Traverse County Courthouse Assessment & Reuse Study White Bear Lake Armory HVAC Improvements Wirth Park Pavilion Restoration & Renovation COLIABORATIVEDesignGroup,ir . 4. Similar projects S Historic Structure Reports VARIOUS LOCATIONS Christian Family Residence The Christian Family Residence was constructed in 1920 and now houses the Hennepin History Museum. CDG is completed an HSR for the building that not only looked at the history and current condition of the facility, but also included schematic floor plans and renderings for a potential addition and reorganization to help with future planning. Kasson Public School CDG completed an HSR for the Kasson Public School, which includes a detailed history of the property, historic and current photos, and a discussion of the condition of all building elements. Prior to the HSR, CDG provided a structural assessment to look at a roof collapsed roof, then designed repairs to this im- pacted roof area. Marine on St. Croix Village Hall Using site visits and study of historic archives, CDG provided a report for the 1888 building that de- tailed its condition and historical importance. Problem areas were identified and their causes were explained in detail so that appro- priate restoration could be undertaken. Meighen Scale House The Scale House was built in the 1880s and was previously located on the Meighen Farm in Historic Forestville, but was relocated to a working farm in 1958. CDG was retained by the Minnesota Historical Society to provide a Historic Structure Report to understand the condition of the structure and to develop plans to relocate it to its original setting. Reads Landing Schoolhouse CDG provided a detailed analysis of the entire interior and exterior of the 1870 building, specifically highlighting problem areas and prioritizing necessary repairs. Rec- ommendations were sensitive to the historic design, as well as the time and fiscal constraints of the Historical Society. CDG has also provided design for window replacement and masonry restoration projects for the building. Todd County Courthouse CDG completed a report that identi- fied the condition and history of the 1883 Courthouse to deter- mine if it could be realistically renovated for new County uses. The report revealed that the building could be reused and a separate Countywide departmental analysis determined that the County would benefit from additional space and a reorgani- zation. CDG designed the subsequent building restoration and complete renovation. Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal Garrison Overlook Assessment GARRISON, MINNESOTA The Minnesota Department of Transportation commissioned CDG to conduct investigations of the condition of the Garrison Overlook, as well as three other C.C.C.-built historic scenic overlooks located throughout the State. The overlooks are linked by the Minnesota De- partment of Highways and Federal Relief Program that created them. As part of the project, CDG staff investigated how the structures were built, how they are currently function- ing, and how they functioned in the past through archival research and review; on -site intensive site visits; and select materials testing. A report was developed for each site and formal a presentation and recom- mendation were given to MN/DOT staff to aid in the preservation and restoration of the resources. COI l ABORATIVE DeSigflGT011p,Ac. 4. Similar projects Arcola Mills Assessment STILLWATER, MINNESOTA Originally constructed in 1847, the Arcola Mill was rebuilt in 1856 and ex- panded three years later. In the 1950s, remains of the limestone founda- tion were used to construct a cabin, which has since fallen into disrepair. The Mill is listed in the National Register of Historic Places due to its asso- ciation with lumbering and the early development of Minnesota. While much of the Arcola Mills mansion and grounds have been modernized and restored, the Arcola Mills Historic Foundation decided they would like to shift focus to the original lumber mill. CDG is currently work- ing with the Foundation to assess the condition of the remains of the historic mill and determine which parts of the current structure are historically relevant. The report will be used to help the Organization in an overall master planning effort for the site with the goal of improving the way they educate students and site visitors. Historic Structure Report for th¢well Park Pavilion and Levee Wall Propoa. Plummer House and Site Assessment ROCHESTER, MINNESOTA Completed in 1924, the Dr. Henry S. Plummer's House served as a private residence until 1968, when Daisy Plummer gave the property and its buildings to the Rochester Art Center. The City has since as- sumed ownership and maintains the property for use as a museum and event space. Collaborative Design Group was retained to upgrade the interior heating and cooling systems to more closely align with the standards for museum environments. The existing heating system was hot water and the boiler in use was original to the construction of the house. Upon inspection, it was determined that the boiler was well beyond its life expectancy. CDG assisted the City with the historically sensitive installation of a geothermal system to heat and cool the house. CDG recently completed a master plan and assessment for the entire Plummer site, which encompasses all structures, including the main House and other buildings, as well as paths, stone retaining walls, and steps located throughout the property. The team worked with site staff and the City of Rochester, and the result- ing plan will drive the future restoration and uses of the property. CDG also completed an independent, in-depth assessment of the historic stone water tower located on the property. The report details the history and significance of the tower and discusses the condition of the structure, masonry, and other elements; CDG is currently provide design for the historic restoration of the water tower. 4 COLLABORATIVE nesignGroup,i . 4. Similar projects Enger Pavilion and Park Projects DULUTH, MINNESOTA Collaborative Design Group was retained by City of Duluth to develop a Master Plan for the park and restoration of the historic Enger Tower. Funded by a Centennial grant from Rotary International, the restoration included a dynamic new LED -lighting program that allows programma- ble, color -changing lighting of the interior and exterior of the structure. CDG also designed a new timber -framed Gazebo overlooking the City of Duluth. Upon completion of the gazebo, CDG designed the restoration of the Park's historic pavilion and restroom building, a project that included a new Rotary International mosaic to honor the organization for their investment in the park. These projects represent the first in a series of buildings being designed to energize and activate the Park for gen- erations to come. Future projects in the Master Plan include design of a new guard station, picnic shelter, and site improvements. Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal Lowell Park Collaborative Design Group worked with the City of Stillwater to design the restroom and maintenance building as part of their revitalization of Trailhead Building the water front area known as Lowell Park. The building recalls Stillwa- ter's past, tieing together the industrial buildings of the historic downtown STILLWATER, MINNESOTA 1 and the Victorian houses that grace the bluffs overlooking the park. The project provides park users with a restroom facility and storage space for maintenance personnel, as well as site and parking lot upgrades. 4 COLLABORATIVEnesignGroup,i.. 4. Similar projects REFERENCES Read's Landing Historic Structure Report and Restoration David Danckwart, Project Director (651) 343-7072 davidjdanckwart@aol.com Landmark Center Assessment and Restoration James Homolka, Senior Project Manager Ramsey County 121 7th Place East, Suite 2200 St. Paul, MN 55101 (651) 266-2793 james.homolka@co.ramsey.mn.us Houston County Historic Jail Reuse Study, Courthouse Assessment and Restoration Theressa Arrick-Kruger, HR Director Houston County Room 206 304 South Marshall St. Caledonia, MN 55921 (507) 725-5822 Theressa.Arrick-Kruger@co.houston.mn.us Historic Structure Report for the Lowell Park Pavilion and Levee Wall Proposal Collaborative Design Group's proposed not to exceed fee for the Stillwater Lowell Park Pavilion and Levee Wall Historic Structure Report is $13,750 as outlined below: Assessment and Project Kick -Off $ 3,400 Developmental History Condition Assessment Observations and Conclusions Recommendations and Cost Estimates Prepare Measured Drawings Expenses $ 3,400 $ 2,830 $ 1,770 $ 2,200 $ 150 Total $13,750 COLLABORATIVE nesignGroup,... Collaborative Design Group 125 Main Street SE Suite 240 Minneapolis, MN 55414 p 612.332.3654 f 612.332.3626 Contact: William Hickey bhickey©cdg-mn.com iliwater ' H E H: R T H P L A I E OF MINNESOTA CITY OF STILLWATER REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES Development of a Historic Structure Report for the Lowell Park Pavilion and Levee Wall Issue Date: November 20, 2019 Proposals Due: 12:00 p.m., December 6, 2019 TABLE OF CONTENTS 1) GENERAL INFORMATION i) Introduction ii) Site History 2) SCOPE OF WORK i) General Elements (a) Evaluation 1. Site and Structure History 2. Existing Conditions Assessment 3. Measured Drawings and Photographic Record (b) Preservation ii) Professional Standards iii) Schedule (1) Project Work Plan (2) Specific Tasks iv) Deliverables 3) PROPOSAL REQUIREMENTS i) Proposal Format (1) Required Proposal Contents (2) Fee Quotation (3) Optional Information ii) Proposal Process (1) Responder's Questions (2) Proposal Submission iii) Proposal Evaluation (1) Overview of Evaluation Methodology (2) Evaluation Criteria iv) Consultant Selection 4) REQUIRED CONTRACT TERMS AND CONDITIONS 5) RIGHTS RESERVED 6) CONCEPTUAL HSR OUTLINE Page 3 Page 3 Page 4 Page 4 Page 4 Page 4 Page 5 Page 5 Page 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 7 Page 7 Page 7 Page 7 Page 7 Page 8 Page 8 Page 8 Page 8 Page 8 Page 9 Page 10 RFP: Lowell Park Pavilion HSR, Page 2 GENERAL INFORMATION Introduction The City of Stillwater has been approached by Stillwater Sunrise Rotary with support from the Stillwater Noon Rotary to adopt the Lowell Park pavilion and portions of the area around it with the specific goal to consider making improvements in the future, including, but not limited to: installation of interpretative signage, installation of brick pavers, and making the pavilion more attractive in appearance. While the City conducted minor carpentry restoration and a complete painting of the pavilion in the early 2010s, there are no long-term plans for the structures and site which are subject to significant annual flooding. The City recognizes the significant and unique character of the site and structure and is committed to ensuring it will be enjoyed by future generations. Therefore, the City has determined the development of an HSR is a vital component to understanding the needs and appropriate treatment methods for the site. The HSR is to serve as a tool for a long-term, public -private partnership between the City and its local civic organizations dedication to the preservation of this treasured local icon. The City of Stillwater (City) has been awarded a Minnesota Historical Society (MNHS) Historical and Cultural Heritage Grant (Grant) for the development of a Historic Structure Report (HSR) for the Lowell Park Pavilion, Sam Bloomer Way and the Army Corps of Engineers levee wall. A total of $15,000 is available to conduct this work. Site History Settled on the banks of the St. Croix River, Stillwater was best known as being the center of the region's lumbering industry with pre-1900 industry situated itself along the riverfront. With the railroad cutting people off from the river, Stillwater's lumbering and manufacturing riverfront became a wasteland. During the 1890s and 1900s City Beautiful Movement era, the area became a focus of local civic leaders who, with the help of prominent hotelier Elmore Lowell, acquired a portion of the riverfront for the creation of a community park in 1911. Early Lowell Park improvements included a concrete bench -wall overlooking the river as well as a levee wall, designed to accommodate river boat patrons, and a stone wall at the river's edge. In 1916 the City of Stillwater Parks Board acquire land north of Chestnut Street to extend Lowell Park further along the riverfront. The City hired Minneapolis -based Morell & Nichols, a well-known landscape architecture and engineering firm to design the north side of Lowell Park which included raising and grading the elevation. The park expansion included formal, sunken gardens and walking paths and, though originally planned to be a floating dock and canoe house, a 1923-constructed pavilion. A Works Progress Administration (WPA) project necessitated by rising river levels from the Red Wing Dam, a levee was built through all of Lowell Park. The Pavilion was rebuilt with a modified design though was returned to its original design as part of a 1984 rehabilitation project. While a 1992 planning study determined certain improvements and alterations to the pavilion, no significant changes have occurred to the structures in this area despite reconstruction of the levee walls in the mid-1990s and mid-2000s by the Army Corps of Engineers. RFP: Lowell Park Pavilion HSR, Page 3 Both the Pavilion and levee wall structures have been designated as contributing to the Stillwater Commercial Historic District. The National Register submission indicates "Lowell Park stretches along the St. Croix River with a concrete levee along the river's edge, a drive, green grass, flower beds and trees, picnic tables, and a craftsman style open-air lattice work pavilion with a hipped roof and concrete foundation. There are two contributing structures on this site: the pavilion (ca. 1916) and the concrete levee (pre-1940); the park is one contributing site". SCOPE OF WORK General Elements While the HSR will include detailed information about the Lowell Park Pavilion, levee wall and portions of Sam Bloom Way, the primary focus is on the Pavilion structure. Information requested in the Evaluation and Preservation sections, below, shall be presented in the HSR according to the attached HSR Outline. EVALUATION Site and Structure History: The HSR will assess existing research and archival documentation. References should be made and appendices attached of any significant additional resources that reference unique historical data. This section need not be large but the final report will need to include: ■ The history of the building and site, to include the original construction and later modifications; ■ Historic plans, images and photographs. Existing Conditions Assessment: The existing conditions assessment will examine the existing conditions, including the identification of any changes or alterations of the materials, architectural features, finishes and structural system and identify deficiencies. Three components of this section will be required: 1. Description of the element, feature or space. Identification shall indicate whether the element, feature, or space is original, historic or non -historic and then provide a detailed description of what it is, what it looks like, and the materials from which it is made, and the methods used in its condition. 2. Condition evaluation. This shall include the evaluation of the condition of each feature, element, or space, including a detailed discussion of the existing condition and integrity. The condition evaluation must include photographic documentation to illustrate the condition. The consultant may engage in non -intrusive as well as intrusive testing. All plans for intrusive testing must be submitted to the City for approval, prior to undertaking such testing procedures. As part of the condition evaluation, the City would like the selected consultant's analysis of the impact, regular, seasonal and/or non -seasonal flooding and rising water levels may have on the pavilion's features, elements, and spaces. Please use the following terms in condition evaluation and discussion: RFP: Lowell Park Pavilion HSR, Page 4 Term Criteria Good 1. Intact, structurally sound, and performing its intended purpose 2. There are few of no cosmetic imperfections. 3. It need no repair and only minor or routine maintenance Fair 1. There are early signs of wear, failure, or deterioration, although the feature or element is generally structurally sound and performing its intended purpose. 2. There is failure of a sub -component of the feature or element. 3. Replacement of up to 25% of the feature or element is required. 4. Replacement of a defective sub -component of the feature or element is required. Poor 1. It is no longer performing its intended purpose. 2. It is missing. 3. It shows signs of imminent failure or breakdown. 4. Deterioration/damage affects more than 25% of the feature/element and cannot be adjusted or repaired. 5. It requires major repair or replacement. Please note: When an element, feature, or space is in fair or poor condition, it is important to provide a comprehensive discussion of this evaluation; do not simply state that the condition is "fair" without explaining that evaluation. Also, please avoid using generic descriptors such as "weathered" or "damaged" without a more specific explanation (e.g. how/why is it weathered/damaged). 3. Proposed treatments. Certain treatments have been discussed for the Lowell Park Pavilion. These would include, but not inherently be limited to, painting the structure a different color, installation of brick pavers on Sam Bloomer Way and/or the levee walking areas, and the installation of signage including interpretative signage. The consultant will evaluate the appropriateness of alterations to the site. Measured Drawings and Photographic Record: This section will visually document the existing conditions of the structure. Measured as -built drawings and photographs must adhere to The Secretary of the Interior's Standards for Architectural and Engineering Documentation. PRESERVATION The Preservation section of the HSR will provide recommendations for each element, feature or space, prioritize the recommendations, and provide an estimate of probable costs if work must be performed by licensed contractors. If work may be conducted by a volunteer crew under the direction of and supervised by the City and/or its representative, the consultant shall note this in this section. The HSR will provide a treatment plan for any work that is needed. This will include repair, replacement, restoration and/or maintenance treatment for the structure's materials, finishes, and features. Recommendations must be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, consider the potential impact of recommended treatments, and avoid significantly altering the property's historic character and context. Recommendations will be based on (1) the RFP: Lowell Park Pavilion HSR, Page 5 evaluation of existing conditions and (2) the significance or importance of the associated features and elements. The recommendations shall prioritize the work into a logical order. This order should rank the most urgent work, such as such as deterioration, structural weakness, and/or life safety issues, over less urgent repairs. If work is to be completed in more than one phase, propose a logical and sequential phasing plan. Phased plans need to consider mobilization, seasons, sequencing, and protection of building. Professional Standards The HSA must: 1. Be prepared by an architect or a structural engineer able to interpret and apply the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. 2. Be based on The Preparation and Use of Historic Structure Reports, Preservation Brief 43. 3. The Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation. Schedule PROJECT WORK PLAN Completion should be within six (6) months of start date. If proposing a longer schedule, please explain rationale. If seasonal or non -seasonal flooding prevents the work from being completed on schedule, the City may be willing to extend contract terms; however, the completed product must be submitted, as per the terms outlined in this document, no later than June 1, 2020. SPECIFIC TASKS The consultant will conduct at least one meeting with the City of Stillwater staff and members of the local Rotary groups. Deliverables One electronic copy of a Historic Structure Report, to be submitted in ".pdf" format for review at 60% and 90% completion for review and comment; reviews shall occur within two weeks of submittal. The final deliverable Historic Structure Report will need to include all of the information noted above, with footnotes/endnotes, a bibliography, and appendices that contain historic documentation and technical data. Final submittal will need to include five hard copies and one electronic copy in ".pdf" format. PROPOSAL REQUIREMENTS Proposal Format REQUIRED PROPOSAL CONTENTS 1. A written description outlining understanding of the project and the services requested under this RFP. RFP: Lowell Park Pavilion HSR, Page 6 2. Develop a Project Work Plan and schedule for the proposal in accordance with the Scope of Work outlined above. a. Within the schedule, identify the anticipated site visits anticipated to occur. One such site visit will include a brief stake -holder kick-off meeting to hear site improvements potentially desired by the project stakeholders. b. The Project Work Plan shall explain any assumptions and constraints of the project. 3. Description of the firm and the qualifications and experience of the assigned project team. a. Describe all proposed subcontracting activities, including the full legal name and address of proposed subcontractors, the type of work they will perform, and the percentage of the total work that they will perform 4. Identify similar projects completed by the consultant or consulting team, including contacts that can be used for reference. Citations and links should be provided in the actual proposal. FEE QUOTATION 1. Submit a fee proposal, which includes your firm's "not to exceed" fee for the total project. The consultant shall provide a separate cost for each product. The quoted fee shall include estimated reimbursable fees. The quoted fee shall also include sales tax, if applicable, and provide the detail. 2. Signature of authorized firm negotiator/expeditor. OPTIONAL INFORMATION Include any other information that may be pertinent, but not specifically asked for elsewhere. Proposal Process RESPONDER'S QUESTIONS The Stillwater staff member listed below will be the contact for all inquiries related to this RFP. All questions or requests for information should be sent by email to: Abbi Jo Wittman, City Planner, awittman@ci.stillwater.mn.us All inquiries received by email before 12:00 pm (noon) on November 27, 2019, will receive responses. Responses which involve an interpretation or change to this RFP will be issued by addendum, e-mailed to all parties recorded by Stillwater as having received a copy of this RFP or those who have notified the City of Stillwater of their obtaining of the RFP. All such addenda issued by Stillwater shall be considered part of the RFP. Any addenda will be issued in writing by email by 12:00 pm (noon) on December 2, 2019. Only additional information provided by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. PROPOSAL SUBMISSION To be considered, each firm must email one complete pdf copy of their proposal. The subject line of the email is to be: "Lowell Park Pavilion HSR Proposal". Email the proposal to Abbi Jo Wittman (awittman@ci.stillwater.mn.us). RFP: Lowell Park Pavilion HSR, Page 7 All proposals must be emailed by 12:00 PM, Friday, December 6, 2019. Proposals sent after that time will not be considered. Proposal Evaluation EVALUATION COMMITTEE In addition to City of Stillwater staff, at least one member of each of the Stillwater Rotary groups will serve on the evaluation committee. EVALUATION METHODOLOGY The proposal selected for award of the contract will not necessarily be the lowest cost. Rather, the selection will be based upon the proposal that is most responsive, responsible and the most advantageous to the City. The City intends to award a contract, subject to the terms of this RFP, to the consultant that offers the best overall value. Proposals will be evaluated based on past experience and performance, current performance capability, fees and other criteria as outlined in this document. EVALUATION CRITERIA Proposals will be evaluated by the City on the following: Qualifications ■ Consulting experiences with similar types of projects. ■ Demonstrated understanding of the Scope of Work. ■ Work experience and educational background of assigned staff members and their direct knowledge/experience specific to the Scope of Work. Proposed Project Work Plan ■ Overall content and concept. Cost ■ Overall cost, including reimbursable expenses and the ability to produce the final products within the budget limitations identified in this RFP. Time Schedule ■ Ability to comply with the proposed time schedule for the project. Consultant Selection The Evaluation Committee shall make recommendation to the Stillwater City Council who will select the consultant; section and contract approval shall occur no later than December 17, 2019. REQUIRED CONTRACT TERMS AND CONDITIONS A. The City, or members thereof, is/are not liable for any cost incurred by Responders in the preparation and production of a Proposal. Any work performed prior to the issuance of a fully executed contract will be done only to the extent the Responder voluntarily assumes risk of non-payment. B. All materials produced by the consultant during the course of the project will be owned by the City of Stillwater. RFP: Lowell Park Pavilion HSR, Page 8 C. The contents of this RFP and, by reference, the proposal will become a part of any subsequent formal agreement if a contract ensues. D. All information in a proposal, except fee quotation, is subject to disclosure under the provisions of Minnesota Statute Chapter 13 "Minnesota Government Data Practices Act". E. The consultant acknowledges that in the hiring of common or skilled labor for the performance of any work on the project that no contractor, material supplier or vendor shall, by reason of race, creed, color, religion, national original, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or ago, discriminate against any person or person who are citizens of the United States, or resident aliens, who are qualified and available to perform the work to which the employment relates. F. No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in previous section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, color, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age. G. The consultant agrees any publicity releases, informational brochures, publications, studies, reports, presentations, files, audio visual materials, exhibits, or other material prepared with grant assistance will contain the following acknowledgement: "This project has been financed in part with funds provided by the State of Minnesota from the Arts and Cultural Heritage Fund through the Minnesota Historical Society." RIGHTS RESERVED A. Reject any and all Proposals received in response to this RFP; B. Disqualify any Responder whose conduct or Proposal fails to conform to the requirements of this RFP; C. Waive any technicalities, informalities, or irregularities in any proposal at its sole option and discretion; D. To request clarification or additional information; E. Have unlimited rights to duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal; F. Select for contract or for negotiations a Proposal other than that with the lowest cost; G. Negotiate as to any aspect of the Proposal with any Responder and negotiate with more than one Responder at the same time, including asking for Responders' "Best and Final" offers as to price, technical provisions, or both; H. To award a contract or to re -solicit proposals; I. Cancel the Request for Proposal at any time and for any reason with no cost or penalty to the City or members thereof RFP: Lowell Park Pavilion HSR, Page 9 ATTACHMENT: CONCEPTUAL HSR OUTLINE Conceptual HSR Outline Cover Page Table of Contents Introduction, Location and Setting History Floor Plan and Elevations Conditions Assessment Condition Evaluation Recommendations Maintenance Plan Photos/Illustration Appendices RFP: Lowell Park Pavilion HSR, Page 10 iliwater ft The Birthplace of Minnesota CITY OF STILLWATER LOWELL PARK PAVILION AND LEVEE WALL H.S.R. REQUEST FOR PROPOSALS ADDENDA November 27, 2019 INQUIRY RESPONSE Site Boundary Please provide extents of the site elements of the project, specifically Sam Bloomer Way and the `Levee Wall'. On the north the project boundary would extend to that point where Sam Bloomer Way ends. From that point, to the east, the boundary extends to the river and follows the river on the eastern side. The southern boundary would be (at least) the southern stairway set located (approximately) 30' from the Pavilion. The western boundary would be the westernmost edge of the levee wall structure. Stakeholders Please confirm/clarify the Stakeholders on this project- i.e. who in particular will be reviewing aspects and/or participating in recommendations/maintenance plans. Members of local Rotary groups and city staff will be reviewing the proposals and making recommendation to the City Council for final contract approval. City staff and members of the local Rotary groups will review the 60% and 90% completed plans. The 60% review will be submitted to the Minnesota Historical Society for review and comment. The City may send the 60% plans to the State Historic Preservation Office as a courtesy review. Timeline Is there a particular reason for this short timeline? Would there be any consideration in extending the submittal date out another week or so? The reason for the timeline is the City needs to encumber 2019 budget funds in 2019 or else lose the funding for this project. The City Council's last 2019 meeting is on December 17; this is the last opportunity to enter into a contract for the project. Will the City consider extending the final deliverable date June 1, 2020 considering thorough access to the foundation inspection/assessments? The City will consider extending the deadline after the contract has been executed but only after it has been determined additional time is needed due to flooding in the area. Available City Documents Do any of the original Morel & Nichols documents exist in City files? Do any documents exist from previous City/Army COE renovations to the gazebo and/or levee wall (1984, 1992, 2010s others?). City staff is not aware of any original documents. However, various park plans, riverfront maps, and engineering project plans have been identified. They are available for download by clicking here. Flooding The annual flooding and the rising water levels are critical to the evaluation and the final The City has not begun working with any firm or agency to address the issue of annual flooding and rising water levels nor has the City begun a process to define City of Stillwater Historic Structure Report Request for Proposals Addendum, Page 1 iliwater ft The Birthplace of Minnesota recommendations for HSR. Who is the City of Stillwater working with to address the issue and where in the process are we as a community to define the 'new normal' or Sunny Day Flooding design standards? the 'new normal' or Sunny Day Flooding design standard. City of Stillwater Historic Structure Report Request for Proposals Addendum, Page 2 Administration Date: December 13, 2019 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: New Tobacco License for Brian's DISCUSSION: An application for a new tobacco license has been received from Two Brian's, LLC for Brian's located at 219 Main Street S. They would like to sell tobacco products behind their bar. Tobacco sales are classified as general retail; as an accessory use and is a permitted use for this location. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building and Finance Departments. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution Approving New Tobacco License for Two Brians, LLC, Dba: Brian's contingent upon the satisfactory investigations and inspections from Police, Fire, Building and Finance Departments. APPROVING NEW TOBACCO LICENSE TO TWO BRIAN'S, LLC FOR BRIAN'S WHEREAS, a request has been received from Two Brian's, LLC for a new tobacco license for Brian's located at 219 Main Street S; and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Tobacco license, the satisfactory investigation, inspections, and approvals from the Police, Fire, Building and Finance Departments. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the issuance of a new tobacco license for Two Brian's LLC for Brian's at 219 Main Street S, Stillwater, MN. Adopted by Council this 17th day of December 2019. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: December 13, 2019 SUBJECT: 2019 Neal Avenue Improvement Project Project 2019-08 DISCUSSION The public hearing for the 2019 Neal Avenue Improvement Project is scheduled for Tuesday, December 17th at 7:00 pm. Attached is a copy of the feasibility report, the public hearing notice sent to the affected property owners and a copy of the preliminary assessment roll. RECOMMENDATION It is recommended that Council hold the required public hearing. If desired, Council should pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. It should be noted that the resolution to order the improvement requires a 4/5tns majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2019- ORDERING IMPROVEMENT AND PREPARING OF PLANS AND SPECIFICATIONS FOR THE 2019 NEAL AVENUE IMPROVEMENT PROJECT (PROJECT 2019-08). ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2019 NEAL AVENUE IMPROVEMENT PROJECT (PROJECT 2019-08) WHEREAS, a resolution of the City Council adopted on May 21, 2019 fixed a date for a council hearing on the proposed 2019 Neal Avenue Improvement project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 17th day of December 2019, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 17th of December 2019. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 17th day of December 2019. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk I Ilwater THE BIRTHPLACE OF MINNESOTA November 27, 2019 Subject: Public Hearing on Neal Avenue Improvements (Project 2019-08) Dear Property Owner: The feasibility study for the Neal Avenue Improvement Project was presented and approved at the November 19th City Council meeting. You are being notified since your property is included in the project. This is to inform you that the public hearing for the project will be held in the Council Chambers on Tuesday, December 17, 2019 at 7:00 pm. An official notice for the public hearing meeting is enclosed. The public hearing is your opportunity to voice your comments prior to Council making a final decision on whether to proceed with this project. You may participate in the hearing by attending and voicing your comments or by sending a letter to the Council prior to the meeting. A copy of the feasibility report is enclosed and updates on the project will be available on the City website at www.stillwater.mn.us/eonstructionprojects. There is also a link on the city website where you can register to receive email updates throughout the project. If you have any questions, please give me a call (651) 430-8834 or send me an email to rabdullah@ci.stillwater.mn.us Sincerely. eletahioack Reabar Abdullah, PE Assistant City Engineer CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE:651-430-8800 • WERSITE: www.ci.stiilwater,mn.us i11water THE BIRTHPLACE OF MINNESOTA NOTICE OF PUBLIC HEARING FOR NEAL AVENUE IMPROVEMENT PROJECT PROJECT 2019-08 November 20, 2019 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 4`h Street N, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, December 17, 2019, to consider street improvements. The area proposed to be assessed for such improvement is properties abutting Neal Avenue from Boutwell Road to White Pine Way. The estimated cost of the improvements is $1,854,788. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Beth Wolf City Clerk Published in Stillwater Gazette on December 6 and 13, 2019. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: November 15, 2019 RE: Feasibility Study for Neal Ave. Improvement Project Project No. 2019-08 INTRODUCTION On May 21 st of 2019, council authorized a feasibility study for Neal Avenue Improvement Project from Boutwell Road to White Pine Way (Fig.1 shows the proposed area). The total length of the project is 0.8 miles. Reconstruction of Neal Avenue from Boutwell Road to McKusick Road was considered for street improvements back in 2016. 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. For the project in 2020, it is proposed to improve Neal Avenue from Boutwell Road to White Pine Way. The proposed project would consist of reconstructing Neal Avenue from Boutwell Road to Mckusick Road and do a mill and overlay from Mckusick Road to White Pine Way. The entire length of Neal Avenue is proposed to have a trail added on the east side of the road. EXISTING CONDITIONS: Neal Avenue was constructed over a period of years. The street is designated as a State Aid Street, the existing conditions can be summarized as; a) Neal Avenue between Boutwell Road and Browns Creek Trail was last improved in the 1970's and 1980's. The road is in poor condition and had a number of pothole repairs in the past few years. The existing road is 24 feet wide and is a rural section with no concrete curb or gutter. The existing pavement is 4" thick and has about 4" of aggregate base. There is existing sewer and watermain along Neal Avenue with the exception of 750 feet north of Boutwell Road. b) Neal Avenue between Browns Creek Trail and McKusick Road was last constructed in 1992 with the reconstruction of McKusick Road The road was constructed with 4" Bitumonous pavement and 6" of aggregate base, however it is 42 feet wide and there is only about 150 feet of concrete curb and gutter on the east side of the road from McKusick road south and the rest of this portion of this road has no concrete curb and gutter. The pavement is in poor condition, it has many cracks and the edges are deteriorating and braking off. c) Neal Avenue between Mckusick Road and White Pine Way was constructed in 1992, and built to State Aid Standards (designed as 9 Ton Road, 30 feet wide with 4" of pavement, 6" of aggregate base, and concrete curb and gutter), the street is structurally sound and the curb is in good condition. PROPOSED PROJECT a) Neal Ave. Boutwell to Browns Creek Trail: This section of Neal Avenue would have all the pavement removed and the street section reconstructed. New watermain, and sanitary sewer would be installed in the street to provide service to the properties that do not have access to city utilities (Fig 2 shows the proposed utility extensions). 8" Sanitary Sewer pipe and 12" watermain pipe would be extended south Boutwell Road and existing and stop in front of 8005 Neal Avenue property. The Street would be constructed to State Aid Standards of 10 Ton Design with 5" of bituminous pavement and 8" of aggregate base, the street would be 26 feet wide with concrete curb and gutter, the section between Eagle Ridge Trail and Browns Creek Trail would be 32 feet wide and would provide parking along the east side of the road. A storm sewer collection system would be added to the street. b) Neal Ave. Browns Creek Trail to McKusick Road: This section of the Road would have the pavement reclaimed and reused as part of the project. The street would be construct to State Aid Standards of 10 Ton Design with 5" of bituminous pavement and 8" of aggregate base, the street would narrowed from 42 feet to 32 feet wide with concrete curb and gutter to provide parking along the west side of the road. Storm sewer would be added and would be tied to the existing underground storm sewer system north of the Browns Creek Trail parking lot. c) Neal Ave. McKusick Road to White Pine Way: This section of the road would have the top 1.5" of pavement milled and overlaid. Any damaged concrete curb and gutter would be removed and replaced. An eight foot trail would be constructed on the east side of the street from McKusick Road to the south line of the Ponds of Heifort Hills Development. d) A new eight foot trail would be constructed on the east side of Neal Avenue from Boutwell Road to the south line of the Ponds of Heifort Hills Development. The trail would have 3" of bituminous and 4" of aggregate base. The trail would connect the existing trails on Boutwell Road, Browns Creek trail, the trail on McKusick Road, and the trail along Neal Avenue from the south line of The Ponds of Heifort Hills to TH 96. e) Storm water collection and treatment would have to be designed and implemented as part of Browns Creek Watershed District rules to control and treat storm water. PROJECT COST AND FUNDING The total estimated cost of the project is $1,854,788. The total includes design, surveying, inspection, administration, and contingencies. The cost of the project would be funded through City Funds, assessments, Traffic Adequacy fund, Storm water utility funds, Municipal State Aid funds, and Stillwater funds. Cost of each segment of project is listed below. A. Neal Ave. - Boutwell to Browns Creek Trail:- $1,276,090 a) Street construction cost $885,877 b) Sewer and watermain $137,712 c) Sewer and water services $40,491 d) Storm sewer cost $212,008 B. Neal Ave. - Browns Creek Trail to McKusick Road:- $162,944 C. Neal Ave. - McKusick Road to White Pine Way:- $37,817 D. Trail construction -Boutwell Road to White Pine Way - $ 117,937 E. Storm water storage and treatment - $260,000 According to the City Assessment Policy, State Aid Roads are assessed at 50% to the property owner, and new utilities are assessed at 100% to the property owners (Fig. #3 shows the assessed properties). It is proposed that all properties be assessed by the unit method. Corner lots are assessed 1/2 unit per side improved. Summary of Assessments and costs listed below Cost Assessment Rate Linear foot Rate Unit Assessment # of units Assessed Cost City Cost Neal Ave McKusick to White Pine Way $37,817 50% $10 $2,000 1.5 $3,000 $34,817 Neal Ave Browns Creek Trail to McKusick road $162,944 50% $21 $6,500 0.5 $3,250 $159,694 Neal Ave Boutwell Rd to Browns Creek Trail $1,097,883 50% $109 $9,500 25 $237,500 $860,383 Watermain $92,517 100% $8,440 8 $67,517 $25,000 Sanitary Sewer $45,200 100% $5,650 8 $45,200 $0 Water Services $17,540 100% $1,754 10 $17,540 $0 Sanitary Sewer Service $22,950 100% $2,295 10 $22,950 $0 Storm Sewer Storage and Treatment $260,000 0 0 0 $260,000 Trail Construction $117,937 0 0 0 $117,937 TOTAL $1,854,788 $396,957 $1,457,831 There are several properties not being assessed, but are figured in to the assessed cost of the project. These include city properties, DNR property and 11 properties on Van Tassel Court, Heifort Court, and White Pine Court that have been or will be assessed for their street improvements (Fig. #4 shows properties not assessed) Funding Sources Funding Source Amount Assessment to Properties $396,957 Traffic Adequacy Fund $649,324 State Aid Funding $523,507 Storm water utility Fund $260,000 Water Board $25,000 PROPOSED PROJECT TIMELINE May 21, 2019 November 19, 2019 December 17, 2019 March 3, 2020 April 3, 2020 April 7, 2020 May — October 2020 October 2020 RECOMMENDATION Authorize Feasibility Study Presentation of Feasibility Study Public Hearing/Order Improvement Approve Plans and Specs/ Authorize bids Bid Opining Award Contract Construct Assessment Hearing Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the Neal Avenue Improvement Project and order a public hearing to be held on December 17, 2019 at 7:00 PM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2019- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON NEAL AVE. IMPROVEMENT PROJECT (PROJECT 2019-08) `fN r74 N 2 .y N i AG1G & ti 12720 Arm ORGAN AVE N =. 0 0 co co a, ,12744 380 12770 ' 12850 ti 8097 8087 8077 8060 8055 7 8045 '12724 C7 12764 7959 7879 0 7819 2418 6' VVj U U "—SSG-E 4 N N N.-{' .1 1 , N WRITE • cINE.WAY ! ij 0 .7 , til v, I {. 77 5. 0 it a: N r N ty..' i� N N 1800 �',1ij,8$% Vic, a'. A. Yam,.: C-1{iF.+, 1826 1d.;0 { ;� ',yp, 'ry — . ,4R, �a -"St 1 s$00 — 1780 ■ ' 852i3 "40 2412 '175 1200 2419 5 r V N 1128 11:?2 12840 1134 1116 111 1140 8400 8300 8270 0262 8260- r 7 ONO 8226 80 Is 2301 O en 'R. 1861 ` .,.1.0 sb , 19:3.5 u 1841 ,1821 0 . 1801 178E 1786 ,- 13U3y 8321 9313 236a 7[2 )3 8 196`7 n -'c p 1 .rT - 1L,. 1,15 `•tct4 'g1,1L ;Lw55 . 1955 1788 4985 1825 Outlot L 17.15 1 r 9,t p.1('.KUSICk COUNT`.' ROAD 64 13093 _5f1 ;E� i • `• 2361 {W '�- '✓ - 5 ''LR' ; r` rSF �� v 2345 i 7 2309 • `O 2317 ,., OR/�f 2337 232,9 nb .D .-5'' N N 8220 N N o m 2266 EAGLE 6IDC;E TF EAGLE RIDGE TRAIL 240C z nrn N N l N .O 4201 8160 N N 13147 1990 a , — 193, 191 195, GLEN 'y;GLENc T880 18.70. 1561 G 1847 4b 183 174-3 25 1 11f 1ritrAF Tut • 13 '238 1239 w 22 •32, 720 r^cKUSICI! ROAD' 14. 4Y Outlot H ickqe r,. • F .„+ tt, 1214 ti 12,,5 '2::1 C°� 2 7151 1i21 1202 1 03 ,��•.. ! .00 t, 12111 •11', > 1223 1 10 5 lido 1160 7 u 1191 0 o 0 n 2280 1108 r 1141 8120 N N N ti 2260 WALNUT CREEK DRIVE .1131 1102. JE' tr?C�`tJ 1190 1201 I11t, ..O C. 7171 (5 M 1024 C�� 11Q3 \ \C, 2 8090 N N N 117'-. \\'f A�5 '•'•O 1109 8075 1170 1008 I..., 1039 C� ^^CC 1107 Ul r 1'150 11,i„ _ '.•F 8040 8031 1130 1106' 1013 1104 n .11Q3 9 Q9 8005 .`1L t 9 794iU 906 . CJ 902 Q u 1095 ^rye / 1a7_ • ao, 712920 7940 998 12997 996 9114 995 985 cD N. 7979 7959 7939 7919 n,_ 1110 ' 136 1115 1003 1107 1025 10.27 1110 1191 10734 1'923 1015 1151 Street Construction MILL OVERLAY RECONSTRUCT 786 78 Feet 0 262.5 525 1,050 :t iwa c'r Figure 1: Project Site proposed water main proposed sanitary sewer Fig. #2 proposed utility extension N liwater THE IIITHPLACE OF MINNESOTA 12744 7959 7879 7819 , g,5 crt Frr 8 L117,1 2301 W19 T E PINE WAY ..,4it, co 1.860 . f KCP " : ! • 8226 8220 ! EAGLE RIDGE r 11 I I 1205 2401 201 also 1105 8120 8010 1111: t 03 111; 0°1°U 7 !1:7, ocjb 7959 ggia 12997 8'4 994 9-17) 5 9135 OLEN — 0." 1°75 1945 : - I— 1821 0 u_ 8313 2204 2 3 4:5 1801 COUNT, RoAt4 -64 28172325 :re; 2131' csi RI 220310 t7AGLE RIDGE TRAIL 2259 228(1 2209 3AL•J1j 8075 S031 12920 7940 6005 7 97 9 7939 7919 1201 91.'5 111:73 11.39 if,- :31 .• 11:15-INs 1108 1825 OutlOt L 12: 2127 12233 Cr, 13313 1:111 12p2 6-0 1201 .-111 1000 .1.e 1025 11.RQAO 4 t1K US Ir1( 1327,7 r 705 1015 160 1181.4 00001 H 7. 1 ! .23 11113 c_'02 gov 920 Street Construction Assessed Properties 73133 711 Feet 0 262.5 525 1,050 e Figure 3: Assessed Properties 12744 8097 8087 :'12724 12850 • 8055 w • 8045 • 12764 .e.g �` Y.._ wry . ri .w ;r 921, - "WHITE PINE WAY ,w R- �0., _' 1.R170e- 0tr5�1'" 198 11f± . 1,g75 19,5 1820 rl:? 1 • 1800 � 1801 x _ 1780, -1785 1765 , 178+, 8528 - 1745 4794 COUNTY ROAD .64 y� 8270 = 8262 ? 33171 ,vl. 0 12%9280 226 ..fir 234 ex '^] v 21; 1� w 37 D ' '13.:N `a,er^' ` 826�w '' " ... f '2400 8220 ¢ ` ^ ' N 2412 i94r, • �i N' N N 2266, EAGLE RIi11 iE -IN 9AGLE I'1111(5 f RAIL 2418 12120 1200 24i1l 2359 m 31 f^' -- ... 't'r-l111ti' Q �' V 2416 Z o o n 2280 7' o coa !14' 81;?0 N :'', ca N '2260 I)31 WALNUT CREEK DRIVE '140 12840 A 0 12997 996 7819 994 110" 8040 1105 1103 8000 to 7990 ▪ 1095 • /12920 7940 Q 1108 8075 117E 1008 7919 100"a 1825 Outlot L MCKUSICK 1105 , 1015 1200 w / 1201 >- 1180 w 1191' J T931 9 i :1051 GigN 1i101• 'l`y Y584 1879 1840-"5fG'. r;' <c •-N50 i84 182 Outlot H 1227 1241 . 1221 • a, 1180 1013 L'.0 30, ¢ a Street Construction 1171 1151 0735 Non Assessed Properties 802 786 J Feet 0 262.5 525 1,050 N Figure 4: Non Assessed Properties PRELIMINARY ASSESSMENT ROLL NEAL AVENUE IMPROVEMENT PROJECT PROJECT 2019-08, LI# GEO NAME STREET CITY Std Rate SA Rate Unit Reg. Unit SA Unit LF STREETS LINE SERVICES UTILITY SERVICES SIDEWALK CREDIT TOTAL ASMT PROPERTY ADDRESS LF 1903020140027 PATRICIA A GUSTAFSON REV TRS 2405 WHITE PINE WAY STILLWATER MN 55082 x 0.5 0.5 $3,000.00 $1,500.00 2405 WHITE PINE WAY 1903020140052 REICHOW JOSEPH & AYLSON 8528 NEAL AVE N STILLWATER MN 55082 x 0.5 0.5 $3,000.00 $1,500.00 8528 NEAL AVE N 1903020410001 CITY OF STILLWATER 216 4TH ST N PO BOX 242 STILLWATER MN 55082 x 1.0 1.0 655 $109.00 $71,395.00 1903020410009 ARONSON DAVID A & AMY J 8262 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8262 NEAL AVE N 1903020410010 WHITE ERIC W & LUCINDA Z 8270 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8270 NEAL AVE N 1903020410011 CITY OF STILLWATER 216 4TH ST N PO BOX 242 STILLWATER MN 55082 x 1.0 1.0 707 $21.00 $14,847.00 1903020440042 GAMRADT CHAD H & ANGEL 8226 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8226 NEAL AVE N 1903020440043 HARVEY DAVID S & TONI D 8220 NEAL AVE N STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 8220 NEAL AVE N 1903020440045 FELLING MICHAEL & SUSAN 8232 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8232 NEAL AVE N 1903020440046 KUEHN ROGER W 1835 NORTHWESTERN AVE S STILLWATER MN 55082 1.0 1.0 $9,500.00 $9,500.00 8260 NEAL AVE N 1903020440048 GIVAND JONATHAN E & JENNIFER J 2401 EAGLE RIDGE TRL STILLWATER MN 55082 x 0.5 1.0 $9,500.00 $9,500.00 2401 EAGLE RIDGE TRL 1903020440049 CHOINIERE JOHN L & REBECCA L 8160 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8160 NEAL AVE N 1903020440051 KOCHENDORFER STEPHEN & BARBARA 8080 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8080 NEAL AVE N 1903020440055 WAHLQUIST CRAIG D 7990 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $4,049.00 $13,549.00 8000 NEAL AVE N 1903020440056 TRS AGR RICHARD & CHERYL ROSS 8040 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $4,049.00 $13,549.00 8040 NEAL AVE N 1903020440059 LIVERMORE BRUCE W & LINDA J 8120 NEAL AVE STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8120 NEAL AVE N 2003020230009 LILLEMOEN MARK 1900 OAK GLEN TRL STILLWATER MN 55082 x 0.5 0.5 $3,000.00 1900 OAK GLEN TRL 2003020320004 HERRICK DANIELLE & WILLIAM RYAN 8321 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8321 NEAL AVE N 2003020320005 LEFTO JOCELYN C & JEFFRY T 1610 MCKUSICK LN STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8313 NEAL AVE N 2003020320006 HENSON FAMILY REV LIV TRS PO BOX 2185 STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 2364 VAN TASSEL DR 2003020320020 STATE OF MN DNR 500 LAFAYETTE RD ST PAUL MN 55155 x 1.0 1.0 417 $21.00 $8,757.00 2003020320021 ROONEY PATRICK & JODY 13033 MCKUSICK RD N STILLWATER MN 55082 x 0.5 0.5 $6,500.00 $3,250.00 13033 MCKUSICK RD N 2003020330007 JOHNSON RONALD N & PATRICIA L 2360 WALNUT CREEK DR STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 2360 WALNUT CREEK DR 2003020330018 WILLIAMS AMY E & LEE H III 2355 WALNUT CREEK DR W STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 2355 WALNUT CREEK DR 2003020330026 GALOWITZ KAREN & JEFF A 8075 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8075 NEAL AVE N 2003020330027 HAPNESS RALPH L & PAGLIARINI L 8031 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8031 NEAL AVE N 2003020330028 USTIPAK JON M 8005 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 8005 NEAL AVE N 2003020330045 WARHOL MATTHEW 2361 VAN TASSEL DR N STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 2361 VAN TASSEL DR 2003020330047 LUCKS JERRY D & JOANN L PO BOX 361 STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 2358 EAGLE RIDGE TRL 2003020330065 MCNEAL PATRICK C & GERTRUDE R 2359 EAGLE RIDGE TRL STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 2359 EAGLE RIDGE TRL 2903020220002 SCHANKERELI KEMAL 7979 NEAL AVE STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $12,853.00 $4,049.00 $26,402.00 7979 NEAL AVE N 2903020220003 ESKIERKA SUSAN L 7959 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $12,853.00 $4,049.00 $26,402.00 7959 NEAL AVE N 2903020220004 MCGRATH JAMES E TRS 7939 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $12,853.00 $4,049.00 $26,402.00 7939 NEAL AVE N 2903020220005 BYDLON DANIEL J & TAMMY J 7919 NEAL AVE N STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $4,750.00 7919 NEAL AVE N 3003020110005 OGBORN STEPHEN A & PATRICIA J 7940 NEAL AVE N STILLWATER MN 55082 x 0.5 0.5 $9,500.00 $12,853.00 $4,049.00 $21,652.00 7940 NEAL AVE N 3003020110021 WONDRA RICHARD P & SUZANN M 7970 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $12,853.00 $4,049.00 $26,402.00 7970 NEAL AVE N 3003020110038 WAHLQUIST CRAIG D 7990 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $9,500.00 $9,500.00 7990 NEAL AVE N 1 12/13/2019 RESOLUTION 2019- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE HIGH SCHOOL AT 1835 Northwestern Avenue CASE NO. 2019-58 WHEREAS, Paul Loomis, representing Chesterton Academy of the St. Croix Valley, submitted a request for a conditional use permit to operate a Catholic High School, grades 9 — 12, at 1835 Northwestern Avenue; on property legally described as follows: The South 126 feet of Lot 7, Block, 3, Feely's Addition, Washington County, Minnesota; and WHEREAS, the Planning Commission held a public hearing and reviewed the request for a conditional use permit for the school on November 27, 2019 and unanimously supported the location for the school; and WHEREAS, the City Council held a public hearing on the conditional use permit request on December 3, 2019 and found that with appropriate conditions the project would be compatible with the surrounding business neighborhood and would be consistent with City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the conditional use permit with the following conditions: 1. Use of the property shall be in substantial compliance with the plans on file with Community Development Department. (CPC Case No. 2019-58.) 2. Major modifications to any of the plans listed in Condition 1 must be reviewed and approved by the Planning Commission prior to implementation. 3. A Design Review permit must be submitted and approved by the Heritage Preservation Commission for any exterior alterations that exceed a total value of $10,000. 4. Prior to installation of new signs or sign faces, a sign permit application must be submitted and approved by the Community Development Department. 5. All student drop-offs and pick-ups must occur in the school's parking lot or at the front door to the school. And any queuing on Northwestern Avenue shall only occur on the eastern shoulder of the street. 6. The maximum gross floor area of the school is limited to 8,000 square feet. 7. Enrollment is limited to 200 students. But in no instance shall the school's maximum building occupancy exceed that which will be established by the City's Building Official when a building permit is submitted for the necessary remodeling. 8. Prior to exceeding an enrollment of 55 students, the school must submit a parking plan found satisfactory to the Planning Commission that shows sufficient parking through restrictions on student parking, lease agreements with abutting parking lot owners, or the construction of additional zoning code compliant on -site parking on the rear of the property. Also, prior to exceeding an enrollment of 55 students, a proof of parking plan must be submitted for the planned maximum of 200 students. 9. Prior to exceeding an enrollment of 55 students, the school must submit a plan for vehicle queuing that is found satisfactory to the Planning Commission. 10. Unless trash is kept inside until trash collection days, a trash storage enclosure must be built. It must be completely enclosed with building materials compatible with the principle structure. And, its location must be approved prior to construction by the City Planner. 11. All minor modifications to the plans shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the Planning Commission. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of December, 2019. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ORDINANCE NO. 1136 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ZONING CODE TO ALLOW SCHOOLS BY CONDITIONAL USE PERMIT IN THE BP -I ZONING DISTRICT The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. City of Stillwater City Code Sec 31-325, Allowable uses in the non-residential districts, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS Institutional CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS Educational institutions, schools CUP CUP SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this l 7th day of December, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk StIllr Administration TO: Mayor and Council Members FROM: Beth Wolf, City Clerk DATE: December 12, 2019 SUBJECT: Possible 2020 Meeting Schedule Each December, City Council reviews the meeting schedule for the next year for all City Council and the Boards & Commissions meetings changes/additions to the regular schedule with the exception of the Library and Water Boards. The meeting dates are then published after approval by Council. Attached is a draft meeting calendar for your review. The Library and Water Board meetings are included on the calendar as an FYI. RECOMMENDATION Staff recommends that Council consider the following dates be changed/added: Charter Commission - due to scheduling conflicts, 3 dates have been selected to occur on the 2nd Monday of the month instead of the 3rd Monday. They meetings will be April 13, September 14 and December 14, 2020. City Council - due to elections, budget meeting and an event, the following should be changed/added: Current Meeting Date Recommended Date Change Change March 3 - Presidential Primary Election February 25, 2020 at 4:30 pm and 7 pm Change August 4 - Night to Unite Event Tuesday, July 28, 2020 at 4:30 pm & 7 pm Add Meeting - Election Canvasing Board Friday, August 14, 2020 at 8 am Council must meet 3 days after a primary municipal election Change August 18 - 4:30 Budget Workshop Tuesday, August 18, 2020 at 3:30 pm Change November 3 - Election Day Tuesday, November 10, 2020 at 4:30 pm & 7 pm Council must meet between the 3rd and 10th day after a General Election Heritage Preservation Commission - due to the Minnesota Historic Preservation Conference being held in Stillwater September 16-18, the Commissions needs to change their September 16 meeting to September 22, 2020 at 7 pm. Human Rights Commission - change their January 29 meeting to attend a special event on Martin Luther King Day on January 20, 2020. Parks and Recreation Commission - due to Memorial Day, change their May 25 meeting to May 18, 2020 at 7 pm. Planning Commission - due to the closeness of the holidays, change November 25 and December 23 meetings to November 19 and December 17, 2020 at 7 pm. ACTION REQUIRED Review recommended meeting dates additions and changes and adopt a resolution adopting the 2020 City Council and Boards and Commissions Meeting Calendar. ADOPTION OF CITY COUNCIL AND BOARDS AND COMMISSIONS 2020 MEETING CALENDAR WHEREAS, Sec. 22-1. Council meetings of the City Charter states that the city council shall by resolution establish the time and date on which the regular meetings are to be held and may from time to time by resolution change the time and date of the regular meetings. NOW THEREFORE, the Stillwater City Council has adopted the attached City of Stillwater Meeting calendar for 2020. Adopted by the Stillwater City Council this 17th day of December, 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 2020 Meeting Calendar JANUARY Sun Mon Tues Wed Thurs Fri Sat 1 2 3 4 5 6 7* 8 9 10 11 12 13 16 17 18 19 20!I! 21 22 23 24 25 26 28 29 30 31 MARCH Sun Mon Tues Wed Thu Sat 1 2 3 4 5 6 7 8 9 0 10 11 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 Sun Mon Tues Wed Thurs Fri Sat 3 4 11 18 25 2 8 15 22 29 9 16 23 30 1 Sun 1 Mon 1 Tues Wed Thurs Fri Sat 2 3 4 9 23 10 17 24 11 18 25 Sun Mon 6 13 7 14 Tues 1* 8 15 W 2 3 4 Sat 5 9 10 11 12 16 17 18 19 25 26 NOVEMBER Sun Mon Tues Wed Thurs Fri Sat 2 3 4 5 6 7 29 9 16 30 13 20 14 21 City Council Mtg (7 pm; *4:30 & 7 pm; **3:30 & 7 pm) Canvassing Board Mtg (8 am) Charter Comm. Mtg (7 pm) Downtown Parking Comm. Mtg (8:30 am) Election Dates (polls open 7 am - 8 pm) Heritage Preservation Comm. Mtg (7 pm) Holiday -Office Closed (*1/2 day closed at noon) Human Rights Comm. Mtg (7 pm, Riverview Rm) Sun Mon Tues Wed Thurs Fri Sat Sun Mon Tues Wed Thurs Fri Sat 6 13 20 27 7 14 21 28 8 15 29 2* 16 23 30 3 4 5 w Sun 2 Mon 3 Tues 4 Wed 5 Thurs 6 Fri 7 Sat 8 9 16 23 30 10 17 31 11 18** 25 12 21 28 OCTOB Sun Mon Tues Wed 4 11 5 12 18 19 25 20 27 7 14 21 28 Thurs 1 15 22 29 Fri 2 Sat 3 9 16 10 17 23 24 30 31 V Sun 27 Mon Tues 29 Wed Thurs 3 10 -I 17 24* 31* Fri 4 11 18 25 Sat 5 12 19 26 - Jt Cable COMM (6 pm, 1492 Frontage Rd W) Library Board (7 pm, 224 3rd St N) Night to Unite (5 pm - 8 pm) Parks & Recreation Comm. Mtg (7 pm) Planning Comm. Mtg (7 pm) -Traffic Safety Review Comm. (5:30 pm, Riverview Rm) -Water Board (8:30 am, 204 3rd St N) Washington County BOARD AGENDA December 17, 2019 - 9:00 AM 1. 8:00 Personnel Committee 2. 9:00 Roll Call Pledge of Allegiance 3. 9:00 Comments from the Public Board of Commissioners Fran Miron, District 1 Stan Karwoski, Chair, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 4. 9:10 Consent Calendar - Roll Ca11 Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the November 26, 2019, and December 3, 2019, County Board meeting minutes. B. Adopt a resolution authorizing the County Administrator to sign the Master Subscriber Agreement for Minnesota Court Data Services. C. Adopt a resolution for delegation of authority to make electronic funds transfers to the Director of Accounting and Finance Department or their designee. D. Approve sub -grantee Agreement No. 13080 between the Salvation Army and Washington County in the amount of $113,504, for the period of October 22, 2019, through September 30, 2021, for the Family Homelessness Prevention and Assistance Program (FHPAP) funds and authorize its execution pursuant to Minn. Stat. 373.02. E. Approve the submission of public comments on the Metropolitan Council's Draft Public Transit and Human Services Transportation Coordination Plan. F. Approval of the revised and updated Post Employment Health Care Savings Plan (HCSP) for Confidential Supervisors. G. Adopt a resolution for a request from the Washington County Library to use $3,367.47 from the Jordan bequest for the purchase of a book drop for the Marine Community Library. 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 Washington County Consent Calendar continued H. Approve Election Services Joint Powers Agreement between Washington County and the City of Lakeland. I. Approve City Election Services Joint Powers Agreements between Washington County and the Cities of Forest Lake; Oakdale; Grant; Pine Springs; and Landfall. J. Approve School Election Services Joint Powers Agreements between Washington County and the School Districts of North St Paul -Maplewood -Oakdale 622; Forest Lake 831; Mahtomedi 832; South Washington County 833; and Stillwater 834. K. Adopt a resolution to accept the 2020 allocation and continue implementation of the state's aquatic invasive species prevention aid program. L. Approve Contract No. 13051 with Washington Conservation District in the amount of $260,000, for the period of January 1, 2020, through December 31, 2020, and authorize its execution pursuant to Minn Stat. 373.02. M. Approve Lease Agreement No. 13049 with Valley Tours, Inc. for office space at the Washington County Historic Courthouse, and authorize its execution pursuant to Minn Stat. 373.02. N. Award the bid to Metropolitan Mechanical Contractors, Inc. and authorize execution of Contract No. 13043 in the amount of $358,723.00 for the maintenance of building mechanical systems for the Stillwater campus and Historic Courthouse. O. Adopt a resolution of support for Washington County's application to the Federal Emergency Management Agency's Hazard Mitigation grant program to pursue funds for the purchase and installation of a tornado siren at Big Marine Park Reserve to serve park visitors and the Disabled Veterans Rest Camp in an amount up to, but not exceed, $27,578. P. Award the bid to and authorize execution of Contract No. 13056 in the amount of $157,568.90 with Sir Lines -A -Lot for ground -in pavement marking striping on various county highways within Washington County in 2020. Q. Approve Grant Agreement No. 13058 with the Minnesota Department of Public Safety in the amount of $90,000, for the period of January 1, 2020, through December 31, 2020, and authorize its execution pursuant to Minn. Stat. 373.02. R. Adopt a resolution to authorize the Washington County Sheriffs Office to accept a donation from Walmart in the amount of $2,000. 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 Washington County 5. 9:10 Administration - Molly O'Rourke, County Administrator A. 1. Approve a resolution certifying the property tax levy payable 2020 for Washington County. 2. Approve a resolution certifying the property tax levy payable 2020 for the Regional Rail Authority. 3. Approve a resolution adopting the Washington County 2020 budget. 4. Approve a resolution adopting the Regional Rail Authority 2020 budget. 5. Approve a resolution consenting to the property tax levy payable 2020 for the Washington County Community Development Agency. 6. 9:50 Human Resources - Angie Nalezny, Director, and Molly O'Rourke, County Administrator A. Receive direction from the County Board on filling the position of County Administrator as a result of the retirement of Molly O'Rourke, effective January 28, 2020. 7. 10:05 Public Hearings - Larry Phillips, County Budget/Financial Analyst, and Wayne Sandberg, County Engineer/Public Works Deputy Director (item A) - Kevin Corbid, Deputy County Administrator (item B) A. Conduct a Public Hearing on the 2020-2024 Capital Improvement Plan (CIP), and adopt a resolution adopting the final 2020-2024 CIP document. B. Conduct a Public Hearing to consider revisions to the Washington County Fee Schedule, Policy #1032, and consider adoption of the county's 2020 Fee Schedule. 8. 10:25 Public Works - Mitch Bartelt, Engineer II (item A); Nathan Arnold, Engineer II (item B) A. Adopt a resolution authorizing the County Engineer to submit a request to the Commissioner of the Minnesota Department of Transportation (MnDOT) to perform speed studies to determine the reasonable and safe speed limit at the locations listed, and to authorize the County Engineer to install and maintain the appropriate signs consistent with the resulting orders. B. Approval of Amendment No. 2 for Contract No. 11016 with SRF Consulting, Inc. to perform final design and project coordination services for the County State Aid Highway (CSAH) 15 (Manning Avenue) and Trunk Highway (TH) 36 Interchange Project in the amount of $1,110,905. 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 Washington County 9. 10:40 General Administration - Kevin Corbid, Deputy County Administrator (item A); - Molly O'Rourke, County Administrator (item B) A. Approve Contract No. 13079 with Downs Government Affairs for federal legislative representation for calendar years 2020 and 2021. B. Approve revision to Policy No. 6011 - County Commissioner Compensation. 10. 10:55 Community Corrections - Julie Ring/Ryan Erdman, Association of Minnesota Counties A. Presentation of 2019 County Achievement Award Recognition from Association of Minnesota Counties (AMC). 11. 11:05 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 12. Board Correspondence 13. 11:20 Adjourn 14. 11:20 Break 15. 11:30 Interview - Brown's Creek Watershed District 16. 12:00-1:00 Board Workshop with Administration - Kevin Corbid, Deputy County Administrator A. Review Washington County's draft 2020 legislative priorities. 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