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2021-04-06 CC Agenda Packet
April 6, 2021 City Council Zoom 4:30 pm Meeting April 6, 2021 City Council Zoom 7 pm Meeting NI 1 1\7 ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoomgov.com/join or by calling 1-646-828-7666 and enter the meeting ID number: 161 843 8759 Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING April 6, 2021 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Economic Development Analysis with Dr. Waldron 2. HPC Design Guideline Update and Policy Direction Discussion 3. Nuisance Ordinance and Administrative Citations Discussion IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief - 2020 Annual Report 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator 9. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 10. Proclamation - Fair Housing Act 11. Proclamation - National Organ Donation Awareness Month 12. Proclamation - Stillwater High School Boys Swimming & Diving Team, Swimmer Will Whittington X. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. March 16, 2021 regular and closed session meeting minutes 14. Payment of Bills 15. Emerald Ash Borer Bulk Discount Treatment Program Agreement 16. Fee Schedule Amendment for St Croix Rec Center and Lily Lake Arena Rental Rates 17. Forge & Foundry Distillery Liquor License Premise Amendment - Resolution 18. Hardcourt Rehabilitation 2021 Project (Northland Park Pickle Ball Courts) Bid Award 19. Laurel Street Stairway Repair Project Bid Award XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 20. CPC Case 2021-13 to consider a request by JAM Freedom, LLC, and Mark and Marlene Pavlick for a 61ot Preliminary Plat and Rezone from AP to RB. Property located at 8483 Marylane Ave N. Notice published in the Stillwater Gazette and mailed to affected property owners on March 12, 2021 - Resolution and Ordinance 1st Reading 21. To consider amending the Stillwater City Charter regarding Administrative Citations. Notice published in the Stillwater Gazette on March 19, 2021 - Ordinance 1st Reading XIII. UNFINISHED BUSINESS - None XIV. NEW BUSINESS 22. An Ordinance Repealing and Replacing Stillwater City Code Chapter 38 regarding Nuisances, Section 22-10, 22-11, and 22-12 regarding Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses, Enacting Section 52-19 regarding Noise Control and Regulations, and Repealing Chapter 40 regarding Abandoned Vehicles - Ordinance 1st Reading 23. Request for Consideration of the Sale of Public Land 24. Lot 4 Block 11 Sabin's Addition to Stillwater Encroachment Agreement 25. Temporary Outdoor Sales Permits with Amendment to Liquor License for Temporary Outdoor License Premise - 2 Resolutions 26. Hwy 36/Manning Ave Interchange Project • Lake Elmo Maintenance Agreement • MnDOT Cooperative Construction Agreement - Resolution • Washington County Cooperative Maintenance Agreement 27. 2021 Sidewalk Rehabilitation Project Order Preparation of Feasibility Report - Resolution 28. 2021 Street Improvement Project Bid Award - Resolution 29. St. Croix Rec Center Parking Lot Improvement Project Bid Award - Resolution 30. Authorize Council Representative to 2019 Street Improvement Project Assessment Mediation XV. COUNCIL REQUEST ITEMS 31. Bridge the Valley Bike Ride XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda April 6, 2021 OD x StarTribune 10 • The man many people consider to be the first Black professional baseball player in the TT.,S. nlaved one season in Stillwater. and now the local historical society wants to have petco Safe & Easy Shopping at Petco® • d. X John W. "Bud" Fowler pitched and played 66 games in 1884 with the Stillwater baseball team, a short-lived team in the Northwestern League, which didn't last much longer. He was the league's only Black player, managing to win a spot in organized baseball even as the sport moved toward open discrimination against Black athletes. "He's actually one of the guys in Black baseball who at that early time — in the late 19th century — was considered one of the best players," said Frank M. White, author of "They Played For The Love of The Game: Untold Stories of Black Baseball in Minnesota." Fowler's excellence was "evidenced by the number of teams he ended up playing with," he said. https://m_startribune.com/stillvoater-may-honor-first-black-professional-baseball-Mayer/600041329/?clmob=y&c=n 4/2/21, 1:49 PM Page 1 of 8 Insight-.L,ed, nnovation ? .QQ r ID Ii Fowler's considerable legacy in baseball already includes a street named for him in Cooperstown, N.Y., home of the Hall of Fame. A plaque in Stillwater would mark his time in the city when it was a booming lumber town, flush with cash and rapidly growing, said Brent Peterson, executive director of the Washington County Historical Society. Peterson said he recently asked the Stillwater school district about installing the plaque on a field that today sits on school -owned property near Stillwater Middle School. It's still early in that conversation, but City Council Member and history teacher Ryan Collins said he's excited about the prospect of marking the city's connection to Fowler. "I'd be surprised if it didn't get supported by the school board," he said. What little is known about Fowler's time in Stillwater comes from historical records and accounts published in local newspapers. The year that Fowler lived in Stillwater was a momentous one for the city: It was in the midst of its lumber boom, with millions of board feet of white pine logs floating down the St. Croix River to be marked and sorted north of town. Several mills were up and running, fortunes were being made, and it wasn't too hard to find enough investors to start a baseball team. "Money was flowing like crazy into Stillwater and baseball was going nationwide," Peterson said. https://m startribune-com/stillwater-may-honor-first-black-professional-baseball-player/600041329/?clmob=y&c=n 4/2/21, 1:49 PM Page 2 of 8 Fowler grew up in Cooperstown, the son of a man who had escaped slavery. He learned baseball there and first played for an all -white team in Pennsylvania at age 14. He played for teams in New England, Canada and Ohio before landing in Minnesota at age 26. APRII 1 1, 2021 SAVE $LLB. I PREVIOUSLY FROZEN LUNDS&BYERLYS Fowler lived in the "Live and Let Live" boardinghouse on Chestnut Street. The boardinghouse is gone, and soon the bank building that stands in that location will be taken down, too, for a new residential building. Fowler's record with the Stillwater team showed he was the ultimate utility player, pitching in some games while fielding or catching in others. The team played on a field near the corner of Orleans and Sixth Avenue S., which today sits between the Stillwater Middle School and Fairview Cemetery. Despite write-ups in the local press and some games drawing 500 or more fans, the league foundered. Finding enough people to attend games proved difficult, and the Stillwater team folded partway through the 1884 season, having played 66 games of 110 that season. The team ended $7,50o in debt, according to Peterson. The Northwestern League lasted a few more years, folding in 1887. Fowler eventually moved on to play for a team in Keokuk, Iowa. A photograph of him with his teammates will be among the items in the Fowler exhibit that Peterson plans to display at the Washington County Historical Society's Heritage Center, opening this fall in Stillwater. Fowler played for other teams after his stay in Stillwater in a career that lasted 10 seasons of organized baseball. In his book, baseball historian White documented how discrimination against Black https://m,startribune.com/stillwater-may-honor-first-black-professional-baseball-player/600041329j?clmob=y&cen 4/2/21, 1:49 PM Page 3 of 8 players kept them out of the major leagues and eventually led to the creation in 192o of the Negro National League and its governing body, the National Association of Colored Professional Baseball Clubs. On -Call Facility Probation Officer Scott County Automotive Technician Kimber Creek Ford Fleet Services Head Chef Division Manager The Landing On Lake City Of Eden Prairie Vermilion Assembly Worker Seasonal Openings! City Of Eden Prairie $18-20 per hour Fowler was long gone by then, having died in Frankfort, N.Y., in poverty in 1913. Although his death got national news coverage, his grave was unmarked. The Society for American Baseball Research helped install a grave marker in 1987. Last year, the same organization named Fowler their Overlooked 19th Century Baseball Legend of 2020. White, who built a website at minnesotablackbaseball.com to share his research into the history of Black baseball players, said his interest began at a young age, traveling with his baseball -playing father in the 195os. It wasn't until later that he learned that his father played with and against Negro League teams that barnstormed through the Twin Cities. The history is important, he said, because it tells the stories of "guys like my father who were very good players but you would never know that because they were never written about." Matt McKinney - 612-673-7329 Matt McKinney is a reporter on the Star Tribune's state team. In 15 years at the Star Tribune, he has covered business, agriculture and crime. mckinney@startribune.com .% 612-673-7329 161 _mattmckinney Mips://rn.startribune com/stillwater-may-honor first-biack• professional-baseu_all-player/690041329/?clmob=y&c=n 4/2/21, 1:49 PM Page 4 ef 8 Page 1 CITY OF STILLWATER LIST OF BILLS A&K Construction Ace Hardware Advance Auto Parts Advanced Graphix Inc. Advantage Police Supply AE2S Construction (EIM) American Planning Association AMI Consulting Engineers PA Aspen Mills Assoc. of MN Building Official AT&T Mobility Automatic Systems Co AutoNation Blazevic Abigail Bolton and Menk Inc. Boosalis Peter Boyer Trucks Bureau of Crim. Apprehension Canteen Refreshment Services Cardio Partners Inc CDW Government Inc. Century Link Cintas Corporation Coca-Cola Distribution Comcast Communication Systems Specialists Compass Minerals Computer Integration Technologies Coremark Metals Cornerstone Land Surveying Corval Constructors Cub Foods Dalco Dell Marketing L.P. Denucci Cody ECM Publishers Ecolab Emergency Medical Products Epson LabelWorks Store Esch Construction Supply Feider Adele Ferguson Waterworks #2518 FleetPride Flexible Pipe Tool Co. Force America Forestry Suppliers Inc. Foxit Software Inc Golden Expert Services Boiler Room Door Supplies Repair supplies Fire magnets Headsets & equipment Dome Project AICP Application fee Riverbank Stabilization PPL Application Uniforms Membership Cell phone Well #5 repair Vehicle repair supplies Water OV Refund Lift Station Improvements Refund STHR Equipment repair supplies Terminal access charge Concession supplies AED & supplies Supplies Wellhouse SCADA System & telephones Uniforms & mat cleaning service Beverages for concessions Internet & Voice Communications cabling 2020 Salt Heirloom & Landmark Website Supplies 1920 Market Dr land surveying Equipment repair supplies Beverages for concessions Supplies Computer equipment Reimburse for work boots Publications Cleaning supplies Supplies Office supplies Supplies Refund dog license fee Water meters & supplies Equipment repair supplies Hose Equipment repair supplies Sawhead kit & blade Foxit PhantomPDF Janitor Service 9,740.00 56.87 776.11 205.50 3,751.00 18,089.19 70.00 1,755.00 753.93 225.00 103.37 289.90 109.32 500.00 4,281.50 200.00 121.28 270.00 620.37 572.00 563.72 1,198.32 2,578.90 665.18 300.60 2,922.76 20,937.81 540.15 70.06 850.00 1,886.58 140.61 2,074.80 580.17 119.99 346.75 357.60 204.18 58.65 466.65 20.00 5,426.67 274.99 624.00 54.63 191.30 915.11 3,700.00 Page 2 Gopher State One Call Inc. Grainger Greiner Michael Guardian Supply H&L Mesabi Hawkins Inc Heritage Printing Inc. Hisdahl Inc Hoisington Koegler Group Inc Holiday Companies Holiday Credit Office I/O Solutions Inc. IState Truck Center Jaytech Inc Junker Brad Kiesler Police Supply Kirvida Fire Inc. League of MN Cities LeVander Gillen Miller PA Lindstrom Solar LLC Loffler Companies MacQueen Equipment Inc. Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Metro Emergency Managers Assn Metro Sales Inc. MidAmerica Inc Miller Excavating MK Mechanical Inc MP Nexlevel LLC Municode NAPA Auto Parts Nardini Fire Equipment National Reprographics LLC Office Depot Office of MN IT Services Performance Plus LLC Pioneer Press St. Paul Pioneer Rim and Wheel Co. Pollard Water Praxair Ditribution Quill Corporation R&R Specialties Inc. Rehn Code Consulting Services RiedelI Shoes Inc. Safe Fast Inc SEH Inc Shilts Cindy Locates Equipment repair supplies Reimburse for boiler license fee Uniforms & supplies Equipment repair supplies Chlorine Printing Plaques Design guidelines Vehicle washes Fuel Firefighter exam Equipment repair supplies Chemicals Reimburse for expenses Glock pistols Vehicle repair Training - Harassment Prevention Professional services Solar Energy Porting water dept main number Equipment Labor Relations Services Fuel Police garage lights Supplies Membership Copier Lease 121 Chestnut Lake McKusick Sediment Removal New boilers Locating Supplement pages Equipment repair supplies Inspection Scan construction projects Office supplies Language line Drug screen Subscription - Turnblad Tires Equipment repair supplies Cylinders Office supplies Equipment repair supplies Plan Review Skates Uniforms Downtown lighting study Reimburse for gas 20.25 260.34 60.00 15,528.51 2,203.00 15.00 3,198.35 755.00 3,552.50 420.00 30.71 357.00 2,185.30 1,066.21 44.40 3,986.40 72.48 10.00 14,866.31 3,688.68 262.50 1,149.73 1,764.00 8,884.99 683.00 3,024.65 80.00 44.00 15,560.75 38,867.19 56,500.00 618.75 514.80 19.79 108.15 713.00 308.92 56.99 45.00 147.72 598.08 289.87 57.95 232.44 1,692.00 5,121.55 1,056.42 944.80 3,195.00 25.01 Springbrook Software St. Croix Boat and Packet Co. Stillwater Motor Company Street Cop Training Summit Companies Tablet Command Inc TBEI Inc/Crysteel Manufacturing Team Viewer Germany GmbH Telemetry and Process Controls TKDA Toll Gas and Welding Supply Tri-State Bobcat Uline Inc Utility Logic Valley Trophy Inc. Verizon Wireless Washington Conservation Distr Washington County Public Safety Radio Water Conservation Services Inc Xcel Energy York International Corp Zebra Athletics Zee Medical Service Zep Sales & Service LIBRARY Amazon Business ArtStart Baker and Taylor Blick Art Materials Brodart Co Cintas Corporation Hannah Karen Hedin Sue Loffler Companies Master Mechanical Inc. Menards Midwest Tape NADA Used Car Guide Nardini Fire Equipment Office of MN IT Services Premier Lighting Inc Quill Corporation Upgrade - professional services Arena Billing Vehicle service Training Annual Sprinkler Inspection Annual subscription Equipment repair supplies TeamViewer Subscription Misc Chestnut Street Civic Plaza Argon Supplies Supplies Equipment Engrave Wireless Service BMP Maintenance 800 Radio user fees Repairs Energy Equipment repair supplies Mats for DT training First aid supplies Zep 0 Shine Materials Programs - Adult Materials Supplies Materials Towels & Rugs Staff Reimbursement Staff Reimbursement Copier/Printer RTU #2 Smoke Detector/ RTU #4 Low Limit Supplies Materials Materials Annual Maintenance Telephone - February LED Light Conversion Supplies Page 3 31.25 67,587.75 509.14 299.00 435.00 5,000.00 144.27 1,188.00 8,418.02 15,814.98 148.05 380.84 4,480.55 307.29 20.00 3,217.20 2,864.80 10,802.16 987.45 44,257.38 468.00 1,140.00 168.65 150.18 61.45 425.00 722.00 78.00 8,739.14 163.51 55.68 101.09 733.45 1,596.13 67.41 410.71 175.00 219.29 143.70 4,314.49 69.37 Page 4 FEBRUARY CREDIT CARDS Amazon.com AMEM Apple iTunes At Your Pace Online Constant Contact Defensive Edge Training & Doty Belt Dropbox ETrailer Global Leadership Network Kwik Trip Lathem Time LED Lighting Supply Lowes Home Centers Inc. MN Erosion Control Assoc. Pony Express Safariland Training Group United Negro College Fund University of Minnesota Washington County Dept of Public FEBRUARY MANUALS Comcast Enterprise FM Trust Postmaster Quill Sirotiak Lauren SW/WC Service Cooperatives ADDENDUM Century Link Comcast Galvan Jessica Hildi Karsnia Carol Smith Bridget Waste Management Adopted by the Stillwater City Council this 6th day of April, 2021 Mayor Ted Kozlowski Supplies Membership iAnnotate app for new council member Water Operations course Constant Contact Licensing Shotgun Armorer Course - Lund Lift belt system Additional Dropbox Bus License LED back up light for trailer Leadership Summit - Mueller Fuel for Airboat Timecards and rack PW exterior light bulbs Snowblower parts Erosion Control & Stormwater Mgmt Conference Squad wash Impact Munitions Instructor Course MLK Day event Conference Hazardous Waste Generator License Internet Lease vehicles Newsletter Postage Office supplies Reimburse for mileage for training Retiree Health Insurance Wellhouse SCADA System Internet Park Fee Refund Actuarial fees Park Fee Refund Park Fee Refund Garbage Certification 696.85 200.00 10.70 125.00 405.00 450.00 177.41 133.97 304.53 39.00 82.01 171.80 697.47 262.28 129.00 39.63 825.00 100.00 235.00 102.00 134.90 7,963.52 1,760.40 169.99 71.68 75,774.38 727.47 185.43 100.00 1,050.00 50.00 100.00 46,431.19 TOTAL 612,049.00 Received April 1, 2021 The City Council of the City of Stillwater City of Stillwater 216 4th St No Stillwater, MN 55082 Re: Case #CPC 2021-13, Marylane Ave. No. Proposed Development Community Development Department I have recently received your notice regarding the above mentioned proposal and would like to express my/our concerns. I live at 1444 Monterey Court and have spoken to my neighbors at 1450 and 1456 Monterey, the properties directly behind the proposed development. We all agree one of the reasons we purchased this property is because of the wooded area behind us, the privacy, peaceful and natural environment it provides. I am unable to tell by the plans how much of the wooded area will be saved and how much will be eliminated to install the infiltration basin at the property boundary. Our request is this: leave a wooded buffer area similar to the adjacent development to the south on Marylane and move the infiltration basin further off the property line, also similar to what they have done on the adjacent property. My guess is that a prospective buyer of the proposed Tots would appreciate the privacy the wooded area provides thus making them more desirable. Sounds like a win win situation to me. Thank you for your consideration. Scott C Johnson 1444 Monterey Court Stillwater, MN 55082 Phone 651-439-9019 Cell 651-983-9157 ijlwater THE B I R T H P L A C E CF MINNESOTA DATE: TO: TOPIC: April 6, 2021 (Revised since 4/2/21 memo) Mayor & Council Members Outside sales area permits & liquor license amendments REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Given the continued impact of COVID-19 to commerce, the Council approved the renewal of the 2020 Outside Seating Area (OSA) program for 2021. The main points of the program are that: 1) Permits will be valid through October 31, 2021 2) On -street parking spaces adjacent to businesses can be used for seating or retail sales areas ("parklets") 3) On -street parking spaces can be reserved for curbside pickup 4) Private property can be used for outside seating and sales. 5) Liquor license can be amended to include the OSAs. Guidelines for the issuance of the 2021 permits are established in the attached resolution and the attached application forms. SPECIFIC REQUEST Take these five actions separately: 1) Adopt the attached 2021 OSA Program Resolution. 2) Approve as a single "consent" action all the OSA permits that remain unchanged from last year. Staff will issue individual permits to these businesses after Council approval. To date this list includes: a. Brick & Bourbon (on Water Street only); b. Brians (on Water Street only); c. Maple Island Brewery; d. The Lumberjack; e. Norman Quack's; OSA Permit Program April 6, 2021 Page 2 f. Lolito's; g. La Carreta's, h. The Oasis; and i. Meister's. 3) Consider individual approval of the permit applications that have changed or have aspects inconsistent with the OSA program. Staff will issue individual permits to these businesses based upon Council action. This list of permit applications include: a. Pat Wolf; b. The Zephyr Theater; and c. The Velveteen 4) Approve the Leo's Malt Shop request for two on -street parking spaces on Main Street adjacent to the restaurant for use by customers as curbside pickup spaces. Staff will issue a permit if approved by Council. 5) Adopt the attached Liquor License Amendment Resolution for the applicable OSA Program businesses. WOLF OSA PERMIT Pat Wolf submitted an application for the patio at 204 N Main. The space is planned to be flexible to allow one or several of the following at any one time: coffee service, alcohol service, a food vending truck, a grill and corn vendor, retail sales and outdoor musicians. A Conditional Use Permit exists for the property that allows the vending truck and outdoor coffee cart/service. The Conditional Use Permit does not allow for the requested outdoor music. No public parking or public property is involved. WOLF'S SPECIFIC REQUEST 1. Use of private property for outdoor sales area. 2. Use of private property for outdoor food/beverage service seating area. 3. Liquor license amendment to allow alcohol service in the outside seating area. 4. Use of outdoor sound system for musicians. OSA Permit Program April 6, 2021 Page 3 COMMENTS ON WOLF REQUEST Much of this request is straight forward. The seating and sales areas would be completely contained on fenced, private property. Temporary outdoor retail sales are allowed by OSA permit. And, the vending truck and coffee sales areas are already allowed through a Conditional Use Permit for the property. However, there are two requested items that cannot be permitted under the COVID-19 OSA Program. 1. Outdoor sound systems are not allowed without a Conditional Use Permit. And the existing Conditional Use Permit does not provide for outdoor sound systems. So, the temporary OSA cannot include the use of an outdoor sound system. In order to include the sound system on the patio, an application would need to be submitted to the City and approved for an amendment to the property's Conditional Use Permit. A public hearing would be scheduled and surrounding property owners would be notified as part of this review. 2. A liquor license cannot be issued for service of alcohol on this property. The retail building does not have a liquor license, and the City does not allow sale of alcohol under a caterer's license under the OSA program. RECOMMENDATION FOR WOLF REQUEST Staff recommends conditional approval of the requests EXCEPT for the outdoor sound system and liquor license. The conditions attached to the allowable OSA requests would be any that are attached by the Stillwater Fire Department and Washington County Public Health & Environment. THE VELVETEEN OSA PERMIT The Velveteen, 123 N Second Street, has submitted a permit application for the temporary use of four on -street parking spaces as well as the City's Sunken Garden on Second Street. These spaces would be used for outdoor seating, which would include alcohol service. THE VELVETEEN'S SPECIFIC REQUEST A. Use of four on -street parking space on Second Street for outdoor seating. B. Use of the Sunken Garden on Second Street for outdoor seating. C. Amendment of liquor license to temporarily add outdoor seating areas to premises. OSA Permit Program April 6, 2021 Page 4 COMMENTS ON VELVETEEN REQUEST About 20 feet of the loading area in front of the JX Event Center is requested to be used for outdoor seating area for the Velveteen. The owner of the property concurred with this last year, 11y6le Of Contents y � lay. . I-0® ▪ R On-streethandicapped m E ® On -street Parwng t5 minute parking limit _ IN 36 minute parking limit ■ LoadirgWurdoading . Valet 0 Bus load:nplunload:r. ✓ aw parking PAPCEL5 S 0 numbers.dwg Gawp Layer fE la 780307(Ltlf to 0 Sec28 Topo.dwg Group Lay ri ❑ 2803620.tIf fE 0 7803020-tif E 0 Lo111_erpamion and if he does again this year, staff would support this. Two of the on -street parking spaces are in front of the Sunken Garden. Typically, staff would not support a request for outdoor seating space in front of property not connected to the business making the request. But, in this case, there would be no competing requests for the spaces. So, staff supports this. The Sunken Garden is a public "pocket" park. And parks are not included amongst the areas allowed for private use in the outside seating area program. So, City Council would have to make a decision on whether to grant this portion of the request again this year. If the Council approves, staff would recommend at least the following conditions for use of the park space: 1. Tables and chairs must be removed from the Sunken Garden each evening so the public can use the park during the next day. 2. All trash must be picked up each night. OSA Permit Program April 6, 2021 Page 5 RECOMMENDATION FOR THE VELVETEEN Staff recommends approval in part and denial in part. We recommend approval of the parklet seating area and the liquor license amendment for the on -street spaces, with the conditions found above and any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. However, similar to last year staff recommends denial of the request to use the Sunken Garden for an outdoor seating area. THE ZEPHYR THEATER OSA PERMIT The Zephyr Theater, 601 N Main Street, has submitted an application for the temporary use of their private parking lot as an outside seating area (OSA) again this summer. Over the winter the fenced activity area increased to accommodate their ice maze. The fenced area this summer would be about the size it was this winter. Seating capacity will grow from 50 last summer to 250 this summer. As was the case last year, an amendment to the Zephyr Theater liquor license is being requested to allow alcohol service in the OSA. Also, since outdoor sound systems are only allowed Downtown with a public hearing and a Conditional Use Permit, the Zephyr Theater is requesting temporary approval with the OSA permit to allow a sound system for outside productions this summer. THE ZEPHYR THEATER REQUEST 1. Temporary Outside Seating Area permit; 2. Amendment of liquor license to temporarily add parking lot to premises; and 3. Approval with OSA Permit of an outdoor sound system for theater productions. COMMENTS ON ZEPHYR THEATER OSA PERMIT The proposed outside seating area is mostly on private property, except for the areas in blue in the site plan to the right. These blue OSA Permit Program April 6, 2021 Page 6 shaded areas are owned by the City for street purposes. But, since the City is allowing parklets on City streets for this COVID OSA program, it seems reasonable to allow these blue shaded areas to be permitted as part of the theater's OSA. The OSA is proposed to be fenced according to liquor license standards. Staff believes that the outside sound system should only be approved with a public hearing and an amendment to the theater's Conditional Use Permit. But, if the Council feels that a temporary COVID-19 driven allowance should be made for this summer's productions, staff would recommend at least the following conditions: 1. Outside sound system must be turned off at 10 PM and not turned back on again until after 10 AM. 2. Sound levels must remain within limits established by the City's nuisance ordinance. Depending upon the size of the stage, it may need to be reviewed and permitted by the Building Department. So, prior to installing the stage, the theater will need to check with the Building Department. RECOMMENDATION FOR ZEPHYR THEATER Staff recommends approval of the temporary OSA permit and the liquor license amendment with the condition that the theater must verify with the Stillwater Building Department whether a building permit will be needed for the stage, and that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. If the Council wishes to approve the outside sound system for the theater productions, then staff would recommend at least the two conditions listed above. Attachments: OSA Program Resolution Permit application forms Permit application for Wolf Permit application for the Zephyr Theater Permit application for the Velveteen Liquor license amendment Resolution BRIDGE lE VAI r - Bike Rally Stillwater, MN Sunday, August 15th, 2021 History • Stillwater Sunrise Rotary fundraising: • Various types in the past • Generally like to have 1 main fundraiser • Last 9 years have had Brewers Bazaar fundraiser • Late May • 4 hour event on riverboat parked in Stillwater • 20+ craft brewers — • each with multiple samples of beer (90+ beers) • Over 400 people per event — limited by boat capacity • Last several years — attendance slightly declining • Not able to have the event in 2020 due to COVID • Some craft brewers have gone out of business due to COVID • Event scheduled for October 2021- tentatively Stillwater Sunrise Rotary Club SATURDAY, MAY 18, 2019 Hosled by the Sflhlwaler Sunrise Rotary Club Bridge the Valley— Bike Rally ■'-1r- ir•,. BRIDGE THE VA BIKE RALLY EY VISION: Reinforcing the concept of Stillwater being a preferred bicycling destination city, and creating avenues of economic support for Stillwater downtown businesses, by establishing the Bridge the Valley bicycling event as one of the premier and most desirable annual bicycling events in Minnesota and western Wisconsin. Weekend of Events • City of Stillwater will be having the "Lift & Loop" celebration • Grand opening celebration for Lift Bridge and Loop Trail • Originally planned for summer 2020 — (postponed due to COVID) • Festivities on Friday night, Saturday, and Saturday night • Live entertainment in downtown Stillwater • Booths, sponsors along the St. Croix • Catered dinner along full length of Lift Bridge on Saturday night • "Hands around the St. Croix" is cancelled due to COVID MINNESOTA, MSC LIFT &LOOP • Bicycle rally will culminate celebration with ride on Sunday morning • After the ride, we are encouraging people to stay and enjoy downtown Stillwater • Live entertainment • Secure bicycle parking • Business specials and offers for ride participants AMMISIIROL BRIDGE THE VALLEY BIKE RALLY Ride Information — (from website) Traverse our picturesque St. Croix River Valley on epic rides, crossing new and classic bridges throughout the St Croix valley. Scenic, bike -friendly, blacktopped routes with Rides for all ages and skill -levels. Choose from 5, 10, 25, 40, 60, or 80 mile loops The 80 mile route has gravel sections — or combine the 40 and 60 mile routes for a century ride All routes start and finish in historic Stillwater Finish your ride and meet up with your family and friends to enjoy an amazing variety of savory cuisine, craft beer and drink specials with our downtown Stillwater restaurant and business partners. Top off your day with live entertainment along the St. Croix River. Logistics • Stillwater event application filed on 2/12/21 • Working with Mike Polehna to coordinate bicycle event with other city weekend celebration • Registration and event websites are up and running • Final advertising and social media campaign rolling out the week of 4/5/21 • Main "event hub" is N. Lowell Park and Chestnut Plaza (adjacent to the end of the Lift Bridge) HOURS: Set -Up: Saturday — Noon-5 (schedule around L&L events) Sunday — 6-7am SUNDAY: Registration : 100 & 80 mi 60 & 40 mi 25,10,5mi Bike maintenance and EMS: Secure bike parking: Downtown food and drink specials: Downtown live entertainment: Downtown event shut down: All routes closed: Clean-up: 7-8am 8-9am 9-10am 7am —3pm 7am — 4pm 8am — 3pm 11am — 3pm 3pm 3pm 3-6pm Routes • 6 Routes total • Can combine the 60 and 40 to make a 100 mile "century" route • All routes cross the St. Croix river • The 80 mile route has gravel section and "timed" sections • All routes are accessible in Ride with GPS mobile app 10 Mile Route 25 Mille Route SO Mile "Graver Route 4.0 Mile Route Ito 5 Mile'"Loop Trail" Route 60 Mile Route Route Information —S Mile 1. Just the Loop (5 miles, 200 ft climbing, 1 rest stop) Show the kids and grandparents how to have some active fun! A family -friendly ride... intended for all ages and abilities to join in the fun. Ride south along the new St Croix River Crossing Loop Trail along the west shore of the St. Croix River, cross the new spectacular suspension bridge climbing gradually to the highpoint of the trail at Houlton Park's rest stop. Crossing the bridge there are several north - facing bump -outs with interpretive signs and views north up the National Scenic River. Fun activities and light refreshments await all at the Houlton Park Rest Stop, but especially younger children. The ride ends with a steep descent down Houlton Hill, with its spectacular view over downtown Stillwater and across the renovated bike & pedestrian lift bridge. Route Information — 10 Mile 2. Brown's Creek & Bridges Loop (11 miles, 500 ft climbing, 2 rest stops) Ride creekside, lakeside and riverside with spectacular views A slightly more challenging... ride than "Just the Loop," but the views are worth the challenge if you are up to it. Take the Brown's Creek Trail (rail trail) north out of Stillwater alongside our Zephyr Theatre and adjacent to the St Croix River by the City's recently acquired Aiple property (recently renamed Lumberjack Landing). Then curve west paralleling Brown's Creek ravine up a gentle incline to a bike trail alongside McKusick Lake. Zigzag through a combination of blacktopped trails and roads to Pioneer Park, which has a spectacular view over downtown and both the historic lift bridge and the new suspension bridge. Descend into town via our support hub, then pick up the "Just the Loop" route described above. Route Information — 25 Mile 3. Browns Creek & Lake Jane (27 miles, 1000 ft climbing, 2 rest stops) Link rail trails, bike trails and Loop Trails A mid -level family and group ride... 50% of which is on off -road blacktopped trails with no severe climbs, possibly suited for young teens and above. Follow the beginning section of the "Brown's Creek and Bridges Loop" described above, then continue along Brown's Creek Trail to Duluth Junction, where this Trail T's into the Gateway Trail. Turn south on the Gateway Trail (rail trail) biking under both County Road 12 and Highway 36, then east on a small spur connector trail into rural neighborhoods, Green Acres Tubing Park, and around Lake Jane. Continue east through pastoral countryside, by Washington County Fairgrounds, and into Oak Park Heights bicycle trail system. Just before descending again to the St Croix Crossing Loop Trail, you will experience an amazing view from Valley View Park overseeing the new interstate suspension bridge, which you will cross on the dedicated bike and pedestrian trail overlooking the river and downtown Stillwater in the distance. Route Information — 40 Mile 4. Beyond the Loop (40 miles, 1300 ft climbing, 1 rest stop) Explore Wisconsin's waterfowl areas beyond the St Croix River Loop Trail More of a challenge for mid -level road riders, and away from built-up areas... this ride includes beautiful Wisconsin countryside, scenic Trout Brook Road descent along the west boundary of Willow River State Park, a gradual climb back up to the Willow River Wildlife Area, Bass Lake Waterfowl Production Area, then picks up the west -bound portion of the St Croix Bike & Pedestrian Trail Coalition's designated "Beyond the Loop" orange and purple trail, alongside the blufftop entry to Andersen Scout Camp, then the steep but scenic overlook and descent to cross the historic lift bridge back into downtown Stillwater. (Can be merged with the Prescott & River Falls route to make a century ride.) 'ft ,t al1v .-a (ask ,: -Heights Bayppr` , A* It, ,North y,1 L Hudson r Tow ■411 Route Information — 60 Mile 5. Prescott & River Falls (62 miles, 2300 ft climbing, no supported rest stops) Tour small rivertowns via rolling Minnesota and Wisconsin rural countryside For higher -end self-supporting riders... stretch yourselves to reach the southern -most bridge of our options via Afton and across from Minnesota to Wisconsin into Prescott. Test your legs on the rolling Wisconsin hills up through River Falls, back alongside the St Croix River in Hudson, then follow the St Croix Bike & Pedestrian Trail Coalition's designated "Beyond the Loop" blue trail on the wide shoulder north along Highway 35 back to Houlton, and the steep descent into downtown Stillwater across the historic lift bridge. (Can be merged with the Beyond the Loop route to make a century ride.) NOTE: Limited support ride... no signage, and on -call non -medical -emergency sag wagon support only on this route. Town of 1,w � of Saint .—..oa a • Joseph ngton He inty�ail ::frill)j N'th• s`,n Town _we OrI •- Mu 4 of H u� ion d on 'la" Tc of f F� Route Information — 80 Mile 6. St Croix Gravel Challenge (77 miles, 3200 ft climbing, no supported rest stops) Experience an epic dual -state social tour with bragging spurts! The ultimate ride, for those so inclined... intended for the more avid, experienced and self-supporting riders. This route has steep hills, several gravel sections, plus some timed segments. Head north up the west side of the St Croix National Scenic Riverway, cross over the Osceola Bridge... checking out their downtown coffee and ice cream stores... then return south on the Wisconsin side. There are a couple of `deep -dive' gravel spurs that take you right down to the river for some seldom seen views of the river, including an old ferry crossing into Marine-On-St.Croix. The last 7 miles follow the St Croix Bike & Pedestrian Trail Coalition's designated "Beyond the Loop" orange and purple trail, alongside the blufftop entry to Andersen Scout Camp, then the steep but scenic overlook and descent to cross the historic lift bridge back into downtown Stillwater. Ride casually until your downloaded Ride with GPS app notifies you that 1 of the 7 "Timed Segments" has started, then test your ego against other participants along these 1.5 mile (average) segments. Cumulative time for all segments will be totalled automatically in the RWGPS app, giving you the potential of bragging rights until next year! NOTE: Limited support ride... no signage, and on -call non- medical -emergency sag wagon support only on this route. Franconia ° To... , -•.gyp} gtoi Rr 1 id Town Somers( • Amer el own v.% . of Saint _ .Oa ,ark Joseph Iineton 1--icsinh+r Information: Stillwater Sunrise Rotary Club website: https://stillwatersunriserotary.org Google: Bridge the Valley Bike Rally Email: bridgethevalleybikerally@gmail.com Registration: Bikereg.com/bridge-the-valley Rick Heidick artyhide@gmail.com 651-274-6351 Washington County BOARD AGENDA April 6, 2021 - 9:00 AM Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on March 17, 2020, some or all of the county board members may participate by video conference, telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live web stream. FYI Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, Chair, District 5 Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration a co.washington.mn.us, or by telephone at 651-430-6001. Any comments of concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the March 23, 2021, County Board meeting minutes. B. Approval to appoint Mike Kazmerski, Woodbury, to a partial first term expiring December 31, 2023, as the District 5 Representative on the Parks and Open Space Commission. C. Approval to appoint William Sullivan, Oakdale, to a partial first term expiring December 31, 2022, as the District 2 Representative on the Historic Courthouse Committee. D. Approval to appoint Peg Larsen, Lake St. Croix Beach, to the Community Development Agency Board of Commissioners as a District 3 Representative, to a partial first term expiring December 31, 2022. E. Approval to appoint Cindy Kallstrom, Mahtomedi, to a partial term expiring December 31, 2023, as the District 2 Representative on the Library Board. 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 Washington County is an equal opportunity organization and employer Washington -,County Consent Calendar continued F. Approval to submit a grant proposal for the Community Living and Infrastructure grant offered through the Department of Human Services. G. Approval of an application for a 1-4 day Temporary On -Sale Liquor License from the VFW Post 323 for a special event to take place at the Washington County Fairgrounds, June 3, 2021, through June 6, 2021. H. Approval of the plat of St. Boniface Oaks East First Addition. I. Adopt a resolution to waive daily vehicle permit fees, allowing free entry into Washington County Parks for the second Saturday in June, in honor of National Get Outdoors Day. J. Adopt a resolution to waive daily vehicle permit fees, allowing free entry into Washington County Parks on April 22 in honor of Earth Day. K. Adopt a resolution to waive daily vehicle permit fees, allowing free entry into Washington County Parks annually on the Friday after Thanksgiving. L. Award bid and authorize execution of Contract No. 14013 in the amount of $197,272.46 with Valley Paving, Inc. for bituminous mill and overlay of County State Aid Highway (CSAH) 18 (St. Croix Trail S). M. Adopt a resolution and approve a Cooperative Agreement between the Minnesota Department of Transportation (MnDOT Contract No. 1036984), the City of Stillwater, and Washington County, for the Trunk Highway (TH) 36 at County State Aid Highway (CSAH) 15 (Manning Avenue) Interchange, for the period of signature through perpetuity. N. Approve the 2021 Speed Enforcement Grant No. 13994 between the Minnesota Department of Public Safety, Office of Traffic Safety, and the Washington County Sheriffs Office, in the amount of $22,000. O. Adopt a resolution recognizing the 9-1-1 Public Safety Dispatchers in Washington County in honor of National Public Safety Telecommunicators Week, April 11-17, 2021. 4. 9:10 Office of Administration - Employee Recognition Awards A. Present the 2021 Washington County Employee Recognition Awards for customer service, employee engagement, innovation, teamwork, and the County Administrator's Excellence in County Government Award. 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 Washington County is an equal opportunity organization and employer Washington -,County 5. 9:40 Public Works - Wayne Sandberg, Deputy Director/County Engineer A. Award the bid and authorize execution of Contract No. 13996 in the amount of $279,965.20 with Minger Construction Companies, Inc. for the Farney Creek Dam and Pipe Replacement project. 6. 9:50 General Administration - Kevin Corbid, County Administrator A. Update on COVID-19 vaccination efforts 7. 10:10 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 8. 10:25 Board Correspondence 9. 10:25 Adjourn 10. 10:30 Board Workshops with Administration A. Review the project concept, partnership, and terms for a Land and Water Legacy Program conservation easement on 127 acres on the St. Croix River in May Township. B. Legislative Workshop 1. Discuss letter to Washington County delegation opposing county responsibility for funding transit guideway capital maintenance costs. 2. Discuss legislative proposal to modify the current distribution of the Leased Motor Vehicle Sales Tax. 11. 11:30 Personnel Committee 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 Washington County is an equal opportunity organization and employer et, iliwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: City Council meetings are streamed live on the city website and available to view on Channel 16. Public can participate in the meeting by logging in online at www.zoomgov.com/join or by calling 1-646-828-7666 and enter the meeting ID number: 161 843 8759 Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING April 6, 2021 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Economic Development Analysis with Dr. Waldren 2. HPC Design Guideline Update and Policy Direction Discussion 3. Nusiance Ordinance and Administrative Citations Discussion IV. STAFF REPORTS 1. Public Works Director 2. Police Chief 3. Fire Chief - 2020 Annual Report 4. Finance Director 5. Community Development Director 6. City Clerk 7. City Attorney 8. City Administrator 9. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 10. Proclamation - Fair Housing Act 11. Proclamation - National Organ Donation Awareness Month 12. Proclamation - Stillwater High School Boys Swimming & Diving Team, Swimmer Will Whittington X. OPEN FORUM - the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XL CONSENT AGENDA - these items are considered routine and will be enacted by one motion with no discussion. A council member or citizen may request an item to be removed from the consent agenda and considered separately. 13. March 16, 2021 regular and closed session meeting minutes 14. Payment of Bills 15. Emerald Ash Borer Bulk Discount Treatment Program Agreement 16. Fee Schedule Amendment for St Croix Rec Center and Lily Lake Arena Rental Rates 17. Forge & Foundry Distillery Liquor License Premise Admendment - Resolution 18. Hardcourt Rehabilitation 2021 Project (Northland Park Pickle Ball Courts) Bid Award 19. Laurel Street Stairway Repair Project Bid Award XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 20. CPC Case 2021-13 to consider a request by JAM Freedom, LLC, and Mark and Marlene Pavlick for a 6 lot Preliminary Plat and Rezone from AP to RB. Property located at 8483 Marylane Ave N. Notice published in the Stillwater Gazette and mailed to affected property owners on March 12, 2021 - Resolution and Ordinance 1st Reading 21. To consider amending the Stillwater City Charter regarding Administrative Citations. Notice published in the Stillwater Gazette on March 19, 2021 - Ordinance 1st Reading XIII. UNFINISHED BUSINESS - None XIV. NEW BUSINESS 22. An Ordinance Repealing and Replacing Stillwater City Code Chapter 38 regarding Nuisances, Section 22-10, 22-11, and 22-12 regarding Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses, Enacting Section 52-19 regarding Noise Control and Reguations, and Repealing Chapter 40 regarding Abandoned Vehicles - Ordinance 1st Reading 23. Request for Consideration of the Sale of Public Land 24. Lot 4 Block 11 Sabin's Addition to Stillwater Encroachment Agreement 25. Temporary Outdoor Sales Permits with Amendment to Liquor License for Temporary Outdoor License Premise - 2 Resolutions 26. Hwy 36/Manning Ave Interchange Project • Lake Elmo Maintenance Agreement • MnDOT Cooperative Construction Agreement - Resolution • Washington County Cooperative Maintenance Agreement 27. 2021 Sidewalk Rehabilitation Project Order Preparation of Feasibility Report - Resolution 28. 2021 Street Improvement Project Bid Award - Resolution 29. St. Croix Rec Center Parking Lot Improvement Project Bid Award - Resolution 30. Authorize Council Representative to 2019 Street Improvement Project Assessment Mediation XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda March 2, 2021 iI1water THE BIRTHPALE OF MINNESCIA DATE: March 31, 2021 TO: Mayor and City Council FROM: Tom McCarty, City Administrator SUBJECT: Economic Development Report and Recommendations Dr. Craig Waldron of the Waldron Company was retained by the City of Stillwater to conduct an analysis and provide recommendations with respect to the future economic development structure for the community as well as other economic considerations. Dr. Waldron will be presenting the results of the analysis and recommendations at the April 6 City Council work session - see attached report and recommendations from Dr. Waldron. Based Dr. Waldron's presentation and City Council discussion, the Council can direct staff to provide further review regarding potential implementation of recommendations contained in the report. CITY OF STILLWATER FUTURE ECONOMIC DEVELOPMENT STRUCTURE FOR THE COMMUNITY AND OTHER ECONOMIC CONSIDERATIONS Dr. Craig Waldron The Waldron Company March 31, 2021 EXECUTIVE SUMMARY The City should create an Economic Development Authority (EDA) which will also include housing and redevelopment authority statutory powers. The EDA should reside with the City Council and be comprised of the same Council membership. The City should continue to support tourism. The need for an events coordinator was discussed and the City is well on the way to addressing this issue through the new park superintendent position. The successor for Community Development Director Bill Turnblad should have more of an emphasis towards economic development and redevelopment as opposed to land -use. The City may also choose to utilize an intern position to help with the number of new initiatives. As a future program, the City may want to consider a downtown assistance program facade improvements. This program needs to be extremely well thought out and should be outsourced with respect to loan processing and decision -making, subsequent to the very strict and strong guidelines that would be developed by the Council. The City should initiate a business visitation program. The visits would be conducted by the Community Development Director during the program's initial stages. At some future point in time, after the effort has experienced a certain level of success and seasoning, the City may choose to include elected officials in the visits. These are very informal and are oriented toward building relationships within the community. However, periodically, very critical information can surface that facilitates an expansion or negates a move out of the City by a particular business. Again the goodwill that this generates is significant. (The new intern can help setting up the business visits and facilitate and monitor follow up.) The City should make it a habit to discuss developments in an early stage with the Washington County CDA. The CDA has excellent development tools and programs that can be of great assistance to the City either in terms of in terms of assisting the City ranging from planning funds to helping package loans. GENERAL REPORT CONSIDERATIONS The activity commenced with the Consultant meeting with City Administrator Tom McCarty and Community Development Director Bill Turnblad. A list of critical interviewees was reviewed and finalized. Significant discussion also occurred with respect to Bill's perspective and his envisioned retirement. In order to secure broad base input into the project, the following individuals were selected to be interviewed: • Mayor Ted Kozlowski • Councilmember Mike Polehna • Councilmember Dave Junker • Councilmember Ryan Collins • Councilmember Larry Odebrecht 1 • Robin Anthony, Chamber of Commerce • Christie Rosckes, Convention and Visitors Bureau • Dr. Todd Stivland, Bluestone • George Dierberger, Augsburg University City Economic Department Consultant • Mary Ippel, Taft Law Firm • Mikaela Huot, Baker Tilly • Chris Eng, Washington County CDA • (The consultant also spent time visiting the major development sites) CITY DEVELOPMENT STRUCTURE In reviewing potential development options for the City it is recommended by the consultant that the City NOT develop a new body independent of the Council. The City recently went through a challenging integration of utilities into the overall operation and creating a new separate body would not be effective or efficient. The Council, acting as the main body, can make sure that the policy and priority directives are moving forward in a unified and timely manner. This completely avoids the problem of disagreement between freestanding bodies as it facilitates coordinated and timely development processes and procedures. After discussions with all parties and particularly Mary Ippel and Mikaela Huot it is quite clear that the City does not need radical surgery. The City has been quite successful simply using its municipal powers and therefore, in light of the City's current success, drastic measures are not going to be suggested. Initially it was learned that the City had a port authority at one point going back to the 1930's. That alignment can offer really significant development options for communities. However the city attorney, as well as Mary Ippel, were not able to find any significant records with respect to how the port authority was formed and under what statutory provisions. The port was eliminated by ordinance in 1998. The City attorney has also pointed out that based on the ordinance the closing down the port authority, the City would probably have to go through a major state legislative initiative which is not easy and not necessary at this time. The real advantage of a port authority is that it allows a city to issue general obligation bonds without a referendum. In terms of what I am seeing with respect to economic/redevelopment priorities in the Stillwater, I am not sure that this option is very critical to the development/redevelopment effort. In that light, the consultant is recommending the formation of an EDA that automatically includes HRA powers, as well as EDA and HRA levy authority. As previously mentioned the City Council would serve as the EDA and existing staff would administer the EDA functions. Prior to establishing an EDA, the City Council and key staff members should participate in EDA education seminars to become more comfortable with the concept and its advantages. 2 As previously pointed out, the City has done quite well using its municipal development powers. However an EDA will help encourage a very comprehensive effort, as it allows the City to utilize a number of port authority powers as well as all the HRA powers. This approach provides a very flexible and aggressive tool for business assistance and development that would easily cover Stillwater's needs. The Minnesota Economic Development Foundation Handbook highlights a number of powers that an EDA can exercise which include: • Serve to promote businesses and to recruit new businesses • Issue revenue bonds • Acquire property • Purchase and sell land • Act as a limited partner • Exercise HRA powers • Make guarantees or other credit enhancements The process of establishing an EDA is not terribly complicated as it requires an ordinance and a public hearing. TOURISM Tourism and the events in the Community provide an incredible quality of life that supports economic development, as well providing overall significant economic fiscal impact. The typical tourism dollar generates $10 in revenue for every 1 dollar invested. Roughly $72,000,000 of gross sales within the City can be attributed to tourism ($657 million total gross sales). There are other bench marks that underscore the importance of tourism to a community. At a minimum, according to national figures, it can be assumed that tourism totals 8% of a city's gross domestic product (Stillwater looks to be closer to 11%) and provides a minimum of 9% of the community jobs. It can be assumed that someone staying overnight spends approximately $225 a day. On a basic city visit one can assume approximately $45 per day is being spent on meals. It is particularly impressive that even during Covid, the tourism website experienced a 4% increase in overall traffic. In discussions with the Convention and Visitors Bureau, the Chamber of Commerce and George Dierberger, the depth and breadth of Stillwater's events were clearly impressive. The effort to enhance winter activities is very impressive such as the lighting, the ice maze, balloon rally event, fat tire bike rally, etc. The one critical item that surfaced with respect to tourism with some of the interviewees was that it would greatly assist the effort to have a City events coordinator as a single point of contact. Events can often be complicated with street projects, policing needs, traffic flow modifications etc. Having a single point of contact would turn out to be extremely useful. The positive point is the City has also observed this need and now has a parks superintendent position that can help address the tourism and event needs. 3 BUSINESS VISITS Business visits are a very helpful and a cost-efficient economic development effort for cities. Maintaining a strong relationship and showing businesses that the City cares about them is extremely important. A visitation program not only establishes strong ties, but periodically a visit may result in finding out that a particular company is looking at expanding or moving from the City, and this gives the host city a chance to respond. There are many different approaches to business visits, however the consultant would recommend a very simple yet effective approach: A. The City makes an effort to visit 2 to 3 businesses per month. B. The program should initially commence with the Community Development Director conducting the visits. C. The visit is organized around just `stopping in' and having a talk. D. Potentially there may be a project in the area where there something that you would like to get the businesses' input, which they always seem to appreciate. E. This also gives the City the chance to learn if there are any pressing needs that could be addressed. F. After the meeting, it is critical that the City send out correspondence thanking them for the visit and informing them of any follow up activities taken by the City as requested by the business. G. It is absolutely essential that the City aggressively follow up on any needs that surface such as a pothole, a call from the police, etc. and to let them know of the follow up results if not obvious. Otherwise to visit and then do nothing can undo any positive relationship building that may occur. H. It does take time to set up these visits, thus this could be another responsibility as it relates to a new intern position. This does seem fairly simple, however the positive relationships and the image that this develops with respect to being a community that cares about its businesses is immeasurable. SITE CONSIDERATIONS There are a few other general approaches the consultant would recommend for the City particularly with respect to critical sites. The City already owns many critical sites downtown and may want to consider other sites that are deemed very important sites for the future. In the case of significant, important future sites, gaining control of the property either through an out right purchase, options, etc. can be crucial. It can be extremely difficult to move forward on a critical site when you have a landowner between the developer and the city. It is suggested that the City have critical studies in place on the priority sites that may include: 4 • A market study based on desired use • A soil study • A land survey • A wetlands delineation • A phase one environmental analysis As an option, the City may want to choose a fast track method that moves the project through the planning commission and Council at a faster pace. In some instances the planning commission can actually be avoided. This entails the process of developing design standards for a particular site where if met, the project can be moved along at a faster pace. This provides a competitive edge as time is money to developers. In many instances the City may wish to consider request for proposals based on a priority sites. MISCELLANEOUS As previously mentioned the City has modified the Community Development Director's job description to one of more economic and redevelopment, while utilizing existing staff to address more of the land -use issues. (Already completed as part of the recruitment process due to pending retirement of current Community Development Director). Also the City may want to consider an intern to help address and create some of the other programs and approaches as previously mentioned. Funding for a number of these efforts is doable. The City has some tax increment districts that could be used in creative ways to fund a number of projects. In addition in forming the EDA, the City has the opportunity to levy an EDA amount and an HRA amount. Finally, it is recommended that the City continually work with the Washington County CDA. The County has a vast array of resources and programs that can be very helpful in collaboration with Stillwater's efforts. SUMMARY The City of Stillwater is in a very strong position in terms of economic development and redevelopment. The City has a very desirable brand and a positive reputation that is enhanced by a charming downtown and an incredible series of events. The City has done well in terms of economic development through using its existing municipal powers, therefore a simple upgrade and basic enhancement of using an Economic Development Authority, which would be the Council, is a very reasonable approach to future development considerations. 5 iliwater THE B{ R T H P L A I; E OF M I N N F> 0 1 A CITY COUNCIL MEMO TO: City Council MEETING DATE: April 6, 2021 REGARDING: HPC Design Guideline Update and Policy Direction Discussion REPORT BY: Abbi Jo Wittman, City Planner As a reminder to the Council, the City has been awarded grant funding to consolidate and update its Heritage Preservation Commission (HPC) design guidelines. While the Code City specifically address what `shall' be done to a historic/potentially historic property when alterations are proposed, guidelines are the things a property owner `should' do. They are not required but, as a whole, represent ideal design scenarios for alterations proposed to potentially historic properties, neighborhoods, streetscapes, and designated sites, structures, etc. The goal of this project is to have a single set of unified guidelines that will apply to all historic and design review overlay districts. The City has contracted with HKGi and Landscape Research, firms that assisted the City in the 2040 Comprehensive Plan update as well as the preservation regulations overhaul conducted last year. They have provided City staff with an analysis of the City's existing historic and design review overlay districts, providing detail on areas needing change. They have also met with the Stillwater HPC to discuss the opportunities and constraints of the existing guidelines as well as to discuss areas where guidelines either need to be created or improved. Policy Discussion Items Downtown Design Review Overlay District Sign Design Permitting: Would the Council like to see administrative approval of signs in this design review overlay district? City Code requires all permanent signs in this district to obtain a Design Permit from the HPC prior to the issuance of a sign permit. Given the HPC meets one time monthly, it can take 30+/- days for a business owner to obtain a sign permit from the City. With improved City Code standards that require the design of new signs to meet City design expectations, these permits could be issued within a limited number of days after submittal of a sign permit application. Concern has been expressed that the quality of design could be reduced without HPC review. However, if appropriate and applicable design guidelines are converted to standards, it is easier for members of the public and staff to see the black -and -white law that applies to signage in this design review overlay district. Additionally, in 2013 City staff added a Consent section to the HPC's meeting agenda. The Consent agenda contains items more routine in nature; any member of the Commission or public can elect to remove an item from this portion of the agenda and discuss it. Nearly all Design Permit applications for signs have been placed on that portion of the agenda and a very limited number of those applications have been removed for discussion. Staff questions — would the Council like to see administrative design review of signs in this design review overlay district? If the City is not favorable to administrative review, some options could include: • HPC review for signs proposed only in the historic district • HPC review for signs that do not conform to the City Code standards • HPC review for some types of signs (i.e. awning, graphic design, etc.) Downtown Design Review Overlay District Residential Guidelines: Can the City s 2013 Draft Historic Residential Guidelines, or a portion thereof be applicable to alterations to residential structures located in both the Downtown Design Review Overlay District? The City has had the Downtown Design Review (Overlay) District (DDR) for several decades. This district encompasses the Stillwater Commercial Historic District and has been created to help protect the historic character and nature of the area — being that of the top of the `bowl' down to the river. While the most of the properties within the DDR are commercial, for which commercial standards have been developed, there are (approximately) 20 blocks of residences subject to HPC review for some type of alterations; however, no guidelines exist for residential alterations. These properties are represented with blue cross -hatched on the attached map. Fifteen years ago, the City created the Stillwater (Neighborhood) Conservation District (NCD) to protect the historic character of Stillwater's oldest neighborhoods threatened by demolition. Review in this district has been limited to new construction on vacant lots or lots vacated due to demolition. Guidelines created for that district governed the new construction, having little applicability for alterations — including for partial demolition. The 20 blocks, cited above, are all predominantly also located in the NCD. These 20 blocks of land require some level of HPC review when certain exterior alterations are proposed. Generally speaking, this is when some form of demolition is being proposed. However, in lieu of having applicable and appropriate guidelines, the design review process is difficult and — often — property owners do not know from the onset what is expected of them. In 2012 the City was awarded grant funding to explore the creation of its first residential historic district. As part of that grant work, the City drafted guidelines for the appropriate treatment to structures within historic districts. A copy of those guidelines is attached. The City has not yet adopted these guidelines as no threshold for when they would apply has been established. While the City does not have a residential historic district, alterations to residences in 20 blocks located in both the DDR and NCD have been applicable to HPC design review; these residential structures already have a level of review similar to residences located in a historic district if one existed. Utilizing the 2013 guidelines, or a portion thereof, for some alterations to these residences can continue to help protect the historic character of the downtown area. Can the City's 2013 Draft Historic Residential Guidelines, or a portion thereof, be applicable to alterations to residential structures located in both the Downtown Design Review Overlay District? If the Council is favorable to this approach, staff and the consulting firm will review which guidelines are most applicable. Ordinance Amendment Next Steps The consulting team anticipates May meetings with the Stillwater HPC, members of the downtown community, and residential property owners of those properties within the 20 block area identified. The project will be completed in July. Attached: Existing Historic and Overlay Districts Map Draft Historic Residential Guidelines A II ld!US p LEI ILO nE ME WlHancock St Stillwater - Existing Historic & Overlay Districts N Miles 0 0.13 0.25 0.5 Author: HKGi March 26, 2021 n DT Commercial Historic District DT Design Review District Neighborhood Conservation District 0 Stillwater Cultural Landscape District 0 South Main Street Archeological District • C� vvvvw ww v/ PRESERVING HISTORIC NEIGHBORHOODS DRAFT PRESERVING HISTORIC NEIGHBORHOODS DRAFT Chester Wilson and Ruth Moody Wilson, 654 S. Broadway, Stillwater, circa 19oo. Minnesota Historical Society DRAFT PRESERVING HISTORIC NEIGHBORHOODS STILLWATER HERITAGE PRESERVATION COMMISSION 2013 DRAFT CLEAN WATER LAND & LEGACY AMENDMENT MINNESOTA HISTORICAL & CULTURAL HERITAGE GRANTS Acknowledgements This project has been financed in part with Federal funds from the National Park Service, Department of the Interior, through the Minnesota Historical Society under the provisions of the National Historic Preservation Act as amended. The contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendations by the Department of the Interior. This program receives Federal funds from the National Park Service. Regulations of the U. S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assis- tance should write to: Director, Equal Opportunity Program, U. S. Department of the Interior, National Park Service, P.O. 37127, Washington, D. C. 20013-7127. The Minnesota Historical and Cultural Grants Program has been made possible by the Arts and Cultural Heritage Fund through the vote of Minnesotans on November 4, 2008. Administered by the Minnesota Historical Society. These guidelines were written by Daniel J. Hoisington with assistance from Robert Claybaugh, Claybaugh Preservation Architecture. DRAFT TABLE OF CONTENTS INTRODUCTION 1 A BRIEF HISTORY OF STILLWATER HOMES 3 ARCHITECTURAL STYLES 7 THE SECRETARY OF THE INTERIOR'S STANDARDS ... 19 RESIDENTIAL DESIGN GUIDELINES 23 NEW CONSTRUCTION 39 APPLYING THE GUIDELINES 43 GLOSSARY 47 FURTHER READING 52 ACKNOWLEDGMENTS 56 DRAFT • • „ • • • — • — ' • i , - - 4-4' .....-oe-4,...4.-,:e-or '" ."...---* - ' 47 • - t /4;,,T_ r , .-•-, . , # " 0'. : . - ,J,4'..- ,, - ..,., • , ...., N-Nz,.., s-6-„ .• .,;--/ ---t , ' *00 .., . ' -„, . ,,,. -•"' .....' '''',..• ' 1. , . , --. . • • ' .,,,1 .....,•••,••••••••A.,."'''''' " . , , .e -P•'' ' ' ....,.. , ... . -..._,..„..,.... ....i9;-' 1.1 - ----- .,„ ,E,CI,AryiS kr, C^ .1.40 DRAFT INTRODUCTION A� 4A4AIA�A.A,A�A,A!A•A1 •A1T t IIII IlJllllllllllllllllltlllllllllllll illlll Ill w ` Hospes Home, 4th and Mulberry,1921 Photograph by John Runk Minnesota Historical Society Opposite page: Bird's eye view of the city of Stillwater, Washington County, Minnesota,187o, drawn by A. Ruger. Library of Congress he City of Stillwater is a dynamic and vibrant community, nestled along the bluffs of the St. Croix River. Stewardship of the scenic beauty of the surrounding landscape is an import- ant value to the community, one of the things that make the city special for residents and visitors alike. In the same way, neighborhood character is an essential element of quality of life for Stillwater residents. It begins with a sense of place. Stillwater's neighborhoods are each unique, shaped by the city's dramatic terrain with its steep ravines and high bluffs. In turn, builders altered the landscape to better suit their needs, laying out residential lots on a grid pattern when feasible and moderating the slope of city streets. As one writer observed in 188o, Stillwater's deepest ravines had "nearly disappeared... . However this may be, a full equiva- lent for beauty lost is paid for utility gained. Enough is left to mark this still as a point of rare beauty." These historic neighborhoods, with the natural boundaries of ravine and bluff, help to enhance community stability, reinforce desirable social patterns and networks, and contribute to a sense of reassurance and security. Many local residents, for example, note how easily they get to know their neighbors, and enjoy the fact that they are recognized by others who live in the vicinity. That's why neighborhood preservation is so important. There's an economic benefit as well. While you can always build a new house, historic resources are finite and cannot be replaced, making them precious commodities. Preservation enhances the attraction and apprecia- tion of the streetscape and surround- ing homes. In this way, a historic neighborhood establishes a climate for enhanced stability, civic pride, and further personal investment in the area. Studies across the nation have documented that when historic neigh- borhoods are properly preserved and maintained, property values typically appreciate faster, or at very least are stabilized where they might have been previously declining. 2 lua&, .//�1.�imneaa7 PRESERVING HISTORIC NEIGHBORHOODS Residents also know that the time and money they spend on improving their properties are likely to be matched with similar commitment and efforts by surrounding property owners. Your investments will not be undermined by oversized or otherwise inappropriate construction next door, or nearby. A historic neighborhood tends to have a multiplier effect in terms of community character and desirability. "These old buildings do not belong to us only; they have belonged to our forefathers, and they will belong to our descendants." William Morris Neighborhood preservation begins with the care of your own property. Most of the historic structures in the city are of high construction quality. Indeed, many residents and busi- nesses are drawn to historic buildings because the quality and richness of their design, construction, craftsman- ship and materials, make for a sound investment. Preservation keeps alive strong Stillwater traditions in building and craft skills, due in part to the impact of the lumber industry. When people moved here from eastern states and other countries, they often brought with them centuries -old traditions in construction and the arts. This combi- nation of culture, sophisticated design and traditional craft skills is reflected in the nineteenth century development of the city. These were people who knew wood and learned the craftsmanship needed to turn it into a finished product. As the Minnesota Pioneer stated in 1848, "Stillwater can boast of as good build- ers as any other town, as they make abundantly evident by their works." The wood used in many of the city's old homes came from mature old growth trees. It was carefully seasoned and typically milled to full dimensions, yielding stronger and more durable framework, cladding, windows, trim and details. Wood was not the only native mate- rial. Frederick Steinacker founded Stillwater's first brickyard in 1859. Local clay deposits burned a yellow brick that was used extensively, in addition to "imported" red face -brick. Locally quarried stone also played an import- ant role in the city's construction. Foundations and walls were carefully laid, resulting in buildings with consid- erable stability. The city's historic buildings were thoughtfully and traditionally detailed, while the materials and finishes, including fixtures, wood floors, doors, and trim were generally of high quality. These characteristics are now increas- ingly rare, and highly sought and appreciated. Preserving a historic structure also makes sound environmental conserva- tion policy and practice. Maintaining the use of a building is the ultimate in recycling since no demolition waste is generated, no processing of materials is required, and no energy consumed. No new construction materials are required, avoiding the energy, waste and pollution from manufacturing, and avoiding energy use for transpor- tation and construction. Restoring and remodeling historic homes can be a daunting task. Knowing what to do — and what not to do — to both preserve and renovate a historic house should be informed by well -understood design standards and practices. Preserving Historic Neighborhoods offers practical tools and resources for renovating traditional houses. They are intended for the homeowner who is interested in making improvements, DRAFT yet wants to preserve the original exte- rior design of their house. This booklet includes a brief intro- duction to the history of Stillwater's neighborhoods, plus a look at archi- tectural styles commonly found in the city. It is helpful to understand the context of why the city's homes look the way they do. Preservationists often refer to "defining features" — the key elements that give a building its char- acter. The guidelines are illustrated with drawings of common architec- tural details. The photographs are of Stillwater houses, except as noted. The next chapters detail the practical issues of rehabilitation. The standards of the preservation community are explained, followed by specific details to help you through the decision -mak- ing process. Finally, this book offers additional resources that can help you with your home rehabilitation. DRAFT A BRIEF HISTORY OF STILLWATER'S NEIGHBORHOODS Wilson and Lee Families, 654 S. Broadway, around 1900. Minnesota Historical Society lthough the lift bridge over the St. Croix River and the bustling commer- cial district are the popular images of Stillwater, its historic residential neigh- borhoods play a significant role in defining the city's quality of life. "The effect of these attractive places;' noted historians Warner and Foote in 188o, "and the public buildings on the rising bluff, when seen from the lake, is very striking:"' In 1848 John McKusick platted a forty-six block grid -plan town - site. Describing the city in 1857, one observer commented that Stillwater's bluffs "retreated from the lake in the form of a semi -circle;' and reported that the townsite was placed only a few feet above high water mark, and compared the city's steep grades ascending from the river to those in Quincy, Illinois or Natchez, Mississippi. Historian Emma Glaser wrote that with its bowl -like enclosure and high bluffs slashed with ravines, Stillwater was not a choice site for a town, but a "perfect situation for sawmills."2 The sawmills and the lumber indus- try as a whole drew people to settle in the St. Croix valley. Stillwater began to experience a subnstantial demand for building lots in 1853, developing in 1855 into a boom that lasted two years until the Panic of 1857 rocked the nation's economy. In 1855 the popula- tion did not exceed 1,000, housed in some ninety houses. Two years later in 1857, just before Minnesota became a state, dwellings in Stillwater numbered three hundred and forty eight, with forty-five buildings occupied by stores, hotels, etc. The population was around 2,500 3 Few examples of residential archi- tecture remain from that first period. These earliest homes were typically small wood -frame dwellings. These homes were influenced by the Greek Revival style and were relatively simple and plain, lacking exterior ornamenta- tion. Notable is the Penny -Brunswick House at 114 E. Chestnut Street. Following the Civil War, as historian Edward Neill wrote, "Another boom occurred, followed by building unpar- 4 e 9i ss , ./�t!i/r4n€Qo PRESERVING HISTORIC NEIGHBORHOODS alleled by anything in the history of the city." As population grew, residential neighborhoods developed away from the riverfront, primarily in the North and South Hill districts. By 1870, with about 4,00o inhabitants, Stillwater was the largest settlement in Washington County. From its "commanding posi- tion" at the head of Lake St. Croix, one observer described it as "the commer- cial and manufacturing center of the entire St. Croix lumbering district:'4 The impact can be seen on two birds' eye view maps of Stillwater. The 1870 map shows the townsite split by wooded ravines, and the beginning of significant residential development is evident: between 187o and 1871, more than 200 houses were erected. By 1879, the date of publication of the next bird's eye view, the ravines are edged by residential development, and the commercial district is filled with river - front mills, rail yards, and landings.5 The homes built between 1865 and i9oo followed the popular architectural trends and present an eclectic array of housing styles and sizes. Modest structures can be found next door to elaborate mansions. Great architectural variety is evident, from small Greek and Gothic Revival cottages to large Queen Anne houses complete with carriage houses. The visual richness of the area is testament to the nation- ally -distributed pattern books that detailed elaborate houses for execution by local carpenters and masons. The quality of the city's homes was a direct result of local access to quality building materials. The first dwellings and outbuildings were constructed from the wood or stone, but the north- ern forests and the establishment of sawmills soon provided local build- ers with a supply of cheap lumber. Not surprisingly, most homes were constructed with wood frames and siding. Wooden shingles were the common roofing material for all types of buildings constructed before i9oo; afterwards, houses were sheathed with asphalt or asbestos shingles or, in a few instances, with rolled metal sheeting. Limestone and sandstone were also quarried locally and were an important building material, although relatively few stone masonry buildings were built. Concrete block became popular after 1910 for foundations and retain- ing walls. The people who came to live in Stillwater in the latter half of the nine- teenth century also shaped the neigh- borhoods. Unlike many towns, local residential areas blended ethnic and economic groups. Among the earliest settlers were Old Stock Yankees — nRAFT Isaac Staples' home (on the hill) and sawmill. A. T. Andreas, Minnesota State Atlas, 1874 men and women who migrated from New England or New York State, typi- cally a generation or more away from immigrant status. Beginning in the 184os, thousands of European immi- grants came to the United States and headed west, attracted by the undevel- oped lands of northwestern Wisconsin and Minnesota. With excellent trans- portation to Stillwater available via steamboats up the St. Croix, Germans, Irish, and Scandinavians came to Washington County in great numbers. During the middle and late nineteenth century, each year, hundreds crossed the Stillwater levee or disembarked the trains at the Union Depot, often head- ing to cities and farms to the north and west. A significant number stayed in Stillwater, creating a rich cultural milieu. One writer described the city's population mix in 1870 as "four -tenths American, two -tenths Irish, two -tenths German, one -tenth Scandinavian, one -tenth French, Scotch, etc:' Immigration reached its peak by the 189os after which the arrival of foreign- born newcomers to Stillwater declined steadily.6 By World War I, the lumber industry had fallen on hard times, as the forests of northern Wisconsin and north- eastern Minnesota were depleted of timber. Population declined, leaving a substantial housing stock and less need for new residential construction. That is apparent in the architectural styles, since the city has relatively fewer examples of Colonial Revival, Dutch Colonial, Tudor Revival, bungalows, and Foursquare homes than might be found in other Minnesota towns. As you go farther from the central down- town, you'll begin to see an influx of ranch houses and modern minimal- ist suburban homes, attesting to the renewed growth of the city after World War II. Stillwater has never been frozen in time and that is reflected in its new housing stock. In recent decades, there has been a good deal of housing development on the outskirts of the city, and a substantial population that commutes daily to the Twin Cities. More recently, development has focused on medium -density housing, such as condominium complexes, on the north side of downtown. i George Warner and Charles Foote, comps. History of Washington County and the St. Croix Valley (Minneapolis: North Star Publishing, 1881), 513. 2 J. Wesley Bond, Minnesota and its Resources (Philadelphia: Keen and Lee, 1857), 158; Emma Glaser, "How Stillwater Came to Be;' Minnesota History 24 (Sept. 1943), 203. 3 Edward D. Neill, History of Washington County and the St. Croix Valley (Minneapolis: North Star Publishing Company, 1881), 547. 4 Neill, 547; Barbara J. Henning, Cultural Resource Investigation St. Croix River Bridge. Prepared for the Minnesota Department of Transportation, St.Paul, Minn. Final Report, August 1999, 25. 5 Norene Roberts and John A. Fried, Historical Reconstruction of the Riverfront: Stillwater, Minnesota. St. Paul: U.S. Army Corps of Engineers, St. Paul District, 1985, 32-39; Alfred Ruger, Bird's Eye View of the City of Stillwater, Washington County, Minnesota, 1870 (Chicago: Merchants' Lith. Co., [1870]); Alfred Ruger, Panoramic View of the City of Stillwater, Washington County, Minnesota, 1879, Looking North West (Madison, Wis.: J. J. Stoner ; Milwaukee, Wis.: Beck & Pauli, Lith., [1879]. Reprinted by Empson Archives, Stillwater, Minnesota.) 6 Robert Vogel, Stillwater Historic Contexts: A Comprehensive Planning Approach. Prepared for the Stillwater D AFT 5 SAE HILL i CT. N. w LINDEN .F'[ T. e POPLAR y . V. KURE ST. '1ST . NG LN C1 OTTER CANS SYCA RE r, CROI%AVE. ✓ PINE 4010 k ATER ,V;LL FD CHI Eli T. T LL ORLON STILLWATERNEIGHBORHOOD HISTORIC ARCHITECTURAL SURVEY A - DUTCHTOWN ADDITION B - CARLI AND SCHULENBURG ADDITION C - STAPLES AND MAYS ADDITION D - NORTH HILL (ORIGINAL TOWN) E - GREELEY ADDITION F - SOUTH HILL G- HOLCOMBES ADDITION H - WEST HALF OF THE CHURCHHILL, NELSON, SLAUGHTER ADDITION I - EAST HALF OF THE CHURCHHILL, NELSON, SLAUGHTER ADDITION J - HERSEY STAPLES ADDITION The Stillwater Heritage Preservation Commission has completed a series of neighborhood surveys.This information, with detailed descriptions and histories of many of the city's oldest homes, is available on the city website. 6 /11ei;ndzi-aa& PRESERVING HISTORIC NEIGHBORHOODS J. E. Poirier Home 1015 No. ist Street, i9o5 Minnesota Historical Society DRAFT DRAFT STILLWATER'S ARCHITECTURAL STYLES Captain Ralph J. Wheeler, whose house was located at 118 E. Linden, was one of Stillwater's earliest residents. His home, located at i18 E. Linden, burned in a fire on June 1, 1898. tillwater's homes display a wide variety of architectural styles. "Style" is defined as those consistent qual- ities and features that link different elements together into groups. While buildings of a similar style provide continuity to a neighborhood, in Stillwater, neighborhoods show differ- ences in style, creating visual variety and help to distinguish one home from another. These differences result from what was popular at the time of construc- tion, or the whim of the designer, builder, or owner. Learning about the style of one's home can help answer many preservation questions, includ- ing those regarding original treat- ments, color schemes, and what should replace missing elements. Many of the first structures built in Stillwater were vernacular workers' houses, designed and built by local carpenters. Labor was cheap, but mate- rials expensive, so the houses were often small, 1-1/2 stories, with gabled, wood shingled roofs. Most original houses were simple rectangles, but soon porches and other additions were made to increase living space, forming the familiar "L" shaped plans that we see today. With the use of architectural pattern books, more sophisticated styles popular in other parts of the country became common in Stillwater. Greek Revival, Italianate and Gothic Revival were among the first to take root in the 185os-188os, followed by the popular "Victorian" styles in the 188os- 19oos, including Second Empire, Stick Style, and Queen Anne. The following pages introduce and briefly describe several of the most common styles seen in Stillwater. To learn more about local architectural styles, visit Stillwater's Heirloom and Landmark Sites website at: http://www. stillwater-mn.org/hpc/Sample_inter- face/Categories/homeo3. 8 c�ass�ua .ia& PRESERVING HISTORIC NEIGHBORHOODS Greek Revival 1845-188o The Greek Revival style in America appeared after Greece won indepen- dence from Turkey in 183o. Americans identified with the Greek ideals of democracy but its ready acceptance may also reflect the Yankee instinct for a straightforward architectural style. Its stylistic elements could also easily be milled and shaped by available tools in rural areas. As a result, Greek Revival was spread by carpenter -builders through pattern books but this style also found favor with a growing number of trained architects in the country. The Greek temple form of Doric, Ionic and Corinthian columns became the order of the day as well as the dominant architectural style from i83o to 186o. Many of the city's streetscapes have Greek Revival traits such as gables facing the street, definitive corner pilaster trim, wide eave returns, wide frieze boards and window head trim with mold cap. Characteristics may include: • Primary low-pitched gable roof with returns at the eaves • Square or rectangular plan • Prominent, proportional columns and pilasters • Secondary (flat) roofs over porches; portico at entry • Entry door with sidelights and narrow transom • Simple, flat trim at corners and frieze board beneath eaves • Evenly spaced windows The Andrew and Anna Olson house at 107 E. Laurel is one of the city's best examples of Greek Revival architecture. DRAFT STILLWATER'S ARCHIDRASFLT 9 Gothic Revival 1845-188o The Gothic Revival style is part of the mid-19th century picturesque and romantic movement in architecture, reflecting the public's taste for buildings inspired by medieval design. This was a real departure from the previously popular styles that drew inspiration from the classical forms of ancient Greece and Rome. While distinctly different, both the Gothic Revival style and the Greek Revival style looked to the past, and both remained popular through- out the mid 19th century. The Gothic Revival style in America was advanced by architects Alexander Jackson Davis and especially Andrew Jackson Downing, authors of influential house plan books, Rural Residences (1837), Cottage Residences (1842), and The Architecture of Country Houses (185o). This style was promoted as an appropriate design for rural settings, with its complex and irregular shapes and forms fitting well into the natural land- scape. Thus, the Gothic Revival style was often chosen for country homes and houses in rural or small town settings. Characteristics may include: • Steeply pitched roof • Pointed arches as decorative element and as window shape • Front facing gables with decorative trim (vergeboards or bargeboards) • Porches with turned posts or columns • Gables often topped with finials or crossbracing • Decorative crowns (gable or drip mold) over windows and doors • Castle -like towers with parapets on some high style buildings • Carpenter Gothic buildings have distinctive board and batten vertical siding. 10 Italianate 1850-1885 .14;?,neQo& PRESERVING HISTORIC NEIGHBORHOODS The Italianate style was modeled after the medieval farmhouses of the Italian countryside.It was very prevalent within its period of popularity, and especially dominant in the period from 1855 through 1880. Since it was easily adapted to numerous building forms, it became a popular style for urban and rural residences and commercial and institutional buildings. The Italianate style is especially identified as the common architectural theme of mid- to late-19th century commercial buildings that lined the main street of many American cities and towns. The Italianate style was also commonly used for the construction of homes, again easily identified by their common bracketed cornices and long, narrow windows. Some decorative elements were of cast iron, a newly developed technology in this period. Typical characteristics: • Square or asymmetrical plan, sometimes with projecting bays • Hip or gable roof, sometimes with a tower or cupola • Narrow clapboard, brick, or limestone exterior and a limestone foundation. • Symmetrical arrangement of the windows and entry • Long narrow windows, sometimes with arched hoods and two -over -two sashes •Deep cornices at the roofline, with ornate wooden brackets •Porches with slender columns resting on low pedestals and brackets •Original color schemes were often based on natural hues imitating stone, stucco, and brick. DRAFT STILLWATER'S ARCHID Queen Anne 1870-1900 This widely -popular architectural style was introduced by British architects in the late nineteenth century. Queen Anne houses are defined by their form and by their articulated surfaces. Broad front porches, sometimes rounded wraparound type, play off the bold, asymmetrical facades featuring bay windows, corner turrets, and a variety of gables. The style is elaborated with spindle bands, cantilevered wall sections, and bands along wall mid -sections that separate different siding types. In Queen Anne houses, architectural elements create relationships between solid forms, heightened with light and shadow. Bay windows protrude, roofs and gables intersect, and porches extend outward with openness framed by columns. Although these architectural concepts of form and space were more fully realized in the twentieth century, they played an important role in the evolution of American residential architecture. Characteristics may include: • Steeply pitched roofs, intersecting gables • Roof and exterior walls of irregular form • Vernacular houses have a major front gable • Walls have trim bands, slight wall offsets and overhangs • Porches may be full across the front, partial or wrap -around. • Multiple types of siding materials • Multiple window types and sizes • Elements from previous styles, such as Ionic columns,pediments from Greek Revival, or Palladian windows AFT 11 12 dLedm-aa& PRESERVING HISTORIC NEIGHBORHOODS 19th Century Vernacular 1845-1910 Nineteenth century vernacular houses of the nineteenth century are numer- ous in Stillwater, modestly sized, and of simple construction. They may have been designed by carpenters or by the owners themselves, and built with locally milled and manufactured products. These houses originally had mini- mal ornamentation and often have very simple plans and elevations. Local examples are often 1-1/2 stories. Characteristics may include: • Front gable or side gable • Rectangular or L-shaped plans • Close proximity to neighboring houses • Minimal ornament - of standard millwork (turned or stamped) • Standing seam steel roof material or wood shingles • Receding or minimal additions at rear • 2 over 2 double -hung windows, vertically proportioned • Chimney in center between rooms The two most common forms of vernacular residential architecture were the front -facing gable, above, and the gable and ell, right. DRAFT ,mn:nt�nm:, .. ., s`'00. STILLWATER'S ARCHID Second Empire 1845-1875 The Second Empire style, sometimes called the French Second Empire style or Mansard style, was an immensely popular style throughout the United States in the 186os and 187os. It was used extensively in the northeastern and midwestern parts of the country. The Second Empire style had its beginnings in France, where it was the popular style during the reign of Napoleon III (1852-7o), commonly referred to as France's Second Empire. The style draws on an older tradition, the seventeenth century designs of French architect Francois Mansart, for whom the mansard roof is named. The mansard roof is the key identifying feature of this style and was considered both a fashionable and functional element since it created a fully usable attic space. Characteristics may include: • Mansard roof • Patterned shingle roof • Iron roof crest • Decorative window surrounds and dormers • Eaves with brackets • One story porch • Tower • Quoins • Balustrades AAPT 13 14 d n4zeJa? PRESERVING HISTORIC NEIGHBORHOODS Stick Style 1870-1890 The Stick Style became a refined adaptation of Medieval building technique. It translated wall structural timbers into decorative elements on wall surfaces. Other components such as brackets, protruding cornices and gables likewise served as display elements instead of as load -bearing structures. Stick Style applied ornamental features to create complex patterns in high style houses, while vernacular dwellings applied a limited number of these elements to catch the eye. Characteristics include: • Steeply pitched roofs, with a main gable on the facade, often with cross gables and smaller gables. • Wall surfaces that feature patterns of horizontal, vertical and diagonal boards reminiscent of Medieval half-timbering. • Structural elements that emphasize vertical effects, with things such as bay windows or trim elements. • Prominent front porch, open type, with railings; lathe -turned columns and balusters. • Vertically -oriented windows; main windows often have stained glass in upper sash. DRAFT STILLWATER'S ARCHID AFT 15 Foursquare 1900-1930 Prior to the advent of the Prairie Style, several plan books offered vernacular styles emphasizing simple cube -like houses with hip roofs and broad front porches, using Colonial Revival elements in a somewhat minimalist fashion. Called "Prairie Foursquare;' thousands of variations of this style were built in towns and cities, and on farms throughout all parts of the Midwest. A small number occurred as moderated high style. Prairie Foursquare's period of significance was in the late nineteenth century and in the first two decades of the twentieth. This style represents the evolu- tion of American housing production. With the introduction of industrialized pre-cut lumber in the mid -nineteenth century, it was possible to build more houses faster. Housing construction became more efficient and this in turn brought down the cost of housing. Characteristics may include: • Square or nearly square floor plan. • Front facade is symmetrical, but the entrance door may be off set. • Hip roof, pyramidal -shaped, with front dormer; side dormers; eaves are often flared at edges. • Front porch extended nearly the full width of the front facade, even with an off -set entrance door. • Wood lap siding or stucco. • Ornamental detail found in a few specific areas, such as Colonial Revival elements in attic roof dormer face or dentillated frieze band at porch or main roof frieze board. • Evenly spaced windows 16 laZta* ./ir�eeQa& PRESERVING HISTORIC NEIGHBORHOODS Twentieth Century Revivals 1895-1920 In the early twentieth century, residential architecture turned for inspiration to historic antecendents. Classical Revival Style houses (right, top) were popular with builders in turn -of -the -century Stillwater. Steeply -pitched hip or gable roofs, a broad front porch with columns are standard features, as are three-part windows in gable ends, and oval windows with simple trim were also popular. For domes- tic architecture, the Classical Revival represented a return to regularity and order after the heavily -decorated Italianate and Queen Anne styles waned in popularity. During the second half the 19th century, Tudor -style architecture (lower right) was revived in Great Britain. Eventually, the style made its way to the United States during the last quarter of the nineteenth century where it was incorporated into homes across America for about fifty years. The essential characteristics of a Tudor Revival house usually include the use of half-tim- bering, oversized fireplaces, and the use of brick and stucco siding. Roofs are steeply pitched, and dormers and overhangs are common. The Mission Revival Style (lower left) was an architectural movement, which drew inspiration from the late eighteenth and early nineteenth century Spanish missions in California. Smooth plaster siding, broad overhanging eaves, exposed rafter tails, arched doorways and windows, and a red tile roof define Mission revival. DRAFT STILLWATER'S ARCHIERAAFT 17 Craftsman 1910-1940 The movement to sweep away almost all ornament began in late nine- teenth-century England. The Arts and Crafts movement promoted simpler structures, emphasizing functional components and deemphasizing orna- ment. Humble materials and architectural design that sought to expose the craft of construction replaced decorative features. Americans had been prepared for this idea of simple dwellings and utilitarian structures by the Shaker religious communities in the early nineteenth century. These arti- san -builders crafted their buildings with a sense of minimalism. Function was design's sole purpose. About this time Japanese design influ- ence, similar in simplicity to the Shaker movement, came to America. From the English colony of India came the design for a simple dwelling named the "bungalow"— a Hindi word meaning "shelter." Characteristics may include: • Wide low-pitched roofs and wide overhanging eaves. • Houses sometimes set with width parallel to the street, with porches partially covering the house front facade. Roof dormers facing the street may be gable or shed dormers. • Style features of Arts and Crafts houses exaggerated in comparison to Craftsman houses. Upper sections of gables show simplified stick work, with vertical members resting on a horizontal beam. • Two story Arts and Crafts houses often feature a belt course, a wide trim member topped with a drip cap that makes a visual division between first and second floors; first floor narrow lap siding, wider lap or shingles above. • Beam ends facing outward, top member of triangular braces often extend slightly with shallow beveled ends. 18 dLedze6a& PRESERVING HISTORIC NEIGHBORHOODS Postwar Housing 1946-1970 After World War II, the G.I. Bill, changes in home mortgages, and the expansion of the Interstate Highway system, combined with the so-called baby boom to create a huge demand for new homes. The ranch style, with its roomy interior and "easy living" connotation, appealed to the post -World War II generation. Because of the Depression and the war, Americans had been deprived of consumer goods for fifteen years. During this period the home-building industry was at a standstill, but after 1945, the pent-up demand, coupled with the provisions of the G.I. Bill, led to an explosion of single-family home construction. Sometimes referred to as a "rambler;' ranch style homes were built in great quantities. There were also new homes that followed principles of the Modern Movement with an increased use of horizonal lines and glass walls. Characteristics include: • flat or slightly pitched roof • prominent, built-in garages • one story • decorative iron or wooden porch supports • asymmetrical massing and forms • metal or wood window frames • use of flagstone for decorative purposes, such as planter boxes DRAFT DRAFT THE SECRETARY OF THE INTERIORS STANDARDS he principles behind these guide- lines are based on consistent national standards grounded in years of expe- rience. On the national level, the Department of the Interior super- vises federal historic preservation programs, including the National Register of Historic Places and the Historic American Buildings Survey. In addition, the National Park Service falls under the Department's auspices, requiring careful management of the thousands of historic structures within that system. Over the years, the Department developed a set of common-sense principles to guide care of those buildings. Before looking at the standards, it helps to distinguish between the possi- ble approaches to a historic structure. • Preservation focuses on the main- tenance and repair of existing historic materials and retention of a property's form as it has evolved over time. • Rehabilitation acknowledges the need to alter or add to a historic prop- erty to meet continuing changing uses while retaining the property's character. • Restoration depicts a property at a particular period of time in its history, while removing evidence of other peri- ods. • Reconstruction recreates vanished or non -surviving portions of a prop- erty for interpretive purposes. The Secretary of the Interior's Standards for the Rehabilitation of Historic Properties are the benchmark to work toward when rehabilitating historic properties in Stillwater. The Design Guidelines, found in the next chapter, follow the recommendations set forth in the Secretary's Standards, but are written to be more specific and applicable to Stillwater's historic resources. The ten standards are inter- preted below: i. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. This standard is most significant if you are converting a commercial space into a private residence or office. When a store becomes a home, it is often adapted by enclosure of the storefront, changing the visual flow of the street and making it less friendly to pedestrians. The key point to remem- ber is to avoid the loss of character -de- fining features and significant historic spaces as you plan for future rehabili- tation. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alter- ation of features and spaces that charac- terize a property shall be avoided. The first step in evaluating your historic property is identifying its distinctive materials, features, and spaces. Evaluate the condition of existing historic materials to decide whether materials will be repaired, maintained, or replaced. This will help you understand what is important to preserve as you prepare your plans for future repairs, maintenance, or alter- ations. Aim to preserve the functional and decorative features that define the character of the building, such 20 C%' +LGLLl j d z,;,. 2€Q& as historic windows, doors, columns, balustrades, stairs, and porches. Also, consider the relationship of the house and outbuildings to paths, sidewalks, and significant historic landscaping. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. It is best to avoid the generic "ye olde shoppe" and stick with the original design. Study the building for what it is, learning its date of construction, its architectural style, and the stylistic features that are characteristic of that style. Keep this information in mind when making decisions about replac- ing missing elements or adding to the house. If the building is Italianate, it is inappropriate to turn it into a Colonial Revival storefront with details like fanlights, pilasters, or pedimented doorways. Fancy "gingerbread" work doesn't fit correctly on a 193os service station. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. PRESERVING HISTORIC NEIGHBORHOODS A building constructed in i890 will almost certainly have been altered, even if only to install bathrooms and modern kitchens. A cornice could need major repairs, or even replace- ment, in twenty-five years if it has not been well maintained. Some such alterations may now be historically significant themselves and should not be readily discarded to create a pristine "original" building. For example, if you have an 1.890 building that was remod- eled in 1918 to give it a "Craftsman" look, you may want to retain the historic alterations. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a prop- erty shall be preserved. Every historic building contains materials and finishes that are unique to its style and period of construction. This might be the tongue and groove board floor of a Italianate display room or the heavy Kasota stone lintels of a Queen Anne building. This is espe- cially important if the building uses Stillwater -made brick. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, DRAFT The brackets and dentils under the eaves, and Ionic columns make this house distinctive and shoulde be preserved. the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. With a little detective work, you can determine the physical history of your building. Historic images will help you identify if the building has been altered, and is missing a distinctive feature like brackets or decorative shingles. The Washington County Historical Society and previous owners are good sources for historic photo- graphs. You may also be able to find clues on the building itself, such as paint shadows, nail holes, or patching in the siding, suggesting that a historic feature has been removed. When you replace missing or heavily deteriorated features use materials of the same size and shape as the originals. . Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appro- priate, shall be undertaken using the gentlest means possible. Never sand blast historic building materials to remove paint. This will result in pitting and texturing of the materials, particularly wood and brick. Sand blasting has been known to hasten deterioration of historic materials. Pressure washing with water at a low pressure can be an effective method to clean a historic house and prepare it for painting. Avoid pressure washing at a high pressure because it can damage historic materials, or force water into the interior cavities of a house, particularly around windows. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. This guideline is less applicable to Stillwater. However, the townsite was one of the earliest Euro-American settlements on the upper Mississippi River, so care should be given to any artifacts uncovered during construc- tion or excavation. You might find evidence of an outbuilding foundation, or a past burn barrel on your property. It is important to recognize and docu- ment, with photographs and drawings, such discoveries. While pieces of broken glass, metal, crockery, or old marbles are exciting to discover, these are generally not considered significant archeological resources. THE SECRETARY OF THE INTER AFDT 21 16 1 r�14 LJ ,9l1 j J r of MAY 1904 STI LLWATE 6 MINM. II I VI 1 ld n 26 15 7.Q 13 Zi I t cS - D z D D 2 0 E R r ' VF s� sxs ,.T/77 /." 9 Do a little detective work at the Washington County Historical Society. Sanborn Insurance Maps, completed periodically between 1884 and 1956, help researchers trace the changes to a home. 22 laitua , .//�1�imneel aZz 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that char- acterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the prop- erty and its environment. When adding to a historic propertiy, you should weigh how the addition will complement the historic building, the site, and surrounding neighbor- hood. Most preservationists prefer that an addition simply be compatible in terms of mass, materials, and color. The design can be contemporary, or reference historic elements of the building, but should not be a slavish reproduction of the original building. There is no need to confuse the historic with the contemporary. Placement is also vitally important. Typically, a new addition should be placed on a rear or side elevation to PRESERVING HISTORIC NEIGHBORHOODS limit the visual impact from the street. The size and scale of new additions should harmonize with the historic building. io. New additions and adjacent or related new construction shall be under- taken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. An addition should be designed so that it will become a significant part of the building's history over time, which means using quality design and materials. A new addition respects the historic building to which it is attached, and does not obscure, damage, or destroy character -defining details, like a bay window or brackets in the eaves. Keep in mind the idea that if the addition is removed in the future, it should be possible to rehabili- tate the building to its original form. DRAFT DRAFT RESIDENTIAL DESIGN GUIDELINES he following design guidelines are based on nationally accepted principles for preservation and apply to historic resources across the city. These might seem like a long list of rules, but think of them as best practices, learned through many years of experience . The guidelines provide a basis for making informed and consistent decisions about the rehabilitation and treatment of historic resources. They also serve as an informational, educational and plan- ning resource for property owners and their design professionals who seek to make improvements which may affect historic resources. The key is to take your knowledge to define the historic characteristics of your home. What makes it special? Then work to preserve what is there and properly replace elemnts that have deteriorated beyond repair. If the project seems complicated, you can enlist the assistance of qualified design and planning professionals, including architects and preservation consul- tants. Sometimes even abrief consultation can clarify issues and provide relatively inexpensive solutions. 24 Entries d-e4;neaa& PRESERVING HISTORIC NEIGHBORHOODS The entry —including the door, the door surround, and sometimes sidelights and a transom —is usually the focal point of the facade. The size of the entry is directly related to the mass and scale of the building. As with windows, any alteration to size, shape, or trim details can have a detrimental effect on exterior appearance. As a character -defining feature, whenever possible, historic doors should be repaired rather than replaced, espe- cially on principal elevations. 1. Maintain and Conserve Wherever feasible, the features of historic entries should be repaired rather than replaced, especially on principal elevations. 2. Size and Shape Historic entry openings should not be enlarged or reduced to fit a new door. New entry openings should not be introduced into principal eleva- tions, and new openings and doors should be compatible with existing historic units. 3. Trim Original or historic features of the entry, including hoods, columns, side- lights, fanlights, and transoms and hardware should be retained. If replace- ment is necessary, historic trim details should be retained. 4. Doors Wherever possible, historic paneled doors (and hardware) should be repaired and weather-stripped rather than replaced. If replacement of orig- inal or historic doors is necessary the replacement should be compatible with the material, design, and hardware of the older door. Steel -covered hollow core doors should not be installed unless they are compatible with the appearance of the house. Historic trim should not be removed for the installation of steel doors. 5. Sliding Glass or French Doors Sliding glass or French style doors should be confined to the rear of the building where they are not visible from the public way. 6. Storm and Screen Doors; Security Doors Storm doors should be compatible with the inner door in shape and style. Historic trim at the entry should not be removed for the installation of grill -style security doors. DRAFT 222 This is a good example of a double door with an arched transom. Wood Siding Stillwater's historic residential build- ing stock is primarily of wood frame construction, and most buildings were originally clad in wood siding (clapboards). A few houses are clad in wood shingles, but in most cases shin- gles were used decoratively in gable ends. Underneath layers of old asphalt, aluminum or vinyl siding, historic siding and other details sometimes remain intact. Often, this historic wood siding can be successfully restored by cleaning, replacing broken or deteriorated pieces, scraping and priming as necessary, and painting. RESIDENTIAL DE RAFT 25 1. Repair Wood siding should be maintained with paint. Deteriorated wooden siding should be replaced with new wood siding resembling the original in width, thickness and profile, and texture. New siding should be installed with the weather (exposed surface) identical to the original. Siding should be installed horizontally except in those instances where vertical or diag- onal siding was used on the original exterior. Appropriate corner boards, frieze boards, drip caps, and other features should be included with new siding. 2. Vinyl and Aluminum Siding; other Manufactured Products Buildings originally clad in wood siding should not be resurfaced with brick, stucco, artificial stone or brick veneer, or vinyl or aluminum siding. If the historic siding is unsalvageable, replacement with a product such as Hardiplank may be acceptable. 3. Shingles Buildings originally clad in horizontal wood siding should not be resurfaced with shingles of wood or other material. Wood shingles used for cladding material or decoration, such as in the gable ends, should be retained in repair or resurfacing. Deteriorated wooden siding should be replaced with new wood siding replicating the original in width, thickness and profile, and texture. 4. Decorative Siding Treatment Decorative siding treatments, such as paneled herringbone patterns or shingles applied to gable ends, should be retained in repair or resurfacing. S. Painting Exterior wood surfaces should be maintained with appropriate paint. Shingles, brick, and stone should not be painted. In most cases, unpainted historic stucco should not be painted. Exterior paint colors should be appropriate to the age, style, and condition of the building. Properly maintained with good quality paint or stain, wood is a very durable material. A good paint job can usually be expected to last between seven and ten years. 26 c9d�� � , .//�-�i:nweQo PRESERVING HISTORIC NEIGHBORHOODS Windows Windows give character and expres- sion to the building. Window size and spacing is important, as are the elements that surround the window: the sill, the lintel or cap, and decorative moldings. Any alteration —includ- ing removal of moldings or changes in window size or type —can have a significant and often detrimental effect on the building as well as the surrounding streetscape. If window replacement is necessary, manufactur- ers offer a variety of energy -efficient, traditionally styled units. 1. Maintain and Conserve Wherever feasible, historic windows and sash should be repaired rather than replaced, especially on principal elevations. 2. New Sash: Size and Shape Existing window openings should be retained. Window openings should not be enlarged or reduc000ed to fit new units. New window openings should not be introduced into principal elevations. New windows should be compatible with existing historic units. Whenever possible, choose new units of wood, rather than metal. If metal is selected, it must have a baked enamel or other appropriate factory finish. 3. New Sash: Glazing The size and number of panes of glass in each sash should not be altered. New sash, if installed, should duplicate the existing or other appropriate historic models. Crank -out units should not replace double -hung sash. 4. Trim Retain all decorative trim around the windows, including lintels, sills, pediments, and hoods. If trim replacement is necessary the original profile should be replicated. The sill and hood are an important elements both visually abd functionally. 5. Storm Windows Repair or replicate historic wood storms wherever possible. Storm windows should not have vertical or horizontal divisions that conflict with the divisions of the historic sash and should be flush with existing trim. If combination metal storms must be installed, they should have a baked enamel factory finish. DRAFT Shutters and blinds should not be installed on buildings not originally designed for them. Where appropriate, shutters should appear to be operable and should be mounted to the window casing. Shutters should be constructed of wood. Typical Window Types Double -hung window Characteristic of all styles Composite Window Characteristic of: • Classical Revival • Bungalow • All Victorian styles • Four Square Storm windows can help conserve energy, but often look wrong on an older facade. Interior storm windows are an option. Always make sure that storm windows match the existing shape. Diamond pattern Characteristic of: Tudor Revival Dutch Colonial Revival Elements of a historic window. RESIDENTIAL DEDTAIT 27 Craftsman window Characteristic of: Bungalow Prairie Style Foursquare Iwo Casement window Characteristic of: Tudor Revival Craftsman hood muntin rail stile ..45, Pit sill 28 c% c ri*a , diazdreae& PRESERVING HISTORIC NEIGHBORHOODS Masonry Walls Some of Stillwater's earliest houses were built of brick and limestone. Local kilns burned red brick, and quarries along the river provided much of the buff -colored limestone. Nearly every nineteenth-century house in Stillwater rests on a limestone foun- dation. Concrete block was used after i9oo. Brick, stone, and mortar are porous materials susceptible to water damage from rain, condensation, or rising damp. It is important to have good drainage around the foundation, a sound roof, and working gutters. 1. Repair Deteriorated brick, stone, mortar, and other materials should be replaced with material used in the original construction or with materials that resemble the appearance of the original as closely as possible. The advice of a skilled mason should be sought for major repair projects. 2. Cleaning and Waterproofing Masonry cleaning should be conducted only to halt deterioration and by means such as low pressure water, soft brushes, and/or appropriate chem- ical treatment. Sandblasting should not be used under any circumstances. Waterproof and water repellent coatings should not be used unless there is evidence of past water penetration. 3. Repointing Original mortar joint size and profile should be retained and/or redupli- cated in repointing. Mortar mixtures should duplicate the original in lime, sand, and cement proportion and should duplicate the original mortar in color and texture. 4. Stucco Resurfacing Repairs to stucco surfaces should duplicate the original in color and texture, if evidence exists. Smooth or heavy dashed surfaces should be avoided unless they were used on the original surface. 5. Painting The original color and texture of masonry surfaces should be retained and unpainted stone and brick surfaces should not be painted. The removal of paint from painted masonry surfaces should only be attempted if unpainted surfaces are historically appropriate and if removal can be accomplished without damage to the masonry. 6. Resurfacing Stucco, artificial stone, brick veneer, or vinyl or aluminum products should not be applied over historic masonry surfaces. DRAFT Mortar V-Shape Concave Struck with a drip Beaded �I7�II/JI/JI.I egine Var Many old houses were built of softer brick and mortar than is used in new construction and major masonry repair usually requires professional assistance. In earlier buildings, a soft mortar was used, which employed a high ratio of lime. Little, if any, Portland cement was used. This soft mortar was usually laid with a finer joint than we see today. The inherent color of the material was also an important characteristic; mortars would be mixed using sand colors to match or contrast with the brick. When repointing such walls, it is important to use a mortar mix that approximates the original in color, texture and strength. Most contemporary mortars are harder in composition than those used histor- ically. They should not be used in mortar repairs because this stronger material is often more durable than the brick itself, causing the brick to fracture or spall during movement or moisture evaporation/freezing. Where the mortar is harder than the brick, water evaporates through the brick, damaging its harder surface. If moisture in the brick freezes, it accelerates the deterioration. RESIDENTIAL DE AFT 29 ....3.7.7.2.,..:::„....... .. • Y glillel▪ liti 11112111112:101.1.11;r1.1!" . .1111:81t11111.1, arT.11111.7.01.6111117±1.111.1 7. . tali 0. Atillia...":111"111.11111"1"1.11141.1111.11111.111111111111:11:1111": a0�l4��,� ate__ ""-jilllari 11�� a'' ME inli MEOW 40 -arm '..."--:-'61 ��_�� NMI awl MIIII=M ���UM MIIIMIII=_� �� s. J� iiiim MIINIMMIll IIIIIMMIlinft MI or INNIONNIMIIIIME Min i 0��l� iii:tier�_� �MO Me NMI MEI.���� ������ MIIIMMIIMMOINIMI i%��.1•r�11 fit; mm611=1o1m11111111.▪ 1=47.1114.mlmGmSinNI:a .•1..11▪ IM1.M:I1=E17NIa I,INI_M1=MIeMM.I1M.11IIN.SINMA.MI=M-aIIIlIINla aWirInglini MI sr M▪ IIIMINIMINIMIll le BMW 111•111111MIVMMINIII a.u�� =MoNMM.1■=1 111 � nMMr�MMI -rr=rM=I mai ��� NMMMN.rI PI' - ��L■Ma=MM err.-- n▪ MMM•nY' ' ✓r Insm%��+ ..r RW .. .ter_ , _ --- -• ..�..5�. '.'yam - ���� �=� ���. _�I -- alu' illikiesir imPro :mom, Retain original masonry and mortar where possible, repointing joints where missing or deteriorated. Mortar should match the original in composition, color, and texture, and joints should be of the same size and profile as the original. Masonry should be cleaned with the gentlest method possible; historic brick should never be sandblasted. 30 ,iv.L, .1-4,..5,& Roof & Chimney Good preservation begins with a sound roof. It protects the building from the weather and prevents water from seeping into walls. Each style of architecture has distinctive roof forms, whether gable, hip, gambrel, mansard, or shed. In Stillwater the gable is most common, but there are many variations. The shape, texture, and color of the roof are key design features of the historic building. New dormers and other additions to the roof must be carefully designed. In Stillwater, wood shingles were used to roof the earliest houses, and asphalt shingles became standard in the early twentieth century. There are several good examples of sheet metal roofs in older neighborhoods. PRESERVING HISTORIC NEIGHBORHOODS 1. Roofing Materials Original roofing materials that contribute to the character of the building or district, such as tile and slate, should be maintained and retained unless badly deteriorated. If partial re -roofing in tile, slate or asphalt is necessary, replacement roofing should match the old in composition, size, shape and texture. New roofing material should be appropriate to the character of the building in composition, size, shape and texture. Rolled roofing may be used only on flat or slightly sloped roofs that are not visible from the public way. 2. Decorative Features Historic cornices and cresting, finials and other decorative detail at the roofline should be repaired and retained wherever possible. 3. Alterations to Roof Shape The original roof type, slope and overhangs should be preserved. The roof shape at the front should not be altered except to restore it to the original documented appearance or to add architecturally compatible dormers. The shape of existing dormers should not be altered unless compatible with the original design. Alterations to the roof shape at the sides or rear should be compatible with the architectural character of the building. 5. Skylights Skylights should not be installed on the front roof plane. They should be flat and close to the roof plane as possible. "Bubble" type skylights should not be installed. 6. Rebuilding Chimneys If rebuilding is necessary, original brick details such as decorative panels and corbels should be replicated. In the absence of evidence of the original appearance, repair or rebuilding should be compatible with the building type or style. DRAFT Gabled Roof Hipped Roof NNL,_ � I Shed Roof, behind gabled roof Flat Roof Clipped Roof Vernacular Building Bungalow Queen Anne Style Above: Appropriate Eaves Depths on Various Architectural Styles Left: Roof forms found in historic Stillwater homes. RESIDENTIAL D Roofs take many forms. Materials include asphalt shingles, slate, tile, and rolled metal. RAFT 31 32 , .14 Additions Additions are part of the past lives of many historic houses, and often account for the variety of styles layered on a single building. Compatible additions provide for current and future needs and the continued use of existing historic buildings. Additions must be carefully designed to relate to the principal building as well as adjacent buildings. In most cases, additions should appear contemporary, but compatible in char- acter with the original, and sympa- thetic but not imitative in design. All applicable zoning regulations should be consulted in planning new construction. PRESERVING HISTORIC NEIGHBORHOODS i. General Character New additions should be designed to create minimal loss of historic fabric. Character -defining features of the original historic building should not be destroyed, damaged, or obscured. New additions should conform to the size, scale, massing, height, materials, and facade proportions of the historic building and surrounding structures. The original building should remain intact as an historic building. The design of the new building should be highly compatible with the original but also a product of its own time. 2. Siting Additions should be located on an inconspicuous elevation of the historic building, usually the rear. New additions should be compatible with the setback of the existing historic building and the adjacent streetscape. Additions should not destroy the character of the site, including topogra- phy, mature vegetation, and significant views and vistas. 3. Materials and Details Materials and details should be compatible with the original building and the surrounding area; wood and masonry are preferable to other manufac- tured materials. 4. Building Elements Roofs The skyline or roof profile should relate to the predominant roof shapes of the historic building. Roofing materials used on additions should be appropriate to the design of the building and the visibility of the roof. Roof hardware such as skylights, vents, and metal pipe chimneys should not be placed on the front roof plane. DRAFT Traditionally, additions were made to the rear of the house, and typically stepped down in height of the original house. Windows and Entries Vertically -oriented, double -hung sash are the predominant historic window type in Stillwater, although there are exceptions. For additions, the proportion, size, rhythm, and detailing of windows and entries should be visually compatible with that of the existing historic building, and the rhythm of solids to voids created by openings in the facade of the new structure should also be visually compatible. Porches Porches are a standard feature of many historic houses in Stillwater. Whether enclosed or unenclosed they are an important part of the street- scape. The front entry of any new addition should be articulated with a design element such as a porch, portico, or landing. This element should be compatible with the size and scale of the building. Illustration from Rehabilitatinga Historic Home, Stillwater Heritage Preservation Commission.. One story front -view Two story front -view Site plan Original No DRAFT No Yes No No Yes Yes 34 c% chea, ./�rnzeaa�a PRESERVING HISTORIC NEIGHBORHOODS Decorative Trim Decorative trim includes the brack- ets, dentils, capitals, paneling, and mouldings that decorate many houses. Trim may be of wood, concrete, stone, or metal. Save any trim that must be removed and use it as guide in dupli- cation. Where trim details cannot be matched exactly, they can be approxi- mated in size and bulk. Exterior architectural features including finials, cornices, brackets, columns, balustrades and railings, and window and door moldings should be retained. 1. Documentation Original trim details and other architectural features should be photo- graphed or otherwise recorded before they are removed for repair or replacement. Deteriorated trim, if removed, should be saved for use in making duplicates. 2. Repair and Replacement New material used to repair or replace deteriorated trim or other features should match the original as closely as possible. Deteriorated trim that is unsalvageable should be replaced with trim identical or similar to the original design. Simplified trim should approximate the old in design and placement. 3. New Trim Details should not be added in an effort to make the building look older. However, in the case of some "pattern book" houses, the addition of certain trim details such as those typical at the gable and porch may be permitted if supported by historic photos or pattern book sources. ORNAMENT BARGEBOARD FINIAL FISHSCALE SHINGLES BRACKET DRAFT Garages There are many historic sheds, carriage barns and early automobile garages remaining in Stillwater. Some were designed to match the architec- tural style of the house, while others are simple vernacular buildings. Nearly all were sited in the rear yard and reached by an alley or narrow driveway from the street. Carriage barns and garages add to Stillwater's historic character and should be conserved. New garages and other accessory structures should be compatible with the companion historic house and the streetscape. RESIDENTIAL D 1. Retain and preserve garages and other accessory structures that contribute to the historic character of the site and surrounding area. 2. Locate new garages in locations compatible with the main structure of the site and existing traditional garages in the surrounding area. New garages should not be attached to the front of the historic house. 3. Select prefabricated accessory buildings with appearance, material and scale compatible to the main structure of the site and surrounding area. 4. Replace deteriorated garages with new building designs of compatible form, scale, size, and materials. RAFT ,_ 36 c:% criea dia4 PRESERVING HISTORIC NEIGHBORHOODS Fences & Walls Fences usually mark the transition from the public street to the private yard. Late nineteenth-century fences in Stillwater included wood dowels or flat sawn pickets supported by boxed posts as well as elaborate wrought iron or simple arched wire. Stillwater's hill - provided a challenge for the builders of stone and brick retaining walls. These historic walls contribute greatly to the historic landscape and should be conserved. 1. Repair and Conservation Existing historic fences of metal or wood should be repaired and conserved wherever possible. Repairs should be compatible with the origi- nal materials and design of the fence. 2. New Fences New fences should be compatible with the architectural character, materi- als, and scale of the principal building and surrounding streetscape. Fences enclosing the front yard should be semi -transparent. Appropriate materials include wrought iron and painted wooden pickets. In general, complete enclosure by opaque fences is not appropriate. 3. Chain Link Fences Chain link fences should not be used to enclose front yards or the front half of side yards. Fences that allow some visual penetration of front yard space are preferable to complete enclosure. Chain link fences should not be used to enclose front yards or the front half of side yards. 4. Repair and Conservation of Retaining Walls Existing historic walls (and stairs, where applicable) of fieldstone, lime- stone, brick, or stucco should be repaired and conserved. Repairs should be compatible with the adjoining masonry. (See Masonry Guidelines.) 5. New Retaining Walls New walls should be compatible with the architectural character and scale of the principal building and surrounding streetscape. Masonry retaining walls should be finished with caps and other appropriate details. Limestone, brick, and natural -color split -face (rock -face) concrete block are appropriate materials for the construction of new retaining walls visible from the public right-of-way. Block with a round, striated, or polygonal profile is not appropriate. Landscape timber is not appropriate for new retaining walls visible from the public right of way. DRAFT Porches & Steps Porches are an exterior living space that mark the transition between the private house and public street. Some only cover the entry, while others wrap around the building. Porches and steps are exposed to the weather and receive hard use. Some buildings have had a succession of replacements that reflect different styles of architecture. In reconstructing a missing porch, it is important to select posts and railings of appropriate scale and detail. Avoid using undersized ready-made trim. Changes and additions that have taken place over the course of time are evidence of the history of the property and may have significance in their own right. A Queen Anne porch, for exam- ple, may have been placed on an earlier Greek Revival house. RESIDENTIAL DED1IFT 37 1. Maintain and Conserve Porches, steps, and handrails that are appropriate to the building and its architectural development should be conserved and retained. 2. Repair and Replacement Historic porches, steps, or handrails that require complete rebuilding or partial replacement should be reconstructed using historical research to determine an appropriate design. Reconstructions should be compatible with the period and style of the building in material, design, and detail. Concrete should not be used to replace wooden porch floors or steps. 3. Railings The original spacing, section, and profile of railings and balusters should be maintained in replacement or repair. Unless historical evidence indi- cates, reconstruction should include a bottom rail and balusters should not be nailed directly to the step or deck. Metal railings should not be used to replace wooden railings. 4. Posts and Columns If replacement is necessary, porch posts and columns should be replaced with units that replicate the original materials, size, and scale. Elaborate details such as carving, turning, gouging, or stamping may be simplified if necessary. Wooden posts should not be replaced with metal posts or supports. 5. Decks Decks should be constructed only at the rear of the building or where most inconspicuous from the public street. Railings, steps, and other deck details should be compatible with the architectural character of the building. 38 4Z &a? ./it;IvneQa& PRESERVING HISTORIC NEIGHBORHOODS Streetscape One important feature of Stillwater's historic districts and neighborhoods is the original layout of grid -plan streets, alleys, and sidewalks and the regular division of blocks and lots. The result- ing network of spaces is a part of the city's historic character. The mainte- nance and repair of streets, sidewalks, planting strips, retaining walls, and fencing requires public engineering standards that are sensitive to the scale and appearance of historic areas. i. The maintenance and design of existing or new streets in or adjacent to historic districts should respect the original plan of interconnected streets, sidewalks, and alleys. Streets should not be widened to accommodate through traffic and alleys should not be vacated. Cul-de-sac and dead-end streets should not be created in existing grid -plan areas. 2. Preserve the mature neighborhood tree canopy wherever possible, and replant with regularly -spaced trees where necessary. Planting strips and sidewalks should be preserved and maintained at maximum width. 3. Retaining walls should be compatible with traditional walls in Stillwater, which were primarily limestone, brick, and poured concrete. While splitface (rock -face) concrete block is appropriate for the construc- tion of new retaining walls, block with a round, striated, or polygonal profile should be avoided. 4. Iron or steel fencing should have appropriately scaled and detailed masonry or steel piers. 5. Surface parking lots should be screened with landscaping, low masonry walls, or iron or steel fencing of appropriate design. DRAFT DRAFT NEW CONSTRUCTION ew construction within Stillwater's residential districts should be compat- ible with the existing historic build- ings. Within the city, there already exists a neighborhood conservation district that includes design review for all new structures. Ask for a copy of Neighborhood Conservation District Guidelines at the planning department if you are building within the district. New construction includes additions to historic buildings, new structures along primary streets, and second- ary structures such as garages, sheds, outbuildings, or workshops. Infill structures should align their facades flush with the adjacent build- ings to reinforce the rhythm and consistency of the streetscape. It is important that individual build- ings act as part of the entire street facade. When a building is missing and a parking lot or park takes its place, the streetscape is disrupted when these "holes" exist. 1. Visual Relationship Between the Old and New A new building or addition should relate visually to neighboring contrib- uting historic buildings. Proposals for new designs within the Historic District will be considered for their specific location and will be evaluated based on their compatibility with neighboring historic structures. For a typical building, neighboring historic structures include those to each side of the structure and those directly across the street from the structure. For a new building located at a corner, the neigh- boring historic structures include all buildings at the intersection in addi- tion to those immediately adjacent. Where a building falls near the edge of the Historic District, historic buildings located near but outside of the district will also be taken into account during the review process. The goal is not to create repro- ductions of older buildings. The most successful new structures in the historic district are ones that are clearly modern in design but compati- ble with and sensitive to the character of the historic district. Main Street can be enriched by new buildings that have merit on their own and are sensitive to their setting. 2. Scale and Massing of Large Buildings Large buildings should be designed as a series of masses or building elements compatible with the imme- diate streetscape. The massing of a building greatly affects the scale of a building and underlies all other archi- tectural features. The typical commer- cial building in downtown Stillwater is a three -bay, one- or two-story brick block with a flat (low slope) roof. Where a large building in the nigh- borhood is unavoidable, the mass of the proposed structure can be broken down into traditional building blocks that relate to the scale of the streets - cape, thereby blending into its context. 40 c% c h*a , €114,vizeaa PRESERVING HISTORIC NEIGHBORHOODS 3. Replicating Historic Buildings The design of a new building should not be an exact replica of any existing historic building within the district. Copies of historic buildings among original ones look awkward and pres- ent a false historic context. However, a new structure's design may be inspired by historic building designs and features, and may be traditional in form and detailing. 4. Relationship of Additions to Historic Buildings A proposed addition to a building in the Historic District should be subor- dinate to the principal facade and mass of the historic building. This can be achieved through its setback massing, width, and detail. The width of an addition should generally not exceed two-thirds the width of the principal historic structure. 5. Building Placement and Setbacks Historically, the building type dictated the structure's setback from the street. Commercial buildings such as taverns, inns, retail shops, and stores fronted directly onto the sidewalk. New construction in the district should follow the precedent of adjacent lots. Historically, most additions to build- ings in the Historic District were built at the building rear facade because there was no available building lot area on the street facade. These additions were often built up to the side yard lot lines, and had minimal visual impact on the appearance of the downtown. When an addition fronted a commer- cial street, it was typically set flush with the existing building to create the appearance of a larger, more substan- tial building. Proposed additions should follow the pattern of setbacks of adjacent buildings and building additions in order to blend into the development pattern of the immediate neighborhood. 6. Building Height and Form The cornice line on the principal facade of an addition should be equal to or lower than the cornice line on the principal facade of the historic structure. Likewise, the ridge line of an addition should be equal to or lower than the ridge line of the historic struc- ture. The form of new buildings should be compatible with the form of adja- cent historic structures. The height and overall size of any proposed new secondary structure should not exceed the height and overall size of the principal historic structure on the lot where it is to be constructed. DRAFT 7. Building Width and Rhythm Historically, the principal structures of the district fill most if not all the total frontage width along the street. Additions and new buildings should repeat the pattern of filling most of the street frontage of a single lot. 8. Relationship of the Facade to the Whole All parts of a new building facade should be visually integrated as a composition, which should relate to adjacent buildings. The size and proportions of facade elements such as doors, windows, cornices, and water tables emphasize the vertical and horizontal dimensions of a facade. Exaggeration of these elements and the use of ribbon windows, vertical stacks of windows, and brick courses of contrasting colors create a design that is not compatible and out of propor- tion with historic buildings. 9. Roof Form, Materials, and Features While most commercial buildings within the district have flat or shed roofs, some buildings feature other roof forms. Historically, the roof form of an addition placed along side an exist- ing structure facing a street followed the form of the principal building. Continuing the historical precedent, additions to gable roof structures that face a street should also have a gable roof. Additions on a secondary facade can have a different roof form, such as a shed roof. Mansard roofs should be utilized in additions only when the existing building features a mansard roof. On new buildings, the use of one of the historic roof forms found in the district is recommended. Contemporary Mansard roof forms and materials, which have been over- used in fast-food restaurants and strip shopping centers, are not appropriate to the Historic District. Skylights with a low profile are acceptable on all secondary facades but not on principal facades. It is recom- mended that the placement of skylights relate to the overall fenestration of the building by relating vertically to other openings in the wall. The use of dormers and skylights on the same roof plane (i.e., next to each other) is not recommended. io. Exterior Wall Materials Additions: An addition should either repli- cate the existing exterior wall mate- rial in type, color, and texture or be RESIDENTIAL DE RAFT 41 constructed of a historic exterior wall material found in the district. If wood siding is proposed for the addition, the width, type, and detail of the new siding should complement the proportions and scale of the existing building. The wall materials of an addition should be compatible with the wall materials of the existing building. Except on secondary facades, vinyl and aluminum siding are not appropriate in the district. Except on secondary facades, stucco finishes are not appro- priate to the district. New Construction. The use of historic exterior wall materials such as brick, cut stone, or wood siding and their related details are strongly encouraged for new construction. The use of vinyl or aluminum siding is not recommended. Likewise, vinyl and aluminum facings and fabricated plastic building compo- nents are not appropriate on primary facades. The size and type of siding materials should be compatible with the building type of the proposed new building. For example, a garage or workshop on an alley may have vertical wood siding such as board -and -batten siding, or may be stucco -faced masonry. A prin- cipal structure in the district histor- ically would not have vertical wood siding nor stucco siding, but rather would have been sided with a horizon- tal wood siding such as clapboards, or would have been constructed of brick masonry. it. Windows and Doors Additions: It is recommended that the material of windows and doors in additions match the material of the window and doors in the historic structure. The proportion of windows and doors in an addition should be similar to the proportion of original openings. Replicating the sash type and pane configuration of the historic windows is encouraged. If the sash type and configuration is not replicated, a sash type and configuration that is compat- ible in type to the historic sash pattern is recommended. For example, an addition to a building should either replicate the historic one -over -one, double -hung sash configuration or at least receive a double -hung sash configuration with similar dimensions to the historic fenestration. New Construction. The placement and proportion of windows and doors should relate to 42 l. , d� & the placement and proportion of open- ings on the historic buildings of the district. It is recommended that verti- cally proportioned windows placed in a three, four, or five -bay configuration be installed on principal facades. The percentage of window openings to total wall surface on a principal facade should not exceed 33 percent (one-third) of the total wall area. The use of double -hung sash windows is encouraged. On secondary struc- tures, the size and type of windows and doors should relate to the type of structure proposed. 12. Shutters and Blinds Shutters and blinds are generally discouraged on additions and on new buildings. If shutter or blinds are proposed, they should follow the historical precedent of original shutters and blinds. New shutters and blinds should be properly sized to fit the opening, and should appear operable by being mounted on proper shutter hardware. Plastic or metal shutters and blinds are not appropriate. New shutters and blinds should be fitted with traditional shutter hardware and should not be surface -mounted directly onto an exterior wall surface. PRESERVING HISTORIC NEIGHBORHOODS 13. Building Accessibility Where possible, a building addition should be designed to include features that make up for any accessibility deficiencies of the original build- ing. This approach can eliminate the need for intrusive alterations to the original building. All new buildings except private homes and churches are required by law to be accessible to persons with disabilities. New build- ings in the historic district should be designed with accessibility features, so that changes in level are accommo- dated within the new building, not at the building exterior. 14. Hardware, Mechanical, and Electrical Devices The mounting of small louvers, regis- ters, exhaust fans, alarm devices, cable boxes, utility meters, communications equipment, and other mechanical and/ or electrical devices should be avoided on principal facades. To minimize their visual impact, devices mounted on secondary facades should either be painted to match the color of the material on which they are mounted or screened by landscaping features. Air conditioning condenser units should be screened from public view. 15. Lighting Exterior lighting of additions and new buildings should be simple and in scale with the building. New fixtures should be simple, unobtru- sive, and mounted in a traditional manner. Exterior recessed downlights, if proposed, should be placed to avoid dramatic light patterns on the proposed building facade. 16. Relationship of New Outbuildings to The Historic Context New outbuildings should visu- ally relate to their historic context. Outbuildings should be simple in design, and should relate to the period of construction of the principal build- ing on the lot. The design of outbuild- ings should not be overly elaborate. Depending on the placement of the building lot on the street, a proposed outbuilding will be treated as either a primary or secondary facade. DRAFT DRAFT APPLYING THE GUIDELINES ow that you have learned about Stillwater's architectural styles, done a little research into the history of your house, and read through the preserva- tion guidelines, it is time to sit down and develop your own rehabilitation plan. A successful rehabilitation of a historic home begins with a careful reading of the property's historic char- acter. With that understanding, you can develop a plan and select treat- ments that are sensitive to the architec- tural character of the storefront. Your best piece of evidence is right in front of you —the building itself. Stop and take an inventory of the building's architectural characteristics. What construction materials were used? Are there key decorative elements such as brackets or a raised cornice? How does the storefront relate to the upper stories? The Washington County Historical Society has an extensive collection of historic photographs that can provide even more evidence about the historic character of your building. Next, examine the current physical conditions so that you can plan the scope of the rehabilitation. Pay careful attention to the roof and walls —espe- cially pointing if the structure is brick. Water represents the greatest danger to the long-term stability of a building. Then look at windows. Their rehabili- tation or replacement is often the most crucial decision in the ultimate success of a project. Let's walk through the process, making some basic observations. STEP ONE i. Shape What is there about the form or shape of the building that gives the it identity? Is the shape distinctive in relation to the neighboring building? For example, most of the buildings are rectangular in form. 2. Roof and Roof Features Does the roof shape or its steep (or shallow) slope contribute to the build- ing's character? Does the fact that the roof is highly visible (or not visible at all) contribute to the architectural identity of the building? Are certain roof features important to the profile of the building against the sky or its background, such as multiple chim- neys, dormers, cresting, or weather vanes? Are the roofing materials or their colors or their patterns (such as patterned slates) more noticeable than the shape or slope of the roof? 3. Openings Is there a rhythm or pattern to the arrangement of windows or other openings in the walls? Is there a notice- able relationship between the width of the window openings and the wall space between the window openings? Are the entrances centered? Are they recessed? Is one entrance more prominent than the others? How is the primary retail entrance differen- tiated from other entrances? Is there evidence that new entrances have been added or have some been relocated? Are the doors original or are they later replacements? Are there distinctive openings or decorative window lintels that accentu- ate the importance the window open- 44 , m,so& PRESERVING HISTORIC NEIGHBORHOODS Projections give character to a historic house. Here, two three -sided bays provide interior light and break up the exterior wall space. ings, or unusually shaped windows, or patterned window sash, like small panes of glass in the windows or doors as seen in a historic photograph of the Jansen building, that are important to the character? Would adding shutters or blinds radically change the plainness of the character of the windows? Is there a hierarchy of facades that make the front windows more important than the side windows? What about blank walls where the absence of windows? Creating windows in these spaces alters the historic character of a building. 4. Projections What projects from the walls? Are there porches, cornices, bay windows, or balconies that shape the character of the building? How about turrets, or widely overhanging eaves, projecting pediments or chimneys? Consider the relative weight and scale of each projection. 5. Trim and Secondary Features Does the trim around the windows or doors contribute to the character of the building? Is there other trim on the walls or around the projections that, because of its decoration or color or patterning contributes to the character of the building? Are there secondary DRAFT features such as shutters, decorative gables, railings, or exterior wall panels? 6. Materials What is building made of? Are the construction materials of wood? Metal? Brick or other masonry? A combination? Do the materials or combination of materials contribute to the overall character of the building as seen from a distance because of their color or patterning, such as broken faced stone, scalloped wall shingling, rounded rock foundation walls, boards and battens, or textured stucco? 7. Setting What are the aspects of the setting that are important to the visual char- acter? For example, is the alignment of buildings along a city street and their relationship to the sidewalk the essen- tial aspect of its setting? Consider the different spatial feeling conveyed by the Washington County Courthouse where the essential character is depen- dent upon the open lawn and various monuments between the front door and the street. Is the specific site important to the setting such as being on a hilltop, along a river, or, is the building placed on the site in such a way to enhance its setting? Is there a special relationship to the adjoining Take a look at the materials in this Craftsman style house.They include wood, brick, and a pebbled stucco. APPLYINGD1AFT 45 streets and other buildings? Is there a view? STEP TWO 8. Materials at Close Range Has the choice of materials or the combinations of materials contrib- uted to the character? Are there one or more materials that have an inherent texture that contributes to • the close range character, such as stucco, exposed aggregate concrete, or brick textured with vertical grooves? Consider the differences between the rusticated concrete block or the dark brown rough brick next door. Are there combinations of materials, such as several different kinds of stone, combinations of stone and brick, dressed stones for window lintels used in conjunction with rough stones for the wall? 9. Craft Details Is there high quality brickwork with narrow mortar joints? Is there hand tooled or patterned stonework? Do the walls exhibit carefully struck vertical mortar joints and recessed horizon- tal joints? Do the clapboards have a machine smooth beveled siding? are there decorative designs executed in stucco? Almost any evidence of craft details, whether handmade or machinemade, contribute to the character of a build- ing because it is evidence of the times in which the work was done, and of the tools and processes used. STEP THREE io. Individual Spaces Are there individual rooms or spaces that are important to this building because of their size, height, propor- tion, configuration, or function, like the center hallway in a house or the door to a garage? ii. Related Spaces and Sequences of Spaces Is there an important sequence of spaces that are related to each other, such as the sequence from the entry way to the lobby to the stairway and to the upper balcony as in a theatre; or the sequence in an office building from the entry vestibule to the lobby to the bank of elevators? Are there adjoining rooms that are visually and physically related with large doorways or open archways so that they are perceived as related rooms as opposed to separate rooms? 46 laluta, .���rvnea PRESERVING HISTORIC NEIGHBORHOODS 12. Interior Features Most often, interiors have been substantially altered, so one must look carefully at the evidence. What interior features define the character of the house, such as fireplace mantels, stair- ways and balustrades, arched openings, interior shutters, inglenooks, cornices, ceiling medallions, light fixtures, balconies, doors, windows, hardware, wainscoting, panelling, trim? 13. Surface Finishes and Materials Are there surface finishes and materi- als that can affect the design, the color or the texture of the interior? Are there materials and finishes or craft practices that contribute to the interior char- acter, such as wooden parquet floors, checkerboard marble floors, pressed metal ceilings, fine hardwoods, grained doors or marbleized surfaces, or sten- ciling, or wallpaper that is important to the historic character? Are there surface finishes and materials that, because of their plainness, impart the essential character of the interior such as hard or bright, shiny wall surfaces of plaster or glass or metal? 14. Exposed Structure Are there spaces where the exposed structural elements define the interior character such as the exposed posts, beams, and trusses in a church or train shed or factory? Are there rooms with decorative, nonstructural ceiling beams? By now, you should have an under- standing of the visual aspects of historic buildings. PHYSICAL ASSESSMENT Finally, it is time to look at the current physical condition of the prop- erty. Walk through the building as determine its general condition. Mild Deterioration: Mild deterioration generally requires only maintenance level treatments. Do the surface materials need repair? Is paint flaking? Are metal components rusting? Do joints need recaulking where materials meet glass windows? Moderate Deterioration: Moderate deterioration generally requires patching or splicing of the existing elements with new pieces to match the deteriorated element. Do stone or brick components need repointing? Are there leaky gutters or air conditioner units which drip condensation on the storefront? Is caulking needed? Can rotted or rusted or broken sections of mate- rial be replaced with new material to match the old? Can material from a non -conspicuous location be used on the historic facade to repair damaged elements? Severe Deterioration: Severe deterioration generally requires replacement of deteriorated elements as part of the overall rehabilitation. Have existing facing materials deteri- orated beyond repair through vandal- ism, settlement, or water penetration? Is there a loss of structural integrity? Is the material rusted through, rotted, buckling, completely missing? Are structural lintels sagging? Are support columns settled or out of alignment? Now you are ready to draft your pres- ervation plan. This section is adapted from Lee H. Nelson, Preservation Brief #17— Architectural Character: Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character. National Park Service. DRAFT DRAFT GLOSSARY a adaptive use. The conversion of a building to a use other than that for which it was built. alcove. A recess or small room that connects to or forms part of a larger room. architrave. 1) The lowest horizontal element of a classical entablature; 2) The ornamental moldings (trim) around windows, doors, and other wall openings. awning. A roof -like covering placed over a door or window to provide shelter from the elements. Historically they were constructed of fabric, but contemporary materials include metal and plastic. b baluster. A shaped, short vertical member, often circular in section, supporting a railing or capping. balustrade. An assembly consisting of a railing or cap -ping supported by a series of balusters. bay. A regularly repeated main division of a building design. A building whose facade is five windows wide may be described as a five -bay building. bay window. A window structure projecting beyond the main wall plane; if attached to the building above ground level, properly called an oriel. blind. A louvered shutter that excludes vision and direct sunlight, but not indirect light and air, from a house. bond. Masonry units arranged in any of a variety of recognizable, and usually overlap -ping patterns so as to increase the strength and enhance the appearance of the construction. bracket. A projecting support placed under an architectural overhang such as a cornice; often ornate. brick veneer. A non-structural facing of brick laid against a wall for ornamental, protective or insulation purposes. bulkhead. Located at the foot of a storefront, the bulkhead is the base that supports the display window. c canopy. An overhanging cover for shelter or shade. capital. The top member (cap) of a column. casement sash, casement window. A window sash which is side -hinged; a window having casement sashes. casing. The exposed architectural trim or lining around a wall opening. cladding. The process of bonding one material to another. clapboard. A long narrow board with one edge thicker than the other to facilitate overlap; used to cover the outer walls of frame structures. Also known as weatherboard, bevel siding, and lap siding. classical. 1) Decorative elements deriving directly or indirectly from the architectural vocabulary of ancient Greece and Rome; 2) architectural harmony based on the principles of ancient Greek and Roman architecture. column. A long vertical structural member that supports a load; in classical terms, a cylindrical support having a base, shaft, and capital. (Note: In the Doric order the column has no base.) context. The surroundings, both historical and environmental, of a building or town. 48 laio-a i jiz;vne6o& PRESERVING HISTORIC NEIGHBORHOODS •psi: '477r z.7.7Y.7.4:74 rr.rrr rrrrrrV Irrf - Is= mw:.e.trruu-*O+�acnrwirii's A CIMIIIet!~tMt71t!' corbel coping. A cap or covering at the top edge of a wall, either flat or sloping, to shed water. corbel. A slightly projecting architectural element, usually in masonry, cantilevered from upper exterior walls; usually topped by a cornice or coping. cornice. Strictly, the upper projecting part of an entablature; in carpenter/ builder terminology, any projected molding ("crown molding") which crowns or finishes a horizontal fascia; the exterior assembly which closes the joint between the wall and roof of a building. d demolition. The intentional destruction of all or part of a building or structure. demolition by neglect. The destruction of a building or structure caused by the failure to perform routine maintenance over a period of time. display windows. Usually extending from the transom or cornice/frieze to the bulkhead and consisting of one pane of glass, the display window is an essential element that helps to define a building's storefront. Doric. One of the five classical orders, column usually without a base and with a simple capital. dormer. A roofed structure with a vertical window that projects from a pitched roof. double -hung sash window. A window with two vertical sliding sashes, each closing half of the window opening. e eave. The lower part of a roof that projects beyond the wall. elevation. The perpendicular view of a side of a building; an accurate drawing of one side of a building that represents its true dimensions in the plane perpendicular to the line of sight. ell. A wing or addition extended at a right angle from the principal dimension of building, resulting in an "I:' shaped plan. entablature. The horizontal member carried by columns, composed of architrave (bottom), frieze, and cornice (top). DRAFT f facade. The exterior front face of a building; usually the most ornate or articulated elevation. fanlight. A half -circular or half - elliptical window; often placed over a door. fascia. Any long, flat horizontal band or member. fenestration. The arrangement and design of window and door openings in a building. frame. The fixed portion of a window comprising two jambs, a head and a sill. frieze. The frieze, located directly below the cornice, is a decorative band. Often, the frieze was designed in conjunction with the cornice. frontispiece. An ornamental portal or entrance bay around a main door. g gable. The vertical triangular shape of a building wall above the cornice height, formed by two sloping roof planes. gambrel roof A ridged roof with two slopes on each side, the lower roof having the steeper pitch. general maintenance. Ordinary maintenance needed to keep a building or structure in good repair and does not require a change in materials. gingerbread. A pierced wooden curvilinear ornament, executed with a jigsaw or scroll saw and located under the eaves of the roof. h head. The uppermost member of a door -frame or window frame. header. In brick masonry, a brick laid so that its end is exposed in the finished wall surface. hip. The external angle at the intersection of two roof planes; a hip roof has roof planes that slope toward the eaves on all sides of the building. hood. A projecting cover placed over an opening to shelter it. j jambs. Either of the vertical sides of an arch -way, doorway or window opening. jerkinhead. A roof form with a truncated or clipped gable. light. A pane of glass installed in a window sash. lintel. A horizontal structural member that spans an opening, for example a window lintel. m Mansard. A roof that is double pitched, the lower being much steeper, designed to allow a full story height within the attic space. mass. Bulk or three-dimensional size of an object. massing. The combination of several masses to create a building volume; organization of the shape of a building, as differentiated from wall treatment, fenestration, etc. jerkinhead DRASFT .9 meeting rail. The rail of each sash in a double -hung window that meets at the rail of the other when the window is closed. mullion. A vertical member separating windows, doors, or panels set in series; often used for structural purposes. muntin. A slender member separating and encasing panes of glass in a window sash. 0 order. In classical architecture, a column with base (usually) shaft, capital, and entablature, embellished and proportioned according to one of the accepted styles —Tuscan, Doric, Ionic, Corinthian, and Composite. oriel. A window structure projecting beyond the main wall plane attached to the building above ground level. p Palladian window. A three-part window consisting of a prominent center window unit, often arched, flanked by smaller windows. 50 �V, .y4,& pane. A flat sheet of glass cut to size for glazing use in a window; also called a light. panel. A section that is recessed below or raised above the surrounding area or enclosed by a frame or border. parapet. A low guarding wall at the edge of a roof or balcony; the portion of a fire wall or party wall above the roof level. parge. A coating of cement -based mortar (stucco) applied over rough masonry work. pediment. In classical architecture, the triangular gable end of a roof above a horizontal cornice; a simi- lar triangular form over a door or window. piers. Vertical -supporting members that frame an opening such as a window or door. Sometimes designed as a flat column or pilaster, piers are often used to divide store -fronts, display windows or the entrance to a building's upper floors. PRESERVING HISTORIC NEIGHBORHOODS pilaster. Similar to a column, a pilaster is a shallow rectangular feature that projects from a wall and has a capital and base. pitch, roof The slope of a roof; usually expressed as a ratio of vertical rise to horizontal run (inches vertical in 12 inches horizontal). plan. A two-dimensional view of a building, or horizontal section of it, seen from above; hence, a precise drawing showing the arrangement of design, including wall openings and dimensions. porch. A structure attached to a building to shelter an entrance or to serve as a semi -enclosed space, usually roofed and generally open - sided. portico. A large porch or covered walk with a roof supported by columns or piers. proportion. The relation of one dimension to another; usually described as a numerical ratio; in architecture, proportions determine the creation of visual order through coordination of shapes in a design. q quoin. A masonry (or simulated masonry) unit applied to the corner of a building; often slightly projecting. r rail. Horizontal members framing a panel. reconstruction. New construction to accurately recreate a vanished building or architectural element as it appeared at a specific period of time. The work is based on reliable physical, documentary, or graphic evidence. rehabilitation. Returning a structure to viable use while preserving its distinctive architectural and historic character. remodeling. Changing a building without regard to its distinctive, character defining architectural features or style. restoration. Returning a building to a particular period of time by removing later work and replacing missing earlier work. reveal.lhe part of the jamb that is visible between the outer wall surface and window or doorframe. DRAFT segmental arch rhythm. A patterned repetition or alternation of formal elements (doors, windows, porches, etc.) or motifs in the same or a modified form. ridge. The highest point of a roof or horizontal line where two roof planes meet. s sash. The movable framework holding the glass in a window. scale. The apparent size and mass of a building's facade and form in relation to nearby buildings. Important factors in establishing the scale of a facade include the physical relationship of elements such as window area to wall area; the shape and size of fenestration forms such as the subdivision of windows into lights; the bonding pattern of the brickwork; and details such as cornices and trim. segmental arch. An arch in which the arched portion is less than a semi- circle. shed roof A single -pitched roof over a small room; often attached to a main structure. shutter. An external movable screen or door used to cover a wall opening, especially a window; originally for security purposes; often confused with louvered blinds. sidelight. A framed area of fixed glass alongside a door or window opening. sill. The horizontal lower member of a window or other frame. single pile. A floor plan that is one room deep. site plan. An accurate scaled drawing of a site (lot) as if seen from above, describing the property boundary and orientation, the location of buildings, driveways, walks and other constructed site improvements, the retained vegetation, and new plantings and finished grade contours. soffit. The exposed undersurface of an over -head building component such as a roof. skylight. A glazed opening in a roof plane that admits light. stoop. An uncovered platform and steps at an entrance. streetscape. A setting or expanse consisting of the street, landscaping, and buildings along a street, as seen by the eye in one view. street wall. The line formed by the facades of buildings set back a common distance from the street. stretcher. A brick laid with the long side visible in the finished work string course. A horizontal course of masonry or wood trim which projects from a wall. symmetrical. A similarity of form or arrangement on either side of a dividing line. t transom. A horizontal bar of wood or stone separating a door from a transom window above it. v vernacular. A mode of building based on regional forms and materials. w water table. A horizontal course of masonry or wood trim separating the foundation walls from the exterior walls above. DRAFT 51 Glossary definitions are in part based on Historic Architecture Sourcebook by Cyril M. Harris, Ed., New York: McGraw-Hill Book Company, 1977. DRAFT FURTHER READING Stillwater History Blegan, Theodore C. Minnesota: A History of the State. Minneapolis: University of Minnesota Press, 1963. Dunn, James Taylor. The St. Croix: Midwest Border River. New York: Holt, Rinehart, and Winston, 1965. DuPont, Edward W. "Lumbering and Steamboating on the St. Croix River," in Minnesota Historical Society Collections 10 (1905), 645-675. Easton, Augustus, ed. History of the St. Croix Valley. Chicago: H. C. Cooper, 1909. Folwell, William W. A History of Minnesota. St. Paul: Minnesota Historical Society, 1956. Folsom, William H. C. Fifty Years in the Northwest. St. Paul: Pioneer Press Company, 1888. Glaser, Emma. "How Stillwater Came to Be,"" Minnesota History 24 (1943), 195-206. Holmquist, June Drenning, ed. They Chose Minnesota: A Survey of the State's Ethnic Groups. St. Paul: Minnesota Historical Society Press, 1981. Hubbard, Lucius F., and Return I. Holcombe. Minnesota in Three Centuries. St. Paul: The Publishing Society of Minnesota, 1908. Johnston, Patricia Condon. Stillwater: Minnesota's Birthplace in Photographs by John Runk. Afton, Minn. : Afton Historical Society Press, 1995. Kennedy, Roger. Minnesota Houses, An Architectural and Historical View. Minneapolis: Dillon Press, 1967. Larson, Paul Clifford. Stillwater's Lumber -Boom Architecture: An Annotated Photographic Essay. Unpublished. Stillwater Public Library. Merrick, George Byron. Old Times on the Upper Mississippi: The Recollections of a Steamboat Pilot from 1854-1863. St. Paul: Minnesota Historical Society Press, 1987. Peterson, Brent. Stillwater: The Next Generation. Stillwater, Minn.: Valley History Press, 2004. Peterson, Brent. Stillwater, Minnesota: A Photographic History: 1843-1993. Stillwater, Minn.: Valley History Press, 1992. Roberts, Norene, and John A. Fried. Historical Reconstruction of the Riverfront, Stillwater, Washington County, Minnesota. 1985. Vogel, Robert. Stillwater Historic Contexts: A Comprehensive Planning Approach. Prepared for the Stillwater Heritage Preservation Commission, 1993. Warner, George E. and Charles M. Foote. History of Washington County and the St. Croix Valley. Minneapolis: North Star Pub. Co., 1881. Architectural and Cultural History Baker, John Milnes. American House Styles: A Concise Guide. New York: W. W. Norton, 1994. Carley, Rachel. The Visual Dictionary of American Domestic Architecture. New York: Henry Holt and Company, 1994. Cragoe, Carol Davidson. How to Read Buildings. New York: Rizzoli International Publications, 2008. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1991. Phillips, Steven J. Old House Dictionary. Washington, D.C.: Preservation Press, 1992. Poppeliers John, C., Allen Chambers, Jr., and Nancy B. Schwartz. What Style is It? A Guide to American Architecture. New York: John Wiley & Sons, Inc., 1983. Rifkind, Carole. A Field Guide to American Architecture. New York: Penguin Books, 1980. Rudofsky, Bernard. Streets for People: A Primer for Americans. Garden City, N.Y.: Anchor, 1969. Stilgoe, John R. Common Landscape of America: 1580-1845. New Haven: Yale University Press, 1982. Historic Building Maintenance and Planning Bucher, Ward, ed. Dictionary of Building Preservation. New York: John Wiley & Sons, Inc. 1989. Fisher, Charles E. and Hugh C. Miller, ed. Caring for Your Historic House: Preserving and Maintaining: Structural Systems, Roofs, Masonry, Plaster, Wallpapers, Paint, Mechanical and Electrical Systems, Windows, Woodwork, Flooring, Landscape. New York: Harry N. Abrams, Publishers, 1988. Foulks, William G., ed.: Historic Building Facades: The Manual for Maintenance and Rehabilitation. New York: Wiley, 1997. London, Mark. Respectful Rehabilitation: Masonry. Washington D.C.: National Trust for Historic Preservation, 1988. McKee, Harley J., FAIA. Introduction to Early American Masonry: Stone, Brick, Mortar and Plaster. Washington DC: National Trust for Historic Preservation and Columbia University, 1973. Moss, Roger W. ed. Lighting for Historic Buildings. Washington D.C.: The Preservation Press, 1988. New York Landmarks Conservancy. Repairing Old and Historic Windows: A Manual for Architects and Homeowners. Washington D.C.: National Trust for Historic Preservation, 1982. Technical ,Materials information Series These booklets, produced by the National Trust for Historic Preservation, focus on a broad range of preservationrelated topics. 2153: The Economics of Rehabilitation 2189: A Guide to Tax -Advantaged Rehabilitation 2187: Appraising Historic Properties 2157: Safety, Building Codes, and Historic Preservation 217o: Coping with Contamination: A Primer for Preservationists 2125: Establishing an Easement Program to Protect Historic, Scenic, and Nahlral Resources 2185: Design Review in Historic Districts 2162: Reviewing New Construction Projects in Historic Areas Preservation Briefs series. Washington, DC: Technical Preservation Services, National Park Service. (Available on the National Park Service website.) These include: oi: The Cleaning and Waterproof Coating of Masonry Buildings 02: Repointing Mortar Joints in Historic Masonry Buildings `DRAFT 53 03: Roofing for Historic Buildings o6: Dangers of Abrasive Cleaning to Historic Buildings 07: The Preservation of Historic Glazed Architectural Terra-Cotta 09: The Repair of Historic Wooden Windaws io: Exterior Paint Problems on Historic Woodwork ii: Rehabilitating Historic Storefronts 14: New Exterior Additions to Historic Buildings: Preservation Concerns 15: Preservation of Historic Concrete 16: The Use of Substitute Materials on Historic Building Exteriors 17: Architectural Character: Identifying the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character 25: The Preservation of Historic Signs 27: The Maintenance and Repair of Architectural Cast Iron 31: Mothballing Historic Buildings 54 eiZi:-/-uAz&, di,;„, 32: Making Historic Properties Accessible 33: The Preservation and Repair of Stained and Leaded Glass 35: Understanding Old Buildings: The Process of Architectural Investigation 38: Removing Graffiti from Historic Masonry 39: Holding the Line: Controlling Moisture in Historic Buildings Additional Preservation Briefs might be useful for interior work: 13: Conserving Energy in Historic Buildings 18: Rehabilitating Interiors in Historic Buildings: Identifying Character - Defining Elements 21: Repairing Historic Flat Plaster: Walls and Ceilings 23: Preserving Historic Ornamental Plaster 24: Heating, Ventilating, and Cooling Historic Buildings: Problems and Recommended Approaches PRESERVING HISTORIC NEIGHBORHOODS 28: Painting Historic Interiors 34: Historic Interiors: Preserving Historic Composition Ornament 4o: Preserving Historic Ceramic Tile Floors Other preservation -related publi- cations of the Government Printing Office are available through the Superintendent of Documents: Affordable Housing Through Historic Preservation: Tax Credits and the Secretary of the Interior's Standards for Historic Rehabilitation. Susan Escheric- Stephen J. Farneth, and Bruce Judd. Metals in America's Historic Buildings: Uses and Preservation Treatments. Margot Gayle, David W. Look, and John G. Waite. The Secretary of Interior's Standards for the Treatment of Historic Properties with Illustrated Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Kay D. Weeks and Anne E. Grimmer. Preservation Tech Notes Preservation Tech Notes are developed by the National Park Service and are sold in sets by the National Technical Information Service (NTIS) of the U.S. Department of Commerce. The Old -House Journal, a periodical published by the Home Building and Remodeling Network, is paeked with useful information for renovators of commercial as well as residential property. Traditional Building Magazine. This bimonthly periodical is the official trade magazine of the Restoration and Renovation Show, an annual exposition held at various locations around the country. Appraising Easements: Guidelines for Valuation of Historic Preservation and Land Conservation Easements. Available from the Land Trust Alliance, 1319 F Street N.W., Suite 501, Washington, D.C. 20004-1006. Awnings and Tents (reprint of 1912 eanvas manufacturer's manual). Available from the bookstore of the Awnings Division of the Industrial Fabrics Association International, 345 Cedar Building, Suite 450, Saint Paul, Minnesota 55101; 651-222-2508. DRAFT Keeping It Clean: Removing Dirt, Paint, Stains, and Graffiti from Historic Exterior Masonry, by Anne E. Grimmer. Available from PRG, Ine, P.O. Box 1768, Rockville, MD 20849- 1768. Respectful Rehabilitation: Answers to Your Questions on Historic Buildings, edited by Kay D. Weeks and Diane Maddex. Available from John Wiley & Sons Distribution Center, J. Wiley Drivej Somerset, NJ o8875-1272. The Window Handbook: Successful Strategies for Rehabilitating Windows in Historic Buildings, edited by Charles Fisher. Window Rehabilitation Guide for Historic Buildings. Historic Color References Century of Color: Exterior Decoration for American Buildings, 182o-192o. Watkins Glen, NY: American Life Foundation, 1981. Moss, Roger W. Paint in America: The Colors of Historic Buildings. Washington D.C.: The Preservation Press, 1984. Organizations Washington County Historical Society, P.O. Box 167, Stillwater, MN 55082. (651) 439-5956, web site: http://www. wchsmn.org Minnesota Historical Society, 345 Kellogg Boulevard West Saint Paul, Minnesota 55102-1906, 651-296-5434, web site: www.mnhs.org National Trust for Historic Preservation, 1785 Massachusetts Avenue, N.W. Washington, D.C. 20036 202-673-4296, web site: www nthp.org The Preservation Alliance of Minnesota, 516 Landmark Center, 75 West Fifth Street, St. Paul, MN 55102- 1406, (651) 293-9047, web site: www mnpreservation.org National Center for Preservation Technology and Training (NCPTI). The NCPTT, a division of the National Park Service, is dedicated to developing new preservation tech- nologies and training preservation- ists. The center's Web site includes the "Preservation Internet Resources Clearinghouse;' an annotated data- base with information about online resources for preservationists. The Web site lists conferences and educa- tional opportunities, and provides links to other preservation -related Web sites, databases, and libraries. Web site: www.nepttnps.gov. `DRRAFT =_ DRAFT ACKNOWLEDGMENTS Stillwater Heritage Preservation Commission John Brach Robert Goodman Jeff Johnson (Vice Chair) Reggie Krakowski Brian Larson (Chair) Elizabeth Welty City Council Ken Harycki (Mayor) Doug Menikheim Ted Kozlowski Tom Weidner Mike Polehna (Vice Mayor) Stillwater Fire Department 2020 ANNUAL REPORT Mission Statement Our commitment is to protect life and property through dedicated service to the community. gum Professionalism, Respect, Integrity, Dedication, Excellence P.R.I.D.E.! Stillwater Fire Department 250 Maryknoll Drive North Stillwater, MN 55082 Telephone: (651) 351-4963 Email: fire@ci.stillwater.mn.us Web Page: https://www.ci.stillwater.mn.us/ TABLE OF CONTENTS Message from Fire Chief Stuart Glaser Communities Served Services Provided Organizational Chart Response Summary • Incidents by Time of Day • Incidents by Day of Week • Incidents per Month Response Summary • Calls by District • Annual Run Response Trend • Mutual/Auto Aid SFD Fire District • City of Stillwater • City of Grant • May Township • Stillwater Township Fire Prevention • Property and Content Save vs. Loss • Code Enforcement Improvements • Performance Surveys Improvements • Self Contained Breathing Apparatus (SCBA) • Washer/Extractor and Gear Dryer • Breathing Air Compressor and Fill Station Training Activity Personnel Updates • Years of Service • Promotions • Certificate of Excellence • Retirement • New Hires • Equipping New Hire 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18-19 2 MESSAGE FROM FIRE CHIEF STUART GLASER It is my pleasure to present the 2020 Stillwater Fire Department Annual Report. The Stillwater Fire Department (SFD) is honored and proud to serve each citizen and visitor to our community with Professionalism, Respect, Integrity, Dedication and Excellence - P.R.I.D.E.! The year 2020 was an unprecedented year. The nation grappled with the COVID-19 worldwide pandemic, multiple instances of civil unrest and a high profile general election. All of these events affected all of us in some way, shape or form. Through it all, SFD modified and adapted as necessary to ensure high quality, safe and efficient response. In 2020 SFD responded to 1,938 emergency incidents. The City of Stillwater and surrounding communities continue to grow and expand. As these changes occur, rest assured that the men and women of SFD will continue to meet these challenges. SFD prides itself on highly trained and dedicated personnel striving to provide outstanding service to the residents we serve. 2020 Highlights: 0 Placed new class A engine in service 0 Placed new MSA G1 Self Contained Breathing Apparatus (SCBA's) in service 0 Placed new gear washer/extractor in service 0 Promoted three personnel to Volunteer Paid -on -Call Lieutenants 0 Hired several Volunteer Paid -on -Call Firefighters 0 Supported neighboring agencies via mutual aid and automatic aid agreements 0 Implemented response protocols to provide for the safety of personnel and residents during the COVID-19 Pandemic 0 Continued to ensure all personnel met required certifications by utilizing distance and virtual training models Since 1872 the dedicated men and women of the Stillwater Fire Department have been protecting life and property to those who live, work and visit our community. I look forward to continuing this long standing tradition and leading SFD into the next decade. Sincerely, spa V 944.er Stuart W. Glaser Fire Chief 3 Communities Served CITY OF STILLWATER Mayor Ted Kozlowski City Council Ryan Collins David Junker Tom Weidner Mike Polehna City Administrator Tom McCarty City Clerk Beth Wolf CITY OF GRANT Mayor Jeff Huber City Council John Rog Jeff Giefer Tom Carr Jeff Schafer City Clerk Kim Points MAY TOWNSHIP Township Supervisors Bill Voedisch John Adams John Pazlar Township Clerk Linda Tibbetts STILLWATER TOWNSHIP Township Supervisors Bonnie Haines Mike McMahon Rod Hunter Tim Sinclair Shelia -Marie Untiedt Township Clerk Kathy Schmoeckel ri May Township City of Grant Stiltwarer FD • Stillwater Township City of Stillwater ler •maiikkiarm:4!. bar. ISM Lake ELMO Elmo we worm r. Bayp❑ FD to Marine FD['4:.: 4 Services Provided Fire Suppression • Structure - Residential/Commercial • Wildland/Urban Interface/Grass • Marine • Auto Technical Rescue • Auto and Machinery Extrication • High Angle Rope Rescue • Confined Space Rescue • Collapse • Hazardous Materials • Hostile Event Response • Terrorism Basic Life Support (BLS) Non -Transport Emergency Medical Services • Medical Emergencies • CPR and AED Certified • Advanced Airway Placement • BLS Drug Variances • Assist Lakeview EMS • Blood Pressure Wellness Checks Water & Ice Rescue • Surface • Dive - Washington County Fire • Department Dive Team • Boat - River and Lakes Code Enforcement/Inspections • New Construction • Commercial • Multi -Family Residential • Daycare/Foster Care • Special Events Fire Prevention & Life Safety • Schools Visits and Activities • Open House • Senior Center Presentations • General Emergency Preparedness and Fire Safety Presentations Fire & EMS Education • In-service training for businesses; fire extinguisher, AED and CPR • Drills and exercises - conduct drills, exercise and re- view emergency plans for assisted living facilities and area businesses Maintenance • City Fire Hydrants - Assist Water Department with annual required maintenance and flushing • Fire Station - Maintain building, grounds, and mechan- ical equipment • Trucks and response equipment - Daily inspections and inventory of apparatus and equipment Community Support • Community Events • Station Tours • Child Safety Seat Inspections River Fuel Spill Drill CPR Refresher Training 5 Organizational Chart 1 Chief 1 FTE Deputy Chief Fire Marshal 1 FTE Assistant Chief Operations 1 FTE Fire Service Specialist .75 FTE Assistant Chief Administration 1 VPOC A Shift Captain 1 FTE Lieutenant 1 VPOC B Shift Captain 1 FTE Lieutenant 1 VPOC ■ Firefighter/Engineer 2 FTE 2 VPOC Firefighter 5 VPOC C Shift Captain 1 FTE Lieutenant 1 VPOC Firefighter/Engineer 2 FTE 2 VPOC Firefighter 5 VPOC Firefighter/Engineer 2 FTE 2 VPOC Firefighter 5 VPOC The Stillwater Fire Department was established by Council action on May 28, 1872. The De- partment is a combination Department consisting of 12 career fire personnel and up to 30 Vol- unteer Paid -on -Call (VPOC) personnel. Career staff consist of the Fire Chief, Deputy Chief/Fire Marshal, Assistant Chief of Operations, three Captains, six Firefighter/Engineers and a .75 Fire Service Specialist support position. The Department is staffed twenty four hours per day, seven days per week, three hundred sixty five days per year with a minimum of two personnel. The VPOC personnel respond when paged and calls have various levels of urgency. During 2020 there were 179 calls that VPOC were toned to assist. 6 Response summary 1 Incidents by Time of Day 450 434 175 171 Incidents by Day of Week ■ 00:00:00 - 03:59:59 ■ 04:00:00-07:59:59 • 08:00:00 -11:59:59 • 12:00:00 -15:59:59 • 16:00:00 -19:59:59 ■ 20:00:00 - 23:59:59 • Sunday • Monday • Tuesday ■ Wednesday ■ Thursday • Friday • Saturday Incidents per Month 170 1$1 156 130 110 193 166 173 16172 1 164 162 ii • January • February • March • April • May • June • July • August • September October • November • December 7 Calls by District 2% • City of Stillwater - 1,578 • City of Grant - 88 • May Township - 87 ■ Stillwater Township - 148 ■ Mutual Aid - 37 Annual Run Response Trend 1,821 2018 1,938 *Due to the Governor's Executive "Stay -at -Home" Order, SFD saw a de- crease in call volumes in 2020. 2019 2020 8 SLID Fire District * City of Stillwater, City of Grant, May Township, Stillwater Township 14% 24 % . '2% ■ Fire - 456 ■ EMS - 1,203 • Service - 279 Fire Calls • Structure - 33 ■ Vehicle - 21 • Brush/Other - 29 • MVA/Extrication - 66 • Technical Rescue - 34 ■ Alarms -131 • Hazardous Material - 45 Electrical - 46 Smoke - 18 Carbon Monoxide - 33 • Assist Invalid - 78 • Assist Police/Sheriff -12 • Assist Other - 68 Controlled Bum - 52 ■ Cancelled Enroute - 69 * District total includes Mutual and Auto Aid Calls 9 City of Stillwater City of Stillwater 21% Fire - 324 ■ EMS - 1,044 ■ Service - 210 Fire Calls ■ Structure - 19 • Vehicle - 9 • Brush/Other -18 ■ MVAIExtrication - 45 Technical Rescue - 13 • Alarms - 108 • Electrical - 32 • Hazardous Material - 40 ■ Smoke -13 Carbon Monoxide -27 Service Calls • Assist Invalid - 66 • Public Assist - 59 ■ Assist Police - 10 ■ Controlled Bum - 15 • Cancelled Enroute - 60 10 City of Grant City of Grant • Fire - 22 EMS - 48 Service - 18 Fire Response 5% • Structure - 1 • Vehicle - 4 • Brush/Other - 2 • MVA/Extrication - 5 • Alarms -2 • Electrical - 2 • Hazardous Material - 2 Smoke - 2 Carbon Monoxide - 2 Service Calls • Assist Invalid -2 • Public Assist -3 • Controlled Burn - I 1 • Cancelled Enroute - 2 11 May Township May Township • Fire - 29 • EMS - 46 • Service - 12 Fire Response 4% 4%%PII\ 1O% • Structure - 3 ■ Vehicle - 3 • Brush/Other - 3 • MVA/Extrication - 5 • Technical Rescue - 4 ■ Alarms -5 • Electrical - 2 7 Hazardous Material - 1 Smoke - 1 Carbon Monoxide - 2 • Public Assist -2 • Controlled Bum - 4 Cancelled El -mute - 4 12 Stillwater Township Stillwater Township ■ Fire -51 • EMS - 63 ▪ Service - 34 Fire Response • Structure - 1 ■ Vehicle - 4 • Brush/Other - 4 • MVA/Extrication - 9 ■ Technical Rescue - 3 • Alarms -16 • Electrical - 10 • Hazardous Material - 1 ■ Smoke -2 Carbon Monoxide -1 Service Calls ■ Assist Invalid - S ■ Public Assist - 2 ■ Controlled Burn - 22 • Cancelled Enroute - 2 Fire Prevention Property and Content Saved The Stillwater Fire Depai twent protects a wide variety of properties which have substantial dollar value and also buildings which have great historical significance to our City and the State of Minnesota. The personnel of SFD are proud of our heritage and are extremely honored to be chosen to protect and provide service to the City of Stillwater - the Birthplace of Minnesota, City of Grant, May Township and Stillwater Township. The chart below indicates the total property and content saved vs. loss which occurred by fire in the Stillwater Fire Depaitinent response District over the past several years. Property and Content Save vs. Loss LL- 2018 2019 2020 ■Property and Content Saved $14,891,300.00 $13,678,520.00 $8,832,300.00 NI Property and Content Loss $1,193,700.00 $947,580.00 $1,114,770.00 Cost estimates are derived from property value records from the Washington County Property Records and Taxpayer Services Code Enforcement The Fire Prevention Division continues to support the mission of the Stillwater Fire Department to protect life and property through dedicated service. Fire Prevention staff are licensed by the State of Minnesota and listed below are some of the duties performed. • Search for fire hazards • Ensure that buildings comply with fire codes • Test fire alarms, sprinklers, and other fire protection and extinguishing equipment • Inspect equipment such as gasoline storage tanks and air compressors • Conduct follow-up visits when an infraction is found • Review emergency evacuation plans • Confer with developers and planners to review plans for residential and commercial buildings • Keep detailed occupancy records • Conduct fire and life safety education programs During 2020 Stillwater Fire Department personnel conducted 275 inspections, issued 36 permits and had 344 con- sults. SFD along with the Water Department flushed 1,162 hydrants within the City of Stillwater. Hydrant flushing is a quick release of water from fire hydrants. It's a controlled procedure that is vital to the general maintenance of the City's water distribution system. It ensures adequate water flow is available to firefighters, residents and businesses. Hydrant flushing also ensures that all hydrants, valves, and mains are in working order. 14 i Improvements Performance Surveys The Stillwater Fire Depaitruent wants to provide the communities it serves with the best services possible. SFD takes great pride in their commitment to the public and are constantly seeking ways to improve our service. To assist us, we send out customer satisfaction surveys to individuals that had contact with SFD to evaluate our level of service. We had a return rate of 40% of completed and returned surveys. Listed below is a chart and comments that we received in 2020. 207 207 206 206 r r r 210 Were courteous Showed compassion Were professional Displayed How would you rate and helpful for my situation in appearance professionalism your overall experience • Strongly Agree • Agree • Disagree • Strongly Disagree • "We appreciate how quickly they arrived and how they presented themselves and made everyone more re- laxed in a stressful situation." • "I'm proud to have a Fire Department as compassionate and kind." • "On the worst day of my life, the team was calm, caring and professional and brought a sense of calm and control to the situation." • `I was so impressed by their promptness, calmness and compassion." "They let my dog out and with my per- mission gave a neighbor my garage code so I didn't have to worry about my dog." • `I very much appreciate their help, as I was not feeling well and they shoveled my driveway for the ambu- lance around 1:00 a.m. - thank you very much." • `I was so scared about my husband's condition and every single person involved were compassionate and helped me feel it will be ok." "Very protective regarding social distancing in the midst of COVID-19. They are such an asset to Stillwater and I'm so proud that they are part of the community." Fire Prevention Preschool Visit Fire Prevention School Visit 15 Improvements SFD updated our Self Contained Breathing Apparatus (SCBA) in 2020. The new MSA G1 SCBA have a 4500 psi bottle which allows firefighters to stay on air for approximately 40 minutes. Each SCBA has emer- gency breathing hoses, personal alert safety system, mask with heads up display showing air levels, Blue - tooth communications and better visibility. • IlL liliwwiiuw SFD updated front line apparatus with FLIR K1 personal thermal imaging cameras will improve situational aware- ness and crew safety. Each crew entering a hazardous environment will have this technology available to them to assist with firefighting efforts. Firefighter health and safety is paramount for staff. SFD installed a new washer/extractor and gear dryer to clean and dry contaminated turnout gear after structure fires, hazardous materials incidents and EMS calls involving blood -borne pathogens. SFD replaced an outdated breathing air compressor and fill station. The new compressor is capable of filling air cylin- ders to 6000 psi. The fill station is able to fill the 6 storage bottles and 3 SCBA bottles at a time. This new compressor allows crews to return to service much faster than the previous system. 16 Training Activity SFD PERSONNEL HOLD THE FOLLOWING CERTIFICATIONS: • Firefighter I • Firefighter II • Emergency Medical Responder (EMR) • Emergency Medical Technician (EMT) • Advanced EMS Certification • Hazardous Materials Operation Level • Terrorism Awareness Training • Fire Apparatus Operator • Technical Rescue • Vehicle Extrication • Confined Space Rescue Live Burn Training During the current pandemic, SFD continued to train and tained physical distancing. When practical, virtual training Training activities included Fire Training, EMS, HazMat, proximately 3,954 hours. improved their skills while they stayed healthy and main - was implemented. Technical Rescue, Dive and Department Meetings for ap- Volunteer Paid -on -Call (VPOC) Firefighter VPOC Firefighters are essential to the operations of the Stillwater Fire Department. The process to become a VPOC is extensive but the reward in helping others is significant. Those applying for a VPOC position must live within 10 minutes from the fire station. Applicants will attend an informational meeting that covers hiring process and training requirements, successfully pass a written exam and oral interview panel. Applicants selected to move forward complete and pass a background investigation, physical ability test, psychological screening and medical testing. Those successful in passing all aspects of the hiring process may be considered for a VPOC Firefighter position. During their 12 month probation, candi- dates will attend over 290 hours of training and education. VPOC Firefighters are required to respond to 25% of All Ca11 tones each quarter. • Firefighter I - 120 hours • Firefighter II - 32 hours • Hazmat Operations - 32 hours • EMS Training - 40 hours • SFD Training - Tuesday evenings After the first year on the Department, staff shall meet the minimum monthly training requirements for licensing, com- plete Advanced Firefighter training, meet call response stand- ards and work a minimum number of hours on duty. Dive Training 17 Personnel Updates Years of Service The Department was proud and honored to award years of service pins and recognition to the following individuals for their dedication and commitment to the Stillwater Fire Department. Lieutenant Seth McCauley 5 Years of Service Promotions Assistant Chief John Nobles 25 years of Service On January 1, 2020, SFD promoted three Volunteer Paid -on -Call Firefighter/Engineers to Lieutenant. These positions play a crucial role in meeting staffing levels. All three of these individuals are new to their leadership roles and SFD looks forward to their insight and ideas as SFD moves into the next decade. Congratulations Seth McCauley, Ryan Smith and Ben Wojcik on your new responsibilities. Lieutenant Seth McCauley Certificate of Excellence Lieutenant Ryan Smith Lieutenant Benjamin Wojcik All Volunteer Paid -on -Call employees must respond to a minimum of twenty- five percent of "All Call" toned emergency incidents during each quarter of the calendar year. In 2020 there were 179 "All Calls" and Ryan Sarner responded to 130 of those calls for service and went above and beyond and averaged over 72% call re- sponse for the year. Ryan was awarded a Certificate of Excellence for the Highest Run Percentage two years in a row. Congratulations and thank you Ryan for your continued ded- ication to the Stillwater Fire Department and the citizens we serve. 18 Personnel Updates Retirement Tim Bell (TJ) was hired on October 7, 1969, as a Volunteer Paid -on -Call Fire- fighter. During those 51 years, TJ served under seven Stillwater Fire Chiefs and responded to well over 15,000 calls during his tenure. Tim is the longest serving member of the Stillwater Fire Department in its 149 year history. On December 31, 2020, having been a member for 51 years, 2 months and 24 days he turned in his uniforms and pager. Congratulations TJ and thank you for your dedicated service, knowledge, and friendship. You will be missed by everyone. New Hires Stillwater Fire Department would like to welcome George Burns, Lucas Hoffmann and Josh Knodle on board and look forward to their contributions for years to come. Firefighter George Burns Firefighter Lucas Hoffmann Firefighter Joshua Knodle * Cost of Equipping a Firefighter = $15,392 Turnout Gear - $14,000 Helmet - $150 SCBA Facepiece - $300 Nomex Hood - $135 Radio - $4,500 Gloves - $90 Bunker Gear Coat & Pants - $2,100 Structural Fire Boot - $325 Self Contained Breathing Apparatus - $6,000 Wildland Fire Gear - $400 *Not all uniform articles are pictured 19 ( Standard Uniform - $899 J Badge - $69 Uniform Shirt - $40 Name Tag/Years of Service - $59 Patches - $25 Belt - $24 EMS Pant - $53 Uniform Boots - $135 Job Shirt - $119 Leather Name Tags - $48 Soft Shell Jacket - $119 High Viz Jacket - $208 ( Class A Uniform - $493 Class A Coat - $189 Class A Trouser - $53 Leather Belt - $26 High Gloss Shoes - $73 Class A Shirt - $40 Cap/Tie/Brass - $112 0 EigLE REMEaf@ n1�/ork Rc�ote[I�/ a^ � a O tk7p&ficc[3ro fftlictra P&S1k�fllIQ;Dis4ance LearnnLg ----- Dial back s _ ie O�@ atym DaVIg tarmandicE 5ert-mglabibig Masai, Swab UECNTi 7DEg mc{bg._ @OCr0lI#0ONO liva test Antign To����y your hands p@noi Fliatten thie iiine Cite of titttuater, Aturte5ota FAIR HOUSING MONTH PROCLAMATION WHEREAS, The Fair 3-lousing .act, enacted on April ii, 1968, enshrined into federal Caw the goal of eliminating racial segregation and ending housing discrimination in the United States; and WHEREAS, The Fair 3-lousing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federalfunding to affirmatively further fair housing in their communities; and WHEREAS, The City of Stillwater is committedto the mission andintent of Congress to provide fair and equal housing opportunities for alL; and WHEREAS, Our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities; and WHEREAS, More than fifty years after the passage of the Fair 3-lousing Act, discriminationpersists, andmany communities remain segregated and WHEREAS, .acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency andfairness. NOW THEREFORE, I, Ted Xozlowski, .Mayor of the City of Stillwater, do hereby proclaim the month of April as N Fair Housing Month! -- in the City of Stillwater as an inclusive community committed to fair housing, and to promoting appropriate activities by private andpublic entities to provide and advocate for equal housing opportunities for all -residents andprospective residents of Stillwater. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 6th day of Aprii; 2021. J 4yor Cite of titttuater, Aturte5ota ORGAN DONATION AWARENESS MONTH PROCLAMATION WHEREAS, in 2020, more than 39,00o transplants brought renewed life to patients and their families and communities, from nearly 12,60o deceased andnearly 5,750 living donors; and WHEREAS, more than 100,00o people are waiting for lifesaving organ transplants, 60% of patients are minorities. another person is added to the nation's organ transplant waiting list every io minutes; and WHEREAS, sadly, 7,00o people die each year, an average of 20 people each day, almost one person each hour, because the organs they need are not donated in time; and WHEREAS, doctors work hard to save every patients life, but sometimes there is a complete andirreversible Coss of brainfunction andapatient is declared clinically and legally dead- and only then is donation an option; and WHEREAS, LifeSource, the Organ Donation Company that services .Minnesota, has completed 603 organ transplants from 185 donors, 642 tissue donations, and 484 eye donations in 2020 in our region despite the global pandemic; and WHEREAS ,April is set aside nationally as a month to celebrate those who have received transplants; to recognize those who continue to wait; to honor donors and donor families; and to thank registered donors for giving hope. NOW THEREFORE, I, 'red Xozlowski, Mayor of the City of Stillwater, do hereby proclaim the month of .April as ORGAN DONATION AWARENESS MONTH! ^- in the City of Stillwater and encourage the citizens of Stillwater to consider setting in place your wishes to doate your organs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 6th day of .Aprii; 2021. .Mayor Cite of titttuater, Aturte5ota 9 WHEREAS, Will Whittington is a member of the Stillwater Area High School Boys Swimming & Diving Team; and WHEREAS, Will's accomplishments are: • Set school records in the 200 medley relay, 50, 100 & 200 freestyle and 400 freestyle relay; • Set Conference records in the 200 medley relay, 50, 100 & 200 freestyle, 100 butterfly, 200 & 400 freestyle relay, and 100 backstroke; • Set Minnesota State High School League (MSHSL), Section 4AA record in the 200 medley relay, 50,100 & 200 freestyle and 200 freestytle relay; • Member of the Stillwater Dual Meet Dream Team in the 200 medley relay, 50 freestyle, 100 freestyle and 200 freestyle relay; • Member of the Stillwater All-time Top 10 list for the 50,100, 200 & 500 freestyle, 200 individual medley, 100 butterfly and 100 backstroke; • Earned All -State honors in 2021 for the 200 medley relay, 50 freestyle, 100 freestyle and 200 freestyle relay; • Earned State Champion in 2021 for 50 freestyle and 100 freestyle; • Earned All -Conference honors 3 years; • Earned All -American for 50, 100, & 200 freestyle, 200 medley relay and 200 freestyle relay in 2021 and 400 freestyle relay in 2018; and • Attending the University of Missouri next year. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim April 7, 2021 - Will Whittington Day in the City of Stillwater and encourage the citizens of Stillwater to congratulate Will on his accomplishments. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 6th day of April, 2021. %%%%%, STI+ ►►►• C��•ii,.� Mayor 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 March 16, 2021 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order via Zoom at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Community Development Director Turnblad Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Mayor Kozlowski announced that CPC Case 2020-60, a request by Joel Hauck and 200 Chestnut Partners, LLC, for a Conditional Use Permit, associated variances and an appeal to HPC's decision to not permit a 4th story on a proposed residential building at 200 Chestnut St E, has been pulled from the agenda at the request of the developer and will be on a future Council meeting agenda. RECOGNITIONS OR PRESENTATIONS Proclamation - Athlete Anthony Nelson Councilmember Polehna read a proclamation recognizing Anthony Nelson, a member of the Tampa Bay Buccaneers Football Team, 2021 Super Bowl Champions, grandson of Stillwater resident Jerry Nelson, and son of former Stillwater graduate and athletic standout out Jeff Nelson. Proclamation - Colorectal Cancer Awareness Month Mayor Kozlowski read a Proclamation designating March 2021 as Colorectal Cancer Awareness Month. Proclamation - Chris Rigney Retirement Mayor Kozlowski read a Proclamation recognizing Firefighter Chris Rigney on his retirement after ten years of service to the City. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-034, Chris Rigney Retirement. All in favor. City Council Meeting March 2, 2021 Proclamation - Jon Bell Retirement Mayor Kozlowski read a Proclamation honoring Firefighter Jon Bell on his retirement after 35 years of service to the City. Fire Chief Glaser recognized Mr. Rigney and Mr. Bell's combined 45 years of experience. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-035, Jon Bell Retirement. All in favor. OPEN FORUM There were no public comments. STAFF REPORTS Police Chief Mueller responded to a question stating that Stillwater Police Officers carry Naloxone to help save lives after overdose. There has been no fallout from the Minneapolis Chauvin trial. He is monitoring legislative changes that could affect Police Department activities. Two new officers and a Data Specialist have been hired. Finance Director Provos stated the Finance Department has heard nothing definitive about the American Rescue Plan Act of 2021, the new COVID relief package. City Clerk Wolf noted that property owners with questions about the market value of their property may attend Washington County's Open Book meetings on April 21 and 22. City Administrator McCarty reported there are funds within the new Federal COVID relief package for state and local governments but no details have been provided yet. Governor Walz's latest Executive Order will allow a number of operations to expand capacity. CONSENT AGENDA March 2, 2021 regular and recessed meeting minutes Payment of Bills Ordinance No. 1162 , an Ordinance amending Stillwater City Code Chapter 31-101 regarding zoning definitions, amending Chapter 31-509 regarding sign regulations, and enacting Chapter 31-505, Subd. 3 regarding garage sale signage (CPC Case No 2019-25) Resolution 2021-036, Approving the Cost Share Agreement between the Brown's Creek Watershed District and the City of Stillwater for Lake McKusick Sediment Removal Project (Project 2020-08) Resolution 2021-037, Approving Rate Increase for Recording Secretary Sanitary Sewer Manhole Inspection Project Resolution 2021-038, Resolution Supporting Development of a Complete Streets Policy for the City of Stillwater Cooperative Agreement between the City of Stillwater and Washington County for construction costs of an interchange on Trunk Highway (TH) 36 at Manning Avenue/County State Aid Highway (CSAH) 15 Resolution 2021-039, A Resolution Approving a Right -of -Way Setback Variance Application for the Property located at 12950 75th Street North (CPC Case No. 2021- 07) Page 2 of 10 City Council Meeting March 2, 2021 Resolution 2021-040, A Resolution Approving the Resubdivision of Lots 2-3, Block 12, Staples and May's Addition (Case No. 2021-02) Utilities Commission Appointment of Heidi Hutter Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case 2021-03 and Case 2021-10 to consider a request for an 11-Lot Preliminary Plat, Concept Planned Unit Development, Rezoning from AP to RB PUD, and an appeal request by Todd Ganz, Integrity Land Development for the Planning Commission's denial of a variance from the required 100-foot setback from Hwy 96. Property located at 13187 Dellwood Rd. Community Development Director Turnblad reviewed the case. Todd Ganz, Integrity Land Development, LLC, is proposing to develop 4.19 acres of land that currently includes two parcels with a home on each. These parcels are located at 13187 Dellwood Road North (State Hwy 96) and 2384 Oak Glen Trail. About half of the property (2.02 acres) lies within the Natural Environment Shoreland District of South Twin Lake. On these 2.02 acres, development must either be on one acre lots or must occur as a Shoreland Planned Unit Development (PUD). The developer has chosen to develop the entire site as a PUD, and the western 2.02 acres according to Shoreland PUD standards. The applicant has requested the following of the City Council: 1) Rezone the property at 13187 Dellwood Road from AP, Agricultural Preservation to RB, Two -Family Residential; 2) Concept PUD approval for a 12- lot development plan (includes both parcels); 3) Preliminary Plat approval of Heifort Hills Estate 2nd Addition, an 11-lot residential development (not including the existing lot at 2384 Oak Glen Trail, which is already platted); and 4) appeal of variance denied by the Planning Commission for 60-foot setback from State Highway 96 in order to build new houses as close as 60 feet to the standardized right-of-way, whereas 100 feet is required. Access is the most complicated aspect of this project. MnDOT will allow the existing access on Highway 96 to remain, but only one additional house may use this driveway. Given that the eastbound right turn lane into Oak Glen Trail begins right where the driveway intersects with the highway, MnDOT would prefer that the existing drive be eliminated. Since no additional access is allowed onto Highway 96, an alternate access point would be needed to develop the property. To accomplish this, the developer has acquired control of the Oak Glen Trail lot. He proposes to align the private road past the existing house at 2384 Oak Glen Trail where the road will be 20 feet wide, which is the minimum required by the Fire Department for fire access. On the south side, between the edge of the hardscape and the edge of the house there will be a six foot wide engineered surface that will bear the weight of heavy vehicles and which can be plowed, but allows the grass to grow through. The hammerhead turnaround at the end of the road meets fire safety standards. The southern portion of it is also made of the engineered grass surface material. The normal minimum distance between centerlines of offset legs of an intersection is 150 feet. The proposed offset is only about 30 feet. As a PUD, this project may utilize alternate road design standards, but the alternate design still must be safe. According to a Traffic Impact Study prepared by the City's consulting traffic engineer (SRF), the combination of Swenson Street, the proposed private access roadway (Neal Court) and residential driveways on Oak Glen Trail creates numerous driver decision/vehicle conflict points in rapid succession on Oak Glen Trail, a 30 mph local Page 3 of 10 City Council Meeting March 2, 2021 roadway. A safer intersection alignment is proposed by City staff, which represents the midway point between Swenson Street and Oak Glen Lane to its south. The disadvantage of the safer alignment is that the house at 2384 Oak Glen Trail would have to be moved or demolished. The Planning Commission denied the variance request and the developer has appealed the decision to the City Council. City staff recommends denial of the development as proposed with the private road north of the home on 2384 Oak Glen Trail. If the Council wishes to approve the development with a condition to relocate the private road per the recommendation of SRF, then staff recommends attaching 18 conditions. Mayor Kozlowski asked how a road can be built between two houses without setback variances; and Mr. Turnblad answered that if this were a standard development, not a PUD, a 40 foot setback from the back of a curb to the edge of a house would be required. PUD regulations by definition are more flexible. Councilmember Junker inquired if the private driveway coming off Highway 96 which serves one house, would become a private road; and Mr. Turnblad replied up to two homes are allowed per driveway before it is required to be built as a street. Councilmember Collins questioned if the City has previously allowed a house to be torn down so a road could be built connecting one neighborhood to another; and Mr. Turnblad responded that he is not certain, but in principle there is nothing within the subdivision standards that would prohibit it. Councilmember Odebrecht asked if grass-crete is used anywhere else in the City; and Mr. Turnblad answered that in some places, similar systems have been used, for instance on a driveway off Myrtle near Len's and in Lowell Park near the pavilion and amphitheater. Councilmember Polehna added that Bradshaw funeral home uses it in their parking lots. Mayor Kozlowski opened the public hearing. Paul Giordano, 2444 Oak Glen Trail, asked how the proposed roadway to Highway 96 could be allowed to be built right on top of the house next to him, which as part of Oak Glen would require a 40 foot setback according to Oak Glen development specifications. It would be a narrow road with a blind left turn and a road running right next to an Oak Glen house. He feels the quality of the neighborhood and safety of children playing in backyards will change dramatically if the road is put in. Rose Giordano, 2444 Oak Glen Trail, voiced concern that Oak Glen Trail, Oak Glen Lane and maybe Swenson would become a parking lot and that with no sidewalks, people will cut through the yards making property owners liable if somebody gets hurt. She strongly objects to the proposal. Peter Mayer, 2389 Oak Glen Trail, across from the proposed access road, stated none of the neighbors want the road. Oak Glen has no sidewalks, no parks, playgrounds or public spaces. Connecting this road to an already busy street would only add to this problem and put four traffic intersections within 150 feet of his home. He quoted City Code stating that streets will not be designed in a way to cause hardship to adjacent properties. He urged the Council to deny the proposal. Page 4 of 10 City Council Meeting March 2, 2021 Beth Harrison, 2389 Oak Glen Trail, requested that the Council uphold the Planning Commission's decision, deny the rezoning, deny the requested PUD and deny the setback variance. The proposed road would be too close to the existing house and would significantly impact the neighborhood. She quoted Subdivision Code and cited the traffic study referencing numerous driver decision points. The new road would pose an increased risk of injury and decreased safety, livability and property value in neighborhood. Practical difficulty is not met and granting the variance would cause a precedent. She presented a petition with 53 signatures from 35 houses against the proposal. Diana Middleton, 9142 Newgate Avenue North, stated the proposed lots would back up to her property. Per MnDOT regulations, the access to Highway 96 may only have one additional house. She feels the one remaining allowable access point must be reserved for her property. She added that behind Lots 2 and 3 there appears to be significant regrading. She asked how the developers will build a structurally sound holding pond on a level surface. She cited concerns about drainage, fence lines, setbacks, and increased traffic. Caitlin Mejia, 2370 Oak Glen Trail, who lives next to the house that would be moved or demolished, commented this development would drastically change the neighborhood and set a precedent. Punching a street through doesn't seem like the right answer. She stated the reason why there are so many homes going into this area is because the Comprehensive Plan deemed that space for mid density housing. However now that it has been boxed in and there are no access roads, that zoning seems unreasonable because the road system doesn't support it. She has safety concerns for neighborhood children. She asked Council to deny the request. Ms. Middleton's brother (no name given) clarified Ms. Middleton's question about a silt fence. Dan & Amy Stoffer, 2003 Swenson Street, asked the Council to deny the rezoning, PUD and Preliminary Plat and to deny the setback variance to Highway 96. They are concerned about safety and excessive traffic. Because there is no spot for kids in the neighborhood to play, they play in the streets. The proposed addition would harm the look, feel and livability of the Oak Glen neighborhood and likely decrease home values. There is already too much new development. This development doesn't make sense. Gary Gerds, 2270 Oak Glen Court, reviewed a letter he sent to the Council. He asked previously if there is a precedent for doing this and was told no by Mr. Turnblad. Planning Department staff told him this is the most complex request for a variance they have ever dealt with due to the number of requested variances. He feels it is unreasonable and alters the essential character of the neighborhood. Because there are no sidewalks in Oak Glen, the street has pedestrians, joggers, kids, and baby carriages. The proposal disregards engineering requirements with the 26 foot wide permeable surface; other such surfaces in the City are not streets. The dispensation of the existing residence at 2384 Oak Glen Trail is unclear. He remarked the Comprehensive Plan was not voted on by residents. Conforming to the Comprehensive Plan sacrifices the wellbeing of the residents of Oak Glen. He understands that apparently Mr. Ganz was able to pay an additional $20,000 to avoid having recreational space within this planned community. He feels the developer has a willful disregard for environmental considerations because of clear cutting to Heifort Pond. Page 5 of 10 City Council Meeting March 2, 2021 Bryce Erban, 2241 Oak Glen Trail, expressed health, safety and welfare concerns. Regarding the request for 18 variances, it is the developers' and architects' duty to try to conform to existing zoning requirements. The proposed road with 112 cars coming out of essentially a driveway between houses detracts from safety of the neighborhood, lowers Oak Glen property values, and sets a precedent. Gregg & Jenise Howard, 2351 Oak Glen Trail, stated having kids riding bikes is already stressful enough without worrying about 112 new cars coming through. They urged the Council to uphold the Planning Commission's recommendation. Dario Mejia, 2370 Oak Glen Trail, noted the sacred land was originally owned by Native Americans. It is important to continue to use land thoughtfully. He agreed with comments voiced by neighbors. Mayor Kozlowski closed the public hearing. He clarified the assumption in some of the emails he received that it is not the City Council's main focus to jam as many people into the City as possible. The Council's job is not to help developers make money, and staff is not working on behalf of developers. Zoning laws are set during the City's 10-year comprehensive planning process which is done with as much community input as possible, is well promoted and well publicized. Most of the property involved was part of a 30+ year orderly annexation agreement, so it should not be a great surprise that development is occurring. He takes issue with the assertion that Councilmembers do not care about the residents' input. He agreed with the neighbors that this proposal does not fit, but added that planned unit developments need to have flexibility. Variances do not set precedent or give anyone else a right to be granted that same variance. Councilmember Polehna stated he believes in landowners' rights, but proposals also must meet City Code and standards. He is not supportive of a variance for something like this. Councilmember Odebrecht noted there are too many issues with the proposal. The petition confirms that every property owner surrounding the site opposes it. The site would be effectively joining Oak Glen and would clearly change the essential character of the neighborhood. He would not support the proposed access, the hammerhead, or the proposed pervious surface. There is no hardship that justifies a variance. Councilmember Junker agreed that the proposed access road will not fit in this neighborhood. He cannot support the hammerhead at the end or the setback variance, nor trying to cram another nine units into an established neighborhood without sidewalks. Councilmember Collins pointed out that it is absurd to demolish a house to run a road from one development to another. The neighbors' health, safety and welfare concerns are legitimate. He added that the Planning Commission rarely denies something unanimously. Motion by Councilmember Collins, seconded by Councilmember Polehna, to deny the project. Councilmember Odebrecht suggested denial with prejudice to give the developer time to work with neighbors and iron out a design that makes more sense. Mayor Kozlowski and Councilmember Polehna stated they would not support denial with prejudice. The developer should come back with a totally different plan. Page 6 of 10 City Council Meeting March 2, 2021 City Attorney Land pointed out that a resolution was included in the packet denying all the applications. The Council may adopt that resolution as opposed to a blanket denial. Councilmember Odebrecht rescinded his motion. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-041, a resolution denying Concept Planned Unit Development, Preliminary Plat and Variance for Heifort Hills Estate 2nd Addition (Case 2021-03). All in favor. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to deny the rezoning of the property at 13187 Dellwood Road from AP, Agricultural Preservation to RB, Two -Family Residential. All in favor. UNFINISHED BUSINESS Creating Stakeholder Group for Expansion to St. Croix Rec Center City Administrator McCarty presented a resolution creating a stakeholder group to define the scope of a possible curling facility at the St. Croix Rec Center. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-042, Creating a Stakeholder Group to Define the Scope of a Possible Curling Facility and Connector Addition on the St. Croix Valley Recreation Center Site. All in favor. Financing Bid for Ameresco's Energy Efficient Improvement Project Mr. McCarty explained that Ameresco, Inc. completed an energy assessment and energy audit of City facilities in 2020 and identified lighting improvements at the St. Croix Valley Recreation Center, Lily Lake Ice Arena and the City Fire Station that will result in reduced energy costs for the City. Ameresco conducted a Financing RFP on behalf of the City in February 2021 for the energy efficiency projects in the amount of $219,480. First State Bank & Trust submitted the lowest responsible bid for funding the project. The energy savings in electrical cost will pay for the annual cost of the loan. Should the energy savings be short of the cost of the loan, Ameresco must cover the difference. Staff recommends the Council adopt a Resolution approving a financing bid from First State Bank. Mayor Kozlowski asked when the lights will be swapped out at the Rec Center; and Eric Laumeyer, Ameresco, answered that the project can begin by early April and be completed in 4-6 weeks. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-043, Approving a Financing Bid from First State Bank and Trust in the Amount of $219,480 for an Energy Efficiency Improvement Project for City Facilities Pursuant to the Energy Services Agreement between the City of Stillwater and Ameresco, Inc. All in favor. Temporary Outdoor Use Sales Permit Extension Community Development Turnblad explained that with COVID-19 impacting a second summer season, downtown business owners are asking if the City would have its outside seating/sales area (OSA) program again. Consequently, the City Council directed staff to renew the temporary OSA policies from last summer as much as possible. Staff asks the Council to consider: 1) adopting a resolution renewing the temporary OSA program; and 2) Page 7of10 City Council Meeting March 2, 2021 voting to extend the open bottle policy in Lowell Park through this summer season. He highlighted two changes: MnDOT does not allow commerce on State Highways. The executive order that allowed it last year is not in force now so there will not be parklets or seating on Main Street. However staff believes, in discussion with MnDOT, that permits might be allowed to be issued for curbside spaces for Main Street businesses. Another change is that public safety staff feel Myrtle Street speeds are too high for parklets on Myrtle Street. Mayor Kozlowski asked if the resolution might be worded so that if public safety OKs it, parklets on Myrtle would be allowed; and Mr. Turnblad answered staff can discuss that and can always amend the resolution in the future. He stated the final difference is that public works staff believe Nelson Alley is not wide enough for two way traffic plus parklets, and therefore suggests making Nelson one way westbound while this program is in force. Councilmember Junker and Mayor Kozlowski noted possible safety issues at the right turn onto Nelson from Main if there is no longer a parklet on Main at that corner.; and Mr. Turnblad replied staff can discuss that specific site when an application is received. Mayor Kozlowski requested that staff also consider ways that businesses may share some of these spaces where it is conducive; and Mr. Turnblad replied staff can work with business to facilitate sharing of the spaces, but for liquor licenses, by law the space must still be contiguous to the business. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-044, a Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic. All in favor. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to convert Nelson Alley to be one way westbound traffic through October 31, and to allow the open container policy to be continued in Lowell Park to October 31. All in favor. NEW BUSINESS Parking Mitigation Fees Community Development Director Turnblad reported that the Council suspended invoicing for parking mitigation fees through May 31, but clarification is needed whether monthly residential and business parking permits should also be suspended through May 31. Motion by Councilmember Junker, seconded by Councilmember Polehna, to start charging again for parking mitigation fees. All in favor. Potential Hosting of the World Snow Sculpting Championship Event Councilmember Polehna presented a proposal for Stillwater to host the first ever World Snow Sculpting Championship Event in 2022. The Chamber would coordinate the event. It would be a three-year commitment. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve supporting the Chamber to bring the first World Snow Sculpting Championship event to Stillwater. All in favor. Page 8 of 10 City Council Meeting March 2, 2021 COUNCIL REQUEST ITEMS There were no Council request items. CLOSED SESSION Motion by Councilmember Collins, seconded by Councilmember Polehna, to adjourn to Closed Session Pursuant to Minn. Stat. §13D.05, Subd. 3(b) for confidential attorney -client discussion regarding pending litigation in the eminent domain matter City of Stillwater v. John M. Ustipak, et al. All in favor. The meeting was adjourned to closed session at 9:25 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna. Also present: City Administrator McCarty, City Attorney Mikhail, Public Works Director Sanders. Motion by Councilmember Collins, seconded by Councilmember Polehna, to reopen the meeting. All in favor. The meeting was reopened at 9:36 p.m. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. The meeting was adjourned at 9:37 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021-034, Chris Rigney Retirement Resolution 2021-035, Jon Bell Retirement Resolution 2021-036, Approving the Cost Share Agreement between the Brown's Creek Watershed District and the City of Stillwater for Lake McKusick Sediment Removal Project (Project 2020-08) Resolution 2021-037, Approving Rate Increase for Recording Secretary Resolution 2021-038, Resolution Supporting Development of a Complete Streets Policy for the City of Stillwater Resolution 2021-039, A Resolution Approving a Right -of -Way Setback Variance Application for the Property located at 12950 75th Street North (CPC Case No. 2021-07) Resolution 2021-040, A Resolution Approving the Resubdivision of Lots 2-3, Block 12, Staples and May's Addition (Case No. 2021-02) Resolution 2021-041, a resolution denying Concept Planned Unit Development, Preliminary Plat and Variance for Heifort Hills Estate 2nd Addition (Case 2021-03) Page 9 of 10 City Council Meeting March 2, 2021 Resolution 2021-042, Creating a Stakeholder Group to Define the Scope of a Possible Curling Facility and Connector Addition on the St. Croix Valley Recreation Center Site Resolution 2021-043, Approving a Financing Bid from First State Bank and Trust in the Amount of $219,480 for an Energy Efficiency Improvement Project for City Facilities Pursuant to the Energy Services Agreement between the City of Stillwater and Ameresco, Inc. Resolution 2021-044, a Resolution Approving Temporary Waiver of City Code Permit & Zoning Requirements to Promote Business Activities During the COVID-19 Health Pandemic Ordinance 1162, an ordinance amending Stillwater City Code Chapter 31-101, regarding Zoning Definitions, amending Chapter 31-509, regarding Sign Regulations, and enacting Chapter 31-505, subd. 3, regarding Garage Sale Signage Page 10 of 10 Page 1 CITY OF STILLWATER LIST OF BILLS A&K Construction Ace Hardware Advance Auto Parts Advanced Graphix Inc. Advantage Police Supply AE2S Construction (EIM) American Planning Association AMI Consulting Engineers PA Aspen Mills Assoc. of MN Building Official AT&T Mobility Automatic Systems Co AutoNation Blazevic Abigail Bolton and Menk Inc. Boosalis Peter Boyer Trucks Bureau of Crim. Apprehension Canteen Refreshment Services Cardio Partners Inc CDW Government Inc. Century Link Cintas Corporation Coca-Cola Distribution Comcast Communication Systems Specialists Compass Minerals Computer Integration Technologies Coremark Metals Cornerstone Land Surveying Corval Constructors Cub Foods Dalco Dell Marketing L.P. Denucci Cody ECM Publishers Ecolab Emergency Medical Products Epson LabelWorks Store Esch Construction Supply Feider Adele Ferguson Waterworks #2518 FleetPride Flexible Pipe Tool Co. Force America Forestry Suppliers Inc. Boiler Room Door Supplies Repair supplies Fire magnets Headsets & equipment Dome Project AICP Application fee Riverbank Stabilization PPL Application Uniforms Membership Cell phone Well #5 repair Vehicle repair supplies Water OV Refund Lift Station Improvements Refund STHR Equipment repair supplies Terminal access charge Concession supplies AED & supplies Supplies Wellhouse SCADA System & telephones Uniforms & mat cleaning service Beverages for concessions Internet & Voice Communications cabling 2020 Salt Heirloom & Landmark Website Supplies 1920 Market Dr land surveying Equipment repair supplies Beverages for concessions Supplies Computer equipment Reimburse for work boots Publications Cleaning supplies Supplies Office supplies Supplies Refund dog license fee Water meters & supplies Equipment repair supplies Hose Equipment repair supplies Sawhead kit & blade 9,740.00 56.87 776.11 205.50 3,751.00 18, 089.19 70.00 1,755.00 753.93 225.00 103.37 289.90 109.32 500.00 4,281.50 200.00 121.28 270.00 620.37 572.00 563.72 1,198.32 2,578.90 665.18 300.60 2,922.76 20,937.81 540.15 70.06 850.00 1,886.58 140.61 2,074.80 580.17 119.99 346.75 357.60 204.18 58.65 466.65 20.00 5,426.67 274.99 624.00 54.63 191.30 Foxit Software Inc Golden Expert Services Gopher State One Call Inc. Grainger Greiner Michael Guardian Supply H&L Mesabi Hawkins Inc Heritage Printing Inc. Hisdahl Inc Hoisington Koegler Group Inc Holiday Companies Holiday Credit Office I/O Solutions Inc. (State Truck Center Jaytech Inc Junker Brad Kiesler Police Supply Kirvida Fire Inc. League of MN Cities LeVander Gillen Miller PA Lindstrom Solar LLC Loffler Companies MacQueen Equipment Inc. Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Metro Emergency Managers Assn Metro Sales Inc. MidAmerica Inc Miller Excavating MK Mechanical Inc MP Nexlevel LLC Municode NAPA Auto Parts Nardini Fire Equipment National Reprographics LLC Office Depot Office of MN IT Services Performance Plus LLC Pioneer Press St. Paul Pioneer Rim and Wheel Co. Pollard Water Praxair Ditribution Quill Corporation R&R Specialties Inc. Rehn Code Consulting Services Foxit PhantomPDF Janitor Service Locates Equipment repair supplies Reimburse for boiler license fee Uniforms & supplies Equipment repair supplies Chlorine Printing Plaques Design guidelines Vehicle washes Fuel Firefighter exam Equipment repair supplies Chemicals Reimburse for expenses Glock pistols Vehicle repair Training - Harassment Prevention Professional services Solar Energy Porting water dept main number Equipment Labor Relations Services Fuel Police garage lights Supplies Membership Copier Lease 121 Chestnut Lake McKusick Sediment Removal New boilers Locating Supplement pages Equipment repair supplies Inspection Scan construction projects Office supplies Language line Drug screen Subscription -Turnblad Tires Equipment repair supplies Cylinders Office supplies Equipment repair supplies Page 2 915.11 3,700.00 20.25 260.34 60.00 15,528.51 2,203.00 15.00 3,198.35 755.00 3,552.50 420.00 30.71 357.00 2,185.30 1,066.21 44.40 3,986.40 72.48 10.00 14,866.31 3,688.68 262.50 1,149.73 1,764.00 8,884.99 683.00 3,024.65 80.00 44.00 15,560.75 38,867.19 56,500.00 618.75 514.80 19.79 108.15 713.00 308.92 56.99 45.00 147.72 598.08 289.87 57.95 232.44 1,692.00 5,121.55 RiedelI Shoes Inc. Safe Fast Inc SEH Inc Shilts Cindy Springbrook Software St. Croix Boat and Packet Co. Stillwater Motor Company Street Cop Training Summit Companies Tablet Command Inc TBEI Inc/Crysteel Manufacturing Team Viewer Germany GmbH Telemetry and Process Controls TKDA Toll Gas and Welding Supply Tri-State Bobcat Uline Inc Utility Logic Valley Trophy Inc. Verizon Wireless Washington Conservation Distr Washington County Public Safety Radio Water Conservation Services Inc Xcel Energy York International Corp Zebra Athletics Zee Medical Service Zep Sales & Service LIBRARY Amazon Business ArtStart Baker and Taylor Blick Art Materials Brodart Co Cintas Corporation Hannah Karen Hedin Sue Loffler Companies Master Mechanical Inc. Menards Midwest Tape NADA Used Car Guide Nardini Fire Equipment Office of MN IT Services Premier Lighting Inc Quill Corporation Skates Uniforms Downtown lighting study Reimburse for gas Upgrade - professional services Arena Billing Vehicle service Training Annual Sprinkler Inspection Annual subscription Equipment repair supplies TeamViewer Subscription Misc Chestnut Street Civic Plaza Argon Supplies Supplies Equipment Engrave Wireless Service BMP Maintenance 800 Radio user fees Repairs Energy Equipment repair supplies Mats for DT training First aid supplies Zep 0 Shine Materials Programs - Adult Materials Supplies Materials Towels & Rugs Staff Reimbursement Staff Reimbursement Copier/Printer RTU #2 Smoke Detector/ RTU #4 Low Limit Supplies Materials Materials Annual Maintenance Telephone - February LED Light Conversion Supplies Page 3 1,056.42 944.80 3,195.00 25.01 31.25 67,587.75 509.14 299.00 435.00 5,000.00 144.27 1,188.00 8,418.02 15,814.98 148.05 380.84 4,480.55 307.29 20.00 3,217.20 2,864.80 10,802.16 987.45 44,257.38 468.00 1,140.00 168.65 150.18 61.45 425.00 722.00 78.00 8,739.14 163.51 55.68 101.09 733.45 1,596.13 67.41 410.71 175.00 219.29 143.70 4,314.49 69.37 Page 4 FEBRUARY CREDIT CARDS Amazon.com AMEM Apple iTunes At Your Pace Online Constant Contact Defensive Edge Training & Doty Belt Dropbox ETrailer Global Leadership Network Kwik Trip Lathem Time LED Lighting Supply Lowes Home Centers Inc. MN Erosion Control Assoc. Pony Express Safariland Training Group United Negro College Fund University of Minnesota Washington County Dept of Public FEBRUARY MANUALS Comcast Enterprise FM Trust Postmaster Quill Sirotiak Lauren SW/WC Service Cooperatives Supplies Membership iAnnotate app for new council member Water Operations course Constant Contact Licensing Shotgun Armorer Course - Lund Lift belt system Additional Dropbox Bus License LED back up light for trailer Leadership Summit - Mueller Fuel for Airboat Timecards and rack PW exterior light bulbs Snowblower parts Erosion Control & Stormwater Mgmt Conference Squad wash Impact Munitions Instructor Course MLK Day event Conference Hazardous Waste Generator License Internet Lease vehicles Newsletter Postage Office supplies Reimburse for mileage for training Retiree Health Insurance 696.85 200.00 10.70 125.00 405.00 450.00 177.41 133.97 304.53 39.00 82.01 171.80 697.47 262.28 129.00 39.63 825.00 100.00 235.00 102.00 134.90 7,963.52 1,760.40 169.99 71.68 75,774.38 Memorandum TO: Mayor and City Council FROM: Taylor Stocked, Natural Resources Technician DATE: April 1, 2021 SUBJECT: Adoption of Emerald ash borer (EAB) Bulk Discount Treatment Program DISCUSSION: Emerald ash borer (EAB), a non-native insect that has been shown to cause nearly 100% mortality in native ash trees, was first discovered in Stillwater in 2018. To aid in the preservation of Stillwater's ash trees, bids were sought for an EAB treatment bulk discount program. Three bids were received, with Rainbow Treecare offering the most competitive prices. The proposal offers flat rate costs for both the City to treat ash trees on public property, as well as for residents to treat ash trees on private property. As part of the agreement, Rainbow Treecare will also assist in outreach by mailing a postcard to all residences in Stillwater to notify households of the program. RECOMMENDATION: Staff recommends that Council authorize the approval of the proposed Emerald ash borer bulk discount treatment program. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion to adopt the Emerald ash borer bulk discount treatment program and enter into agreement with Rainbow Treecare. AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made effective 2021 by and between the City of Stillwater, (the "City") and Rainbow Treecare (the "Contractor") whose business address is 11571 K-Tel Dr., Minnetonka, MN 55343. PRELIMINARY STATEMENT The purpose of this agreement is to set forth terms and conditions for the provision of certain professional tree care services by the Contractor to residents and property owners within the City, and to the City. The City and the Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide professional tree care services as described in Attachment A —Scope of Services and made a part of this Agreement ("the Work"). If there is any conflict between the language of this document and the language of Attachment A, the language of this document prevails. 2. Project Manager and Staffing. The Contractor has designated Jeff Hafner to be the project superintendent for the Work. This person may be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. The Contractor may not remove or replace the designated project superintendent without the City's prior approval. 3. Time for Performance of Services. The Contractor must perform the Work within the timeframe set forth in the attached Scope of Services. If Contractor is delayed in performance due to any cause beyond its reasonable control, such as strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance will be extended by the period of time lost by reason of the delay. 4. Compensation for Services. Contractor shall be paid for the Work in the manner described in the Attached Scope of Services, and made a part of this Agreement. 4. Method of Payment. The Contractor must submit an itemized invoice for Work provided to the owner of the property on which the services are provided. Invoices submitted for Work provided to the City will be paid in the same manner as other invoices submitted to the City. The Contractor must verify all statements submitted to the City for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. 5. Audit Disclosure. The Contractor must allow the City or its duly authorized agents reasonable access to the Contractor's books and records that are pertinent to all Work provided to the City under this Agreement, including books and records of any approved subcontractors, for six years after the effective date of this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor and its subcontractors under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. 6. Data Privacy and Security. The Contractor will take all reasonable and prudent measures to ensure the security of all data that it handles in connection with the Work. The Contractor agrees to comply with the applicable provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. 7. Document Ownership. All finished or unfinished documents, data, and reports prepared by the Contractor related to Work for the City will become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the Work provided. Except to the extent that Minnesota Statutes Chapter 466 limits the City's liability, the City agrees to defend and indemnify the Contractor for any claims or losses resulting from the City's use of such documents not contemplated by the parties at the time of the preparation. 8. Term. The term of this Agreement is from the Effective Date through October 1, 2021, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as stated in this Agreement. 9. Termination. This Agreement may be terminated by either party by thirty days advance written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor will be paid for Work rendered and reimbursable expenses hereunder until the effective date of termination. If however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment will be made to the Contractor, and the City may retain another Contractor to undertake or complete the Work. 10. Subcontractor. The Contractor may not enter into subcontracts for Work provided in this Agreement without the express prior written consent of the City. The Contractor agrees to pay any subcontractor within ten days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1.5% per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For any unpaid balance of less than $100, the Contractor must pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. This paragraph is inserted in this Agreement pursuant to Minn. Stat. §471.425, Subd. 4a. 11. Independent Contractor. At all times and for all purposes under this Agreement, the Contractor is an independent contractor and not an employee of the City. No statement in this Agreement may be construed to find the Contractor an employee of the City. 12. Assignment. Neither party may assign this Agreement without the written consent of the other party. 13. Services not Provided For. No claim for services furnished by the Contractor not specifically provided for in this Agreement will be honored by the City or its residents. 14. Severability. The provisions of this Agreement are severable. If any portion is held by a court of competent jurisdiction to be contrary to law, that decision will not affect the remaining provisions of the Agreement. 15. Entire Agreement. The entire agreement of the parties is contained in this Agreement. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement as well as any previous agreements presently in effect between the parties relating to the same subject matter. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and signed by the parties, unless otherwise provided in this Agreement. The residents and property owners of the City of City who are provided Work under the terms of this Agreement are third party beneficiaries and shall have all of the rights afforded to the City hereunder related to such Work. 16. Compliance with Laws and Regulations. In providing services under this Agreement, the Contractor must abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided. Any violation constitutes a material breach of this Agreement and entitles the City to immediately terminate this Agreement. 17. Equal Opportunity. The contractor agrees during the life of this contract not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. This contract may be cancelled or terminated by the City, and all money due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms and conditions of this paragraph. The Contractor must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the Work and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 21. Insurance. During the term of this Agreement, Contractor must maintain the following insurance and furnish a certificate of insurance. The certificate must specifically state and verify that the contractor has the required insurance coverage: 1. Worker's Compensation Insurance a. Statutory Compensation Coverage b. Coverage B - Employers Liability with limits of not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident 2. Automobile Liability Insurance a. Minimum Limits of Liability: $1,000,000 - Per Occurrence- Bodily Injury and Property Damage Combined Single Limit. b. Coverages: X Owned Automobile X Non -owned Automobile X Hired Automobile 3. General Liability Insurance a. Minimum Limits of Liability: $1,000,000 - Per Occurrence $2,000,000 - Annual Aggregate $2,000,000 - Annual Aggregate applying to Products/Completed Operations b. Coverages: X Premises and Operations Bodily Injury and Property Damage X Personal &Advertising Injury X Blanket Contractual X Products and Completed Operations X Other; if applicable, please list: X City of City is named as Additional Insured The contractor must obtain insurance policy(ies) from insurance companies having an "AM Best" rating of A -(minus), Financial Size Category of VII or better, and be authorized to do business in the State of Minnesota. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits to satisfy the full policy limits required by the Contract. The contractor and authorized insurance representatives must maintain coverage in these amounts during the term of the contract and notify the City thirty (30) days before the required insurance is cancelled or changed. The insurance policies must name the City as an additional insured for the services provided under this Agreement and must provide that the Contractor's coverage will be the primary coverage in the event of a loss. A certificate of insurance on the City's approved form that verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Any policy deductibles or retention shall be the responsibility of the Contractor. No deductible greater than $50,000 is allowed on any required insurance policy without prior approval of the City's attorney. 20. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 21. Disputes. In an effort to resolve any conflicts that arise during or following the completion of the Work described in this Agreement, the dispute will first be submitted to non -binding mediation unless the parties mutually agree otherwise. The cost of mediation will be shared equally by the parties. 23. Attachments A. Scope of Services B. Ash Tree Injection Price Quote Form for City Property C. Ash Tree Injection Price Quote Form for Private Property SIGNATURES City of Stillwater By Tom Kozlowski, Mayor By Beth Wolf, City Clerk Contractor By: Name: Title: Attachment A —Scope of Services Ash Tree Injection Services to the City of Stillwater Project Understanding The Emerald Ash Borer (EAB) threatens the lives of the thousands of ash trees located in the City of Stillwater (the "City"). As the City continues to prepare for this devastating infestation and infection, the City has agreed to enter a contract with Contractor to provide tree injection services for ash trees ("ash injections" or the "Work") within two separate areas: City -owned property and private property as specified herein (the "Project"). Project Goals • Protect ash trees from emerald ash borer infestation on City -owned properties, including parks. Treatments of City -owned trees will begin after City staff makes the decision to begin treatments. • Provide a bulk discount program to all private property owners within the City of Stillwater to encourage residents to proactively inject their ash trees growing in order to help preserve the City's tree canopy and the accompanying economic and environmental benefits. Project Areas Area 1- Cit ry property Ash trees on City property identified by the City as trees to receive injection treatments will begin after staff has made the decision to proceed with such Work. Unless City staff directs otherwise, all ash injections must be completed between June 1st and September 30th of each year, or before fall leaf color, whichever occurs sooner. Area 2 — Private property Homeowners will contact Contractor directly to initiate an inspection, receive a quote and provide permission to perform the Work. Contractor will inspect the ash trees on private property and determine whether they are appropriate for treatment and all invoices will be submitted directly to the homeowner, and the City shall have no liability for or involvement in the provision of such Work. All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. Project Period and Completion Dates The tree injection period will run from approximately June 1st —September 30th of each year. Contractor may reserve the right to group tree injections based on geographic proximity within the injection period in order to achieve the efficiency needed to provide a discounted rate. Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The city forester or person designated by the City Manager reserves the right to extend or limit the time period based on seasonal conditions. Contractor Qualifications Indemnification Contractor shall indemnify and hold harmless the City and its employees, and its residents and property owners from and against all claims, damages, losses and expenses including attorney's fees, arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is: (a) Attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of tangible property including the loss of use resulting there from, and (b) Caused in whole or in part by any negligent or wrongful act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them for whose acts any of them may be liable. The Project Team Contract Supervisor: Field Inspectors: Technicians: Equipment and Treatment Specifications Upon request, Contractor will demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Safety Standards: Contractor will use work methods, safety procedures and personal protective equipment conforming to all ANSI and OSHA standards in performing the work under this contract and will supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: It is the responsibility of the Contractor to follow all insecticide instructions. Any alterations in the formulations or equipment must be approved in advance by the city forester or person designated by the City Manager. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the Contractor and the City. Ash Trees 1) All injections of ash trees must be with a liquid formulation of 4% Emamectin benzoate. No substitutions of the formulations shall be allowed. 2) Contractor shall inject Emamectin benzoate at the medium rate specified chart in Attachments (B) and (C). Determination of dosage shall be on the inches of diameter at breast height (DBH) within specific diameter classes listed in Attachment (B) and (C). 3) Injections must be made at the root flare to ensure the best distribution of the insecticide throughout the tree. Equipment: Contractor will provide all necessary equipment to complete the Work under these specifications: 1) Equipment will remain in proper operating condition throughout the term of the Agreement and RTC is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of Contractor. 2) Treatment technicians will use a high -helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of Emamectin benzoate into ash trees. 4) Emamectin benzoate will be injected into ash trees using current industry standard injection systems that have efficacy data that supports their use, and follow all manufacturers' specifications. 5) All injected trees must be tagged with the year of injection clearly indicated on the tag. Contractor shall provide tags for all injected trees. The tags must be of a design and type that can persist on the tree for at least 3 years. Property Access and Notification Contractor shall not enter private property without having previously obtained permission from the property owner. If Contractor personnel desire to enter private property to access trees on a City owned property, it is their responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. Every attempt shall be made to contact the City forester to notify of the intent on accessing a City owned site through private property. Contract Supervision and Form of Order to Proceed The City shall refer residents interested in private property tree injections throughout the treatment period of June -September of each year in a format mutually agreed upon prior to the start of the Project. Private Property Tree Inspections Prior to recommending treatment, all proposed ash trees shall be inspected by a qualified Contractor employee. There may be instances when a tree is not in suitable health or condition to recommend treatment. Contractor shall have an individual experienced in communicating tree information to the general public to explain such decisions. The person assigned to inspect the trees shall be, at the very minimum, a Certified Minnesota Tree Inspector, or have a degree in forestry, or be an ISA Certified Arborist. The individual shall be qualified to diagnose emerald ash borer; and have experience evaluating tree condition. Additionally, the individual shall be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. Hours of Operations and Uniform The City reserves the right to set limits on hours of operation for Work on Saturdays, Sundays and holidays. All weekend or holiday Work must be approved by the city manager ahead of time. Certified applicators and GPS staff shall wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the Project shall display a company logo or name. City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION AMENDING RESOLUTION 2021-002 ADOPTING 2021 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2021-002 entitled "Resolution Approving the City of Stillwater 2021 Fee Schedule" on January 5, 2021; and WHEREAS, on March 22, 2021 the Stillwater Parks and Recreation Commission recommended increasing rental rates at the St Croix Valley Rec Center and Lily Lake Arena due to increase repair costs on aging equipment and to maintain competitive with surrounding facilities; and NOW THEREFORE, BE IT FURTHER RESOLVED that Resolution 2021-002 is hereby amended to reflect the following rates for the 2021-2022 season: I. ST. CROIX VALLEY RECREATION CENTER RATES: Hourly Rates: Prime Time Non -Prime Time Summer Ice Rec Center Ice $215/hour $220/hour $165/hour $165/hour Lily Lake Ice $210/hour $215/hour $165/hour $165/hour Full Field Hours $310/hour $320/hour $260/hour $165/hour Half Field House $210/hour $260/hour $190/hour $165/hour Adopted by Council this 6th day of April 2021. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING THE ADDITION OF ADDITIONAL LICENSE PREMISES OWNED BY FORGE AND FOUNDRY DISTILLERY WHEREAS, a request from Forge and Foundry Distillery Company to add the outside deck attached to the establishment as an amendment to their liquor license premises located at 223 Main Street North has been received; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and continuous"; and WHEREAS, adding the additional space to their licensed premises, would allow the Forge and Foundry Distillery to expand their establishment. BE IT RESOLVED, that the Stillwater City Council hereby approve the additional licensed premises located at 223 Main Street North, conditioned upon the following: 1. Approvals Washington County Public Health and Environment Department, Police, Fire, Building, and Finance Departments as well as the Minnesota Alcohol & Gambling Enforcement Division. Adopted by the Stillwater City Council this 6th day of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk flwater '. H t 0, M INN E S❑ I A MEMORANDUM TO: Mayor and City Council C_ FROM: Shawn Sanders, Public Works Director / City Engineer DATE: March 30, 2021 SUBJECT: 2021 Hardcourt Rehabilitation (Northland Pickle Ball) Background The Public Works Department budgeted $135,000.00 to rehabilitate the Northland Park tennis courts to pickle ball courts. The process for this project will include remove the fence, reclaim the existing bituminous surface, grade and shape surface to drain, install new bituminous, court surface and striping and install a new fence with windscreens. The layout will include eight pickle ball courts. Discussion Staff received four quotes with Minnesota Paving and Materials being the low bidder at $116,900.00. Staff has worked with Minnesota Paving and Materials in the past on successful projects. The contractors anticipated start date is June 1 with a completion the middle of July. Recommendation Staff recommends the approval of the low bid from Minnesota Paving and Materials of $116,900.00. Funds will come from the Parks Capital Outlay budget. MEMORANDUM To: Mayor and City Cpuncil From: Shawn Sanders, Public Works Director/City Engineer Date: March 30, 2021 Re: Laurel Street Stairway Repair DISCUSSION Public Works staff received bids to replace the steps at Laurel Street location. Curb Masters, Inc. was low bid at $82,880.00. The work will include replacement of the concrete steps, railing and Restoration along the side of the steps. Curb Masters, Inc. is qualified for this project and has performed well on past city projects. RECOMMENDATION Staff recommends approval of Curb Masters, Inc. for the Laurel Street Stairway Repair for $82,880.00. Funds will come from the Capital Improvement Fund. liwater THE BIRTH P L A C E OF MINNESOTA City Council REPORT DATE: March 31, 2021 CASE NO.: 2021-13 HEARING DATE: April 6, 2021 REQUEST: 1) Vacation of Drainage and Utility Easements 2) Zoning Map Amendment (ZAM) from AP, Agricultural Preservation, to RB, Two Family 3) Preliminary Plat approval for Marylane Gateway Addition, a six -lot, single-family residential subdivision LOCATION: 8483 Marylane Avenue North LANDOWNER: Mark and Marlene Pavlick DEVELOPER: Jeff and Missy Hause representing JAM Freedom, LLC COMPREHENSIVE PLAN: LMDR, Low/Medium Density Residential ZONING: AP, Agricultural Preservation REVIEWED BY: Reabar Abdullah, Assistant City Engineer; Tom Ballis, Deputy Fire Chief; Taylor Stockert, Natural Resources Technician; Karen Kill, Administrator, Brown's Creek Watershed District REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND Jeff and Missy Hause, JAM Freedom LLC, plan to develop a 2.57-acre parcel at 8384 Marylane Avenue North. The preliminary plat for the project, to be known as Marylane Gateway Addition, shows six (6) single family lots, one of which will contain the existing residence. In addition to consideration of the preliminary plat, the applicant is requesting the City's consideration to rezone the property from AP — Agricultural Preservation to RB — Two Family Residential and vacate the existing property's drainage and utility easements. The request was heard by the Planning Commission and Parks and Recreation Commission (PRC) at their regularly -scheduled meetings in March. SPECIFIC REQUEST The applicant has requested the city to approve: 1. A Vacation for existing drainage and utility easements; 2. A Zoning Map Amendment for 8384 Marylane Avenue North to be changed from AP — Agricultural Preservation to RB — Two Family Residential; and 3. A Preliminary Plat for Marylane Gateway Addition. CPC 2021-13 April 6, 2021 Page 2 EVALUATION OF REQUEST I. REZONING JAM Freedoms, LLC proposes to have the property rezoned from AP, Agricultural Preservation, to RB, Two -Family Residential. The 2040 Comprehensive Plan's Future Land Use Map guides the property is for Low/Medium Density Residential (LMDR) development; the LMDR requires new development to be 1-4.4 units per acres. The RB district corresponds to the guided LMDR density and, as proposed, the development will contain 2.33 units per acre. Therefore, RB is an appropriate zoning district for this situation. It is customary for the City to condition the rezoning upon final plat approval. II. PRELIMINARY PLAT The 2.57-acre parcel is proposed to be subdivided into six single family lots. One home currently exists at the northern edge of the property; this structure would remain onsite on a newly -platted lot. A. Minimum Dimensional Standards: RB District Massing Standards RB Standard Min. requirement Proposed Lot area: single-family 7,500 sf 17,267 sf min Lot area: two-family 10,000 sf 17,267 sf min Lot width: single-family' 50' 64.22' min. Lot wide: two-family' 75' 64.22' min. Lot depth2 100' 238.16' min. Lot frontage on public road 25' 64' min. Front setback: house 20' 30' min. Front setback: garage 30' 30' min. Side setback 5/15'3 7.5' min Rear yard setback 25' 140' min. Maximum lot coverage 50% (25% bldg.; 25% other) TBD The proposed development plan conforms to the RB District's dimensional standards (note that they are incorrectly noted on the attached plans). When building permits are issued, each new residence will be reviewed against the setback and lot coverage requirements. Proposed residences that do not conform to the standards will not be allowed. B. Civil Engineering City Engineering staff has reviewed the development. Generally speaking, the proposed development, including the drainage and utility easement vacation, is in conformance to the City's Engineering design standards. However, there are two areas of concern: 1. A storm sewer pipe is proposed to be located between Lot 5 and Lot 6. Drainage and utility easements for Lot 5's southern lot line and Lot 6's northern lot line will each need to be increased to 1 Width is measured between side lot lines at right angles to lot depth at a point midway between front and rear lot lines 2 Average distance between front and rear lot lines. 3 Total of both side setbacks must be a minimum of 15 feet, with a minimum of 5 feet on each side. CPC 2021-13 April 6, 2021 Page 3 10' for a total of 20' between the two. Additionally, a 10' drainage and utility easement will be required for the southern lot line for Lot 6. 2. The stormwater treatment pond outlet will cause some issues to the properties to the east of the proposed development. In 2018 the City of Stillwater, in coordination with the Browns Creek Watershed (BCWD), constructed the "Marylane Drainage Improvements," to alleviate stormwater problem getting close to the properties on the east of the proposed Marylane Gateway development. The project included creating a swale filled with river rocks to carry the water south between the proposed development and these properties to the drainage area. Adding an outlet will block this drainage swale and cause the water to move east toward the backyard of the properties to the east. The City will not allow this and other options will have to be investigated; City staff has been in discussion with the developer regarding plan revisions. A condition of approval is proposed to ensure the stormwater design is updated prior to final plat submittal. Additionally, City engineering staff has advised the following, most customary, conditions of approval should be considered: • All of the preliminary civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City offices for filing with Washington County. • All electrical and communication utility lines are required to be buried. • The vacation of the existing drainage and utility easements shall not become effective until after final plat approval. The easement vacation documents shall be reviewed and approved by the City Attorney. The easement vacation shall be recorded with Washington County prior to the recording of the final plat. • The existing home will be required to pay water and sewer hook-up charges. The fees will be payable prior to release of the final plat for recording with Washington County. At the time of memo development, those fees are: o Water Hookup: $4,588.37/unit o Sanitary Sewer Hookup: $4,588.37/unit • The developer will be responsible for paying development impact fees based upon the net developable acreage of the project, which is 1.98 acres (2.57 gross minus 0.59 for the existing home's proposed lot coverage). The fees will be payable prior to release of the final plat for recording with Washington County. At the time of memo development, the following development impact fees are required: o 2021 Trout Stream Mitigation ("AUAR") fee: $3,787.07/acre - Total of $7,498.40 o 2021 Trunk sewer and water fees: $11,671/acre - Total of $23,108.58 C. Tree Preservation & Landscaping Two applicable development standards exist for trees on this project: 1) tree preservation and 2) street trees. 1. Tree preservation: The City's conservation regulations indicate private development may not reduce the existing number of significant trees on the property by more than 35%, nor can the canopy cover by reduced by more than 50%. While the development is proposing to remove trees to accommodate the building sites and stormwater facilities, no greater than 35% of the significant trees nor 50% of the canopy cover will be removed. 2. Street trees: The subdivision code requires an average of three trees per lot along the street, though they are to be planted outside of the platted right-of-way'. A total of five trees, one for each new 4 City Code Ch. 32, Subd. 6(3)q CPC 2021-13 April 6, 2021 Page 4 home created, are proposed for the development but, fifteen trees are required. So, an updated landscape plan showing the 10 tree deficit will be required prior to the release of the final plat. The landscaping plan should be developed in consultation with the City's Natural Resources Technician to ensure species diversity is achieved. The subdivision code allows a tree replacement fee to be paid if they cannot be planted on site. The fee would be based upon the retail cost of a 2" DBH deciduous tree. If this is the desirable approach for the developer, this will be outlined in the Development Agreement to be considered by the City Council at the time of final plat. Applicable conditions of approval include: • The size of the replacement trees must be an average of 2 inch diameter at about four feet above ground. Conifers must be at least 6 feet tall. D. Environmental Considerations 1. Floodplain — The property includes no FEMA identified floodplains. 2. Shoreland Overlay District — The property does not lie within a shoreland overlay district. 3. Wetlands — The property has no wetlands. 4. BCWD — A Brown's Creek Watershed District permit will be required for the development. While the applicant has submitted for BCWD review, BCWD has determined their application incomplete. A condition of the City's preliminary plat approval is that a BCWD permit shall be obtained prior to the submittal of a final plat. E. Park & Trail Dedication When future developments are contemplated, review for conformance to the adopted Sidewalk and Trail plan, Park and Open Space plan, and the subdivision ordinance, which requires sidewalks on all through streets, must be considered. The developer is not proposing any park, trails or sidewalks to be associated with Marylane Gateway Addition. Upon review of the City's Trails and Sidewalks plan, no trails or sidewalks are being proposed in this area. A trail does run along the western side of Marylane Avenue North, connecting the Rutherford Station neighborhood to the Browns Creek State Trail. Additionally, when the property to the south — Marylane Meadows — was platted, the City required connection from Manning Avenue to Settler's Glenn 2nd Addition. The Parks and Open Space plan does not envision any public parks on or near the proposed subdivision. That said, however, the far northwestern corner of this property is located outside the 1/4 mile park service area. With only a small land area outside of the service area and this area being — essentially — the front yard to the existing residence, staff has determined it is not appropriate to require land dedication for this development. On March 22, 2021 the PRC reviewed the plat and provided recommendation regarding Park and Trail land dedication. The PRC recommended that, in lieu of land dedication, $2,000 park and $500 trail fee should be accepted for each new lot created. A condition of approval, memorializing the PRC's recommendation is included. CPC 2021-13 April 6, 2021 Page 5 ACTION REQUESTED The developer requests the City to approve the drainage and utility easement vacation, preliminary plat, and rezoning requests. ALTERNATIVES The City Council has several available alternatives: 1. Approve — If Council finds that the information submitted is sufficient and that the preliminary plat is consistent with the Comprehensive Plan, compliant with City code, and is not detrimental to the neighborhood, then Council should adopt the resolution approving the preliminary plat; approve the first reading of the rezoning ordinance and conceptually approve the easement vacation request (which will be formally approved with the final plat). 2. Deny — If the Council does not find that the preliminary plat is consistent with the Comprehensive Plan, compliant with City code, and is detrimental to the neighborhood, the Council can deny the application. 3. Table for more information. RECOMMENDATION Both the Planning Commission and City staff recommend approval of the requests with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary plat Sheet C-001 Dated 2/25/2021 • Demolition plan Sheet C-010 Dated 2/26/2021 • Site, grading, erosion & sediment control plan Sheet C-201 Dated 2/26/2021 2. The rezoning shall not become effective until after the approval of the final plat. 3. The stormwater management plan must be revised and found satisfactory to the City Engineer prior to the submittal of the final plat application. 4. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City offices for filing with Washington County. 5. Drainage and utility easements for Lot 5's southern lot line and Lot 6's northern lot line will each need to be increased to 10' for a total of 20' between the two. Additionally, a 10' drainage and utility easement will be required for the southern lot line for Lot 6. 6. The drainage and utility easement vacation approval shall not be effective until the final plat is approved. Such vacation request shall be submitted with the final plat for review and approval by the City Attorney prior to release of the final plat from City offices for recording with Washington County. 7. The developer shall obtain a Browns Creek Watershed District permit prior to ground disturbance. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 8. An updated landscape plan showing the 10 tree deficit, will be required to be submitted prior to the release of the final plat. The landscaping plan should be developed in consultation with the City's Natural Resources Technician to ensure species diversity is achieved. The size of the trees must be an average of 2-inch diameter at about four feet above ground. Conifers must be at least 6 feet tall. If paying a fee in -lieu of tree installation is the desirable approach for the developer, this will be outlined in the Development Agreement to be considered by the City Council at the time of final plat. CPC 2021-13 April 6, 2021 Page 6 9. Materials may not be stored in the critical root zone of trees to be saved, nor may equipment or materials be leaned or stacked against trunks of trees identified to be saved. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 11. The existing home will be required to pay the $4,588.37/unit water and $4,588.37/unit sanitary sewer hook-up charges. The fees will be payable prior to release of the final plat for recording with Washington County. 12. The developer will be responsible for paying development impact fees based upon the net developable acreage of the project, which, for 2021, is $7,498.40 for Trout Stream Mitigation ("AUAR") and $23,108.58 for Trunk sewer and water. If the fees are not paid in 2021, the fees will be adjusted annually. The fees will be payable prior to release of the final plat for recording with Washington County. 13. In lieu of park and trail land dedication, the developer shall be required to pay a $2,000 park and a $500 trail dedication fee for each new lot intended for new construction. The fees will be payable prior to release of the final plat for recording with Washington County. 14. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. Otherwise, such a sign will not be permitted in the future. 15. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site, and prior to holding a pre -construction meeting with the City Engineer for the project. Attachments: Site Location Map Development Plans Draft Preliminary Plat Approval Resolution Draft Rezoning Ordinance cc Jeff and Missy Hause 1. ...., ..., 12191 3 1 3490 '' " - ,________, 3 '> ir 489 -f IIIwater "�.OF 2054 12 -, COUNTY g }�� # F `►'° as'1 1221 M r t' 9 .---ROAD 64 - 4 3484 34 3487 j) Lt s� 3481 87TF� • 3483 3481 34 _MCKUsICK ROA] The Birthplace of Minnesota Site Location .„ _ __- __.il,,,, +4°h , -v _ - -ti "- __ d-N� ..=��a��'���.". � 8483 Marylane Ave N 1472 1478 1484 _Z49 k 1498i 1465 � 1479 1497 y 8483 P "a •4 1468 Iv 1474� 1 14 1462 COURT 1456 1465 11475- Ce '1450 it �� 1460 1465 0 125 250 50Feet 1445 1491 I_I.'. 1452 1445 0 1447 Z, ' m • General Site Location 1435 1435 _• 1 1444 0\�. _ �°444 -G 1429 ' J. IIP � I ■.► ■A1r —111 ae.. . 3690 1425 8399 1 I 3650 r ' 1436 '�� •14t3B, �11i�� NIE.6 � �, 1111 i nLt 11 , e�IIP ... �O / 1 � ►.__, ` ., 'V" .,I 0 363 K 14251428 142 f 1426 / ifiii� �Ij J vi ri ": �� \�• �: ®®® 3710 �, 365 3702 / ,'� $ 7 1420 �•�� 1��� �1190" ��.,II i� .ni. r�, .��`I ..4.1" �� `�•ih ,F T ®® C+�/ I ,; 1, I _ 362 .It. 3694 1 .. ,, ate;;, 8 .`0111 l �� rl1��- ®m�` memeam ®�i N, '1615 3686 ,,�,. "3611 36? \\- 4T: -* . �J ` tl7411��+A 1 ■e — 8337 /336 3678 m .1is alewhi •Q1.ii a�I ipli � tl 3632 3610 ;3604 • 3620 1330 :. p -: _ M- ^' . ` �� 11/�� �.. .. �,�11 '` i�! M.Mif �I 1 L..-- o = , y A. 3650 -8325 , 10 3 �" . -1. co CO o MCKUSICK ROAD N. C.S.A.H VICINITY MAP X 1- I L 7 - _ I II II �T I I II I 2 L - I t 3 4 ♦ 5 O L 1 o MARYLANE AVE. N. NOT TO SCALE LOCATION MAP DELLWOOD ROAD MCKUSICK ROAD N w w Z z w a w J >- SITE 80TH STREET N 75TH STREET N z w w a J w O PROJECT CONTACTS OWNER MARK AND MARLENE PAVLICK 613 155TH AVENUE SOMERSET, WI 54026 MARK PAVLICK T (651) 353-8113 DEVELOPER JAM FREEDOM LLC 613 155TH AVENUE SOMERSET, WI 54026 JEFF HAUSE T (651) 442-6555 CIVIL ENGINEER ELAN DESIGN LAB, INC. 901 N 3rd STREET SUITE 120 MINNEAPOLIS, MN 55401 STEVE JOHNSTON, PE T (612) 260-7982 LANDSCAPE ARCHITECT ELAN DESIGN LAB, INC. 901 N 3rd STREET SUITE 120 MINNEAPOLIS, MN 55401 PILAR SARAITHONG, RLA T (612) 260-7982 LAND SURVEYOR CORNERSTONE LAND SURVEYING, INC. 6750 STILLWATER BLVD. N. SUITE 1 STILLWATER, MN 55082 DAN THURMES, LS T (651) 275-8969 COMMUNITY DEVELOPMENT CITY PLANNER CITY OF STILLWATER 216 FOURTH ST N STILLWATER, MN 55082 ABBI JO WITTMAN T (651) 430-8822 PUBLIC WORKS CITY ENGINEER CITY OF STILLWATER 216 FOURTH ST N STILLWATER, MN 55082 SHAWN SANDERS, PE T (651) 430-8835 SHEET INDEX C-000 COVER SHEET C-001 PRELIMINARY PLAT BY CORNERSTONE SURVEYING C-002 EXISTING CONDITIONS BY CORNERSTONE SURVEYING C-010 DEMOLITION PLAN C-201 GRADING PLAN C-202 SWPPP C-203 EROSION CONTROL PLAN C-301 UTILITY PLAN C-501 DETAILS C-502 DETAILS C-503 DETAILS L-010 TREE PRESERVATION PLAN MARYLANE GATEWAY STILLWATER - MINNESOTA PRELIMINARY PLAT APPLICATION FERUARY 26, 2021 MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 Civil I- ngineering I anoscaoe Architecture C onstruction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com P�� P� 0041 FO ON CO SHEET COVER SHEET 0-000 NOT TO SCALE PROJECT NO. CLS20020 TREE TAG # `n w_ U LLJ 0_ V) CONDITION w 1- 0 Z I A / A ee• / / / A //, -/- / A / 1/1/ /I /--///\//-, / / / / \ / / / // / / \ / / v r , A / F r / Y / I / l 1 / V r, / A -/- I- / / / I / I L _ / I / MCKUSIK ROAD N. C.S.A.H. NO. 64 A / \ / I5 EXISITNG LEGAL DESCRIPTION: TYP. DECIDUOUS TREE #3307 1 Spruce, white 2 Spruce, white 3 Spruce, white 4 Spruce, white 5 Spruce, white 6 Spruce, white 7 Maple, silver 8 Aspen, quacking 9 Boxelder 10 Ash, green 11 Elm, american 12 Elm, american 13 Elm, american 14 Elm, american 15 Apple 16 Apple 17 Cherry, black 18 Ash, green 19 Cottonwood, easterl 20 Walnut, black 21 Maple, silver 22 Ash, green 23 Maple, silver 24 Maple, silver 25 Basswood, american 26 Oak, red 27 Spruce, white 28 Elm, american 29 Maple, silver 30 Spruce, white 31 Cherry, black 32 Elm, american 33 Elm, american 34 Oak, bur 35 Oak, red 36 Cherry, black 37 Aspen, quacking 38 Aspen, quacking 39 Cherry, black 40 Cherry, black 41 Oak, red 42 Elm, american TYP. CONIFEROUS TREE #3307 TREE TAG 1 SEE TABULATION ON THIS SHEET 0 0or0 0 or ❑ TREES: /ery Fair Fair Fair Fair Fair Fair Fair Good Fair Fair Fair Good Fair Fair Fair Fair Fair Fair Good Good Fair Fair Fair Fair Fair Good Fair 9 Fair 18 Fair 30 Fair 10 Good 10 Fair 16 Fair 19 Fair 9 Good 16 Good 6 Fair 17 Good 14 Good 13 Fair 8 Good Fair 10 12 10 16 13 12 51 16 22 18 10 15 7 8 11 12 2x 23 2x 15 21 21 66 3x 22 22 22 33 3x 20 7 6 30 51 2x 26 25 28 2x 26 25 22 extra parcel extra parcel extra parcel extra parcel extra parcel extra parcel extra parcel 19 extra parcel 14 extra parcel DENOTES TREES AS IDENTIFIED AND LOCATED BY: Mark Rehder President & CEO Rehder Forestry Consulting www.rehderforestryconsulting .com 612-760-3519 City of Stillwater Tree Preservation Definitions - Significant Tree: a tree measuring at least 6 inches in diameter at 54 inches above ground (dbh). Cottonwood, silver maple, and box elder are protected at a size of 20 inches (dbh). Buckthorn and Siberian elm are not considered significant trees at any size. A 2x in the notes section denotes a tree with 2 stems, etc. 20 boxelder trees averaging about 12" in diameter that were not captured and make up the majority of the south lot, plus some siberian elm 0 ✓ IAC IEPI ET FOUND MONUMENT 1/2" IP MARKED RLS 1 5480 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 -0- POWER POLE O GAS MANHOLE O GAS METER • TELEPHONE MANHOLE ▪ TELEPHONE PEDESTAL co SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN O IMBI O x 950.0 WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING SPOT ELEVATION TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE FLARED END SECTION O STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE 90. WM UE UNDERGROUND ELECTRIC u v UNDERGROUND CABLE TV OF UNDERGROUND FIBER OPTIC UT UNDERGROUND TELEPHONE ou OVERHEAD UTILITY UG UNDERGROUND GAS > SANITARY SEWER >> STORM SEWER WATERMAIN x x FENCE CURB [TYPICAL] 1230 - CONTOURS /////////////// BUILDING LINE BITUMINOUS SURFACE CONCRETE SURFACE a4 / / / »» v61 V 9/4 ID 9/2 V 30"RCP X 919.6 911.0 - Z V 909.2 V 61 --- v 909. 909.4- V I A / / 1 / / 1 Y V / I 9090 S OX c-, ro 0 X '0 0 0 ` / / / A / / , / / / / V \ A / / \ / / / / V \, -/- / , A / / / / / \ / / \ / / V r 7 / \ / / / / / / \� I0" DRAINAGE AND UTILITY EA UE #27 UG UT UE Ic UG t � - 909.6 X908.2 X 9 06.5 J X905.9 r--905.7 905.2 5H RI v=909.3 X904.8 9095 9 �9 STMH 909.7 I 08, 1 6 "BURRIED RIM=906.6 PLAN X909.0 1� INV=901.6 N PLAN -`FLOOR =912.2 911.1 X 906 X906.4 16 132.1 #26 UG / / A / -/- \ / / / / / / / \ / / Y V / 0T r, / /, / / -1- r" / / -/ /- -1 \ r , r , / , I A / A / / .. /- < /- r / / 1 / 1 / L J / I \/ Y Y / V / #31-- 0,0- S8 917.8- ' 9 PER PEAT>7.7 UG #2q 915.8 X 9/ s ql4 4/a aU 90q\X 7%�Y. 4 X907.6 5SI3 g06.7- X905.8 7.5 ' D+U EASE 7.5 ' D+U EASE ° UE 4"E x FENCE r ; #3 INGRESS AND EGRESS EASEMENT PER DESCRIPTION "AI' ------- /- - / / /- - \ / / r, r- r / / Fr /-- /-- /- \ / / I L - L - / \ 4 UG -59- #30 17.4 EM G 1 /////////X 917.5 EXISTING HOUSE / FLOOR \ =918.8 DECK L r WELL 917 OTW 915.38W = 915.8: W -916.9TW 9157SW �rG.9TW c� Q a C5 VFLOOR =911.1 j////4=911/////x 9OG.3 911.�2T V -909.IBW --911.2TW XPO •95 909.0BW Ivy 911.2TW -909.IBW FOUND 1/2 INCH' IRON PIPE MARKED 0.1' N. AND 0.2' E. OF PARCEL CORNER X 004.0 X907.0 X 905.3 TSB 0105.43 907.0 4X4 POST X 905.8 904.7 X DRAINAGE AND UTILITY EASEMENT PER PLAT X906.7 >> 27"X44"RC 908.7X X908.2 XG109.8 .08.1 FLOOR L/ =908.9 EXISTING HOUSE 907.9 909.3 k r, 68.66 0� N89°14 12 w � Y / r/- X907.5 X I A / A \ / r, / A - I/1/ / I Y /-- / 1 / I / V V / I / / L_ I/ I / r, A I I / /- r /_I / / / 1 / 1 / L _ FENCE X uu BB- - HOOP y #32 X 905.8 X905.4 X907.5 9\ q06 X907.1 X905.6 / � X906.8 X905.5 p� 4-XP06.7 40 GCB RIM=906.0 NV=901.5 PLAN 16.1 o2 #33 #42- SHEr' #34- 907.0 -1 907.3 - X(1106.1 D+U EASE SB PRIMARY q �4.q0 E)<906.8 - 917.6 21 " FOUND 1/2 INCH IRO 'IPE KED RLS 0.5' N RCEL ER X FOUND 1/2 INCH IRON PIPE MARKED 0.I' AND 0.2' // PARCELS• / #40 - 907.8 J --#3q 1 D+U EASE #I9 D+U EASE /I X907.3 X906.5 X907.I / 1/1/ 0 0 0 X 0 X FOUND 1/2 INCH IRON PIPE 0.1' N. OF AND 0.1' PARCEL CO X , 0 0 6 BURRIED 06.3 X 906 51-1H -2 X905.0 N 906.01 + X 905.3 90 RIM=906.7 a/J INV=P01.1 W PLAN 0 �9 0 9/4 he following Legal Description is as shown on the St. Croix Title as agent for Old Republic National Title Insurance Company Title Commitment No. P22405-2 1 -P2579, dated January 25th, 2021. Lot One (1), Block One (1), Rivards Addition, according to the recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; also that portion of the Northwest Quarter (NW 1 /4) of the Southwest Quarter (SW 1 /4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1 /2) of the Southwest Quarter (SW 1 /4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (1 25') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (1 25') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (1 25') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (1 25') to the place of beginning. EASEMENT NOTES: The following survey related exceptions appear on the St. Croix Title as agent for Old Republic National Title Insurance Company Title Commitment No. P22405-21 -P2579, dated January 25th, 2021. 7. Subject to the Slope Easement per Doc No. 728080. (DOES NOT EFFECT PARCEL) 8. Subject to the Highway/Drainage Easement per Doc. No. 728081. (DOES NOT EFFECT PARCEL) 9. Subject to the Washington County Highway Right of Way Plat No. 83 - Co. Rd. 64, per Doc. No. 71 41 83. (DOES NOT EFFECT PARCEL) 10. Subject to the terms and conditions of a Vacation, vacating the public drainage easement per Document No. 42221 91. (AS SHOWN ON SURVEY) 1 1. Subject to the Resolution of Zoning Ordinance Amendment - Washington County Ordinance No. 89, per Doc. No. 670563. (NOT SHOWN ON SURVEY) EASEMENT "A" And also an easement for ingress and egress described as follows: A strip of land Thirty-three (33) feet in width lying Thirty-three (33) feet Westerly of the following described line, to -wit: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW 1 /4 of SW 1 /4) of Section Nineteen (1 9), Township Thirty (30) North, Range Twenty (20) West which is the point of beginning of the easement line to be described; thence Southerly along the East line of said Northwest Quarter of the Southwest Quarter (NW 1 /4 of SW 1 /4) a distance of Thirteen and four -tenths (13.4) feet and there terminating. EASEMENT "B" And reserving an easement for ingress and egress described as follows: A strip of land Thirty-three (33) feet in width lying Thirty-three (33) feet, Westerly of the following described line, to -wit: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW 1 /4 of SW 1 /4) of Section Nineteen (19), Township Thirty (30) North, Range Twenty (20) West; thence Southerly along the East line of said Northwest Quarter of the Southwest Quarter (NW 1 /4 of SW 1 /4) a distance of One Hundred Thirteen and four -tenths (1 1 3.4) feet to the point of beginning of the easement line to be described; thence continuing Southerly along said East line of the Northwest Quarter of the Southwest Quarter (NW 1 /4 of SW 1 /4) for One Hundred Twenty-five (1 25) feet and there terminating. AREA: TOTAL AREA AS SHOWN = 1 1 1,756 SQ.FT. / 2.57 ACRES SURVEY NOTES: BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. NAD 83 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 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 COMPROMISE 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. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 210190165. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 SEPTIC/WELL EXISTING SEPTIC AREA TO THE WEST OF THE HOUSE NOT LOCATED. NO ADDITIONAL INFORMATION ABOUT THE SEPTIC SYSTEM WAS PROVIDED. WELL SHOWN EAST OF THE HOUSE. MARYLAN E GATEWAY ADDITION CONTACT: JAM FREEDOM, LLC C/O JEFF HAUSE 613 1 55TH AVE SOMERSET, WI 54025 651-439-0189 COUNTY/CITY: WASH 1 NGTDN CO U I J S i 1 L LWAT E R NORTH 0 30 60 REVISIONS: DATE REVISION 1-23-21 INITIAL ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that lam a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registtation Number: 25718 Date: 1-23-21 PROJECT LOCATION: 8483 MARY LANE N. PID#1 903020320050 1 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVJH36 JH1 9036 EXISTING CONDITIONS C-002 I, 1,/ / I /--/ / / \ / / -. / / / / \ / VA / ♦ / l / / / V \ / / l / l V / / // / / / \ / / r l / I A/ r\ / .1 -I- /-r / I/I/ /-- / , I / / 1/ V V l L_ / 1 / A / / \ / / / / V l i , EXISITNG LEGAL DESCRIPTION: PRELIMINARY PLAT \„ / / / ---v61 -1 /6� 9/4 9/2 V v X 919.6 91I.0- -\ v 909.6- 30"RCP »_ » 9�6 909.2 - 6 v 909 909.4 - V v 0 X I A / A i / 1/ A//\ / I /--/ / / \ / / -, V V / I / / / / / V \ x909.0 9 9,5 909.7 0 I= 1� MCKUSIK ROAD N. C.S.A.H. NO. 64 -/ i \ A / / / / / \ / / \ / / V \ i\ 1 / A / -/ \ / \ / \ / \ / / V / / /„/ /-/- /- r / / -, /- -/ / / I / \ / / / / INGRESS AND EGRESS 91E3 EASEMENT PER DESCRIPTION I'A1" -_ __ i\ r- / / /- - \. / A / i \ /\/ / / / V \ / , - 918.7 10' DRAINAGE UE #27 UG 909.6 X908.2 X906.5 X905.9 -905.7 / r 7 / \ / / / / / / \ - 132.2 r, r, ., I A / A / I A / A 1 / I / I / / I Y V V / I / , 1 A / / / /_1 L _ / I I-< F r / / I/I/ / \ / L / / 1 \ / V V / V ♦ / 0,0 8 917.8 / / / / PER "AT UG 915.8 X r 4"E 9 UE 0 9? 1 ai 1 DECK \ r, r- r- / / / r /- - /- - i- - S'LY LINE OF FORME x FENCE r-#3 UG #30-�-uG u \ EM GM 917.5 EXISTING 0 % HOUSE FLO R =9I8.8 I GM .6T i 10 6W V/ O //q�l . • •� P••/(.5( Q OL / Q 9/ / I' / C5 ql I 9; 7 rIe0 . FLOOR Vs X911.81 .con • / =911.1 q\ I 238.16 9/j 917,3rw 9. 2 w-909.IBW 9J12T11L '31-9yet-911I.2TW.OBW I 909.IBW FENCE // g16g16.1 i U -,- r , A / / / /-r / I / / / L _ 25.00 DESC. WELL -917.OTW -915.8:Wg15.3BW W ar .9TW 00 BB - HOOP #32 16. I I- - 917.6 // o #42 FOUND 1/2 INCH 20 IRE if i r KED RLS R'� 0.5" N. Ng I RCEL (i��'• ER a/ -O.q iiiia fs 4l 1 SHE I #34Pi 1 \.." ." 4. #3 o2� I #33 MYX s_/L /// q08 FOUND 1/2 INCH'/ 2 / IRON PIPE X907.0 X907.6 MARKED 0.1" N. AND 0.2' E. OF X 905.8 PARCEL CORNER g'ss g06.7- X905.8 X 904.9 270.66 N89°14'12"W X 905.3 3 BLOCK 1 akSB g05.43 270.16 N89°14'12"W N89°14'12"W 269.66 905.2 ------ -- EASEMENT VACATED -221r7°13 DOC. N0. 42221g1 / _ _ - X904.8 0,0 '3 1 +90 L STMH 96 '- BURRED 7.5 ' D+U EASE 7.5 ' D+U EASE g08.7X X908.2 X909.8 g08.1 21M=906.6 PLAN INV=901.6 N PLAN FL00R =912.2 LFLOOR 908.9 A EXISTING HOUSE 269.16 89°14'12"W DRAINAGE AND UTILITY EASEMENT PER PLAT ----�9a6.T /'1/ / 907.9--- 909.3 . �68.66 0 N89°14 +12 W 90 8' X9075 X 905.8 X907.5 X907.1 X905.6 X905.5 /'li/ 1- / L_ 906 L/ X906.1 D+U EASE S�RIMARY 04.g0 g �4.g0 FOUND 1/2 INCH IRON PIPE MARKED 0.1 AND 0.2" // PARCEL / #40 908.1- D+U EASE #I9 D+U EASE X907.3 X906 X907.1 X. 906.8 c, Xg06.7 10 CB rn` RIM=906.0 INV=901.5 PLAN I A / /;/ .. + X905.3 90 / 0 0 FOUND 1/2 INCH IRON PIPE 0.1" N. OF- AND 0.1 PARCEL CO 0 0 X 0 „ 06.3 X 906 / STMH X905.0 BURRIED R RIM=906.7 a`) NV=901.1 W PLAN 904.1 904.0 0 \9 0 9/6, 9/4 0 r� ACI EM ET 7 O 0 0 O or or MANNING AVE 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 SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN O red X 950.0 O UNDERGROUND UNDERGROUND UNDERGROUND WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING SPOT ELEVATION TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE ELECTRIC CABLE TV FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] 1230 CONTOURS /////////////// BUILDING LINE BITUMINOUS SURFACE CONCRETE SURFACE VICINITY MAP S.T.H. NO• 616 DELLW000 RD• CREEK (CO. RD. N0. 64) MCKUSIK RD. SITE BOUTWELL RD N NOT TO SCALE SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN PROPOSED DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) UNLESS OTHERWISE NOTED D+U EASE f DEVELOPEMENT DATA TOTAL PARCEL AREA = 1 1 1 ,756 SQ. FT. LOT 1, BLOCK 1 LOT 2, BLOCK 1 LOT 3, BLOCK 1 LOT 4, BLOCK 1 LOT 5, BLOCK 1 LOT 6, BLOCK 1 = 25,635 SQ. FT. = 16,859 SQ. FT. = 1 7,364 SQ. FT. = 17,332 SQ. FT. = 1 7,299 SQ. FT. = 1 7,267 SQ. FT. EASEMENT VACATION BUILDING SETBACKS: FRONT = 30' SIDE = 10' REAR = 25' MAX 30% LOT COVERAGE THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITY EASEMENTS COVERING THE EXISTING LOT 1, BLOCK 1, RIVARD ADDITION. NEW EASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF MARYLANE GATEWAY ADDITION. Those particular Drainage and Utility Easements over all of Lot 1, Block 1, as dedicated on the plat of RIVARD ADDITION, Washington County, Minnesota. SEPTIC/WELL EXISTING SEPTIC AREA TO THE WEST OF THE HOUSE NOT LOCATED. NO ADDITIONAL INFORMATION ABOUT THE SEPTIC SYSTEM WAS PROVIDED. WELL SHOWN EAST OF THE HOUSE. CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 The following Legal Description is as shown on the St. Croix Title as agent for Old Republic National Title Insurance Company Title Commitment No. P22405-21-P2579, dated January 25th, 2021. Lot One (1), Block One (1), Rivards Addition, according to the recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; also that portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (1 25') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (125') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (125') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (125') to the place of beginning. EASEMENT NOTES: The following survey related exceptions appear on the St. Croix Title as agent for Old Republic National Title Insurance Company Title Commitment No. P22405-21-P2579, dated January 25th, 2021. 7. Subject to the Slope Easement per Doc No. 728080. 8. Subject to the Highway/Drainage Easement per Doc. No. 728081. 9. Subject to the Washington County Highway Right of Way Plat No. 83 - Co. Rd. 64, per Doc. No. 7141 83. 10. Subject to the terms and conditions of a Vacation, vacating the public drainage easement per Document No. 4222191. 1 1 . Subject to the Resolution of Zoning Ordinance Amendment - Washington County Ordinance No. 89, per Doc. No. 670563. EASEMENT "A" And also an easement for ingress and egress described as follows: A strip of land Thirty-three (33) feet in width lying Thirty-three (33) feet Westerly of the following described line, to -wit: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Nineteen (19), Township Thirty (30) North, Range Twenty (20) West which is the point of beginning of the easement line to be described; thence Southerly along the East line of said Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) a distance of Thirteen and four -tenths (13.4) feet and there terminating. EASEMENT "B" And reserving an easement for ingress and egress described as follows: A strip of land Thirty-three (33) feet in width lying Thirty-three (33) feet, Westerly of the following described line, to -wit: Commencing at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Nineteen (19), Township Thirty (30) North, Range Twenty (20) West; thence Southerly along the East line of said Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) a distance of One Hundred Thirteen and four -tenths (113.4) feet to the point of beginning of the easement line to be described; thence continuing Southerly along said East line of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) for One Hundred Twenty-five (125) feet and there terminating. AREA: TOTAL AREA AS SHOWN = 1 1 1 ,756 SQ.FT. / 2.57 ACRES SURVEY NOTES: 1 . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. NAD 83 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 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 COMPROMISE 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. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 210190165. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey MARYLAN E GATEWAY ADDITION CONTACT: JAM FREEDOM, LLC C/O JEFF HAUSE 613 1 55TH AVE SOMERSET, WI 54025 651-439-0189 COUNTY/CITY: !!!f!, NORTH 30 60 DATE REVISION 2-12-21 INITIAL ISSUE 2-25-21 PRELIMINARY PLAT CERTIFICATION: 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. Daniel L. Thurmes Regist ation Number: 25718 2-12-21 Date: PROJECT LOCATION: E3 PID#1 903020320050 1 CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. PRELIMINARY PLAT DEMOLITON NOTES 1. BACKGROUND INFORMATION AND TOPOGRAPHIC SURVEY TAKEN FROM SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., ON JANUARY 23, 2021 EXPRESSLY FOR THIS PROJECT. ELAN DESIGN LAB CANNOT GUARANTY THE ACCURACY OR COMPLETENESS OF THIS INFORMATION. VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 2. CONTRACTOR SHALL BRING ANY CHANGED OR UNFORESEEN CONDITIONS THAT COULD RESULT IN ADDITIONAL COST TO THE ATTENTION OF THE OWNER AND ENGINEER AS SOON AS THEY ARE DISCOVERED SO THAT THEY CAN BE PROPERLY DOCUMENTED. FAILURE TO NOTIFY OR COVERING UN -WITNESSED WORK SHALL RESULT IN REJECTION OF CLAIMS FOR ADDITIONAL COMPENSATION. 3. PROTECT ALL STRUCTURES AND LANDSCAPE NOT LABELED FOR DEMOLITION FROM DAMAGE DURING CONSTRUCTION. ANY ON -SITE OR OFF -SITE AREAS DISTURBED DIRECTLY OR INDIRECTLY DUE TO CONSTRUCTION SHALL BE RETURNED TO A CONDITION EQUAL TO OR BETTER THAN THE EXISTING CONDITION. CONTRACTOR IS SOLELY RESPONSIBLE FOR ANY CIVIL PENALTIES RESULTING FROM THEIR WORK UNDER THIS CONTRACT. 4. NO DEMOLITION MATERIALS SHALL BE DISPOSED OF ON -SITE. ALL DEBRIS SHALL BE HAULED OFF -SITE TO A DISPOSAL AREA APPROVED BY APPROPRIATE GOVERNMENTAL AUTHORITIES FOR THE HANDLING OF DEMOLITION DEBRIS. WORK SITE SHALL BE LEFT IN A CONDITION THAT MINIMIZES EROSION POTENTIAL ON A NIGHTLY BASE. 5. LIMIT CONSTRUCTION ACTIVITIES TO THE CONSTRUCTION LIMITS SHOWN ON THE PLAN. IF WORK NEEDS TO EXTEND TO PUBLIC STREETS OR RIGHT OF WAY IT IS THE CONTRACTOR'S RESPONSIBILITY TO APPLY FOR ALL PERMITS, PREPARE ALL DRAWING AND PAY ALL FEES AND COST. ALL CONSTRUCTION ACTIVITIES SHALL COMPLY WITH LOCAL ORDINANCES. 6. CONSTRUCTION ENTRANCE SHALL BE IN PLACE PRIOR TO COMMENCEMENT OF DEMOLITION OPERATIONS. SEE SHEET C-202 AND C-203 FOR ALL EROSION CONTROL MEASURES AND APPROPRIATE STAGING AND SEQUENCING. 7. PROVIDE NECESSARY BARRICADES, SUFFICIENT LIGHTS, SIGNS AND OTHER TRAFFIC CONTROL METHODS AS MAY BE NECESSARY FOR THE PROTECTION AND SAFETY OF THE PUBLIC AND MAINTAIN THROUGHOUT THE LIFE OF THE PROJECT. 8. REMOVE ALL VEGETATION WITHIN CONSTRUCTION LIMITS EXCEPT AS NOTED. LEGEND / REMOVE BITUMINOUS TREES & VEGETATION CLEARING REMOVE CURB & GUTTER REMOVE TREE SEE L-010 FOR TREE PRESERVATION PLAN TREE PROTECTION FENCE C.S.A.H. NO.64 w 0 z w w 0 z w w cP x x Iw 0 I N 5 / 7 7 7 i / /C6- / / 1 / / / / / /• / — 7 / — i / / / �/ // / 7 7 / i / i i i 7 7 7 i 7 \ \- REMOVE OR RELOCATE SHED \ COORDINATE WITH OWNER \ \ \ \ —7-4— r� I II I II L 4 7 7 6 In fi I I \\ I 1 I 1 \ INV= 91 1.5 -- I 15>�M II \ / �, • 29 / / / 61/4 \ \\ \#32\\ \\ #7 \ \\ \ \ \ \ w \ \ \\ \ \ \ I 1 I \ I\ \ I \ \ \ \ 1 / / #25 / / / I / I I I \'5 I / In In 7 In i ' \ W \ REMOVE BITUMINOUS TO MAKE UTILITY CONNECTION #2 6"I / / / REMOVE CULVERT • / /— ��� // A / / _ / / /— — —7— / — /— / . / / / / l REMOVE RETAINING WALL 2 REMOVE CONCRETE PAVEMENT PROTECT TREES TREE PROTECTION FENCE (TYP) \ REMOVE TREES REMOVE BITUMIOUS \ Iif n REMOVE TREE PROTECT UNDERGROUND \TELEPHONE rt J L ♦ • \ / —9194 7 906 PROTECT TREE B COO\ s �In #10 n 3n 1 PROTECT UNDERGROUND ELECTRIC PROTECT UTILITY SERVICES PROTECT UTILITY SERV10-ES- PROTECT GAS TREE PROTECTION FENCE (TYP) REMOVE TREE TREE PROTECTION FENCE (TYP) 904 REMOVE STORM SEWiR FE=902.1 & FLARED END SECTION_, PROTECT WATERMAIN MARYLANE AVE. N. — — REMOVE BITUMINOUS TO MAKE UTILITY CONNECTION N— PROTECT UTILITY SERVICES c) t 111111110" at aii\ PROTECT STORM SEWER MANHOLE, AND FLARED END SECTION STMH BURRIED RIM=906.7 W PLAN CB PLAN o co EXISTING 00`Nics:: HOUSE STMH BURRIED RIM=906.6 PLAN INV=901.6 N PLAN 20 60 MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX PRELIMINARY PLAT APPLICATION 02/26/2021 REVISION DATE 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 CERTIFICATION I hereby certify that this plan s e ' Xon or report was prepared by me, v i ct supervision, Stephen M. Johnston REGISTRATION NO. 18914 DATE 02/26/2021 SHEET DEMOLITION PLAN C-0 1 0 DEMOLITION PLAN Know what's below. Call before you dig. SCALE IN FEET PROJECT NO. f95, 959.0 GRADING NOTES 1. VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 2. ALL WORK TO COMPLY WITH CURRENT MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) STANDARD SPECIFICATIONS FOR CONSTRUCTION UNLESS NOTED. 3. FOLLOW ALL RECOMMENDATIONS IN THE GEOTECHNICAL REPORT PREPARED FOR THIS PROJECT BY HAUGO GEOTECHNICAL SERVICES DATED FEBRUARY 8, 2021. 4. ALL UNDOCUMENTED FILL, AND TOPSOIL SHALL BE REMOVED FROM WITHIN THE PROPOSED BUILDING PADS. A GEOTECHNICAL ENGINEER OR THEIR DESIGNATED REPRESENTATIVE SHALL OBSERVE THE PROJECT EXCAVATIONS TO VERIFY THAT UNSUITABLE MATERIALS HAVE BEEN PROPERLY REMOVED FROM PROPOSED STRUCTURAL AREAS, THAT ADEQUATE BEARING SUPPORT IS PROVIDED BY THE EXPOSED SOILS AND THAT STRUCTURAL FILL IS PLACED APPROPRIATELY. THE EXPOSED SOIL AT THE BASE OF FOOTINGS SHALL BE COMPACTED TO 98 PERCENT PROCTOR DRY DENSITY (ASTM D698). 5. ON -SITE NON -ORGANIC SOIL IS GENERALLY SUITABLE FOR STRUCTURAL FILL. SILTY OR ORGANIC SOILS SHALL NOT BE USED FOR STRUCTURAL FILL. PLACEMENT OF STRUCTURAL FILL SHALL BE OBSERVED AND TESTED BY AN EXPERIENCED TECHNICIAN R EN ENGINEER TOVERIFY THAT PROPERCOMPACTION S C0 G 0 HAS BEEN ACHIEVED. STRUCTURAL FILL SHALL BE MOISTURE CONDITIONED (DRIED OR WETTED) AS APPROPRIATE PRIOR TO PLACEMENT. MOISTURE CONDITIONED ENGINEERED FILL SHALL BE PLACED AND COMPACTED IN LOOSE LIFTS OF 8 INCHES OR LESS. EACH LIFT OF FILL SHOULD BE COMPACTED BY LARGE VIBRATORY EQUIPMENT UNTIL THE IN -PLACE SOIL DENSITY IS EQUAL TO OR GREATER THAN THE CRITERIA ESTABLISHED WITHIN THE FOLLOWING TABULATION. TYPE OF CONSTRUCTION NON -ENGINEERED FILL (GREEN SPACE) ENGINEERED FILL BELOW FOUNDATIONS ENGINEERED FILL BELOW FLOOR SLABS ENGINEERED FILL PLACED AS PAVEMENT AGGREGATE BASE ENGINEERED FILL PLACED BELOW PAVEMENT AGGREGATE BASE COMPACTION CRITERIA 90 98 98 95 100 MOISTURE CONTENT -5 TO +5%, -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS -3 TO +3% FOR SOILS WITH <12% P200, -1 TO +3% FOR ALL OTHER SOILS INFILTRATION BASIN TESTING CONTRACTOR MUST CONDUCT A POST CONSTRUCTION TEST ON ALL INFILTRATION BASINS IN CONFORMANCE WITH BROWNS CREEK WATERSHED DISTRICT RULES. CONTRACTOR SHALL NOTIFY ENGINEER, CITY ENGINEER AND BROWNS CREEK WATERSHED DISTRICT 48 HOURS PRIOR TO THE TEST TO FACILITATE OBSERVATION OF TEST RESULTS. 6. SIDEWALLS SHALL BE BENCHED OR SLOPED TO PROVIDE SAFE WORKING CONDITIONS AND STABILITY FOR ENGINEERED FILL PLACEMENT. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR ASSESSING THE STABILITY OF AND EXECUTING PROJECT EXCAVATIONS USING SAFE METHODS. THE CONTRACTOR IS ALSO RESPONSIBLE FOR NAMING THE "COMPETENT INDIVIDUAL" AS PER SUBPART P OF 29 CFR 1926.6 (FEDERAL REGISTER - OSHA). IF SOIL CORRECTION IS REQUIRED IT SHALL EXTEND 3 FEET OUTSIDE OF THE PAVEMENT OR BUILDING LIMITS PLUS ONE FOOT HORIZONTAL FOR EVERY VERTICAL FOOT OF CORRECTION. 7. IT IS RECOMMENDED THAT A SUBSURFACE DRAINAGE SYSTEM BE INSTALLED AT THE BASE OF BASEMENT FOUNDATION WALLS AND UNDER WALKS AND PATIOS. IT IS RECOMMENDED THAT SEPARATE FOUNDATION DRAINAGE SYSTEMS BE INSTALLED ON BOTH THE INTERIOR AND EXTERIOR OF THE FOUNDATION. THE DESIGN OF THESE SYSTEMS SHALL BE PROVIDED BY THE BUILDER. 8. THE CONTRACTOR SHALL PROTECT THE SUBGRADE FROM INCLEMENT WEATHER TO MAINTAIN STABILITY. FOLLOWING REMOVAL OF TOPSOIL, PAVEMENT, AND ANY UNSUITABLE SOILS, THE RESULTING SUBGRADE SHOULD BE SCARIFIED AND RE -COMPACTED TO A DEPTH OF 12 INCHES. A PROOFROLL TEST SHOULD THEN BE PERFORMED TO DETERMINE SOFT OR UNSTABLE SUBGRADE AREAS. IF RUTTING OR LOCALIZED UNSTABLE SUBGRADE AREAS ARE OBSERVED, THOSE AREAS SHOULD BE SUBCUT, MOISTURE -CONDITIONED, AND RE -COMPACTED OR REMOVED TO A STABLE DEPTH. THE PROOF ROLL SHOULD BE PERFORMED WITH A TANDEM AXLE DUMP TRUCK LOADED TO GROSS CAPACITY (AT LEAST 20 TONS). ACCEPTANCE CRITERIA OF THE PROOF ROLL SHALL BE LIMITED TO RUT FORMATION NO MORE THAN ONE INCH (1") DEPTH (FRONT OR REAR AXLES) AND NO PUMPING (ROLLING) OBSERVED DURING THE VISUAL INSPECTION. PROOF ROLL TESTS SHOULD BE OBSERVED BY AN EXPERIENCED TECHNICIAN OR ENGINEER PRIOR TO PLACEMENT OF THE AGGREGATE BASE COURSE TO VERIFY THE SUBGRADE WILL PROVIDE ADEQUATE PAVEMENT SUPPORT. 9. PAVEMENT BITUMINOUS PAVEMENT 2.0" BITUMINOUS WEAR (MNDOT 2360 - SPWEA240B) TACK COAT (MNDOT 2357) 2.0" BIT NON -WEAR (MNDOT 2360 SPNWB230B) 6" AGGREGATE BASE (MNDOT 3138 CL5 OR CL7) 24" SELECT GRANULAR SUB -BASE COMPACTED SUBGRADE 10. THE BROWNS CREEK WATERSHED DISTRICT ENGINEER AND INSPECTOR SHALL BE NOTIFIED AT LEAST 3 DAYS PRIOR TO COMMENCEMENT OF WORK. LEGEND BUILDING PAD REAR ELEV 951 0 pTYPE OF BUILDING BASEMENT ELEV — FRONT ELEV CONCRETE PAVEMENT ASPHALT PAVEMENT MNDOT MIXTURE 25-141 GENERAL ROADSIDE BROADCAST SEEDING TEMPORARY - MIXTURE 21-111 OATS COVER CROP SEEDING RATE PLS 59 LBS/AC. FIBER BLANKET MnDOT CATEGORY 3N (ALL SEEDED SLOPE >4:1, DITCH BOTTOM, AND INFILTRATION BASINS) MNDOT MIXTURE 33-261 STORMWATER SOUTH BROADCAST SEEDING TEMPORARY - MIXTURE 21-111 OATS COVER CROP SEEDING RATE PLS 35 LBS/AC. SOD SILT FENCE DITCH CHECK FILTER LOGS AFTER CONSTRUCTION AND STABILIZATION CULVERT INLET PROTECTION ELEELE 11. CONTOURS MAY NOT REFLECT BUILDING OR STREET HOLDDOWNS. REFER TO PROFILES, SECTIONS AND DETAILS 12 SEDIMENT AND RUNOFF SHALL BE KEPT AWAY FROM THE INFILTRATION FACILITIES USING PRACTICES SUCH AS DIVERSION BERMS AND VEGETATION AROUND THE PERIMETER. THE INFILTRATOIN FACILITY SHALL NOT BE EXCAVATED TO FFINAL GRADE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN CONSTRUCTED AND FULLY STABILIZED. THE FINAL PHASE OF EXCAVATIONS SHALL REMOVE ALL ACCUMULATED SEDIMENT, AND BE DONE BY LIGHT TRACKED EQUIPMENT TO AVOID COMPACTION OF THE BASIN FLOOR. THE SOILS OF THE BASIN FLOOR SHALL BE LOOSENED TO A DEPTH NO LESS THAN 24" AT A MAXIMUM COMPACTION OF 85% STANDARD PROCTOR DENSITY PRIOR TO PLANTING. AT SITES WHERE BLOW COUNTS PER FOOT EXCEED 10, SOILS SHALL BE LOOSENED TO A DEPTH OF 5 FEET BEFORE PLANTING. 13. THE UPPER 10" OF INFILTRATION BASIN SOIL SHALL BE TILLED PRIOR TO PLANTING. DUILDING PAD NOTES 1. BUILDING SETBACK: FRONT 30 FEET SIDE GARAGE 5 FEET SIDE HOUSE 10 FEET 2. FB = FULL BASEMENT - NO CHANGE IN REAR GRADE FROM FRONT TO BACK OF HOME) 3. FBLO = FULL BASEMENT LOOKOUT - GRADE AT REAR OF HOME ALLOWS FOR WINDOWS 42" ABOVE BASEMENT FLOOR. 4. FBWO = FULL BASEMENT WALKOUT - GRADE AT THE REAR OF THE HOME FACILITATES INGRESS AND EGRESS ACCESS. GENERALLY THIS DESIGN ALLOWS FOR A MAXIMUM CEILING HEIGHT OF 8' IN BASEMENT. I, I4 I I I I I w D \ \ )IA \� \ rn \ \ \ \ \ \ \ \ \ \ \ I \ \ \ \ w \m \ \ GRO \ 1 I 0 W 0 co EXISTING o "o\\\ HOUSE 3; \ RD' \ °j 1 1- \\\\\\\\\\\\\\\\\\\\\\\\ 1 co. Sri rn X t 3' CURB TAPER FROM SURMOUNTABLE TO 0" RIBBON CURB GARAGE °L _ 1u�'�1 6 •as (4 • ` 6 •vo gym' • ., • 5� h • r SILT FENCE (TYP) ASPHALT DRIVEWAY SECTION I • • • . • rn • x 0) 2 1 CONSTRUCTION ENTRANCE ADJUST LOCATION AS NEEDED INSTALL TWO ROWS OF SOD BEHIND CURB / /— QX 06 1 I \ I > 0 \ co z 92` Xc'-17D 3\ \ BLOCK �\ SILT FENCE (TYP) BITUMINOUS INTERLOCK AT MATCHLINE SILT FENCE (TYP) 0 — — o � 0 0)g' 6X„�J FILTER LOG INSTALLED AFTER CONSTRUCTION AND STABILIZATION + + + + + + + + -+ + -*____+ + + + + + + + + + + + l + + + + + + + + + + + + + + + + + + + + + + Y +++++++++ + +*++++++ ++++++++++++ +++++++++++++++++ ++++ ▪ ++++++++++++; ++++.+ �+ +++++++++ +++ ++++� -I- -1-+-T + +/+++++++++ + +++++++ + + + +,...--; + + + ++ + ++ + + + /+ + + + + ♦ I. ♦ + ♦ + + ++ I , -- + ++++++++++-,,--4 ++++++++��I +++++++/ + + + + + + + CDA2 SITE, GRADING, EROSION & SEDIMENT CONTROL PLAN 1"=20' /4 BUILDING PAD CONSTRUCTION c 0 + + + + + + + + + + + + + + + + + + + + + + + + + +_-+ + + + + + + + + + + + + + + + + + + + EROSION CONTROL BLANKET (TYP) / SURMOUNTABLE CURB & GUTTER (TYP) ASPHALT PAVEMENT SECTION ++++++++++++++ +++++++++++++ ++++++++++++ F++ + + + + + + + + + + +� + + + + + + + + + + ++++++++++++ + ++++++++++ + ++++++++++ +++++++ 5 \ i TEMPORAR CONSTRUC1 EASE)AENT TO BE ACQUI — — BY THE DEVELO MARYLANE AVE. N. CATCH BASIN INSTALLATION RIP -RAP APRON \� X N 0 rn X 9 X • r 3' TRANSITION FROM SURMOUNTABLE TO B618 CURB ON EACH SIDE OF CATCH BASIN. MEET AND MATCH EXISTING CURB AND PAVEMENT Know what's below. Call before you dig. 20 o 60 SCALE IN FEET MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX PRELIMINARY PLAT APPLICATION 02/26/2021 REVISION DATE 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 CERTIFICATION I hereby certify that this plan s e Xon or report was prepared by me, v Ns ct supervision, Stephen M. Johnston REGISTRATION NO. 18914 DATE 02/26/2021 SHEET SITE, GRADING, EROSION LI SEDIMENT CONTROL PLAN C-201 PROJECT NO. UTILITY NOTES VERIFY ALL CONNECTIONS TO EXISTING UTILITY SERVICES PRIOR TO CONSTRUCTION. ANY DISCREPANCIES BETWEEN LOCATED UTILITIES AND THE EXISTING CONDITIONS PLAN SHOULD BE NOTED AND FORWARDED TO THE ENGINEER. 2. ALL CONNECTIONS TO PUBLIC UTILITIES TO BE IN ACCORDANCE WITH THE CITY OF STILLWATER DESIGN STANDARDS, LATEST EDITION. 3. CONTRACTOR TO PROVIDE ADEQUATE MEANS AND METHODS TO ASSURE ADJACENT PROPERTY IS NOT DAMAGED DURING UTILITY INSTALLATION. 4. PIPE LENGTHS SHOWN ARE MEASURED FROM CENTER OF STRUCTURE TO CENTER OF STRUCTURE. 5. PIPE MATERIALS: STORM SEWER DRAIN TILE WATER SANITARY RCP OR DUAL WALL HDPE PVC (SDR 26) COPPER (TYPE K) PVC (SDR 26) 6. ALL UTILITY CONSTRUCTION TO CONFORM WITH STATE, CITY ENGINEER'S ASSOCIATION OF MINNESOTA (CEAM), MINNESOTA PLUMBING CODE AND CITY OF STILLWATER STANDARD SPECIFICATIONS. 7. ADJUST ALL STRUCTURES, PUBLIC AND PRIVATE, TO PROPOSED GRADES WHERE DISTURBED. COMPLY WITH ALL REQUIREMENTS OF UTILITY OWNERS. STRUCTURES BEING RESET TO PAVED AREAS TO MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. 8. WATER LINES SHALL HAVE A MINIMUM 7.5' TO A MAXIMUM 10' OF COVER. 9. SEE DETAILS C3/C-503 AND C4/C-503 FOR PIPE BEDDING. LEGEND w w «« UE UE OE OE UT UT G G SANITARY SEWER DOMESTIC WATER SERVICE STORM SEWER UNDERGROUND ELECTRIC OVERHEAD ELECTRIC UNDERGROUND TELECOMM GAS r X X w 0 Iw 0 w 0 w 0 w 0 w 0 w 0 0_ 0 mo CO w 0 w 0 w 0 in r 1 I I I I L_ J o n WATER SERVICE (TYP) 1 CURB STOP (TYP) / INV = 903.41 w a _ 33' OF 4" PVC 03 v @ 2% C1 C-503 v - 3n - In 3n 0 3n 2 LOCATE AND MARK ENDS OF ALL EXISTING UTILITY SERVICES BEFORE STARTING STREET CONSTRUCTION 3 3 BLOCK 1 In 3n 3n L L_ / I I •/ 4 CO O CO O 00 - CONNECT 30" RCP TO EXIST STMH ADJUSTED RIM = 910.0' INV = 905.0' (S) w 0 WATER SERVICE w C2 w C-503 SEWER SERVICE (TYP) w w w w w w w v ♦♦ • 1 • ♦ OCS 3 TOP= 905.0 INV = 901.50 (SE) INV = 902.64 (W) / • I • 5 30" PIPE INV = 901.92 TOP OF 30" PIPE 904.65 42" PIPE INV=905.12- BOTTOM OF 12" PIPE 905.0 v w / STM H RIM=909.3 w 33' OF 4" PVC @ 2.0% STORM MANHOLE (STMH) 25' - 24' RCP @ 0.20% STMH 2 RIM = 905.00' INV = 900.75 ,rlys "77 OUTLET CONTROL STRUCTURE (OCS) 6 CONNECT 30" RCP TO EXIST STMH ADJUSTED RIM = 909.0' INV = 901.6' (N & E) -77 ? 30" HD C3 & C4 000-,-71111111111 PE @ p,5°10 STMH A BURRIED RIM=906 INV=901 . W PLAN Al A AlA A A AI A A A A A A A A A A A CATCH BASIN MANHOLE (CBMH) C-502J MOMENTUM PRESERVER BAFFLE CB 4 > > > > > > > > > > > > > > > r ' ^ U RIM = 908.96' INV = 905.30 4' SUMP SKIMMER BAFFLE ttp MARYLANE AVE. N. 8"x4" PVC WYE INV @ MAIN = 902.25 A 0 8"x4" PVC WYE INV @ MAIN = 901.0' A A A w §0' (BOTH DIRECTIONS) - 4" PRF PVC DRAIN TILE LOCATED AT BOTTOM OF SELECT GRANULAR SUB -BASE. BED TILE IN CHOKER COARSE OF ASTM # 8 STONE FLARED END SECTION (FES) FES 1 INV = 900.7 SET FES AS CLOSE AS PRACTICAL TO EXISTING FES. FORM RIP RAP INTO A • 7SINGLE STILLING BASIN 1 EXPOSE COVER ON EXISTING STMH RIM=906.0 INV=901.5 PLAN N EXISTING o• HOUSE STM H BURRIED RIM=906.6 PLAN INV=901.6 N PLAN COORDINATE ADJUSTMENT OF _pEBESTALS AND -CABLES TO FINISHED GRADE WITH THE APPROPRIATE I UTILITY COMPANIES w w 20 • 60 MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX PRELIMINARY PLAT APPLICATION 02/26/2021 REVISION DATE 1-ngineering landscape Architecture I Construction service. 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan s e Xon or report was prepared by me, X i ct supervision, andthat I�ad� s d Pr�� sional Engineer and e stgof ill . OTA. co Stephen M. Johnston REGISTRATION NO. 18914 DATE 02/26/2021 SHEET UTILITY PLAN 0-301 RI UTILITY PLAN 1"=20' Know what's below. Call before you dig. SCALE IN FEET PROJECT NO. CLS20020 CO TREE PRESERVATION NOTES 1. TREE INVENTORY IDENTIFIED AND LOCATED BY REHDER FORESTRY CONSULTING, 612-760-3519. 2. NO VEGETATION CLEARING, PRUNING, AND TREE REMOVAL TO BE STARTED WITHOUT COORDINATION WITH THE OWNER'S REPRESENTATIVE. TREES TO BE SAVED AND/OR REMOVED TO BE MARKED IN THE FIELD AND APPROVED BY THE CITY PRIOR TO ANY REMOVAL. CONTRACTOR TO PROTECT EXISTING TREES, SHRUBS, AND VEGETATION WHERE NOTED. UNAUTHORIZED REMOVAL WILL REQUIRE REPLACEMENT AND POSSIBLE RESTITUTION. DURING THE CONSTRUCTION, IF TREES NOTED TO BE SAVED ARE DAMAGED AND CONSIDERED LOST PER THE CITY'S STANDARDS, CONTRACTOR IS RESPONSIBLE FOR REQUIRED REPLACEMENT AND FINANCIAL PENALTY. 3. INSTALL SILT FENCE AND TREE PROTECTION FENCE PRIOR TO COMMENCING GRADING ACTIVITIES. INSTALL TREE PROTECTION FENCE AROUND TREES TO BE SAVED AT A DISTANCE IN FEET FROM TREE EQUAL TO THE TREE DIAMETER (DBH). SILT FENCE AND TREE PROTECTION FENCE MUST BE INSTPECTED BY CITY STAFF PRIOR TO ANY SITE WORK. MAINTAIN FENCES FOR DURATION OF CONSTRUCTION ACTIVITIES. UPON ESTABLISHMENT OF TURF AND SEEDING, REMOVE FENCES AND DISPOSE OFFSITE. 4. NO MATERIALS, VEHICLES, OR EQUIPMENT CAN BE STORED WITHIN THE TREE PROTECTION AREAS. 5. AVOID TRIMMING OR CLEARING OAK STANDS BETWEEN APRIL 15 AND JULY 1 TO PREVENT INSECT TRANSMISSION. IF ANY PRUNING OR WOUNDING OAK OCCURS DURING THIS PERIOD, COVER THE WOUND WITH A RECOMMENDED TREE WOUND DRESSING IMMEDIATELY. FRESH OAK STUMPS MUST LEGBEI ATED, COVERED, AND GROUND OUT IMMEDIATELY FOLLOWING FELLING OF TREES. TREE & VEGETATION CLEARING IMPACTS ON SAVED TREE ■ ■ — TREE PROTECTION FENCE TREE PRESERVATION SUMMARY CANOPY COVER 1" DBH = 1' RADIUS CANOPY REMOVE TREE Tag Remove DBH Species Cond Notes 1 Off Site 2 12 Spruce, white Fair 3 10 Spruce, white Fair 4 16 Spruce, white Fair 5 13 Spruce, white Fair 6 12 Spruce, white Fair 7 51 Maple, silver Fair 8 16 Aspen, quacking Good 9 22 Boxelder Fair 10 18 Ash, green Fair 11 X 10 Elm, american Fair 12 15 Elm, american Good 13 7 Elm, american Fair 14 8 Elm, american Fair 15 X 11 Apple Fair 16 12 Apple Fair 2 Multistem 17 23 Cherry, black Fair 2 Multistem 18 15 Ash, green Fair 19 X 21 Cottonwood, eastern Good 20 X 21 Walnut, black Good 21 X 66 Maple, silver Fair 3 Multistem - 22,22,22 22 X 33 Ash, green Fair 3 Multistem - 20,7, 6 23 30 Maple, silver Fair 24 51 Maple, silver Fair 2 Multistem - 26, 25 25 28 Basswood, american Fair 2 Multistem - 26, 25 26 22 Oak, red Very Good 27 9 Spruce, white Fair 28 18 Elm, american Fair 29 30 Maple, silver Fair 30 10 Spruce, white Fair 31 Off Site 32 16 Elm, american Fair 33 19 Elm, american Fair TOTAL EXISTING ON -SITE SIGNIFICANT TREES 31 TREES 645 INCHES REMOVED 6 TREES 162 INCHES (25%) IMPACTED (SAVED TREE, COUNTED AS LOST 2 TREES 81 INCHES (13%) TOTAL REMOVED 38% NO TREE REPLACEMENT IS REQUIRED (50% MAX ALLOWANCE) / \/ \ 7- --- /1 ) / /- --- / / / / / / - — - I r / / / / / --- 1 \ / / / / 7 1 \ / / / // / I I I — L - — / / ( \ \ \ \ \ \\ \ \ \ \ \ o I \\ \\ N \ I \ \ \ \ \ \ — I\ \ \ \ \ \\ \ \ \\ \ \ ---'7— \ _ \ / 1 1 j� 1 / L J` I I\ co0 \ \\ \ co \ \ N \ \ \ \ #7 \ \ \ d w \ \ I �\ / / // / / / / // / / / / / -- �7 / - - / - - / / / i - / / \ \ L \ in — t---E—� I\ I I \0 I \ 0 [\\ \ \ \ EXISTING HOUSE I I I I 1 I 1 li V ) I, \1 / / / /III I / / / // / �\_I in in in / 1 \W / / - - — ARAGE a / / / / - / - / 7 / / - /- - -'— / /// / 7' / / / / / I THEE PROTECTION FENCE (TYP) REMOVE TREES \ I— \\ \ \ \ Err= / i \ \ 7 TREES IMPACTED♦ ♦ 12% IMPACTS ON CANOPY COVER 24% IMPACTS ON CANOPY COVER / ,v I 7 '3n 1 an L` „ \ \ w \ w w w w \♦ #20 4--- \fir in 9e6- #10 REMOVE TREE — - w / —904 w REMOVE TREE PROTECT TREES & VEGETATION / TREE PROTECTION FENCE (TYP) MARYLANE AVE. N. REMOVE TREE REMOVE TREE ir TREE PROTECTION — FENCE (TYP) vv / IA I 20 60 MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX PRELIMINARY PLAT APPLICATION 02/26/2021 REVISION DATE Civil Engineering Landscape Architecture C onstruction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 CERTIFICATION I hereby certify that this plan w under my direct su e Licensed L stat Xred by me, or Ot tthe laws of the I am a duly Pilarsinee Saraithong DATE REGISTRATION NO. 45059 XX/XX/2020 SHEET TREE PRESERVATION PLAN L-010 TREE PRESERVATION PLAN Know what's below. Call before you dig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x 7. APPLY FOUR (4) INCH DEPTH OF SHREDDED HARDWOOD BARK MULCH IN FOUR (4) FOOT DIAMETER RING AROUND ALL TREES. 8. SOD SHOWN ON LANDSCAPE PLAN TO BE INSTALLED BY LANDSCAPE CONTRACTOR. SOD SHALL CONFORM WITH MNDOT 3878.2A, BE DENSE, AND OF UNIFORM TEXTURE, FREE OF WEEDS AND DISEASE. APPLY MINIMUM SIX (6) INCHES OF TOPSOIL (MNDOT 3877) AND THOROUGHLY APPLY SLOW RELEASE FERTILIZER TO TOP TWO (2) INCHES BEFORE LAYING SOD. 9. FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION, UNLESS OTHERWISE NOTED. 10. LANDSCAPE CONTRACTOR SHALL MAINTAIN PLANTS IN HEALTHY CONDITION THROUGHOUT WARRANTY PERIOD. THE WARRANTY PERIOD IS TWO FULL YEARS FROM DATE OF PROVISIONAL ACCEPTANCE UNTIL FINAL ACCEPTANCE. WARRANTY PERIOD FOR PLANT MATERIAL INSTALLED AFTER JUNE 1ST SHALL COMMENCE THE FOLLOWING YEAR. PLANT SCHEDULE KEY QUANT. DECIDUOUS TREES I,dllull IIIIAIIIJII I�uii d iull idlllAllull loll ONE FLAG PER WIRE COMPACT PLANTING SOIL — SCARIFY SIDES OF PIT PRIOR TO PLANTING COMMON NAME SCIENTIFIC NAME SIZE 5 ESPRESSO KENTUCKY GYMNOCLADUS DIOICUS 2.5" CAL. COFFEETREE 'ESPRESSO-JFS' 3" MIN.- 8" DIAMETER 2-PLY CORRUGATED HDPE GUARDS UV INHIBITOR -TREATED WHITE EXTERIOR WITH BLACK INNER SURFACE SET BOTTOM FIRMLY IN SOIL MULCH DISH I I I AINJ l I III II,d1IIJ I I (IIAIIIJII MIA NOTES ROOT COND. MATURE SIZE B&B 50'H X 35'W TREE GUARDS MAINTAIN TREE IN PLUMB POSITION THROUGHOUT THE WARRANTY PERIOD (SEE SPECIFICATIONS). TREE STAKING AND ITS METHOD ARE OPTIONAL TO CONTRACTORS. TWO ALTERNATIVES ARE SHOWN. mulll I\uuAlNdll�m III III II MOUND SUBGRADE SCARIFY BOTTOM PRIOR TO PLANTING PLANTING PIT 2-3 X DIA. OF SOIL BALL DUG & TILLED PIT 3-5 X DIA. OF SOIL BALL DECIDUOUS TREE PLANTING DOUBLE STRAND 14 GA. WIRE & 3 STEEL STAKES AT 120 DEGREE INTERVALS 16" POLYPROPYLENE OR POLYETHYLENE, 40 MIL, 1-1/2" WIDE STRAP 8' STEEL STAKE INSTALL ON THE SIDE I fOF PREVAILING WIND uil,ym1Ik1.0, TREE WRAP TO FIRST BRANCH ROOT FLARE AT FINISHED GRADE OR FIRST MAJOR BRANCHING ROOT AT 1 INCH BELOW SOIL LINE CUT AND REMOVE TOP 1/3 BURLAP (MIN.), WIRE BASKET, AND ALL NYLON CORD MULCH, EDGING, & DISH RING (SEE LANDSCAPE NOTES) PLANTING SOIL WATER & TAMP TO REMOVE AIR POCKETS NO SCALE LEGEND r EXISTING SIGNIFICANT TREE & CANOPY COVER LANDSCAPE PLAN +++ + + + + i + + + + SOD GENERAL ROADSIDE SEEDING SEE SHEET C-201 FOR SEEDING NOTES STORMWATER SEEDING SEE SHEET C-201 FOR SEEDING NOTES 7 B ADJUST LOCATIONS OF TREES TO AVOID CONFLICTS WITH UNDERGROUND TELEPHONE AND ELECTRIC i EXISTING TREES & VEGETATION INFILTRATION BASIN n n n EXISTING TREES & VEGETATION PRESERVATION OR REMOVAL OF EXISTING VEGETATION COVERS OUTSIDE CONSTRUCTION LIMITS BY HOMEOWNER (TYP) MARYLANE AVE. N. • ♦ FOUNDATION PLANTING AROUND HOUSE BY OTHERS (TYP) 1"=20' 1- INSTALL STREET TREE 10' FROM RIGHT-OF-WAY (TYP) DECIDUOUS TREE PLANTING (TYP) O Know what's below. Call before you dig. 20 1 60 SCALE IN FEET MISSY HAUSE JEFF HAUSE JAM FREEDOM, LLC 613 155TH AVE SOMERSET, WI 54025 651-442-6555 PROJECT MARYLANE GATEWAY STILLWATER, MINNESOTA SHEET INDEX PRELIMINARY PLAT APPLICATION 02/26/2021 REVISION DATE Civil Engineering Landscape Architecture I Construction Services 901 N 3rd STREET, SUITE 120 MINNEAPOLIS, MN 55401 p 612.260.7980 f 612.260.7990 www.elanlab.com CERTIFICATION I hereby certify that this plan wXred by me, or under my direct su .e I am a duly Licensed L. . c. ii ct u r the laws of the statgof �'+ A O O� F -�ON �Oc ONS� G Pilarsinee Saraithong REGISTRATION NO. 45059 DATE 02/26/2020 SHEET LANDSCAPE PLAN L-1O1 PROJECT NO. CLS20020 RESOLUTION NO. 2021 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A PRELIMINARY PLAT FOR MARYLANE GATEWAY ADDITION CASE NO. 2021-13 WHEREAS, Jeffrey and Michelle Hause of JAM Freedom LLC have submitted an application for approval of Preliminary Plat approval of Marylane Gateway Addition, a 6-lot Single Family Residential Subdivision to be located at 8483 Marylane Avenue North, legally described on Exhibit A ("Property"); and WHEREAS, the Property subject to the terms of this Resolution is shown in Exhibit B; and WHEREAS, on March 24, 2021 the Planning Commission for the City of Stillwater held a public hearing on the preliminary plat and associated requests for Marylane Gateway Addition and upon hearing testimony from the public voted 5-0 to recommend approval to the City Council with conditions; and WHEREAS, on April 6, 2021 the City Council held a public hearing on the requests and found them to be substantially consistent with City development standards, the Stillwater Comprehensive Plan and the Comprehensive Plans of all surrounding jurisdictions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requests for Central Commons Addition with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary plat Sheet C-001 Dated 2/25/2021 • Demolition plan Sheet C-010 Dated 2/26/2021 • Site, grading, erosion & sediment control plan Sheet C-201 Dated 2/26/2021 2. The rezoning shall not become effective until after the approval of the final plat. 3. The stormwater management plan must be revised and found satisfactory to the City Engineer prior to the submittal of the final plat application. 4. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City offices for filing with Washington County. 5. Drainage and utility easements for Lot 5's southern lot line and Lot 6's northern lot line will each need to be increased to 10' for a total of 20' between the two. Additionally, a 10' drainage and utility easement will be required for the southern lot line for Lot 6. 6. The drainage and utility easement vacation approval shall not be effective until the final plat is approved. Such vacation request shall be submitted with the final plat for review and approval by the City Attorney prior to release of the final plat from City offices for recording with Washington County. 7. The developer shall obtain a Browns Creek Watershed District permit prior to ground disturbance. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 8. An updated landscape plan showing the 10 tree deficit, will be required to be submitted prior to the release of the final plat. The landscaping plan should be developed in consultation with the City's Natural Resources Technician to ensure species diversity is achieved. The size of the trees must be an average of 2-inch diameter at about four feet above ground. Conifers must be at least 6 feet tall. If paying a fee in -lieu of tree installation is the desirable approach for the developer, this will be outlined in the Development Agreement to be considered by the City Council at the time of final plat. 9. Materials may not be stored in the critical root zone of trees to be saved, nor may equipment or materials be leaned or stacked against trunks of trees identified to be saved. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 11. The existing home will be required to pay the $4,588.37/unit water and $4,588.37/unit sanitary sewer hook-up charges. The fees will be payable prior to release of the final plat for recording with Washington County. 12. The developer will be responsible for paying development impact fees based upon the net developable acreage of the project, which, for 2021, is $7,498.40 for Trout Stream Mitigation ("AUAR") and $23,108.58 for Trunk sewer and water. If the fees are not paid in 2021, the fees will be adjusted annually. The fees will be payable prior to release of the final plat for recording with Washington County. 13. In lieu of park and trail land dedication, the developer shall be required to pay a $2,000 park and a $500 trail dedication fee for each new lot intended for new construction. The fees will be payable prior to release of the final plat for recording with Washington County. 14. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. Otherwise, such a sign will not be permitted in the future. 15. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site, and prior to holding a pre -construction meeting with the City Engineer for the project. Enacted by the City Council of the City of Stillwater, Minnesota this 4th day of August, 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Legal Description Lot One (1), Block One (1), Rivards Addition, according to the recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; also that portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (125') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (125') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (125') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (125') to the place of beginning. Exhibit B 4 5,r. 1t 2.054 COUNTY 21srt ��+4.. .12213 •LJ 'PLC ' ! ;i 3464 34 r. �■■� r 6' gr44•10, I it r r 1221 r �pq lM ¢ • '0 346.3 3461 34Irgriliikpir[.�.'7+ ROAD .64 _.._-..___-,. � , 'y Y :r"- .. .. S���rggqUyyy:::. � ' ■ l The arNvlace Site 'water �e. of Mirwesula W niv r ` Location ) 8483 Maryiane Ave N 1472 1476 1484 -h'9 F 1465 'i 1, 1479 1497 .- -6$6S-, r.. . i,;,;-f _;, :. :: .1A74 14 462, 3aE6 :F COURT498 if;SG 1=:5 .v75^ ..-� • ..^ ', 1.1g5 i 125 500 sa0 reel 1445 491 . .:dy S' . 14,0 LLV 4452 aas r F 0 1 7 1 General Site Location 1435 � ;._. 1.r - 1444 0 _ 1435. ,'4 44 a ... •. • 1425 3690 3670 't8399 i '`+�1 •',.• 143fi 3650 WRIGHT _�j s3�7 a cal] 7423_ 3710 3 ;R •f 3655 •� .,• .. ;VI 361 pp`n� x..� +p•_sr 3702 )1� /+ - - __. 3694 1 - ,-4F ll ti '+�•+++ 1342 7 1337 3686 15 `34 �6- 4- F3E 331. 3650 3632 3620 3610 736,4 .Ik r:: ,• . 937C -- - •. j Iliim Ill pnl ! :r ;. 1 •l Ii'� I ...' ���F i lrl°r -I1 �r:. I i. ,r .. .i fir- UI .,�:, 1• =Ir -I • } 1 • rJ '..;i VI Ili " _ '9�1E4'11•1_ _-- _.. .. ..... ... `•i / ■ ........... ..:. . ORDINANCE 2021 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY THREE ACRES TO RB, TWO-FAMILY RESIDENTIAL Case No. 2021-13 The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the following property, legally defined on Exhibit A and visually represented in Exhibit B is hereby amended to RB, Two -Family Residential. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for White Pine Ridge is approved by the City Council. Section 4. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 6th of April, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Exhibit A Legal Description Lot One (1), Block One (1), Rivards Addition, according to the recorded Plat thereof on file and of record in the office of the Register of Deeds in and for said County and State; also that portion of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 19, Township 30 North, Range 20 West, described as follows: Commencing at the intersection of the Southerly line of right-of-way of Stillwater and Saint Paul Railroad Company with the Westerly line of township road running Northerly and Southerly along the East side of the West One-half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section 19 as said township road is now located; thence Southerly along the Westerly line of said township road One Hundred Twenty-five feet (125') to a point; thence Westerly and parallel with the Southerly line of right-of-way above mentioned One Hundred Twenty-five feet (125') to a point; thence Northerly and parallel to the westerly line of the said township road One Hundred Twenty-five feet (125') to a point on the Southerly line of the said right-of-way; thence Easterly along the Southerly line of said right-of-way One Hundred Twenty-five feet (125') to the place of beginning. EXHIBIT B 1465 1479 COUNTY ---- - MCKUSICK ROA COURT .i '4ss .- LL CC Fes-- 1446 'u:- [Aj 1M7 + 444 0 1436 t ,1444 -L 142• T � A.." J � �1436 - 425 � �� t. 1337 35 ]331. LfflwaIer The Birthplace of Mirxresola W N y Site Location 8483 Maryiane Ave N LEV ANDER, GILLEN MILLER, P.A. ATTORNEYS AT LAW MEMO TIMOTHY J. KUNTZ ANGELA M. LUTZ AMANN KORINE L. LAND DONALD L. HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M. LUCAS DAVID L. SIENKO TONA T. DOVE AARON S. PRICE CASSANDRA C. WOLFGRAM CASSANDRA J. BAUTISTA AMANDA J. JOHNSON TO: Honorable Mayor Ted Kozlowski and Members of the Stillwater City Council FROM: Kori Land, City Attorney DATE: April 6, 2021 RE: Nuisance Ordinances and Administrative Citations I. Background The Council asked our office to draft a complete revision to the City's nuisance and administrative citation ordinances. Currently, Stillwater has several ordinances addressing nuisance activities, such as abandoned cars, unsheltered storage, property maintenance, problem properties, noise and many others. Some nuisances are located in Nuisance Chapter 38, while others are scattered throughout the Code. After a thorough review of the City Code to identify public nuisances, the proposed nuisance/administrative citation ordinances clarify existing nuisance language, incorporate other nuisance Code sections, thereby repealing their existing location, and reference additional Code sections as public nuisances. Pursuant to state law, violations of City Code are criminal citations and statutory cities only have the option of pursuing enforcement through the criminal court system. Criminal court enforcement involves numerous court appearances which may include contested hearings and a jury trial. In addition, a new inspection must be conducted prior to each hearing so that the prosecutor has the current information about the status of the property. The end result of the criminal court process is often less than satisfying, considering the length of the delay to gain compliance and the imposition of a relatively small fine imposed which is not sufficient to recover the City's costs of the Code Enforcement Officer, the Police Department, and the prosecutor. Stillwater is a Charter city and therefore, has the ability to create authority in its Charter for an administrative process that does not require the criminal court system. The creation of an administrative process does not prevent a city from using criminal prosecution in extreme cases, or using other remedies, such as revoking a license, or civil actions such as injunctions. The administrative citation process is an additional tool to address code enforcement violations. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN Currently, Stillwater has an administrative citation procedure in its City Code; however, the City has not yet created the inherent authority in Charter. Instead, the City has relied on its "all powers" clause in the Charter for implied authority for this process. We recommend providing the explicit authority in the Charter to avoid any question surrounding the process. II. Administrative Citation Process A. Notices and Correction Orders An administrative citation procedure would begin the same as it does today, with an initial compliance letter from the City. If this letter is disregarded, typically, an additional letter would be sent with notice that failure to correct may result in the issuance of an administrative citation with a financial penalty. If the property owner fails to correct the violation, the Code Enforcement Officer, or other authorized City Staff would issue an administrative citation with a fine. The fine is intended to be cost -recovery for the City, not to generate revenue, therefore a fine schedule needs to be adopted that appropriately reflects the level of enforcement needed for each type of violation. If the fine is paid and the violation corrected, no further action will be taken. If the fine is not paid, the fine will be assessed against the property as a special assessment and the special assessment process is followed with proper notice and a public hearing. Furthermore, if the violation has not been corrected, the property owner will be subject to additional citations. B. Contesting the Citation A property owner has the right to contest the citation. In order to contest the citation, the owner must contact the City within a specific timeframe. A designated City Staff person will then facilitate the scheduling procedure for a hearing regarding the citation. To ensure fairness in this process, an independent Hearing Officer would be selected to conduct the hearing. While some cities rely on a pool of hearing officers, an alternative would be to employ the use of Administrative Law Judges from the Office of Administrative Hearings. Upon receipt of a request for a hearing, City Staff will schedule the hearing. The property owner will be sent a notice of the date, time, and location of the hearing, as well as the name of the presiding Hearing Officer and the names of any of the City witnesses who may be called to testify at the hearing. C. Hearing Procedure At the hearing, the Hearing Officer will attempt to resolve the matter through a settlement conference. If the settlement conference is unsuccessful, then a hearing will immediately be held. The City bears the burden of proving by a preponderance of the evidence that the City Code violation occurred, and that the property owner is the person responsible for the violation. The City presents its case via witnesses and/or exhibits, including the testimony of the Code Enforcement Officer. The property owner has the right to cross-examine all witnesses and may also present witnesses, testimony, and exhibits. Either party may be represented by counsel, but it is not required. 2 At the conclusion of the hearing, the Hearing Officer may announce the decision immediately, or take the matter under advisement. In either event, the final decision and Order will be made in writing and include findings of fact and conclusions of law in support of the decision. If the Hearing Officer finds that a violation of the City Code has occurred, the Hearing Officer has the authority to impose the scheduled penalty or modify the penalty, impose no penalty because of the circumstances; and can also require compliance with the City Code within a specified timeframe. The property owner has the right to appeal the decision of the Hearing Officer to the Court of Appeals. III. Recommendation Before you is a Charter Amendment that grants the explicit authority to enact an administrative citation and assessment process, as well as a package of nuisance and administrative citation ordinances that clarify and consolidate existing nuisance ordinances, provide a streamlined enforcement process, including administrative citations, provides due process for contesting such citations, and provides a method for collecting or assessing citations against the property. At its March 15, 2021 meeting, the Charter Commission unanimously recommended approval of the Charter Amendment. If the Charter Amendment and Ordinance Amendment are approved for first reading, we will have a fine schedule prepared that can be approved simultaneously with the second reading of both amendments. ACTION REQUESTED: 1. Charter Amendment: Hold public hearing and approve Charter Amendment for first reading. As a reminder, Charter Amendments must be passed unanimously by the Council. 2. Ordinance Amendment: Approve Ordinance Amendments for first reading 3 ORDINANCE CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: 1. ENACTMENT. That the Stillwater City Charter is hereby amended by adding the following: 15.10 Administrative Civil Penalties. The City Council may establish by ordinance a procedure for imposing an administrative civil penalty which shall not exceed twice the maximum fine amount authorized for misdemeanor offenses for violations of the City Code or violations authorized by state law for an administrative process. The procedure must provide for notice to the accused and for an opportunity to be heard by a neutral party, who may be a non -City employee. 2. ENACTMENT. That the Stillwater City Charter is hereby amended by adding the following: 15.11 Assessment of Unpaid Penalties. The City Council may provide by ordinance that unpaid administrative civil penalties the City imposes as a result of certain violations be assessed against the property that was the subject of or related to the subject matter of the penalties. The ordinance must provide that the City first attempted to obtain voluntary payment of the penalties. The ordinance must also require the City to give notice and an opportunity to be heard to the property owner listed on the official tax records before the assessments are imposed. The assessments must be collected like special assessments. 3. SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. 4. EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. Approved this day of 12021. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette — Ted Kozlowski, Mayor ORDINANCE CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE REPEALING AND REPLACING STILLWATER CITY CODE CHAPTER 38 REGARDING NUISANCES, REPEALING AND REPLACING SECTION 22-10, 22-11, AND 22-12 REGARDING ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES, BACKGROUND CHECKS, AND ADMINISTRATIVE OFFENSES, ENACTING SECTION 52-19 REGARDING NOISE CONTROL AND REGUATIONS AND REPEALING CHAPTER 40 REGARDING ABANDONED VEHICLES The City Council of the City of Stillwater does ordain: SECTION 1. REPEAL AND REPLACE. Chapter 38 of the City Code, Nuisances is hereby repealed and replaced as follows: CHAPTER 38 — NUISANCES Sec. 38-1- Generally. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Abatement. Includes, but is not limited to the removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing or destroying that which causes or constitutes a nuisance. Annoyances. Any condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public. Compliance Deadline. Either 48 hours after the notice is received or posted or such other date by which the nuisance must be removed, as specified in the notice. Emergency Abatement. The abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this code. Enforcement Officer. Any employee or agent enumerated in City Code § 58-1 or any duly authorized representative thereof. Garbage. Junk, trash, refuse, rubbish, litter, rubble, paper discarded articles, debris or matter of any kind or form not cared for, discarded, abandoned or not concealed within an enclosure. 1 Obstructions. Objects or conditions that interfere with, endanger or prevent the ordinary or safe use of any property including public right-of-way. Owner. Any person shown to be the property owner of record. Property. Any real property, premises, structure or location on which a public nuisance is alleged to exist. Public Nuisance or Nuisance. Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the city or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the city or any offense that is deemed or declared to be a public nuisance by the City Code. Responsible Party. Any one or more of the following: (1) Agent; (2) Contract for deed holder; (3) Mortgagee or vendee in possession; (4) Lessee; or (5) Other person, firm or corporation exercising apparent control over a property. Unsheltered Storage. Includes but is not limited to: machinery, implements, equipment, or personal property, worn out or discarded material, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public. Subd. 2. Public nuisance. Public nuisance includes, but not limited to, the following: (1) Violations of City Code Chapter 29 (sewers); (2) Violations of City Code § 31-1 & 2 (building permits); (3) Violations of City Code § 31-509 (sign regulations); (4) Violations of City Code § 35-25 (fertilizer and pesticide restrictions); (5) Violations of City Code § 35-26 (stormwater management practices); (6) Violations of City Code § 38-2 (general health provisions); 2 (7) Violations of City Code § 38-3 (public nuisance affecting morals and decency); (8) Violations of City Code § 38-4 (unsheltered storage and inoperable or abandoned motor vehicles); (9) Violations of City Code § 52-7 (depositing certain materials upon streets); (10) Violations of City Code § 52-13 (illegal posting); (11) Violations of City Code § 52-19 (noise control and regulation); (12) Grass or weeds that have grown to a height of eight or more inches or that have, or are about to go to seed, except fields of prairie grasses, lots under construction or otherwise excepted by the city; (13) Obstructions, which include, but are not limited to: a. Snow and ice not removed from public sidewalks within 24 hours after its accumulation. b. Rain, ice or snow or wastewater falling or flowing from private property or buildings onto public property, except gutters, drainage ways and storm sewers. c. Use of public street or sidewalk or use of property abutting a public street or sidewalk that causes large crowds of people to gather, blocking or obstructing traffic, streets or sidewalks, except in accordance with the regulations of the city. d. Signs, awnings, vegetation or other objects located on private property that are not constructed and maintained as required by law that prevent persons from having a clear view of all traffic approaching an intersection, or that overhang and obstruct public property. e. Digging, excavating or doing any act that alters or effects the drainage of property or alters or effects flows of the public storm sewer and drainage ditch system, except in accordance with the regulations of the city. f. Depositing snow onto a neighbor's property or into the right-of-way. (14) Annoyances, which include, but are not limited to noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders or ash; (15) Direct sky -reflected glare directed into any adjoining property where the bare lightbulb is in view of adjacent property or public street. 3 (16) Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to considerable members of the public, or is detrimental to the property in the neighborhood or to the general public including but not limited to, chronic traffic congestion, noisy or late night parties or gatherings that disturb the repose of neighboring property owners, excessive or unreasonable amounts of otherwise lawful parking that causes the unsafe narrowing of traffic lanes and which parking is caused by crowds associated with parties or social gatherings; abusive or threatening language or gestures by residents of the property directed at adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting juvenile consumption; a property that has been allowed to physically deteriorate and has not been maintained and the neglect has measurably lessened the market value of nearby property in the opinion of an appraiser hired by the city for that purpose; (17) Permitting, suffering, maintaining or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property; (18) Constructing, maintaining, permitting or suffering upon one's property any billboard, sign, poster or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace; (19) Displaying, circulating, issuing, posting or publishing any slanderous or obscene, immoral or lewd pictures, posters, literature, writings, drawings or oral statements; (20) Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city; and (21) Any other activity, place or thing that is defined in this code as a nuisance or public nuisance or any other violations of the city code or zoning ordinance that are a danger to the health, safety and general welfare of the citizens of the city. Sec. 38-2 - PUBLIC NUISANCES AFFECTING HEALTH. The following are hereby declared to be nuisances affecting health: (1) Exposed accumulation of decayed or unwholesome food or vegetable matter; 4 (2) All diseased animals running at large; (3) All ponds or pools of stagnant water; (4) Carcasses of animals not buried or destroyed within 24 hours after death; (5) Accumulations of manure, refuse or other debris; (6) Privy vaults and garbage cans which are not rodent -free or fly -tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; (7) (8) (9) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; The discharging of any nonstormwater to the city stormwater system discharge to street or storm drain system may occur. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: a. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water; b. Discharges or flow from firefighting, and other discharges authorized by the city in writing that are necessary to protect public health and safety; c. Discharges associated with dye testing, however this activity requires verbal notification to the city prior to the time of the test; The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and further provided that written approval has been granted for any discharges to the storm drain system. All noxious weeds and other rank growths of vegetation upon public or private property; (10) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; 5 (11) Installing or operating of an outdoor wood boiler. Outdoor wood boiler means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, wood pellets, and corn, that produces heat or energy used as a component of a heating system providing heat for any interior space or for domestic water consumption. Outdoor wood boilers do not include natural gas -fired fireplace logs, wood - burning fireplaces or wood stoves in the interior of a dwelling nor do they include bar-b- que grills or outdoor open air recreational fires. (12) All public exposure of people having a contagious disease; (13) Any offensive trade or business as defined by statute not operating under local license; and (14) All unnecessary and annoying vibrations. Sec. 38-3 - PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency: (1) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state or local law; (2) Betting, bookmaking and all apparatus used in those occupations; (3) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses; (4) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place. For the purposes of this section, Intoxicating Liquor shall mean any ethyl alcohol, distilled, fermented, spirituous, vinous or malt beverage containing more than 0.5% alcohol by volume; and (5) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose. Sec. 38.4 - UNSHELTERD STORAGE AND INOPERABLE OR ABANDONED MOTOR VEHICLES. Subd. 1. General. (1) Purpose. The purpose of this section is to declare the unsheltered storage of inoperable or abandoned motor vehicles and any other vehicles, machinery, implements, equipment, junk 6 or personal property of any kind to be a danger to the public health and safety. The use of tarps shall not be considered an acceptable form of shelter. (2) Declaration. The unsheltered storage of these property items throughout the city tend to impede traffic in the streets, interfere with the enjoyment of and reduce the value of public and private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well-being of the public, and create, extend and aggravate urban blight. The Council declares that, in order to protect the public health, safety and welfare from such conditions, these conditions are a public nuisance and must be regulated, abated and prohibited. Subd. 2. Unsheltered storage and clutter. (1) General rule. No person may place, permit, store, allow, maintain or leave machinery, implements, equipment, clutter or personal property or unsheltered storage upon an open space area of any premises located anywhere in the city. Subd. 3. Wood storage. (1) General rule. No person shall keep or store wood or allow wood to be kept or stored outside on property owned or controlled by that person on residential zoned property, unless said wood is kept or stored as follows: a. In neat and secure stacks which shall not exceed a maximum of four stacks with a total combined volume not exceeding 5 feet high by 10 feet wide by 25 feet long. b. Unless screened by a solid fence or wall, stacks shall not be closer than five feet from the property line. c. The wood stacks shall not be infested or inhabited with rats, rodents, vermin, or insects noxious or dangerous to persons or property. d. The wood shall not be stored or kept in the front yard or yard that is commonly considered the front yard of any lot. e. Temporary storage of logs for up to 30 days outside of the required areas of setback from the property lines and street is allowed for the purpose of cutting and splitting logs to a size usable in the residence's wood burning device (2) Exceptions. The wood storage regulations shall not apply to: a. Persons having property on which new construction is taking place and the wood on said property is used for said construction, unless the wood has remained on the property for more than 30 days and is not a permanent part of the new construction at the end of that time; and 7 b. Persons storing or keeping wood on property when said wood is stored within an enclosed structure which otherwise conforms to the zoning requirements of the district. Subd. 4. Inoperable or abandoned motor vehicles. (1) General Rule. No person shall place, park, permit to remain, store or leave upon an open area of any premises located anywhere in the city any inoperable or abandoned vehicle for more than seven days. (2) Exceptions. (3) a. In a residential zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than seven days unless the vehicle is kept entirely within an enclosed building. b. In a business or industrial zoned district, inoperable or abandoned vehicles may not be placed, parked, permitted to remain, stored or left for more than seven days unless adequately screened, or three days on a business or industrial property that is not an auto repair establishment. Adequate screening will require the keeping of the vehicles within a building, tight fence at least five feet in height, or within an earth -toned or neutral colored opaque cover that was specifically designed and manufactured for that purpose and which completely encloses such vehicle. Any inoperable or abandoned vehicle legally kept in a business or industrial zoning district for more than seven days must be at least 100 feet from a public highway or residential building. Definitions. For the purposes of this subdivision, an inoperable or abandoned motor vehicle means a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2 and in a condition described by one of the following: a. On public property for a period of more than 48 hours, or more than four hours when it is property posted, or in violation of either this Code or Minnesota Statutes; b. On private property without consent of the person in control of the property; c. Disabled meaning partially or completely dismantled or appearing either to be undrivable or to be lacking any of those parts of a motor vehicle which are essential to the functioning of the vehicle to the extent of making the vehicle inoperable, unless allowed under subd. 4 of this section; d. Without license plates; e. With license plates which have an expiration date more than 90 days prior to the date of inspection; or 8 £ An abandoned motor vehicle shall also mean a motor vehicle as defined in Minn. Stat. § 168B.011, subd. 2. which has remained in the impound lot of a towing company, licensed by the city, for more than 30 days after a written notice to remove the motor vehicle has been sent by registered mail to the registered owner. (4) Exemptions. For the purpose of this chapter the following vehicles are not to be considered abandoned motor vehicles: (5) a. A classic or pioneer car, as defined in Minn. Stat. § 168.10, provided that it is kept secure and as long as it has substantial potential further use consistent with its usual functions; b. Vehicles on the premises of a motor vehicle and parts dealer, junkyard, junk dealer, motor vehicle salvage dealer, automobile repair garage or body shop which is authorized by this Code; c. A vehicle kept inside an enclosed garage or storage building; or d. A vehicle which is registered to the owner or occupant of the property and which is being kept for repair on the property, provided that the vehicle is not kept for longer than 90 days in a disabled condition and its condition does not present a hazard and provided that only one disabled vehicle is kept on the property. Removal and Disposal. If a vehicle fails to meet any of the above requirements, the owner or possessor of the vehicle will be responsible to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten business days of receipt of a written demand by the city. In the event the owner or possessor of the vehicle cannot be located, then it will be the responsibility of the owner of the premises to remove the vehicle to a duly licensed junkyard or other authorized place of deposit or storage within ten working days of receipt of the written demand by the city. (6) Impoundment of vehicles. The city may take into custody and impound any vehicle or vehicles in violation of this section, following the expiration of the notice. (7) Disposition of impounded vehicles. In all cases of impoundment described above, the city shall serve notice on the owner of the property pursuant to Minnesota Statute § 168B.06. The owner or lienholder may reclaim the vehicle pursuant to Minnesota Statute § 168B.07. If the vehicle is not reclaimed, it may be disposed of at auction or sale pursuant to Minnesota Statute § 168B.08. Sec. 38.5 - BUILDING MAINTENANCE AND APPEARANCE. (1) General Rule. Buildings, fences and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: are unsightly; decrease adjoining landowners and occupants' enjoyment of their property and neighborhood; and adversely affect property values and neighborhood patterns. 9 (2) Standards. A building, fence or other structure is a public nuisance if it does not comply with the following requirements: a. No part of any exterior surface may have deterioration, holes, breaks, gaps, loose or rotting boards or timbers. b. Every exterior surface that has had a surface finish such as paint applied must be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface may have peeling, cracked, chipped or otherwise deteriorated surface finish on more than 20% of: i. Any one wall or other flat surface; or ii. All door and window moldings, eaves, gutters and similar projections on any one side or surface. c. No glass, including windows and exterior light fixtures, may be broken or cracked, and no screens may be torn or separated from moldings. d. Exterior doors and shutters must be hung properly and have an operable mechanism to keep them securely shut or in place. e. Cornices, moldings, decorative trim, lintels, sills, bay or dormer windows and similar projections must be kept in good repair and free from cracks and defects that make them hazardous or unsightly. f. Roof surfaces must be tight and have no defects that admit water. All roof drainage systems must be secured and hung properly. g. Chimneys, antennae, air vents and other similar projections must be structurally sound and in good repair. These projections must be secured properly, where applicable, to an exterior wall or exterior roof. h. Decks, landings, platforms, porches, and other similar architectural elements must be structurally sound and in good repair. Sec. 38.6 — VIOLATIONS. (1) No person shall, directly or indirectly or by omission, create a nuisance. Violations of this Chapter shall be deemed to be a public nuisance subject to abatement pursuant to City Code § 38.7. (2) No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person's control. 10 Sec. 38.7 — ABATEMENT. Subd. 1. Emergency abatement. Whenever the city is made aware of the existence of a public nuisance, the city will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented and the city may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance. Subd. 2. Abatement; notice. (1) General rule. If, after inspecting the property, the Enforcement Officer declares the existence of a public nuisance but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then regular abatement procedures will be followed. (2) Notice. a. In cases where emergency abatement of a public nuisance is not required, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information: i. Description of the property upon which the nuisance is situated; ii. The nature of the nuisance to be abated; iii. State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the city; iv. State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and v. A compliance deadline. The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice unless another compliance deadline is stated. b. If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the city may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously. Subd. 3. Disclosure of responsible party. 11 (1) Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract. (2) An owner or responsible party shall, upon the request of the Enforcement Officer, provide the Officer with access to all interior portions of any occupied or unoccupied building in order to permit the Officer to make a complete inspection. Subd. 4. Authority to abate. (1) The Enforcement Officer is authorized to enter in or upon any property or structure for the purpose of enforcing and ensuring compliance with the provisions of this section. (2) If the public nuisance has not been removed or resolved by the compliance deadline, the city has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the city may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The city may call upon any of the city departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the city pursuant to Subd. (9) below, the city may sell the salvaged material at private or public sale with the proceeds from the sale going to the city's community development. Subd. 5. Abatement Invoice. If the city performs the work pursuant to Subd. 4(2) above, the city will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of up to 25% for administrative costs. Subd. 6. Appeals. An owner or responsible party may appeal by following the procedures set forth in City Code § 22-10. Any personal property of value or salvageable property coming into possession of the city during the course of the abatement pursuant to Subd. 4(2) above will be stored by the city pending the outcome of the appeal. SECTION 2. REPEAL AND REPLACE. Sections 22-10, 22-11, and 22-12 of the City Code, Administrative Citations and Civil Penalties, Background Checks, and Administrative Offenses are hereby repealed and replaced as follows: Sec. 22-10 - ADMINISTRATIVE CITATIONS. Subd. 1. Purpose. The City Council seeks to offer an alternative method of enforcement for city code violations rather than relying on the criminal court system. The formal criminal prosecution process does not provide an environment to adequately address the unique and sensitive issues that are involved in city code violations, including, but not limited to, neighborhood concerns, 12 livability issues, economic impact, physical limitations of the offenders and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the court system is a slow, overburdened and methodical process that is not conducive to dealing with the violations in a prompt and timely manner. Finally, the penalties afforded the criminal court system are restricted to fines or physical confinement, which are not always effective solutions to address city code violations. In order to provide more flexibility in addressing city code violations on an individualized basis that will be more efficient and effective, the City Council finds that an alternative enforcement process is necessary. Therefore, to protect the health, safety and welfare of the citizens of the city, it is the City Council's intent to create a process for the use and imposition of administrative civil penalties that will provide the public and the city with a more effective alternative method for addressing city code violations. Subd. 2. Alternative methods of enforcement. A violation of the city code is a misdemeanor pursuant to City Code § 21-9; however, this section seeks to gain compliance with the city code as an alternative to the commencement of any formal civil or criminal court action. The administrative civil penalties proceedings are in addition to any other legal or equitable remedy available to the city for city code violations. The city may, in its discretion, choose not to issue an administrative citation and may initiate criminal charges instead. (1) Authority to issue compliance letters and administrative citations. Any employee or agent enumerated in City Code § 58-1 or any duly authorized representative thereof is authorized to issue compliance letters and administrative citations for violations of the city code. (2) Compliance letter. a. Contents of compliance letter. If a city employee or agent determines that a city code violation has occurred, when appropriate, a compliance letter shall be issued. The compliance letter shall contain the following information: i. A description or address of the property on which the city code violation has occurred; ii. The nature of the violation, including a reference to the appropriate city code section; iii. A compliance deadline, providing a reasonable time for compliance based on the nature of the violation; and iv. A statement that failure to correct the violation may result in the imposition of an administrative citation, including a civil penalty and stating the amount of the penalty as provided in the fee schedule. b. Service of compliance letter. The compliance letter may be served on the offender by certified mail, regular mail sent to the last known legal address, by personal service or by posting a copy in a conspicuous place in or about the building or property affected by the letter. 13 c. Reasonable extensions. Following service of the compliance letter, the city shall attempt to work to resolve the violation, including, but not limited to, offering reasonable extensions for compliance. d. Exceptions to issuance of a compliance letter. For violations of any of the following sections, the city shall not be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as provided in division (3) below. i. Repeat offender. If the same offender commits a subsequent violation within 12 months after a compliance letter has been issued for a same or similar offense. ii. License violations. For any license violations, including, but not limited to, not having a license. iii. Fire prevention violations. For violations of Chapter 23. iv. Animal violations. For any violation of Chapter 27. v. Traffic or parking violations. For traffic or parking violations issued under Chapter 51. vi. Noise violations. For any violation of City Code § 52-19. vii. Emergency situations. When a condition exists that requires immediate action to protect the public health, safety and welfare. viii. Disorderly conduct or other similar behavior that tends to disrupt, injure or annoy a reasonable person for which a compliance letter would be moot, as the conduct or behavior has terminated. (3) Administrative citation. a. Generally. Upon the failure to correct the violation specified in the compliance letter within the time frame established in the compliance letter or any extension thereof granted by the city, or for any offense for which a compliance letter is not required, an administrative citation may be issued. The administrative citation shall be served by certified mail, regular mail or by personal service and shall contain the following information: i. A description or address of the property on which the city code violation has occurred; ii. Reference to the city code that is alleged to be violated; iii. The amount of the administrative civil penalty for the specific city code violation, which shall be due and payable to the city within 30 days of the date the citation is mailed or personally served; iv. A statement that the violation must be corrected or a subsequent administrative or a criminal citation may be issued; v. A statement that the city code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the City Clerk in writing within 10 days after the citation was mailed or personally served; and 14 vi. A statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in Minn. Stat. Chapter 429, as it may be amended from time to time. b. Payment of penalty and correction of violation. If the offender pays the administrative civil penalty and corrects the city code violation, no further action will be taken for that same violation. c. Payment of penalty without correction of violation. If the offender pays the administrative civil penalty but fails to correct the city code violation, the city may issue a subsequent administrative citation, initiate criminal proceedings or initiate any other proceedings or remedies available in order to enforce correction of the city code violation. d. No payment of penalty and no correction of violation. If the offender fails to pay the administrative civil penalty and fails to correct the city code violation, the city may do any of the following, or any combination thereof: i. Assess the administrative civil penalty against the property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time; ii. Issue a subsequent administrative citation, thereby commencing a new administrative penalties process; iii. Initiate criminal proceedings; and/or iv. Initiate other enforcement action authorized by law. e. Failure to pay an administrative citation for which the costs cannot be assessed shall be a misdemeanor. Subd. 3. Contesting the administrative citation. An offender receiving an administrative citation may contest the alleged city code violation and the amount of the administrative civil penalty. In order to contest any part of the administrative citation, the offender must notify the City Clerk in writing within 10 calendar days after the citation is mailed or personally served, stating that the offender contests the alleged violation, the amount of the penalty or both and pay a $200 non- refundable filing fee. (1) Administrative citation hearing. a. Scheduling the hearing. After receipt of the written notice to contest the citation as provided in Subdivision 3 above, the City Clerk shall schedule a hearing before an independent hearing officer, which will be held within 60 days, unless otherwise agreed to in writing by the parties. The City Clerk shall notify the owner of the date, time and location of the hearing. b. Independent hearing officer. An independent hearing officer, who may be from the office of administrative law judges, shall preside over the administrative citation hearing. 15 c. Conduct of the administrative citation hearing. i. At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. ii. The hearing officer shall receive and give weight to the evidence, including hearsay evidence. iii. The hearing shall be recorded and a full record of the proceedings shall be maintained by the city according to its data retention schedule. iv. Authority of hearing officer. The independent hearing officer has the authority to do any of the following, or a combination thereof: 1. Make a finding that a violation has occurred; 2. Reduce, stay or waive a scheduled administrative civil penalty either unconditionally or upon compliance with reasonable conditions; 3. Require compliance with the city code within a specified time frame; and/or 4. Make a finding that no violation has occurred and dismiss the administrative citation. v. Decision and order. 1. The hearing officer may announce a decision at the conclusion of the hearing or may take the matter under advisement. 2. The hearing officer shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than 10 days after the hearing. 3. Any administrative civil penalty that the independent hearing officer imposes must be paid to the city within the time frame established in the order. If no date is specified, it must be paid within 30 days of the hearing officer's order. 4. If the administrative civil penalty is not paid, the city may assess the civil penalty against the owner's property pursuant to Minn. Stat. Chapter 429, as it may be amended from time to time. 5. If the hearing officer determines that no violation occurred, then the city may not proceed with criminal prosecution for the same act or conduct. vi. Finding of violation. If the violation is upheld, then the offender must pay for the cost of the hearing, not to exceed $1,000, toward the cost of the hearing. 16 vii. Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the offender fails to appear, the administrative citation shall be sustained and the fee for the cost of the hearing shall be imposed. If the city fails to appear, the administrative citation shall be dismissed and the filing fee shall be refunded. (2) Appeal. The hearing officer's decision is final and may only be appealed to the Minnesota Court of Appeals. (3) Schedule of administrative civil penalties. a. The city shall adopt a fee schedule of administrative civil penalties for city code violations by resolution. b. The maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process. Sec. 22-11 - GENERAL PENALTIES. General penalties. (1) Any person who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall include a sentence of a fine or jail or both, up to the maximum authorized by law. (2) Exceptions. Where a provision of this code or a statute, rule, or regulation adopted by reference in this code sets a lesser penalty such as an administrative citation or a petty misdemeanor, or a different period constituting a violation than set pursuant to City Code § 22-11 that code or statutory or regulatory provision prevails. (3) Pursuant to Minn. Stat. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (4) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation. (5) In addition to any penalties provided for in City Code § 22-10, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation. 17 Sec. 22-12 - BACKGROUND CHECKS. Subd. 1. The City of Stillwater shall perform employment background checks, according to state and federal laws. The city administrator or designee, is authorized to conduct a criminal history background investigation on finalists for the following employment positions within the city, unless the city administrator concludes that a background investigation is not needed: all regular part time and full time employees of the City of Stillwater; paid on -call firefighters; all other positions or volunteer appointments that work with children or vulnerable adults. Subd. 2. The city administrator, or designee are authorized to conduct driver's license investigations of city employees and employment finalists for purposes of verifying compliance with job position and insurance requirements and conducting disciplinary investigations relevant to such requirements. Subd. 3. Background checks on licensees. The city administrator or designee is required, as the exclusive entity within the city, to perform a criminal history background investigation on applicants and managers, according to state and federal laws, for the following licenses within the city: a. Tobacco licenses; b. Towing licenses; c. Peddler licenses; d. Pawnbrokers; and e. Liquor establishments. SECTION 3. ENACTMENT. Section 52-19 of the City Code, Noise Control and Regulation is hereby enacted as follows: Sec. 52-19 - NOISE CONTROL AND REGULATION. Subd. 1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: General. Words and phrases defined in this subdivision have, when used in this section, the meanings given in this section. Any other word or phrase used in this section, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. L10 means the sound level, expressed in decibels (dBA) which is exceeded ten percent of the time for a one -hour period. L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one -hour period. 18 Noise means any unwanted sound not occurring in the natural environment, including, but not limited to, sounds originating from streets and highways, industrial, commercial, and residential sources. Where a sound measurement is specified, the sound shall be measured by a sound level meter (SLM) having characteristics as specified in the latest standards, 51.4 of the American Standards Institute. Calibration of SLM shall be at least "second stage" traceable to the national bureau of standards. Subd. 2. General prohibition. No person shall make, cause, or allow to be made any distinctly and loudly audible noise that unreasonably disturbs, injures or endangers the safety, health, comfort, peace, or repose of a reasonable person, or precludes their enjoyment of property. This prohibition is not limited by the specific prohibitions contained in the following subdivisions. It is not a violation of this provision to operate specified equipment in keeping with the restrictions of subdivision 4 below. Subd. 3. Prohibited noises made by sound producing or reproducing equipment. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. This includes operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building. Subd. 4. Hourly restriction on certain operations. Certain operations shall be restricted during certain hours as follows: (1) Recreational vehicles. No person may, between the hours of 10:00 p.m. and 8:00 a.m., drive or operate any minibike, snowmobile or other recreational vehicle not licensed for travel on public highways, in such a manner that it is plainly audible at a distance of 50 feet from its source. (2) Domestic power equipment. No person may operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 8:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this subsection. (3) Construction activities. No person may engage in or permit construction activities involving the use of any kind of electric, diesel or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Subd. 5. Receiving land use standards; maximum noise levels. No person may operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at or within the property line of receiving land use. 19 Table I. Sound Levels by Receiving Land Use Districts. Day (8:00 a.m.-10:00 p.m.) Night (10:00 p.m.-8:00 a.m.) Land Use Districts L10 Standard L50 Standard L10 Standard L50 Standard Residential 65 dBA 60 dBA 55 dBA 50 dBA Commercial 70 dBA 65 dBA 70 dBA 65 dBA Industrial 80 dBA 75 dBA 80 dBA 75 dBA For noise relative to period less than L-10 Standard, the following conditions apply: No indoor sound level shall be raised more than six dbc over existing background, and no outdoor sound level shall be raised more than ten dbc over existing background noise level. The limits of the most restrictive district shall apply at the boundaries between the different land use categories. The determination of land use shall be by its zoned designation. Subd. 6. New dwelling construction. New dwelling construction may have a sound transmission class (STC) designed to 50; field measurable to 45; and impact isolation class designed to 50; field measurable to 45, in addition to meeting requirements of the state uniform building code. SECTION 4. REPEAL. Chapter 40 of the City Code, Abandoned Vehicles is hereby repealed. SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: This ordinance repeals and replaces current City Code Chapters 38 and 40 relating to nuisances with a new Chapter 38 covering all public nuisances; repeals and replaces City Code § 22-10, 22-11 and 22-12 relating to administrative citations and civil penalties, background checks, and administrative offenses with new sections regarding administrative citations, general penalties and background checks; and enacts City Code § 52-19 regarding noise control and regulation. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2021. CITY OF STILLWATER Ted Kozlowski, Mayor 20 ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette — 21 ijlwater THE B I R T H P L A C E CF MINNESOTA PLANNING REPORT DATE: April 2, 2021 TO: Mayor & Council Members APPLICANT: Nathan Landucci LAND OWNERS: Jon Whitcomb, Mark Balay REQUEST: Sale of City property for apartment development LOCATION: 3rd and Myrtle FROM: Bill Turnblad, Community Development Director REVIEWED BY: Tom McCarty, City Administrator Kori Land, City Attorney Abbi Wittman, City Planner Shawn Sanders, City Engineer BACKGROUND Nathan Landucci of Landucci Homes has a purchase agreement for several pieces of property at the northeast corner of 3rd and Myrtle for the purpose of developing a 54- unit market rate apartment building. In order to construct the building as conceptually planned, an irregular strip of City owned property would be needed. The strip of land is shown to the right in red crosshatch. Landucci Homes April 2, 2021 Page 2 The southerly projections of the parking ramp property were purchased from the abutting property owner for the purpose of constructing retaining walls associated with the parking ramp. If the City Council conceptually approves the requested land sale, the apartment building's walls would replace the function of the retaining walls. The outline of the apartment building is shown below. 'sUILDIW� 14,550 SF! FOOTPRINT wanted. The western 10' by 90' strip of the requested City land purchase is not associated with the retaining walls. It is a remnant piece that serves no public purpose. It actually encompasses part of the private parking lot adjacent to the City parking lot. At the time the parking ramp was constructed, the US Post Office was considering moving to the corner property here, and this private parking lot would have been theirs. It attaches to the City parking lot which would have provided the Post Office with overflow parking that they But, the Post Office relocated elsewhere and the remnant private parking lot will be demolished whenever the corner property develops. Red line represents foundation of apartment building. Crosshatch area represents City owned property. Landucci Homes April 2, 2021 Page 3 SPECIFIC REQUEST Landucci Homes has requested the City Council to conceptually approve the sale of about 2,125 square feet of City property for the development of an apartment building. COMMENTS For comparison purposes, the footprint of the residential condominium structure proposed several years ago by Jon Whitcomb is outlined to the right in blue. The conceptual footprint for the Landucci building is shown in yellow. If the City Council gives conceptual approval of the land sale, the developer would then submit requests for a conditional use permit and a design permit. Prior to approval of those permits, details of the land sale would be negotiated. Finally, a condition of approval attached to the conditional use permit should be that the City's consulting structural engineer will need to review and approve the proposed building. Attachments: Request letter Site plan Letter from City's structural engineer Front elevation; garage plan; first floor plan cc: Nathan Landucci February 19, 2021 Abbi Jo Wittman City Planner 216 4th Street North Stillwater, MN 55082 Narrative Dear Abbi, This is a formal request to the City Council for their consideration in transferring ownership of a small irregular strip of city owned land to our private locally owned entity that would own and manage the proposed apartment building. In this application we have submitted a preliminary site plan that shows the land assembly of 4 parcels owned by Jon Wittcomb, 1 parcel owned by Mark and Catherine Balay and the proposed acquisition of the city owned land denoted in red crosshatching. I currently have control of both the Wittcomb and Balay properties; the sites are under contract. The city's property that I am looking to acquire has 2 retaining walls. The walls retain dirt due to elevation changes by the the city's parking ramp and bridge to the ramp. Our structural engineer's opinion is that we will be able to remove portions of these walls in our proposal to redevelop the site. Our Architecture, Engineering and Civil plans will show how our building and retaining walls can sufficiently retain the soils during construction and upon completion of the project. The city would also take advantage of the fact that those existing retaining walls would no longer have to be the responsibility of the city to maintain and monitor. Please refer to the engineering opinion by my structural engineer, Kerry Rauschendorfer; Larson Engineering. His letter details further explanation of the current conditions and the steps we would take to ensure the construction and engineering details are acceptable to the city. Our site plan also shows the interconnected design with existing city parking and shows a net benefit of an additional 3 parking spaces. Our attached concepts shows elevations and floor plans of the proposed 54 unit market rate apartment building. We plan to promptly submit a planning and design application but per city staff request, the current application has to occur first. I appreciate the consideration of City staff and City Council in this matter. Best Regards, Nathan Landucci; Landucci Homes, Inc. gyilSite U 107 3RD STREET NORTH, STILLWATER 4931 W. 35TH ST., #200 ST. LOUIS PARK, MN 55416 Office: 612.615.0060 www.CivilSiteGroup.com Project Number: Issue Date: 21043 2/18/21 Revision Number: Revision Date: EX • H HERZOG U U ENGINEERING LLC March 30, 2021 City of Stillwater Attn: Abbi Jo Wittman, City Planner 216 4th Street N Stillwater, MN 55082 Re: Structural Assessment for Foundation/Retaining Walls Proposed Development at 107 3rd Street, Stillwater, MN Project Number: 211143 Dear Ms. Wittman: As requested, I have performed a structural review of the existing foundation and retaining walls at the proposed development site at the address listed above. In particular, I was asked to review the feasibility of the removal of a portion of an existing poured concrete retaining wall or if it is integral with the foundation of the bridge structure, and I was asked to review the feasibility of the removal and replacement of an existing modular block retaining wall at the East side of the development site. See page 4 for an overall view of the retaining walls. My review was based upon the construction drawings for the existing parking ramp/bridge you provided, some preliminary drawings for the proposed structure, and my field observations. I understand the proposed structure will be an L-shaped building with one level of parking partially underground, and 4 stories above that. The existing parking ramp and bridge structure adjacent to the proposed building is comprised of a mix of poured concrete and post -tensioned concrete. Poured Concrete Retaining Wall The existing poured concrete retaining wall runs between the existing parking -on -grade and the existing bridge structure. The poured concrete retaining wall is a traditional cantilevered retaining wall, relying on the soil weight to resist the lateral/overturning loads. The adjacent bridge foundation consists of driven pipe piles, concrete pile caps, and poured concrete columns/piers that support the post -tensioned concrete beams and deck. The drawings of the existing ramp/bridge and retaining wall indicate that the retaining wall is constructed independently of the bridge foundation, with a 3" gap between the top of the wall and the bridge deck, and a 2" gap between the retaining wall footing and the adjacent concrete pile cap. See page 5 for view of gap between retaining wall and bridge deck. My review concludes that the poured concrete retaining wall is not reliant upon the bridge structure for support, and vice versa, so the poured concrete retaining wall may be partially removed without affecting the structural integrity of the existing bridge structure. The effects of any possible grading changes and/or new foundations are beyond the scope of this report, and should be designed accordingly by the proposed building engineer as to not undermine the existing bridge/ramp structure and retaining wall that will remain. 530 North 3rd Street I Suite 230 I Minneapolis MN 55401 I (612) 844 1234 I www.herzogengineering.com page 2 City of Stillwater Retaining Wall Assessment March 30, 2021 ■H HERZOG NE ENGINEERING LLC Modular Block Retaining Wall At the East end of the proposed development site, there is an existing modular block retaining wall, comprised of large concrete blocks. The existing drawings do not contain any information on this retaining wall. A geogrid support system is assumed. My understanding is that the proposed development will partially remove this wall, and replace it with the new building's foundation. If designed properly and if proper set -backs are followed, the foundation wall of the proposed building could be designed to retain soil at this location. My review concludes that the existing modular block retaining wall may be removed and replaced with the new building's foundation, provided set -backs and grading/elevations do not undermine the adjacent structure's foundations. The adjacent rubble retaining wall is outside of the proposed development site, and was not part of the scope of this report. This report and my findings are limited to only the portions of the existing retaining walls indicated on page 3, and limited to the information provided to me and what was visible at the time of my site visit. No other structural elements or considerations are included in the scope of this report. The foundation type, elevations and exact grades for the proposed development are unknown, thus this report is not a replacement for the final structural design and analysis of the proposed building foundation and its impacts on the existing structures around the development site. The proposed building's foundation and grading impacts upon the existing structures shall be reviewed and designed by the licensed engineer -of -record for the proposed project. If you have any questions or need anything further, please don't hesitate to contact me. I can be reached at (612) 844-1234. Sincerely, Herzog Engineering, LLC Joshua Herzog, PE, LEED AP Structural Engineer I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Print Name: Joshua Herzog Signature Date 03/30/2021 License # 42392 530 North 3rd Street I Suite 230 I Minneapolis MN 55401 I (612) 844 1234 I www.herzogengineering.com page 3 City of Stillwater Retaining Wall Assessment March 30, 2021 1655 175 Ik4‘ N4M:DLA BLOCK RETAINING WALL L O POUREDRETE JLfl RETAINING WALL SEGMENT NH HERZOG NE ENGINEERING LLC NOTE: TOPOGRAPHY TAKEN FROM SURVEY DATED 1-23-13. NO ADDITIONAL SURVEYING TO DATE. 530 North 3rd Street 1 Suite 230 1 Minneapolis MN 55401 I (612) 844 1234 1 www.herzogengineering.com page 4 City of Stillwater Retaining Wall Assessment March 30, 2021 ■H HERZOG Elm ENGINEERING LLC POURED CONCRETE RETAINING WALL J13IId 1 �t�,°.E it w IIIII�uuIIIII!'919'JIN IIIIIIIIIIII�I �II�)l��IIRI6f! I I� RUBBLE RETAINING WALL (NOT IN SCOPE) 530 North 3rd Street I Suite 230 I Minneapolis MN 55401 I (612) 844 1234 I www.herzogengineering.com page 5 City of Stillwater Retaining Wall Assessment March 30, 2021 ■H HERZOG Elm ENGINEERING LLC 530 North 3rd Street I Suite 230 I Minneapolis MN 55401 I (612) 844 1234 I www.herzogengineering.com a a Ilfllllllll— BFL(tlo- wr • np4 SIZIOTRY • MYRTLE 57, E liwater THE BIRTH P L A C E OF MINNESOTA City Council REPORT DATE: March 31, 2021 CASE NO.: 2021-16 MEETING DATE: April 6, 2021 REQUEST: Consideration of approval of an Encroachment Agreement for a driveway extension down the platted but undeveloped William Street North right-of- way LOCATION: Lot 4, Block 11, Sabin's Addition to Stillwater, north of 408 William Street North LANDOWNER: Victor Hammer Tyler Morris & Justin Rees REVIEWED BY: Bill Turnblad, Community Development Director; Kori Land, City Attorney; and Shawn Sanders, City Engineer; REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND In July, 1950 the Stillwater City Council vacated the east 30' of portion of the platted William Street right- of-way (ROW) adjacent to 726 Linden Street West (legally described as Lots 9-10, Block 10, Sabin's Addition to Stillwater). The vacated land extends 175' from the Linden Street right-of-way to the top of the McKusick Ravine. In 1991 Albert and Ruth Ranum sought to develop the property located at 408 William Street North (legally described as Lots 6-7, Block 11, Sabin's Addition to Stillwater). They requested, and were granted, permission from the Stillwater City Council to construct a 12' wide gravel driveway and extend municipal water and sewer service connections from the Linden Street ROW to their property. The City entered into a transferrable Development Agreement (DA) which binds all heirs, successors, and assigns to "maintenance, snow plowing, upkeep and repair of the driveway". The property is currently owned by Victor Hammer. Tyler Morris and Justin Rees purchased Lot 4, Block 11, Sabin's Addition to Stillwater in 2018. A legally subdivided, 5,000 square foot parcel of land that was platted in 1882, the property has no access but is adjacent to the undeveloped William Street North ROW to the north of Mr. Hammer's property. There are no public utilities within the vicinity of the subject property though services are available in the Linden Street West ROW, approximately 225' to the south. Prior to the property owner's purchase, Mr. Morris did discuss property access with City staff. At that time, former City Attorney Magnuson advised the Council may approve a license to allow for a driveway to be constructed down the William Street North ROW. Staff provided the prospective property owner with the 1991 DA and advised that development of a joint Hammer/Morris & Rees agreement would be required for Council's consideration. Since that time, the property owners have drafted a Driveway Maintenance and CPC 2021-13 April 6, 2021 Page 2 Easement Agreement, approving joint use of the Hammer driveway and extending the driveway to the Morris/Rees property. A copy of the agreement has been provided to the City and a diagram of the agreement is shown, right. SPECIFIC REQUEST Approval of an Encroachment Agreement for a driveway extension down the platted but undeveloped William Street North right-of-way. EVALUATION OF REQUEST City Code requires any new lot created to have access onto a developed roadway. However, the Morris/Rees property was platted long prior to the adoption of the City's zoning and development code. In addition to not meeting the City's frontage requirements, the lot is undersized from the RB — Two Family Residential zoning district's required 7,500 square foot minimum lot area. Although the property was owned in conjunction with 419 Greeley Street North at one time, the properties were never legally combined. Therefore, the property is classified as a legal, non -conforming lot of record and, provided development can conform to all standards of the zoning code (including, but not limited to, setbacks and maximum coverage requirements), the property can be built upon. KEY: 0 Shared Drive (Extends 150' from Linden St W) El Morris Private Drive Hammer Driveway (Not included in agreement.) Morris Driveway (Not included in agreement.) 41 415 710 415 41 5 Hammer/Morris & Rees Agreement Diagram (Provided by Tyler Morris) While driveway `licenses' were a common tool used by the City Council to grant access to historically challenging lots, this is not as common of a practice today. City policy has been that a public roadway must be developed for access for more than two properties; in other words, shared driveways for two properties (though uncommon) is a practice the City has allowed in areas where development is challenged by topography or other factors. Given the City's 1950s vacation of the eastern 175' of the ROW and the proximity to the top of the ravine, developing a roadway to City standards (requiring 32'-42.5' of width with turnaround access) is not achievable in this area. Analysis of potentially developable lands within the vicinity has been done. Given the steepness of the McKusick Ravine on the north and east side of the William Street ROW, no additional lots can be created nor can additional homes be added to this side of the road. While the property at 726 Linden Street West does have land area adjacent to the undeveloped ROW in this area, the land contains steep slopes. Steep slopes cannot be counted as a part of the lot's total area. Additionally, the existing property has a significant amount of structural and other impervious surface coverage, likely maximizing the total coverage allowed on the property. Therefore, the property would not be eligible to be re -subdivided in the future. On the west side of the ROW, the rear yards of Greely Street North properties are adjacent to the William Street ROW. The property at 415 William Street North is comprised of lots 5 & 12, Block 11, Sabin's Addition to Stillwater; however, lot 5 and lot 12 have been legally combined for a total land area of 12,000 square feet (s.f.). With a minimum lot area of 7,500 s.f. required for any new lot created, the City would not CPC 2021-13 April 6, 2021 Page 3 allow for a lot split to occur on this property. The property to the north of the Morris/Rees property, 423 Greeley Street North, is a little different. Encompassing .67 acres (29,185 s.f.), a large portion of this property is located in the rear yard (adjacent to the William Street ROW). As a reminder, new lots created (even those previously combined) must have frontage on a public street. As the rear yard of this property (as well as the William Street ROW adjacent to the rear yard) contains steep slopes, access from the east would be challenging given the City requires roadways to be constructed 10' from the top of a steep slope. Therefore, if the property owner of 423 Greeley Street North would like to re -subdivide this property into the future, any new lot created would have to front Greeley Street North. ALTERNATIVES The City Council has several available alternatives: 1. Approve — If Council finds that the Morris/Rees driveway extension request is reasonable, the Council can move to conceptually approve the request, with or without conditions. Staff will work with the City Attorney's office on the required Council Resolution language/authorization documents to be brought back before the Council at a later date. 2. Deny — If the Council finds that the Morris/Rees driveway extension request is not reasonable, the Council can move to deny the request. 3. Table for more information. RECOMMENDATION While this request is not common, it has been a tool the City has utilized in the past to provide access to challenging legally subdivided, non -conforming development sites. Given an existing driveway has been in existence for 30 years without challenge and this one additional property is the only property that could be developed and accessed from this ROW, and the property owners are in agreement to the shared use of the existing driveway, staff recommends the Council conceptually approve the driveway extension request. Attached: Tyler Morris Narrative Request Site Location and Area Map 1991 Ranum Development Agreement March 5, 2021 Stillwater City Council Members, In 2018, my partner and I purchased an undeveloped lot on the North Hill, beyond the end of William Street North. The lot is zoned for a single family home and we hope to build there soon. When the lot was purchased, I consulted with Stillwater City Planner Abbi Jo Wittman on completing driveway access to the lot through a Joint Maintenance and Easement Agreement with the neighboring property owner Victor Hammer. Victor's property, 408 William Street North, was granted access through the attached Development Contract approved by the Stillwater City Council in May 1992. That agreement provided access to the 408 William property by permitting the developers to install a driveway within the westerly 30 feet of an unopened portion of William Street that lies north of Linden Street West. To provide access to our lot, we are requesting that the existing agreement be amended with the attached Joint Driveway Maintenance and Easement Agreement. This agreement covers our mutually agreed upon conditions for normal maintenance, major repairs, replacement, and winter maintenance of the Joint Access Driveway. The easement portion allows for access to be extended to our undeveloped lot. Thank you for your time and consideration, Tyler Morris Attached: 408 William St N Development Contract Attached: Joint Driveway Maintenance and Easement Agreement 0 z 501•�'.` 423 419 415 407 401 408 404 815 316 sum 601 Text 527 • • 4 4 ♦ 523 • 26 i 519 PARK PL 512 LINDEN 317 717 709 502 704 0 The Birthplace of Minnesota N Site Location and Area Map Undeveloped William Street North ROW Vacated (30') William Street ROW Morris/Rees (Subject) Property CHammer (Ranum) Property 726 Linden Street West Property 11 William Street ROW Parcels - - — Approximate Top Steep Slope 50 100 200 Feet -a DEVELOPMENT CONTRACT The City of Stillwater, a Home Rule City of the Third Class, Washington County, Minnesota, ("City") and Albert E. Ranum and Ruth Ranum, owners of property within the City, ("Developers"); agree as follows: 1. Property. The real estate subject to this Contract is legally described as Lots 6; and 7, Block 11, Sabins'Addition to the City of. Stillwater, according to the plat thereof-bh record with the County Recorder of Washington County ("the Property"). 2. Access. Access to the Property will be provided over the Westerly 30 feet of an unopened portion of William Street lying Northerly of Linden Street and adjacent to the Easterly boundary of the property ("Access Property"). • 3. Driveway. The Developers will provide access to the property over the access property by installing and building at their own expense a 12 foot driveway, surfaced with classfive granular material. The Developers agree to be responsible for the maintenance, snow plowing, upkeep and repair of this driveway. 4. Utilities. Developers will install at their own expense a one -inch water line, tap and stand pipe that will connect the property to the watermain located in the right-of-way of Linden Street. This pipe will be buried in the access property and will be constructed under the supervision of the City Water Department. 5. Sewer. The Developers will install at their own expense a four -inch sewer line to connect the property to the sewer located in the right-of-way of Linden Street. Construction of this sewer line and the hookup and connection to the City system shall be done under the supervision of the City Public Works Director. 6. Future Assessments. In the event the City is compelled or deems it necessary to install utilities, including sewer, water, streets, and curbs and gutters within the access property, the Developers agree to pay any assessments, hookup charges or service charges that the City levies against the property. The Developers hereby waive the right to object to these charges if the objection is based upon the grounds that the property is adequately served by the utilities installed at the expense of the owners. All other rights to object to the assessment is reserved in the owners. 7. Indemnify and Hold Harmless Agreement. The Developers, their heirs, transferees and assigns agree to indemnify, hold harmless and defend the City of Stillwater, its agents and employees, from any and all claims or causes of action that arise or grow out of the adequacy, construction of, design or function of the access and utilities that are allowed by this Contract. 8. Land Use. The Developers agree that any development to occur on the property will be built and constructed pursuant to the provisions of the Stillwater Zoning Ordinance. 9. Transfer. The property may be sold or transfered without notice to the City. However, this Agreement shall be binding on the heirs, assignees and transferees of the Developers.'" IN WITNESS WHEREOF, the parties have hereunto set their hands this ^ wi day of March, 1 991 . CITY OF STILLWATER rrWally brahamson. Mayor Attest: Mary Lou/Johnsonity Clerk 42, &wig /// Albert E. Ranum STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON) On this 3V day of April, 1991, before me, a Notary Public within and for said County, appeared Wally Abrahamson and Mary Lou Johnson, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Stillwater, and that this. instrument was signed and sealed in behalf of the City by authority of its City Council. They acknowledge that said instrument was the free act and deed of the Cit Notary Public STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON) DA'l iC T. MAGNUSON Notary Public - Minnesota Washington County 3 My Commission Expires 7/26/91 ~iyryVIA.-VvW‘r5VvVNWv° On this 7th day of . May,; .1991 , before me, a Notary Public within and for said County, appeared Albert E. Ranum and Ruth Ranum, to me personally known, who, being by me duly sworn, did say that they are the Developers in the foregoing instrument, and thatith/ instrume}a ,,was signed as their free act and deed. Nota y Publ ijlwater THE B I R T H P L A C E CF MINNESOTA DATE: TO: TOPIC: April 2, 2021 Mayor & Council Members Outside sales area permits & liquor license amendments REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Given the continued impact of COVID-19 to commerce, the Council approved the renewal of the 2020 Outside Seating Area (OSA) program for 2021. The main points of the program are that: 1) Permits will be valid through October 31, 2021 2) On -street parking spaces adjacent to businesses can be used for seating or retail sales areas ("parklets") 3) On -street parking spaces can be reserved for curbside pickup 4) Private property can be used for outside seating and sales. 5) Liquor license can be amended to include the OSAs. Guidelines for the issuance of the 2021 permits are established in the attached resolution and the attached application forms. SPECIFIC REQUEST Take these five actions separately: 1) Adopt the attached 2021 OSA Program Resolution. 2) Approve as a single "consent" action all the OSA permits that remain unchanged from last year. To date they include: Brick & Bourbon (Water Street only); Brians (Water Street only); Kari s Paint & Create; Maple Island Brewery; The Lumberjack; Norman Quack's; Lolito's; La Carreta's, Oasis Cafe and Meister's. Staff will issue individual permits to these businesses after Council approval. 3) Consider approval individually of the permit applications that have changed or have aspects inconsistent with the OSA program. These permit applications OSA Permit Program April 2, 2021 Page 2 include: Pat Wolf; The Zephyr Theater; and The Velveteen. Staff will issue individual permits to the businesses based upon Council action. 4) Approve the Leo's Malt Shop request for two on -street parking spaces on Main Street adjacent to the restaurant for use by customers as curbside pickup spaces. Staff will issue a permit if approved by Council. 5) Adopt the attached Liquor License Amendment Resolution for the applicable OSA Program businesses. WOLF OSA PERMIT Pat Wolf submitted an application for the patio at 204 N Main. The space is planned to be flexible to allow one or several of the following at any one time: coffee service, alcohol service, a food vending truck, a grill and corn vendor, retail sales and outdoor musicians. A Conditional Use Permit exists for the property that allows the vending truck and outdoor coffee cart/service. The Conditional Use Permit does not allow for the requested outdoor music. No public parking or public property is involved. WOLF'S SPECIFIC REQUEST 1. Use of private property for outdoor sales area. 2. Use of private property for outdoor food/beverage service seating area. 3. Liquor license amendment to allow alcohol service in the outside seating area. 4. Use of outdoor sound system for musicians. COMMENTS ON WOLF REQUEST Much of this request is straight forward. The seating and sales areas would be completely contained on fenced, private property. Temporary outdoor retail sales are allowed by OSA permit. And, the vending truck and coffee sales areas are already allowed through a Conditional Use Permit for the property. OSA Permit Program April 2, 2021 Page 3 However, there are two requested items that cannot be permitted under the COVID-19 OSA Program. 1. Outdoor sound systems are not allowed without a Conditional Use Permit. And the existing Conditional Use Permit does not provide for outdoor sound systems. So, the temporary OSA cannot include the use of an outdoor sound system. In order to include the sound system on the patio, an application would need to be submitted to the City and approved for an amendment to the property's Conditional Use Permit. A public hearing would be scheduled and surrounding property owners would be notified as part of this review. 2. A liquor license cannot be issued for service of alcohol on this property. The retail building does not have a liquor license, and the City does not allow sale of alcohol under a caterer's license under the OSA program. RECOMMENDATION FOR WOLF REQUEST Staff recommends conditional approval of the requests EXCEPT for the outdoor sound system and liquor license. The conditions attached to the allowable OSA requests would be any that are attached by the Stillwater Fire Department and Washington County Public Health & Environment. OSA Permit Program April 2, 2021 Page 4 THE VELVETEEN OSA PERMIT The Velveteen, 123 N Second Street, has submitted a permit application for the temporary use of four on -street parking spaces as well as the City's Sunken Garden on Second Street. These spaces would be used for outdoor seating, which would include alcohol service. THE VELVETEEN'S SPECIFIC REQUEST A. Use of four on -street parking space on Second Street for outdoor seating. B. Use of the Sunken Garden on Second Street for outdoor seating. C. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS ON VELVETEEN REQUEST About 20 feet of the loading area in front of the JX Event Center is requested to be used for outdoor seating area for the Velveteen. The owner of the property concurred with this last year, k .I layer • ® i_ 63 On-rtreet herdicapped 0 E3 On -street Parking D 15 mimrte park ng emit . 30 minute parting limit p Loading/unloading ■ valet D BL<s loading/unloading • Bua parking u: ® PARCELS 0 numbers.dwq Group layer E la 280302at f �} D 28 Topo.dwg Group La., ilk ❑ 2803620.t11 fE 0 2803020.tif E6 ❑ Lot 1il expansion and if he does again this year, staff would support this. Two of the on -street parking spaces are in front of the Sunken Garden. Typically, staff would not support a request for outdoor seating space in front of property not connected to the business making the request. But, in this case, there would be no competing requests for the spaces. So, staff supports this. OSA Permit Program April 2, 2021 Page 5 The Sunken Garden is a public "pocket" park. And parks are not included amongst the areas allowed for private use in the outside seating area program. So, City Council would have to make a decision on whether to grant this portion of the request again this year. If the Council approves, staff would recommend at least the following conditions for use of the park space: 1. Tables and chairs must be removed from the Sunken Garden each evening so the public can use the park during the next day. 2. All trash must be picked up each night. RECOMMENDATION FOR THE VELVETEEN Staff recommends approval in part and denial in part. We recommend approval of the parklet seating area and the liquor license amendment for the on -street spaces, with the conditions found above and any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. However, similar to last year staff recommends denial of the request to use the Sunken Garden for an outdoor seating area. OSA Permit Program April 2, 2021 Page 6 THE ZEPHYR THEATER OSA PERMIT The Zephyr Theater, 601 N Main Street, has submitted an application for the temporary use of their private parking lot as an outside seating area (OSA) again this summer. Over the winter the fenced activity area increased to accommodate their ice maze. The fenced area this summer would be about the size it was this winter. Seating capacity will grow from 50 last summer to 250 this summer. As was the case last year, an amendment to the Zephyr Theater liquor license is being requested to allow alcohol service in the OSA. Also, since outdoor sound systems are only allowed Downtown with a public hearing and a Conditional Use Permit, the Zephyr Theater is requesting temporary approval with the OSA permit to allow a sound system for outside productions this summer. THE ZEPHYR THEATER REQUEST 1. Temporary Outside Seating Area permit; 2. Amendment of liquor license to temporarily add parking lot to premises; and 3. Approval with OSA Permit of an outdoor sound system for theater productions. COMMENTS ON ZEPHYR THEATER OSA PERMIT The proposed outside seating area is mostly on private property, except for the areas in blue in the site plan to the right. These blue shaded areas are owned by the City for street purposes. But, since the City is allowing parklets on City streets for this COVID OSA program, it seems reasonable to allow these blue shaded areas to be permitted as part of the theater's OSA. The OSA is proposed to be fenced according to liquor license standards. Staff believes that the outside sound system should only be approved with a public hearing and an amendment to the theater's Conditional Use Permit. But, if the Council OSA Permit Program April 2, 2021 Page 7 feels that a temporary COVID-19 driven allowance should be made for this summer's productions, staff would recommend at least the following conditions: 1. Outside sound system must be turned off at 10 PM and not turned back on again until after 10 AM. 2. Sound levels must remain within limits established by the City's nuisance ordinance. Depending upon the size of the stage, it may need to be reviewed and permitted by the Building Department. So, prior to installing the stage, the theater will need to check with the Building Department. RECOMMENDATION FOR ZEPHYR THEATER Staff recommends approval of the temporary OSA permit and the liquor license amendment with the condition that the theater must verify with the Stillwater Building Department whether a building permit will be needed for the stage, and that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. If the Council wishes to approve the outside sound system for the theater productions, then staff would recommend at least the two conditions listed above. Attachments: OSA Program Resolution Permit application forms Permit application for Wolf Permit application for the Zephyr Theater Permit application for the Velveteen Liquor license amendment Resolution RESOLUTION NO. 2021- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING TEMPORARY WAIVER OF CITY CODE PERMIT & ZONING REQUIREMENTS TO PROMOTE BUSINESS ACTIVITIES DURING THE COVID-19 HEALTH PANDEMIC WHEREAS, on March 13, 2020 Minnesota Governor Tim Walz issued Executive Order 20-01 declaring a Peace Time Emergency and Coordinating Minnesota's Strategy to Protect Minnesotans from COVID-19, and WHEREAS, in response, on March 16, 2020 Mayor Kozlowski declared a Local Emergency in recognition of the community risk posed by COVID-19, and WHEREAS, on March 17, 2020, the City of Stillwater City Council adopted the Local Emergency declaration and invoked the city emergency plan and authorized appropriate response strategies to the pandemic, and WHEREAS, the City of Stillwater City Council recognizes the continued risk and threat of community spread of the COVID-19 virus and the negative impact it has had on local business and further recognizes the potential negative impact that may continue upon reopening absent the ability of businesses to provide appropriate distancing between its patrons and its employees while operating profitably, and WHEREAS, in furtherance of the federal, state and local government response, there is a need to provide multiple, additional, or alternative customer service areas on commercial sites within the City in order to limit forward -facing exchanges between customers and employees and to promote physical and social distancing between patrons of a business and persons engaged in business activities. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize the following: 1. A business located in a commercial or industrial zone may establish drive -up or drive- through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas on its property to facilitate safe commercial activity conducted consistent with federal and state orders or health and safety guidelines, in accordance with the following: a. The Community Development Department shall have the authority to establish performance standards to implement the terms of this Resolution. b. Other than an amendment to a liquor license, no zoning, conditional use, or other Stillwater permit as otherwise required under City Code or Zoning Code shall be required for any temporary structure or operation related to customer service, waiting or dining seating areas; or on -site signage and storage; or other temporary outdoor use is proposed to occur outside of the business establishment provided the Community Development Department's performance standards are met. c. Any temporary structure or operation related to customer service, waiting or dining seating areas; or on -site signage and storage; or other temporary outdoor use proposed to occur outside of the business establishment that is otherwise prohibited by City Code or Zoning Code may be permitted subject to approval of the Community Development Department or Council as set forth herein. d. The Community Development Director or his designee shall have the authority to review and approve or deny any proposed temporary structure or operation related to customer service, waiting or dining seating areas; or on -site signage and storage; or other temporary outdoor use that is proposed to occur outside of the business establishment in accordance with the established performance standards. e. All operations allowed hereunder must comply with the Community Development Department's established performance standards. 2. Any on -sale liquor establishment shall be required to obtain City Council approval to amend its service area, which approval shall not be denied as long as it complies with the Community Development Department's performance standards. 3. The authority granted to the Community Development Director hereunder shall not otherwise allow any use or operation that is not in compliance with any federal laws or regulations (e.g. ADA regulations), Minnesota statutes and regulations, including State Building and Fire Codes, and the Minnesota and Stillwater liquor licensing regulations. 4. The City reserves the right to revoke and terminate permission of any drive -up or drive- through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas if it is in the interest of the public health, safety and welfare, as determined by the Police Chief or City Administrator. 5. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through October 31, 2021. Adopted by the City Council of the City of Stillwater, Minnesota this day of , 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Stillwater The 6irlhplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas (OSA) and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor sales area, that will need to be approved by the City Council. Applicant: Name: Position/Title: Email: Daytime Phone: Cell Phone: Business Name: Business Location Address: Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: n General retail n Food and/or beverage sales; no alcohol n Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: Days of Operation: Hours of Operation: Permit application submission - Please complete and submit the application form to stillwaterPci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 4 PART II - Requirements for Downtown properties Applicant initial City initial Requirements Temporary outdoor sales areas will only be located on private property or in "parklets". A parklet is defined for this temporary permit as an on -street parking space that is approved by the City for conversion to an outdoor sales area. Parklets are only allowed on City streets, not on roadways under State of Minnesota jurisdiction. Temporary outdoor sales areas will have no live entertainment or sound amplification system. No portion of outdoor sales areas will obstruct public or private sidewalks. Nor will it impede ADA accessibility to the subject business or to any surrounding properties. Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from the Washington County Health Department. No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of approved outdoor sales areas. Any approved temporary lighting shall only illuminate outdoor sales areas. Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. If proposed outdoor sales areas are within a parklet, then each of the following items will be satisfied: 1. The parklet will be located in one of the areas indicated as "allowed" in the attached map. 2. Overall length of outdoor sales areas will not exceed the street frontage length of the business it is associated with, but no more than two spaces. Furthermore, it will be located directly in front of business. 3. It will be located at least one parking space from an intersection street corner. 4. It will only be located along the curbline of streets where on -street parking is allowed. 5. It will not be located where existing handicap parking, or loading zones exist. 6. It will only be located where the street grade is less than five percent. 7. It will not be located in front of fire hydrants, or over any utility or manhole cover or catch basin. 8. It will have vertical elements that make them visible to traffic, such as flexible posts or bollards with reflective materials. 9. If the parklet is replacing a parallel parking stall, it will have a width of no more than six feet from curb face and a four -foot buffer on each end. If in a perpendicular parking stall, the parklet shall have a depth of no S:/Shared/Forms/Administration/O u td o o rsSa l es Page 2 of 4 more than 16 feet from the edge of curb and have two -foot buffer on each side. 10. If parklet is a structure, it will have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 11. If parklet is a structure, its floor load -bearing weight will be a minimum of 100 pounds per square foot. 12. The parklet will have a continuous edge along the travel lane and is between 30-36 inches tall measured from the street. 13. The design of a parklet will not inhibit drainage of stormwater runoff. 14. If parklet is a structure, its frame will not be permanently attached to the street. 15. If parklet is a structure, its frame will be ADA accessible. 16. If parklet is a structure, it will be constructed of high quality durable and non -reflective material, with a non -slip and weather resistant surface. 17. The parklet will be well maintained and in good repair under the conditions of approval of this permit. A maintenance plan will be developed for keeping the parklet free of debris, and grime. And, the owner will sweep the area surrounding the parklet and keep it litter -free and clear for storm runoff 18. Business owner will be responsible for all damages to public property (including street and curb) and will be responsible for restoring it to as good or better condition than prior to use as parklet. 19. No tent or tent like structure will be installed in parklet. PART III - If applicable: requirements for alcohol service Applicant initial City staff initial Requirements The City Council has approved the amended liquor license for the temporary outdoor sales area. Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier approved by the City Clerk. The applicant certifies that all federal, state and City alcohol regulations will apply to the temporary outdoor sales areas and compliance shall be met Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how ingress/egress will be provided Signage will be posted that prohibits the consumption of alcohol outside of outdoor sales areas. S:/Shared/Forms/Administration/OutdoorsSales Page 3 of 4 PART IV - Required documents Please attach the following documents to this application form: 1. Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. 2. If the outdoor sales area is to be a parklet, then the site plan should also include: a. Location of existing street fixtures (hydrants, lights, signs, storm drains, etc) b. North Arrow c. Parklet Dimensions d. Width of adjacent sidewalk e. Location of business associated with the parklet f. Width of business's storefront g. Distance from intersection. h. Construction materials, if any PART VI - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts II -III) regarding temporary outdoor sales areas. 3. I will remove outside sales area no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Administration/OutdoorsSales Page 4 of 4 i1Iwater -i,,, The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us EXAMPLES OF PARKLETS Originally a parklet was a public park placed in an on -street parking spot. The concept has evolved to include commercial uses as well. Over the next few pages are examples of parklets. Figure 1 Philadelphia parklet by ShilSpace Design Figure 2 Dallas Parking Day parklet by Alexandra Hay Figure 3 Charlotte SC S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 3 Figure 4 Charlotte SC Details of a Two -Space Parklet Figure 5 From Urban Street Design Guide by NACTO S:/Shared/Forms/Administration/OutdoorsSales Page 2 of 3 40' Figure 6 From Urban Street Design Guide by NACTO Figure 7 From Urban Street Design Guide by NACTO S:/Shared/Forms/Administration/OutdoorsSales Page 3 of 3 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES (WITH NO USE OF ON -STREET PARKING SPACES) PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas (OSA) and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor sales area, that will need to be approved by the City Council. Applicant: Name: Pat Wolf Position/Title: Owner Daytime Phone: (612) 751-9422 Business Name: 204 North Main Street LLC Email: patwolf@cres-inc.com Cell Phone: (612) 751-9422 Business Location Address: 204 Main Street North Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: 0 General retail 2 Food and/or beverage sales; no alcohol 2 Food and/or beverage sales; including alcohol Date you wish to begin outdoor sales: 5/1/21 Days of Operation: 7 days Hours of Operation: 7:00am for coffee dusk Permit application submission - Please complete and submit the application form to stillwaterPci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 3 r:\tv.,1,1 512-41' PART II - Requirements Applicant initial City initial Requirements P.1.r Temporary outdoor sales areas will only be located on private property. Temporary outdoor sales areas will have no live entertainment or sound amplification system. r No portion of outdoor sales areas will obstruct public or private sidewalks. p•yr Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from the Washington County Health Department. 0.1. No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of approved outdoor sales areas. p. Any approved temporary lighting shall only illuminate outdoor sales areas. Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. P„4$ The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. PART III - If applicable: requirements for alcohol service in OSA Applicant initial City staff Requirements The City Council has approved the amended liquor license for the temporary outdoor sales area. s..1 Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier approved by the Public Works Director. r The applicant certifies that all federal, state and City alcohol regulations will apply to the temporary outdoor sales areas and compliance shall be met Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to. temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how ingress/egress will be provided ;Witt Signage will be posted that prohibits the consumption of alcohol outside of outdoor sales areas. PART IV - Required documents Please attach the following document to this application form: Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. S:/Shared/Forms/Administration/OutdoorsSales Page 2 of 3 PART V - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my permit to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts II -III) regarding temporary outdoor sales areas. 3. I will remove the temporary outdoor sales areas no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. /oat Mar 26, 2021 Signature of Applicant: Date: City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Administration/OutdoorsSales Page 3 of 3 EXISTING UTILITY POLES 42'-10" 16'-1314• jill `o :' 0 [___ 41t\ - EXISTING (,TING --------,_____.__2s,,:_ SITE PLAN + r� PATIO AREA: 2,478 SF EXISTING PLANTING BED ��c�l rft�f EXISTING PLANTING BED CGATE EXISTING I PLANTING (;. IBED EXISTING TREE: APPROX 14' DIA Wioty -Cfnce t'- r 11 )o `5 i. I -witar-'1 rood ?"ri/6 Vevior i5 leaf 6� 1d i WROUGHT IRON FENCE 14a nn 5��z /✓,, .1 • �'Oi,s,,,,,,n(^. $12L // o J AA' ,(%) Pay UJdkf i lid We toolzJ p c7 auf 141U1 l/J e %dii/ % /At k eeat A Az_ -�'j• - 6444 aCe.M4.1 d/!d+4 .3 -4 pee .c /,A,-0014? n/;422 g, - ' - 1l16' =1'-U• 421-10" EXISTING UTILITY POLES \ No PATIO AREA: 2,478 SF EXISTING PLANTING BED \ ">\ COFFEE CART AREA ( ' ( t ) (1I i J I 1 E X I S T I N G ----7, I P LA NT IN G /1,1777 . 1BED iI GATE OP Ar 1 1 1EXISTING 0 EXISTING GATE 'PLANTING (7-1 IBED PLANTING I EXISTING TREE: APPROX 14* DIA wrouvult- lea) .- SITE PLAN WROUGHT IRON FENCE , ( frilte 1/16" = 42'-10" EXISTING --- UTILITY POLES ' SITE PLAN 1116'=1%0' r � PATIO AREA: 2,478 SF --,, EXISTING PLANTING BED -- COFFEE (1) CART AREA GATE (7.- ) ( --.,) g ,� / ) , - �J(! EXISTING PLANTING BED EXISTING /'� PLANTING GATE 1 MP: IGATE 1_ EXISTING I PLANTING JIBED EXISTING TREE: APPROX 14' DIAL, wrou(ilvF rffl 1" o 0 at a n-( /or )er4 Saks Co hlj (Ieooi o»/y .5t°r10e.: t I icenS6- hold'r; 'x.4t7//rI lirtbtx, aiil'k— /ain Sf WROUGHT IRON FENCE aiUYl6j. lea ,, RA, /STz,,A/ o Showil/S I //Jc- Pay UJE- too xj,C Q 4 4 a' ?� heed' A a }a . 1 at en d 3 -4 FQ..c. /5 71/ J4 x t o e4(4 - 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES WITH PARKLETS [USE OF ON -STREET PARKING SPACES] PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas (OSA) and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policythat authorizes administrative approval pproval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor sales area, that will need to be approved by the City Council. Applicant: Name: Sc.(' L � oJt iv Position/Title: CIJAzr Email: 04,(1'rLohi 1 ;�,� \ coon Daytime Phone: (Oct �k) —� I c� ��' Cell Phone: �js j )$u "�.'4 1 Business Name: 1 v - Ve'� �,,\ L LC Business Location Address: l a1 )0, ),,k G)r. . Type of business to be conducted in outdoor sales area: General retail (l Food and/or beverage sales; no alcohol Food and/or beverage sales; including alcohol sales Date you wish to begin outdoor sales: 1" ► `1 7 - �� Jo Days of Operation: ' c C-, _S Stillwater, MN 55082 Hours of Operation: ( v�oa.., �D . 30 e ., Permit application submission - Please complete and submit the application form to stillwater(ci.stillwater.mn.us S:/Shared/Forms/Administration/Outd oorsSales Page 1 of 4 Applicant initial City initial PART II - Requirements for Downtown properties Requirements 91 Q/1 Sr\ S,A Temporary outdoor sales areas will only be located on private property or in "parklets". A parklet is defined for this temporary permit as an on -street parking space that is approved by the City for conversion to an outdoor sales area. Parklets are only allowed on City streets, not on roadways under State of Minnesota jurisdiction. Temporary outdoor sales areas will have no live entertainment or sound amplification system. No portion of outdoor sales areas will obstruct public or private sidewalks. Nor will it impede ADA accessibility to the subject business or to any surrounding properties. Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from the Washington County Health Department. No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of apprcved outdoor sales areas. Any approved temporary lighting shall only illuminate outdoor sales areas. Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. If proposed outdoor sales areas are within a parklet, then ea:h of the following items will be satisfied: 1. The parklet will be located in one of the areas indicated as "allowed" in the attached map. 2. Overall length of outdoor sales areas will not exceed the street frontage length of the business it is associated with, but no more than two spaces. Furthermore, it will be located directly in front of busi_ess. 3. It will be located at least one parking space from an intersection street corner. 4. It will only be located along the curbline of streets where on -street parking is allowed. 5. It will not be located where existing handicap parking, or loading zones exist. 6. It will only be located where the street grade is less than five percent. 7. It will not be located in front of fire hydrants, or over any utility or manhole cover or catch basin. 8. It will have vertical elements that make them visible to traffic, such as flexible posts or bollards with reflective materials. 9. If the parklet is replacing a parallel parking stall, it will have a width of no more than six feet from curb face and a four -foot buffer on each end. If in a perpendicular parking stall, the parklet shall have a depth of no SJSh pred/Forms/Administration/OutdoorsSales Page 2 of 4 pplicant itial more than 16 feet from the edge of curb and have two -foot buffer on each side. 10. If parklet is a structure, it will have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 11. If parklet is a structure, its floor load -bearing weight will be a minimum of 100 pounds per square foot. 12. The parklet will have a continuous edge along the travel lane and is between 30-36 inches tall measured from the street. 13. The design of a parklet will not inhibit drainage of stormwater runoff. 14. If parklet is a structure, its frame will not be permanently attached to the street. 15. If parklet is a structure, its frame will be ADA accessible. 16. If parklet is a structure, it will be constructed of high quality durable and non -reflective material, with a non -slip and weather resistant surface. 17. The parklet will be well maintained and in good repair under the conditions of approval of this permit. A maintenance plan will be developed for keeping the parklet free of debris, and grime. And, the owner will sweep the area surrounding the parklet and keep it litter -free and clear for storm runoff 18. Business owner will be responsible for all damages to public property (including street and curb) and will be responsible for restoring it to as good or better condition than prior to use as parklet. 19. No tent or tent like structure will be installed in parklet. PART III - If applicable: requirements for alcohol service City staff initial Requirements The City Council has approved the amended liquor license for the temporary outdoor sales area. Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier a.•roved b the Cit Clerk. The applicant certifies that all federal, state and City alcohol regulations will a. •1 to the tem.orar outdoor sales areas and com.liance shall be met Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how intress e:ress will be .rovided outdoor sales areas. Signage will be posted that prohibits the consumption of alcohol out side of S/Sfar /Farms/Administration/OutdoorsSales Page 3 of 4 PART IV - Required documents Please attach the following documents to this application form: 1. Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. 2. If the outdoor sales area is to be a parklet, then the site plan should also include: a. Location of existing street fixtures (hydrants, lights, signs, storm drains, etc) b. North Arrow c. Parklet Dimensions d. Width of adjacent sidewalk e. Location of business associated with the parklet f. Width of business's storefront g. Distance from intersection. h. Construction materials, if any PART VI - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts II -III) regarding temporary outdoor sales areas. 3. I will remove outside sales area no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: I� City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Administration/OutdoorsSales Page 4 of 4 5/26/2020 123 2nd St N - Google Maps 123 2nd St N Lowell Park J 3' eddy - Bear Perk - 0 cJ \iieNkft\t' Image capture: May 2019 © 2020 Google Stillwater, Minnesota Google Street View <1> ti\r,„.5( 'r'0 6-A," https://www.google.com/maps/place/ 123+2nd+St+N.+Stillwater.+MN+55082/@45.0567714,-92.8076959 3a,90y,72.32h.89. 19t/data=!3m6! 1 e I !3m4! I syHV v I Ct6xc... 1/ I Stillwater The 6irlhplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 APPLICATION FOR PERMIT TO TEMPORARILY CONDUCT OUTDOOR BUSINESS SALES DOWNTOWN BUSINESSES (WITH NO USE OF ON -STREET PARKING SPACES) PART I - General Information City Code requires a Special Use Permit or Amended Special Use Permit for outdoor sales areas (OSA) and expansions of outdoor sales areas. The approval process typically requires a 60-day public review. In response to the business disruption precipitated by COVID-19, the Stillwater City Council has approved an interim policy that authorizes administrative approval of temporary permits for outdoor sales areas and expansions of existing outdoor sales areas. If alcohol service is proposed in the outdoor sales area, that will need to be approved by the City Council. Applicant: Name: Bil MacLeslie Position/Title: Managing Director Email: bil@stillwaterzephyrtheatre.org Daytime Phone:651-342-1542 Cell Phone: 612-618-1218 Business Name: Only a Dim Image Productions, DBA The Zephyr Theatre Business Location Address:601 Main Street North Stillwater, MN 55082 Type of business to be conducted in outdoor sales area: n General retail n Food and/or beverage sales; no alcohol n Food and/or beverage sales; including alcohol Date you wish to begin outdoor sales: Ap ri 18, 2021 Days of Operation: Tuesdays - Sundays Hours of Operation: 12:00pm - 10:OOpm Permit application submission - Please complete and submit the application form to stillwater@ci.stillwater.mn.us S:/Shared/Forms/Administration/OutdoorsSales Page 1 of 3 PART II - Requirements Applicant initial City initial Requirements BKM Temporary outdoor sales areas will only be located on private property. Temporary outdoor sales areas will have no live entertainment or sound amplification system. BKM No portion of outdoor sales areas will obstruct public or private sidewalks. BKM Outdoor sales area will be kept in a clean and orderly manner. If outdoor sales include food or beverages, then outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from the Washington County Health Department. BKM No food or beverages will be served outside of approved outdoor sales areas, nor will merchandise be displayed nor sold outside of approved outdoor sales areas. BKM Any approved temporary lighting shall only illuminate outdoor sales areas. BKM Outdoor sales area will conform to all fire and building codes related to the number and types of exits that are required. BKM The business owner understands that all temporary outdoor sales areas must be removed and no longer operate after October 31, 2021. PART III - If applicable: requirements for alcohol service in OSA Applicant initial City staff initial Requirements BKM The City Council has approved the amended liquor license for the temporary outdoor sales area. BKM Temporary outdoor sales areas will be completely enclosed by a fence or similar barrier approved by the Public Works Director. BKM The applicant certifies that all federal, state and City alcohol regulations will apply to the temporary outdoor sales areas and compliance shall be met BKM Alcohol license holders must submit: 1) A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales areas 2) A site plan indicating where the fencing for temporary outdoor sales areas will be located and how ingress/egress will be provided BKM Signage will be posted that prohibits the consumption of alcohol outside of outdoor sales areas. PART IV - Required documents Please attach the following document to this application form: Site plan/floor plan showing dimensions and indicating number of persons intended to occupy the outdoor sales area. If the outdoor sales area is intended for service of food and/or alcoholic beverages, then the site plan must be scaled and show the exact number of chairs and tables as well as details about the required liquor license fencing or appropriate barriers. S:/Shared/Forms/Administration/O u td o o rsSa l es Page 2 of 3 PART V - Signatures Applicant signature: By signing below, I hereby certify the following: 1. I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my permit to install temporary outdoor sales areas. 2. I have read and will abide by the City standards (outlined in Parts II -III) regarding temporary outdoor sales areas. 3. I will remove the temporary outdoor sales areas no later than October 31, 2021. 4. I understand the City may inspect the outdoor sales areas any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor sales areas to be closed if there it is detrimental to the health, safety and welfare of the general public. 5. (For alcohol license holders) I understand that prior to serving any alcoholic beverages in the outdoor sales areas I must receive approval of an amended liquor license from the City Council and State of Minnesota. Any violations of Federal, State or City regulations in the temporary outdoors sales area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be in -effect for the temporary outdoor sales area. Signature of Applicant: Date: 3/18/202 1 City signature: When signed below by an authorized City official, this form becomes the permit to operate outdoor sales areas according to the details identified above. Signature of City Official: Date: Title of City Official: S:/Shared/Forms/Administration/OutdoorsSales Page 3 of 3 e0 0 e0 SEATING FOR 250 BARRICADES ��o_ivrir%r. AlMirr 01167 0114-A CMIW m H ENTER FROM SOUTN N14. fel\ -ammo 'or I,,� 6-O® 0 ENTER �• TTT �� 4 4 BAR ONE WALKWA n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n u u u u u u u u u u u u u u u u u u u u u UUUUUUUUU u u u u u u u u u u UUUUU EXIT ENTER FROM SOUTH BARRICADES SEATING FOR 50 6647 SQ. FT. o6•- 1'C m H 10 ONE WA\ WALKWAY Ob ❑ II II OO BAR p 0 n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY OUTDOOR LICENSE PREMISES WHEREAS, a request from the following businesses have been received to add temporary outside seating adjacent to their building as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted as a result of the COVID-19 pandemic as executed by Governor Walz; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and WHEREAS, adding the additional space to their licensed premises would allow the businesses to expand their establishment and provide safe distancing while dining during the COVID-19 pandemic and its the social distancing requirements. BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Businesses must adhere to all Executive Orders issued by the Governor during this pandemic. 3. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through October 31, 2021. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address Brian's Two Brians, LLC 219 Main St S Brick and Bourbon Brick and Bourbon Stillwater, LLC 215 Main St S La Carreta La Carreta 1754 Market Dr Lolito MAV Hospitality, LLC 112 Main St N Maple Island Brewery Maple Island Brewing, LLC 225 Main St N Meisters Bar and Grill Meisters Bar & Grill of Stillwater, Inc. 901 4th St S Norman Quacks Otherguys, LLC 1400 Frontage Rd W Oasis Cafe, Inc. Oasis Cafe, Inc. 806 Main St S The Lumberjack The Lumberjack Company 123 2pd St N, Ste 102 The Velveteen The Velveteen LLC 123 2pd St N The Zephyr Theatre Only A Dim Image Productions 601 Main St N Adopted by the Stillwater City Council this 6th day of April 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM To: Mayor and City Council From: Shawn Sanders, irector of Public Works Date: March 30, 2021 Subject: Maintenance Agreement with City of Lake Elmo DISCUSSION As part of the TH 36/Manning Avenue Interchange Project, a retaining wall is being constructed on the west side of Manning Avenue North, south of the intersection of the future 58th Street. The wall is located in the City of Lake Elmo (Lake Elmo), but used to support road located in the City of Stillwater. Lake Elmo has asked that Stillwater be responsible for future maintenance of the wall and in return Lake Elmo will be responsible for winter maintenance of Manning Avenue North. The Washington County and Lake Elmo will be responsible for all construction costs of the retaining wall. RECOMMENDATION Staff has reviewed the attached Maintenance Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving Maintenance Agreement with the City of Lake Elmo. MAINTENANCE AGREEMENT This Maintenance Agreement (this "Agreement') is made and executed this day of , 2021, by and between the City of Lake Elmo, a Minnesota municipal corporation, 3880 Laverne Avenue North, Suite 100, Lake Elmo, MN 55042 ("Lake Elmo") and the City of Stillwater, a Minnesota municipal corporation, 216 4th Street N., Stillwater, MN 55082 ("Stillwater"). Lake Elmo and Stillwater shall be collectively referred to herein as "the Parties." RECITALS WHEREAS, Washington County, Lake Elmo, and Stillwater are constructing a roadway interchange at the intersection of Trunk Highway 36 and Manning Avenue (the "Project"); and WHEREAS, a retaining wall is being constructed along the west side of Manning Avenue North as part of the Project; and WHEREAS, the retaining wall is being constructed on a portion of Manning Avenue North within the city limits of Lake Elmo, outside of the Stillwater right-of-way; and WHEREAS, Stillwater has agreed to undertake the necessary maintenance responsibilities of this portion of retaining wall depicted in Exhibit A as retaining wall #3 ("Retaining Wall") to perpetuate the wall in a safe, usable, and aesthetically acceptable condition; and WHEREAS, Lake Elmo grants Stillwater access to the Retaining Wall in order to perform the maintenance obligations under this Agreement; and WHEREAS, in exchange for Stillwater maintaining, repairing, and replacing the Retaining Wall, Lake Elmo has agreed to snow removal from a portion of Manning Avenue North that is within the Stillwater city limits; and NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties do hereby agree as follows: AGREEMENT 1. Term. The term of this Agreement shall commence on the effective date of the latest signature hereto and annually renew under the same terms and conditions, unless terminated as provided herein. The term of this Agreement shall automatically renew for subsequent annual terms, unless either party provides written notice of termination to the other party in which case the Agreement shall end at the then current term. Notwithstanding the foregoing, this Agreement may be terminated as provided in Section 13 below. 2. Stillwater's Responsibilities. Stillwater shall provide all required maintenance and repairs of Retaining Wall as circled in red on the map of the Project attached as Exhibit A. Stillwater shall maintain and repair the Retaining Wall as though it was located within the City of Stillwater and must provide the same level of regular maintenance that it provides on its retaining walls of similar condition. Maintenance and repair includes, but is not limited to, painting graffiti removal, panel replacement, and other maintenance activity necessary to perpetuate the aesthetic elements in a safe, usable, and aesthetically acceptable condition. Lake Elmo shall not be responsible for paying any costs related to the 1 maintenance performed by Stillwater as part of this Agreement, including any repairs. Should the Retaining Wall need to be replaced, Stillwater shall be responsible for the cost of its replacement. 3. Lake Elmo's Responsibilities. In consideration for Stillwater being responsible for the maintenance, repairs, and replacement of the Retaining Wall, Lake Elmo shall plow and remove snow from the portion of Manning Avenue North that is shown in green on the attached Exhibit A. Lake Elmo shall also perform any necessary sanding or salting on this portion of Maiming Avenue North. Lake Elmo's snow removal activities must be performed with respect to this portion of Manning Avenue North at the same level as Lake Elmo performs them for its roads of similar condition and similar level of use. Stillwater shall not be responsible for paying any costs related to the snow removal performed by Lake Elmo as part of this Agreement. 4. Indemnification — Lake Elmo. Lake Elmo agrees that it will indemnify, defend, and hold harmless Stillwater against any and all liability, loss, damages, costs, and expenses which Lake Elmo may hereafter sustain, incur, or be required to pay by reason of any negligent act by Lake Elmo, its officials, employees, contractors, or agents during the performance of its duties under this Agreement. 5. Indemnification — Stillwater. Stillwater agrees that it will indemnify, defend, and hold harmless Lake Elmo against any and all liability, loss, damages, costs, and expenses which Stillwater may hereafter sustain, incur, or be required to pay by reason of any negligent act by Stillwater, its officials, employees, contractors, or agents during the performance of its duties under this Agreement. 6. Cooperative Activity. To the fullest extent permitted by law, actions by the Parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes Section 471.59, subdivision la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Minnesota Statutes Section 471.59, subdivision la. 7. Limitation of Liability. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466, and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statutes Section 471.59, subdivision la and that the total liability for the Parties shall not exceed the limits on governmental liability for a single unit of government as specified in Minnesota Statutes Section 466.04, subdivision 1(a). 8. Worker's Compensation — Lake Elmo. It is hereby understood and agreed that any and all employees of Lake Elmo and all other persons employed by Lake Elmo in the performance of services provided under this Agreement shall not be considered employees of Stillwater and that any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission 2 on the part of said Lake Elmo employees while so engaged on any of the services to be rendered herein shall in no way be the obligation or responsibility of Stillwater. 9. Workers' Compensation — Stillwater. It is hereby understood and agreed that any and all employees of Stillwater and all other persons employed by Stillwater in the performance of services provided under this Agreement shall not be considered employees of Lake Elmo and that any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Stillwater employees while so engaged on any of the services to be rendered herein shall in no way be the obligation or responsibility of Stillwater. 10. Assessment of Costs. No party shall assess or otherwise recover any portion of its costs associated with the services being performed by it pursuant to this Agreement through special assessment of the other party' s property. 11. Data Practices. All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the "Act") or any other applicable state statutes or state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. 12. Entire Agreement. It is understood and agreed that the entire agreement of the Parties is contained herein, and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the Parties concerning the Retaining Wall or the removal of snow from the portion of Manning Avenue North described in this Agreement. Any alterations, amendments, deletions, and waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by each party. 13. Termination. Either party may terminate this Agreement for any reason by giving the other party 60 days written notice delivered to the other party to the addresses listed in Section 16 of this Agreement. 14. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same Agreement. 16. Notice. Notices shall be communicated to the following addresses: If to Stillwater: City of Stillwater 216 4th Street N. Stillwater, MN 55082 Attention: Tom McCarty If to Lake Elmo City of Lake Elmo 3880 Laverne Avenue North, Suite 100 3 Lake Elmo, MN 55042 Attention: Kristina Handt 17. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 18. Waiver. A waiver by either Lake Elmo or Stillwater 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. 19. Assignment. This Agreement is not assignable without the mutual written agreement of the Parties. 20. Force Majeure. The Parties shall each be excused from performance under this Agreement while and to the extent that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, war, total or partial failure of transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, pandemic, and any act of government or military authority. In the event either party is rendered unable wholly or in part by force majeure to carry out its obligations under this Agreement then the party affected by force majeure shall give written notice with explanation to the other party immediately. [The Remainder of this Page is Intentionally Left Blank] 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date above written. CITY OF LAKE ELMO By: Charles Cadenhead Its: Mayor By: Julie Johnson Its: City Clerk CITY OF STILLWATER By: Ted Kozlowski Its: Mayor By: Beth Wolf Its: City Clerk 5 LEGEND UNDO' OWNED HCGII' OF NAT CITY OF STILLIA'ER OWNED RIGHT OF BAY cI%Y OF LAKE ELMO OWNED RICH' OF WAY WASHINGTON cOt:Nry OWNED RIGHT OF BAY ITr OF OR F SB MANNING AVE EXHIBIT A Map of the Project 'L NB MANNING AVE • EA LINDEN AVE N 6 IT OF STLLLAATE ROB ASSIAPTLONSN BA 1. THE RCADBAYC NL1NKKCCE°TIOM O ONN LIY11S IROLNOING LINT TO TIE TOE OF SLOPE AAA BACK OF DITCH. i. 10 FEET FROM 1HE FAQ OF RETAINING FAILS FOR MAI 6wY RLp;IREMERTS. ALL GALL (EIGHTS ERE NEASLMEC FROT 'WE MAX STEN WIWF BASES` ON IAE ERISI' OR FJEME GROJNOLINE. LA515-1-710921.v1 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: March 30, 2021 Subject: TH 36/Manning Interchange Project Cooperative Agreement DISCUSSION: Minnesota Department of Transportation (MNDOT) is requiring a Cooperative Construction Agreement with the City for two maintenance items on the TH 36/Manning Avenue Interchange Project once the project is complete: minor signal maintenance of the two traffic signals including the cost of electricity and luminaire replacement on the signals and maintenance responsibility of the retaining wall on the west side of Manning Avenue south of the intersection of 58th Street. RECOMMENDATION Staff has reviewed the Cooperative Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a resolution No. RESOLUTION ENTERING INTO AGREEMENT NO. 1036984 WITH MINNESOTA DEPARTMENT OF TRANSPORTATION City of Stillwater Washington County, Minnesota RESOLUTION 2021- ACCEPTING AGREEMENT NO. 1036984 WITH MNDOT AT INTERSECTION OF HWY 36 AND MANNING AVE. (PROJECT 2020-07) WHEREAS, the City of Stillwater enter into MnDOT Agreement No. 1036984 with the State of Minnesota Department of Transportation for the following purposes; To provide for signal and retaining wall maintenance by the City at the intersection of Trunk Highway No. 36 and Manning Avenue, the limits of which are defined in said Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota is authorized to execute the Agreement NO. 1036984 and any amendments to the Agreement. Adopted by the Council this 6th day of April 2021. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk MnDOT Contract No.: 1036984 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And WASHINGTON COUNTY And CITY OF STILLWATER COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 8204-74 Trunk Highway Number (T.H.): 36=118 State Project Number (S.P.): 082-615-034 State -Aid Number (S.P.): 169-020-011 Federal Project Number: STPF 8221(004) City Project Number (C.P.): 2017.153 Bridge Number: 82052 Signal System "A" I.D.: 4036589 Signal System "B" I.D.: 4036588 Original Amounts Encumbered: TED Funds $10,000,000.00 State Federal Aid Funds $4,000,000.00 State Federal Aid Match $1,000,000.00 Amount Receivable from County: $134,507.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), the City of Stillwater acting through its City Council ("City"), and Washington County acting through its Board of Commissioners ("County"). Recitals 1. The County will perform grading, bituminous paving, TMS, signals, lighting retaining walls, ADA improvements, Bridge No. 82052 construction and other associated construction upon, along, and adjacent to T.H. 36 from 2,344 feet east of County State Aid Highway (C.S.A.H.) No. 15 to 2,627 feet west of C.S.A.H. 15 and on C.S.A.H. 15 from 1,100 feet south of T.H. 36 to 400 feet south of 62nd Street North according to County -prepared plans, specifications, and special provisions designated by the County and the State as S.P. 082-615-034 and S.P. 169-020-022, and by the State as S.P. 8204-74 (T.H. 36=118) ("Project"); and 2. The County requests the State participate in the costs of the Bridge No. 82052 construction and the State is willing to participate in the costs of said construction as set forth in this Agreement; and 3. The County and the State have mutually agreed that the State will not participate in the cost for construction engineering services provided on the Trunk Highway eligible elements of the Project; and 4. Since a portion of the Project is on the National Highway System Right Of Way, the State will perform oversight engineering of that portion of the Project in connection with the construction as required by the Stewardship Plan between the FHWA and the State, dated May 2015, to ensure that the Federal Highway program is delivered consistent with applicable laws, regulations, and policies and any construction activity undertaken on or affecting the Trunk Highway system is designed and constructed in accordance with the laws and rules of the State of Minnesota and policies of the Department of Transportation; and 5. MnDOT Contract Number No. 1030082 which has been executed between the County and the State, appoints the State as the County's agent to receive and disburse transportation related federal funds, and -1- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 sets forth duties and responsibilities for letting, payment, and other procedures for a federally funded contract let by the County; and 6. The County has applied for funding through Minnesota Statutes §174.12 Transportation Economic Development ("TED") Program allowing State Trunk Highway funds to be used for up to 70 percent of the total project costs, based on MnDOT's Cost Participation Policy. The TED funds are capped at $10,000,000.00 and cannot exceed 70 percent of the total project costs or the eligible trunk highway total project costs, whichever is less; and 7. The Federal -aid funds available to the State for the construction contract are capped upon the award of the construction contract and will be paid to the County through the State Aid Finance Office under the Delegated Contract Process on a reimbursable basis after expenses have been incurred; and 8. The County has received Federal -aid funds and will make those available to the State for the State portion of the contract. The Federal -aid funds will be paid to the County through the State Aid Finance Office under the Delegated Contract Process on a reimbursable basis after expenses have been incurred; and 9. The State Federal -aid funds will be paid to the County, up to a capped amount, under the Delegated Contract Process on a reimbursable basis after expenses have been incurred, as set forth in this Agreement; and 10. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205; and 11. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 6. Maintenance by the County; 13. Liability; Worker Compensation Claims; Insurance; 16. State Audits; 17. Government Data Practices; 19. Governing Law; Jurisdiction; Venue; and 21. Force Majeure. The terms and conditions set forth in Article 7. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. State -approved County plans, specifications, and special provisions designated by the County and the State as S.P. 082-615-034 and S.P. 169-020-011, and by the State as S.P. 8204-74 (T.H. 36=118) are on file in the office of the County's Engineer and incorporated into this Agreement by reference ("Project Plans"). 1.5. Duties of the County. The County will perform all of its duties and obligations in MnDOT Contract No. 1030082, which is incorporated herein by reference, in the solicitation, letting, award, and administration of the construction of the Project. -2- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 1.6. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. Exhibits "A"- Drainage Maintenance, "B"- Retaining Wall Maintenance, and "C" — Signage Maintenance are attached and incorporated into this Agreement. 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the County (and its contractors and consultants) the right to occupy Trunk Highway Right -of -Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the County (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right -of -Way (including the construction being performed on such right-of-way) at any time and without notice to the County or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the County (and its contractor) to take such remedial measures as the State deems necessary. The State may require the County (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the County (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the County (and its contractors and consultants) are occupying the State's Right -of -Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All County, contractor, and consultant personnel occupying the State's Right -of -Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right -of -Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the County's contractor with respect to such improvements (if any) will flow to the State. The County will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the County's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the County will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the County's consultants and contractors. 2.5. Utility Relocation. The State authorizes the County to issue Notices and Orders for utility relocation in accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600. 3. Contract Award and Construction 3.1. Bids and Award. The County will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. -3- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 3.2. Bid Documents Furnished by the County. The County will, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all bids together with the County's request for concurrence by the State in the award of the construction contract. The County will not award the construction contract until the State advises the County in writing of its concurrence. 3.3. Rejection of Bids. The County may reject and the State may require the County to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the County will repeat the bidding process in a reasonable period of time, without cost or expense to the State. 3.4. Contract Terms. The County's contract with its construction contractor(s) must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third -party beneficiary of the contract with respect to the portion of work performed on the State's Right -of -Way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk highway, will flow to, and be enforceable by, the State as the owner of such improvements. 3.5. Direction, Supervision, and Inspection of Construction. A. The contract construction will be under the direction of the County and under the direct supervision of a registered professional engineer. The supervision provided by the County may only be assigned, sublet, or transferred after the County is notified in writing by the State that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the County from its primary responsibility for satisfactory performance of the contract construction. The County will provide a County -employed registered professional engineer to oversee the contract construction, if the same consultant that designed the project employs the engineer supervising the contract construction directly. B. The State will be the primary overseer of the contract construction and a State District Engineer authorized representative will perform regular periodic inspections during construction. The County will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. C. The County will notify the Independent Assurance Inspector when the contract construction is in progress that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. Responsibility for the control of materials for the contract construction will be on the County and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". D. Performance of Oversight Engineering. i. The State will perform oversight engineering on that portion of the Project involving the construction of T.H. 36 and Bridge No. 82052 over the State's Trunk Highway Right -Of -Way as -4- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 required by the FHWA Stewardship Agreement pertaining to work by local agencies on the National Highway System. ii. Oversight engineering will consist of the following items which impact the National Highway System: (a) Review, approve and provide concurrence of all change orders that pertain to the work on the Interstate Right -of -Way; (b) Review of documented inspection and materials testing; (c) Periodic construction inspections; (d) Review traffic control; (e) Periodically attend weekly meetings; (f) Review contractor's schedules; (g) Review/approval of any closures of lanes on the Interstate; and (h) Any other oversight engineering duties required by the Federal Highway Administration, and/or the State 3.6. Contaminated Soils and Groundwater within the State's Cost Participation Limits. A. 24 Hour Notification. The County will notify the State District Engineer's authorized representative a minimum of 24 hours prior to the contractor beginning the excavation and removal of any contaminated soils that have been identified within the Project limits. B. Immediate Notification. The County will notify the State District Engineer's authorized representative immediately upon the contractor encountering contaminated soils and/or groundwater in areas that are within the Project limits. The County will confer with the State as to the handling, disposal, and any other issues related to contaminated materials found on State Right -of -Way or import of materials onto State Right -of -Way. C. Environmental Consultant. The County will provide for an Environmental Consultant to be on site to observe and document the excavation, handling and disposal of contaminated soils that have been identified within the Project limits. If the contractor encounters contaminated materials in areas not previously identified and upon notification by the County to the State, the County hired Environmental Consultant will be provided to collect and analyze soil and/or groundwater samples to determine contaminant levels, work with the landfill for disposal of the soil waste, and provide oversight of any soil and groundwater handling and disposal. The County will not allow the contractor to excavate any contaminated soil unless the Environmental Consultant is present. 3.7. Completion of Construction. The County will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate County official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.8. Plan Changes. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work orders entered into by the County and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. -5- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 3.9. State Furnished Engineering Services. Upon written request from the County, the State may furnish specific engineering or technical services, pursuant to Minnesota Statutes § 161.39. Such services may be covered by other technical services agreements. The County will pay the State to reimburse the Trunk Highway Fund for the full cost and expense of furnishing such services, upon the State's requests for reimbursement. The costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Providing such services will not make the State a principal or co -principal with respect to liability regarding the contract construction. 3.10. Compliance with Laws, Ordinances, and Regulations. A. The County will comply and cause its contractor to comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right -of -Way, the County will not require the contractor to follow local ordinances or to obtain local permits. B. County treatment of all public, private, or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way will conform to 23 CFR 645 "Utilities" which is incorporated into this Agreement by reference. 3.11. Construction Documents Furnished by the County. The County will keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the County contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled County warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate County official that final construction contract payment has been made. C. Copies of all construction contract change orders, supplemental agreements, and work orders. D. A certification form, provided by the State, signed by the County's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the County to its contractor for all contract construction. E. Copies, certified by the County's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "As Built" plan sent to the State Aid Agreements Engineer. 4. Right -of -Way; Easements; Permits 4.1. The County will obtain all rights -of -way, easements, construction permits, and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the County will furnish the State with certified copies of the documents for rights -of -way and easements, construction permits, and other permits and sanctions required for State participation construction covered under this Agreement. -6- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 4.2. The County will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The County will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 4.4. Limited Use Permit (L.U.P.). The County will obtain, through the District's Right -of -Way Area Manager, a Limited Use Permit, currently L.U.P. 8204-0073, to cover the County's liability responsibilities of the multi- use trail to be constructed upon the State's Right -of -Way. Upon expiration of L.U.P. 8204-0073, the County will obtain another L.U.P. to cover the County's liability responsibilities of the multi -use trail. 5. Maintenance by the City Upon completion of the Project, the City will provide the following without cost or expense to the State: 5.1. Retaining Walls. Maintenance of retaining wall construction according to Exhibit "B". Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, usable, and aesthetically acceptable condition. A. Aesthetics. Maintenance and repair of aesthetic elements on retaining walls: architectural surface finish, architectural concrete texture limestone, ornamental metal railing, and any elements later added to the retaining wall as a plan change by Section 3.8. Maintenance and repair includes, but is not limited to, painting graffiti removal, panel replacement, and any other maintenance activity necessary to perpetuate the aesthetic elements in a safe, usable, and aesthetically acceptable condition. 5.2. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 6. Maintenance by the County Upon completion of the Project, the County will provide the following without cost or expense to the State: 6.1. Roadways. Maintenance of C.S.A.H. 15. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing, seal coating, and any other maintenance activities according to accepted County maintenance practices. 6.2. Storm Sewers. Routine maintenance of storm sewer facilities construction, according to Exhibit "A". Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. 6.3. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalk markings on the Trunk Highway at ramps which intersect with County roads. -7- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 6.4. Signing. Exhibit "C" shows the following signs that will be maintained by the County according to County maintenance practices. 6.5. Multi -Use Trail. Maintenance of any multi -use trail construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the multi -use trail in a safe and usable condition. The Limited Use Permit, currently L.U.P. 8204-0073, will address maintenance and liability responsibilities. 6.6. Retaining Walls. Maintenance of retaining wall construction according to Exhibit "B". Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, usable, and aesthetically acceptable condition. A. Aesthetics. Maintenance and repair of aesthetic elements on retaining walls: architectural surface finish, architectural concrete texture limestone, ornamental metal railing, and any elements later added to the retaining wall as a plan change by Section 3.8. Maintenance and repair includes, but is not limited to, painting graffiti removal, panel replacement, and any other maintenance activity necessary to perpetuate the aesthetic elements in a safe, usable, and aesthetically acceptable condition. 6.7. Bridge No. 82052 (C.S.A.H. 15 over T.H. 36). The State will share ownership responsibilities with the County. The State will be listed as the owner in the NBIS (National Bridge Inspection Standards) database. The State will perform or contract bridge inspections and major bridge maintenance and will invoice the County for 50% of the cost of these activities, including administrative costs. The County will be responsible for all C.S.A.H. 15 and minor maintenance (except those items identified below, which are the State's responsibility). A. County Responsibilities. The County will be responsible for minor maintenance, which includes all non- structural maintenance activities on the bridge. The County will keep the roadway and bridge reasonably clear from ice, snow, litter, and debris and undertake proper and timely cleaning and ice and snow control measures when necessary; and keep the pedestrian walkways/multi-use trail free and clear from ice, snow, litter and debris, in accordance with ADA standards. Ice, snow, litter, and debris removal will cover the entire bridge width without pushing ice or snow onto any roadway, railroad, multi -use trail or walkway below the bridge. The County will be responsible for pavement markings, guardrail on the local roadway, graffiti removal that is visible from the local roadway, and non -structurally supported signing. The County will be responsible for oversize, overweight and special use permits. Future replacement of the bridge will be in accordance with the Cost Participation Policy. B. State Responsibilities. The State will perform or contract structural inspections and major maintenance of the bridge and invoice the County for the cost of those activities at the cost sharing percentage defined above. Major maintenance includes all structural related maintenance, including expansion joint flushing, deck crack sealing, painting, overlays, re -decking and rehabilitation of the bridge, concrete bridge approach panels, and structurally -supported signing on the bridge. The State is responsible for maintenance of all guardrails on T.H. 36 below the Bridge. Maintenance of any roadway signing that is attached to the bridge, for the purpose of the roadway traffic on T.H. 36. Maintenance of all non -ornamental fencing on the Trunk Highway Right -Of -Way. Maintenance of graffiti removal within the control of access below the Bridge. The State will determine the safe load rating for the bridge. The State will provide emergency response for traffic hits and restitution from insurance companies or private parties who have damaged the bridge. -8- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 The State retains its authority to administer, issue, and regulate access permits, sign advertising permits, drainage permits, flag installation, and permits to install utilities on Trunk Highway Right -Of - Way. C. Aesthetics. Maintenance and repair of aesthetic elements on Bridge No. 82052: architectural surface finish thin brick, architectural concrete texture limestone, ornamental metal railing, and any elements later added to the bridge as a plan change by Section 3.8. Maintenance and repair includes, but is not limited to, painting graffiti removal, panel replacement, and any other maintenance activity necessary to perpetuate the aesthetic elements in a safe, usable, and aesthetically acceptable condition. 6.8. Pond Responsibilities. The County will share in the cost of future major maintenance at a rate based on the ratio of contributing water volume entering into the ponds at the time that the major maintenance is required. The County's contributing water volume entering into the ponds at the time the ponds were designed is 62 percent for Manning Avenue SW Loop, NW Ramp, NE Loop, SW Dry, and NE Dry ponds, as show in Exhibit "A". Major maintenance includes, but is not limited to, removal of sediment, repair of major erosion problems, major structure and entrance pipe repair and any other major maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. The State and the County may enter into a separate agreement to define additional responsibilities for maintenance of the ponds. Exhibit "A" will address further maintenance responsibilities. The County will share in all responsibilities, obligations and liabilities arising out of or by reason of the drainage collecting into and being discharged from the ponds. The County will share such responsibilities, obligations and liabilities at a rate based on the ratios of contributing water volume entering into the ponds as referenced in the previous paragraph, however, contributing water volume ratios may change based on development and alteration of land use in the vicinity. 6.9. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 7. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on T.H. 36 at C.S.A.H. 15 (Manning Avenue) south Ramps (Signal System "A"), and on T.H. 36 at C.S.A.H. 15 (Manning Avenue) north ramps (Signal System "B"), and for the Interconnect on T.H. 36 from C.S.A.H. 15 north ramps to C.S.A.H. 15 south ramps. 7.1. County and City Responsibilities for Signal System "A". A. Power. The County will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. The County will annually invoice the City for 1/3 of the electrical expenses to operate the Signal System, EVP System, and Interconnect. B. County Minor Signal System Maintenance. The County will provide for the following, without cost to the State. i. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. -9- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 ii. Clean the Signal System controller cabinet and service cabinet exteriors. iii. Paint and maintain the C.S.A.H. 15 (east leg of the intersection) pedestrian crosswalk markings. C. City Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Clean the Signal System and luminaire mast arm extensions. 7.2. County and City Responsibilities for Signal System "B". A. Power. The County will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. B. County Minor Signal System Maintenance. The County will provide for the following, without cost to the State. i. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. ii. Clean the Signal System controller cabinet and service cabinet exteriors. iii. Clean the Signal System and luminaire mast arm extensions. iv. Paint and maintain the C.S.A.H. 15 (north and south legs of the intersection) pedestrian crosswalk markings. C. City Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. 7.3. State Responsibilities for Signal Systems "A" and "8". A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the County and City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. As owner, perform Gopher State One Call Locating and be responsible for scheduling future Signal and EVP System replacement and relocation. C. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when -10- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 responding to an emergency. The County and City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the County and City receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 7.4. Right -of -Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 7.5. Related Agreements. This Agreement will supersede and terminate Agreement No. 73026, dated June 14, 1995, between the State and Washington County, for the intersection of T.H. 36 at C.S.A.H. 15 (Manning Avenue). 8. Basis of Cost 8.1. Available Funding. TED Program funds allow State Trunk Highway funds to be used for up to 70 percent of the total project costs based on MnDOT's Cost Participation Policy. Additional Federal and State match funds have been awarded to this project to pay for eligible Trunk Highway construction. The combination of TED and Federal and State match funds cannot exceed 70 percent of the total project costs or the eligible trunk highway total project costs, whichever is less. The TED funds are capped at $10,000,000.00, and the Federal and State match funds are capped at $5,000,000.00 8.2. Schedule "1". The Preliminary Schedule "I" includes all anticipated State participation construction items cost share covered under this Agreement. 8.3. State Furnished Materials. The State will furnish 2 Type "R" Cabinets, 3 Video Detection Cameras, and 3 PTZ Cameras ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal systems covered under this Agreement. The County's cost for State Furnished Materials is $134,507.00. After execution and award of the construction contract, the State shall invoice the County for the State Furnished Materials. 8.4. Aesthetic Participation. The State will participate in the bridge aesthetics up to $250,00.00. Retaining wall aesthetic participation will be up to $1,200,000.00. Costs above these amounts will be paid by the County. 9. State Cost and Payment by the State 9.1. State Cost. $15,000,000.00 is the State's cost for Trunk Highway No. 36, Bridge No. 82052, and other related construction as defined in the construction plan and the attached Schedule "I" and is reflective of the Participation Distribution prepared by the Office of State Aid for Local Transportation. A. State Federal -Aid Funds and State Match to the Federal -Aid Funds. $4,000,000.00 is the Federal -aid funded portion and $1,000,000.00 is the State Match to the Federal -aid funds of the State construction cost share and will be paid to the County through the State Aid Finance Office under the Delegated Contract Process (State Aid Manual, Chapter 5.3). B. County Federal -Aid Funds and State TED Match to the Federal -Aid Funds. $6,998,000.00 is the Federal -aid funded portion and $1,749,500.00 is the State TED Match to the Federal -aid funds of the State construction cost share. The Federal -aid funds will be paid to the County through the State Aid -11- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 Finance Office under the Delegated Contract Process (State Aid Manual, Chapter 5.3). The State TED Match to the Federal -aid funds will be paid according to Section 9.1.C. C. TED Funding Conditions of Payment. $10,000,000.00 is the TED funded portion of the construction cost share. The State will pay the County the TED funded portion of the State lump sum cost share after the following conditions have been met: i. Encumbrance by the State of the State's full and complete TED funded lump sum cost share. ii. Approval by the State's Land Management Director at St. Paul of certified documentation, submitted by the County, for all right-of-way and easement acquisitions required for the contract construction. iii. Execution of this Agreement and transmittal to the County, including a letter advising of the State's concurrence in the award of the construction contract. iv. The State's receipt of a written request from the County for the advancement of funds. The request will include certification by the County that all necessary parties have executed the construction contract. Payment Schedule for TED Funds 1st Payment = 50 Percent of State's total TED cost share lump sum amount upon award of the construction contract. 2"d Payment = Remainder of State's total TED cost share lump sum amount upon completion of 50 Percent of the contract construction. 9.2. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract construction is limited to the lump sum amount shown in Article 8.1, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the County. The County's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The County's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the County by the County's contractor. 9.3. Reporting of Economic Benefits. The County will provide an annual report on the economic benefits that have materialized, including the increase in jobs, in tax base and property development. This report must be provided annually on January 1st of each year for a period of 5 years after the completion of construction. This report will be provided to the Transportation Economic Development Coordinator at MnDOT. 10. County Cost and Payment by the County. 10.1. County Cost. $134,507.00 is the County's full and complete lump sum cost for State Furnished Materials. 10.2. Conditions of Payment. The County will pay the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the County. B. The County's receipt of a written request from the State for the advancement of funds. 11. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. -12- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 11.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 11.2. The County's Authorized Representative will be: Name, Title: Wayne Sandberg, County Engineer (or successor) Address: 11660 Myeron Road North, Stillwater, MN 55082 Telephone: (651) 430-4339 E-Mail: wayne.sandberg@co.washington.mn.us 11.3. The City's Authorized Representative will be: Name, Title: Shawn Sanders, Director of Public Works (or successor) Address: 216 North Fourth Street, Stillwater, MN 55082 Telephone: (651) 430-8835 E-Mail: ssanders@ci.stillwater.mn.us 12. Assignment; Amendments; Waiver; Contract Complete 12.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing will not restrict the County from entering into agreements with the City of Lake Elmo, Grant, or Stillwater to perform maintenance work without the prior consent of the State. Such agreements for maintenance work will in no way be construed as an assignment or transfer of any rights or obligations under this Agreement. 12.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 12.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 12.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City, and the County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 13. Liability; Worker Compensation Claims; Insurance 13.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the County. Notwithstanding the foregoing, the County and the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the County's or City's contractor(s) or consultant(s) or by a third party because of an act or omission by the County, the City, or its contractor(s) or consultant(s). -13- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 13.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 13.3. The County may require its contractor to carry insurance to cover claims for damages asserted against the County's contractor. 14. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 15. Title VI/Non-discrimination Assurances The County and the City agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs public/DMResultSet/download?docld=11149035. The County and City will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of the County's and the City's compliance with this provision. The County and the City must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, making County and City staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by the State. 16. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the County's and City's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 17. Government Data Practices The County, the City, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the County or the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the County, the City, or the State. 18. Telecommunications Certification By signing this agreement, the County and the City certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), the County and the City does not and will not use any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. The County and the City will include this certification as a flow down clause in any contract related to this agreement. 19. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. -14- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 20. Termination; Suspension 20.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 20.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City and the County. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City and the County will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 20.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 21. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -15- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 CITY OF STILLWATER The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -16- Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) MnDOT Contract No.: 1036984 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: SWIFT Purchase Order: 3000577491 WASHINGTON COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: (Chair, County Board of Commissioners) Date: Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: By: (County Administrator) (With Delegated Authority) Date: Approved as to form: By: (Assistant County Attorney) Date: Recommended for Approval: By: (County Engineer) Date: -2- Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Payable DCP and State encumbering and paying TH portion (Cooperative Agreements) PRELIMINARY SCHEDULE "1" Agreement No. 1036984 Washington County S.P. 8204-74 (T.H. 36=118) Preliminary: March 3, 2021 S.P. 082-615-034, S.P. 169-020-011 Fed. Proj. STPF 8221(004) Grading, bituminous paving, TMS, signals, lighting, retaining walls, ADA improvements, Bridge No. 82052 construction to start approximately April 2021 under State Contract No. with located on T.H. 36 from 2344 feet east of CSAH 15 to 2627 feet west of CSAH 15 and located on CSAH 15 from 1100 feet south of TH 36 to 400 feet south of 62nd Street North STATE COST PARTICIPATION Totals Federal Aid Match Federal Aid TED Funds 20 Percent 80 Percent (I) S.P. 8204-74 Work Items, From Sheet No. 9 (State Federal Funds) 1,000,000.00 4,000,000.00 S.P. 082-615-034 Work Items, From Sheet No. 9 (TED Funds 20% match to County Federal Funds) 1,749,500.00 (2) S.P. 082-615-034 Work Items and Aesthetics, From Sheet No. 9 1,141,500.85 (2) Bridge No. 82052 Work Items and Aesthetics, From Sheet No. 10 3,583,403.00 S.P. 082-615-034 Work Items, From Sheet No. 13 1,882,396.79 S.P. 167-020-011 Work Items, From Sheet No. 16 928,363.84 C.P. 2017.153 Work Items, From Sheet No. 19 714,835.52 (3) Construction Subtotals $10,000,000.00 $1,000,000.00 $4,000,000.00 (4) Anticipated Total State Construction Costs $15,000,000.00 Encumbered Amouttt $15,000,000.00 1st TED Payment (upon award) = $5,000,000.00; 2nd TED Payment (50% construction) = $5,000,000.00; DCP Payments (State Federal)= $5,000,000.00 COUNTY COST PAYABLE TO THE STATE - LUMP SUM (5) S.P. 082-615-034, From Sheet No. 20 (State Furnished Materials) $134,507.00 (1) Payment through State Aid Agreement No. 1030082 (4) Amount of advance payment as described in Article 8 of the Agreement (estimated amount) (2) Aesthetic participation according to Article 7.4 (5) Amount payable to the State as desecribed in Article 9 (3) Total TED funds not to exceed $10,000,000.00 as described in Article 7 Data is considered Non-public prior to project award. -1- (1) 80% MnDOT Federal/20% MnDOT Match (capped), THEN 80% COUNTY Federal/20% TED MATCH (capped), THEN 100% TED(capped), Balance 100% COUNTY (P) = PLAN QUANTITY ITEM NUMBER S.P. 8204-74 WORK ITEMS (MNDOT TH 36) UNIT QUANTITY UNIT PRICE COST (1) 2011.601 AS BUILT LUMP SUM 0.60 50,000.00 30,000.00 2021.501 MOBILIZATION LUMP SUM 0.72 1,000,000.00 720,000.00 2031.502 FIELD OFFICE TYPE D EACH 0.72 30,000.00 21,600.00 2101.505 _ GRUBBING (P) ACRE 7.50 5,000.00 37,500.00 2101.524 GRUBBING TREE 11.00 250.00 2,750.00 2102.503 PAVEMENT MARKING REMOVAL LIN FT 910.00 0.80 728.00 2104.502 REMOVE CISTERN EACH 1.00 8,000.00 8,000.00 2104.502 REMOVE ANCHORAGE ASSEMBLY -TENSION CABLE EACH 3.00 5,000.00 15,000.00 2104.502 REMOVE ANCHORAGE ASSEMBLY -PLATE BEAM EACH 3.00 205.00 615.00 2104.502 REMOVE FIBER OPTIC VAULT EACH 2.00 500.00 1,000.00 2104.502 REMOVE DELINEATOR / MARKER SIGN EACH 13.00 31.00 403.00 2104.502 REMOVE SIGN TYPE A EACH 1.00 1,200.00 1,200.00 2104.502 REMOVE SIGN TYPE C EACH 60.00 65.00 3,900.00 2104.502 REMOVE SIGN TYPE D EACH 13.00 110.00 1,430.00 2104.502 REMOVE ENERGY ABSORBING TERMINAL EACH 3.00 300.00 900.00 2104.502 SALVAGE SIGN TYPE C EACH 2.00 55.00 110.00 2104.502 SALVAGE SIGN TYPED EACH 1.00 110.00 110.00 2104.502 REMOVE REFERENCE LOCATION SIGN EACH 1.00 42.00 42.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 16,807.00 3.50 58,824.50 2104.503 REMOVE PIPE CULVERTS LIN FT 558.00 10.00 5,580.00 2104.503 REMOVE CURB & GUTTER LIN FT 1,538.00 5.00 7,690.00 2104.503 REMOVE GUARDRAIL -PLATE BEAM LIN FT 711.00 3.10 2,204.10 2104.503 REMOVE TENSION CABLE GUARDRAIL LIN FT 8,225.00 7.00 57,575.00 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 17.00 10.00 170.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 30,138.00 4.00 120,552.00 2104.518 REMOVE BITUMINOUS WALK SQ FT 7,729.00 0.75 5,796.75 2104.518 REMOVE CONCRETE WALK SQ FT 913.00 1.00 913.00 2104.518 REMOVE CONCRETE MEDIAN SQ FT 2,279.00 1.00 2,279.00 2104.601 REMOVE CABLES LUMP SUM 1.00 1,000.00 1,000.00 2104.601 HAUL SALVAGED MATERIAL LUMP SUM 0.50 5,000.00 2,500.00 2104.603 ABANDON PIPE SEWER LIN FT 85.00 10.00 850.00 2105.504 GEOTEXTILE FABRIC TYPE 7 SQ YD 225.00 3.00 675.00 2105.601 DEWATERING LUMP SUM 1.00 100,000.00 100,000.00 2105.602 SETTLEMENT PLATES EACH 16.00 100.00 1,600.00 Data is considered Non-public prior to project award. - 2 - (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANCO (P) = PLAN QUANTITY - - - ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QIJANTITY UNIT PRICE COST (1) 2105.607 COMMON BORROW SPECIAL (CV) (P) CU YD 13,237.00 60.00 794,220.00 2106.507 EXCAVATION - COMMON (P) CU YD 175,712.00 10.00 1,757,120.00 2106.507 EXCAVATION - SUBGRADE (P) CU YD 10,993.00 10.00 109,930.00 2106.507 SELECT GRANULAR EMBANKMENT (CV) (P) CU YD 30,306.00 15.00 454,590.00 2106.507 COMMON EMBANKMENT (CV) (P) CU YD 282,625.00 4.00 1,130,500.00 2112.519 SUBGRADE PREPARATION (P) ROAD STA 167.00 270.00 45,090.00 2118.607 AGGREGATE SURFACING (CV) CLASS 1 MOD CU YD 507.00 45.00 22,815.00 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) CU YD 404.00 34.00 13,736.00 2211.507 AGGREGATE BASE (CV) CLASS 6 CU YD 11,305.00 35.00 395,675.00 2301.602 DRILL & GROUT REINF BAR (EPDXY COATED) EACH 25.00 20.00 500.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B) TON 84.00 120.00 10,080.00 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 2,877.00 78.00 224,406.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON 7,849.00 75.00 588,675.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,F) TON 2,287.00 80.00 182,960.00 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 3,296.00 75.00 247,200.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX (4,F) TON 1,932.00 90.00 173,880.00 2401.503 TYPE P-1 BARRIER CONCRETE (3S52) (P) LIN FT 15.00 130.00 1,950.00 2401.503 TYPE S (TL-4) 36" BARRIER CONC (3S52) (P) LIN FT 938.00 110.00 103,180.00 2401.507 STRUCTURAL CONCRETE (3S52) (P) CU YD 248.00 850.00 210,800.00 2402.503 * ORNAMENTAL METAL RAILING TYPE SPECIAL 1 (P) LIN FT 15.00 185.00 2,775.00 2406.503 EXPANSION JOINTS, DESIGN E8H LIN FT 175.00 50.00 8,750.00 2406.504 BRIDGE APPROACH PANELS SQ YD 449.00 200.00 89,800.00 2411.507 STRUCTURAL CONCRETE (1G52) (P) CU YD 454.00 450.00 204,300.00 2411.507 STRUCTURAL CONCRETE (3G52) (P) CU YD 760.00 1,050.00 798,000.00 2411.507 STRUCTURE EXCAVATION CLASS U (P) CU YD 6,584.00 18.00 118,512.00 2411.507 GRANULAR BACKFILL (CV) (P) CU YD 5,273.00 30.00 158,190.00 2411.508 REINFORCEMENT BARS (P) POUND 41,600.00 1.30 54,080.00 2411.508 REINFORCEMENT BARS (EPDXY COATED) (P) POUND 135,850.00 1.40 190,190.00 2411.604 MECHANICALLY STABILIZED EARTH WALL SQ YD 887.00 400.00 354,800.00 2411.618 * ANTI -GRAFFITI COATING (P) SQ FT 7,464.00 1.50 11,196.00 2411.618 * ARCH SURFACE FINISH (SINGLE COLOR) (P) SQ FT 14,057.00 3.00 42,171.00 2411.618 * ARCH CONC TEXTURE (LIMESTONE) (P) SQ FT 14,057.00 18.00 253,026.00 2451.507 FINE AGGREGATE BEDDING (CV) CU YD 1,180.00 40.00 47,200.00 2451.607 STRUCTURAL BACKFILL (P) CU YD 8,849.00 36.00 318,564.00 Data is considered Non-public prior to project award. - 3 - (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANCE �Q9°(R �O (P) = PLAN UANTITY ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QUANTITY UNIT PRICE COST (1) 2451.607 STRUCTURAL BACKFILL (MOD) (P) CU YD 4,024.00 36.00 144,864.00 2501.502 15" RC PIPE APRON EACH 2.00 1,050.00 2,100.00 2501.502 18" RC PIPE APRON _ EACH 4.00 1,150.00 4,600.00 2501.502 21" RC PIPE APRON EACH 1.00 1,260.00 1,260.00 2501.502 24" RC PIPE APRON EACH 8.00 1,360.00 10,880.00 2501.502 30" RC PIPE APRON EACH 3.00 1,580.00 4,740.00 2501.502 36" RC PIPE APRON EACH 1.00 1,680.00 1,680.00 2501.502 42" RC PIPE APRON EACH 5.00 1,900.00 9,500.00 2501.502 48" RC PIPE APRON EACH 4.00 2,100.00 8,400.00 2501.502 24" GS SAFETY APRON EACH 1.00 1,200.00 1,200.00 2501.502 15" RC SAFETY APRON EACH 3.00 840.00 2,520.00 2501.502 24" RC SAFETY APRON EACH 1.00 1,050.00 1,050.00 2501.503 24" RC PIPE CULVERT DES 3006 CL V LIN FT 364.00 63.00 22,932.00 2501.503 42" RC PIPE CULVERT DES 3006 CL V LIN FT 298.00 190.00 56,620.00 2501.503 48" RC PIPE CULVERT DES 3006 CL V LIN FT 508.00 240.00 121,920.00 2502.503 4" TP PIPE DRAIN LIN FT 325.00 10.00 3,250.00 2502.503 4" PERF TP PIPE DRAIN LIN FT 10,424.00 11.00 114,664.00 2503.503 24" CS PIPE SEWER LIN FT 40.00 52.00 2,080.00 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT 1,663.00 50.00 83,150.00 2503.503 18" RC PIPE SEWER DES 3006 LIN FT 706.00 50.00 35,300.00 2503.503 18" RC PIPE SEWER DES 3006 CL III LIN FT 45.00 50.00 2,250.00 2503.503 18" RC PIPE SEWER DES 3006 CL IV LIN FT 63.00 57.00 3,591.00 2503.503 18" RC PIPE SEWER DES 3006 CL V LIN FT 362.00 61.00 22,082.00 2503.503 21" RC PIPE SEWER DES 3006 LIN FT 408.00 57.00 23,256.00 2503.503 21" RC PIPE SEWER DES 3006 CL V LIN FT 444.00 69.00 30,636.00 2503.503 24" RC PIPE SEWER DES 3006 LIN FT 97.00 67.00 6,499.00 2503.503 24" RC PIPE SEWER DES 3006 CL III LIN FT 145.00 74.00 10,730.00 2503.503 24" RC PIPE SEWER DES 3006 CL IV LIN FT 103.00 80.00 8,240.00 2503.503 24" RC PIPE SEWER DES 3006 CL V LIN FT 477.00 86.00 41,022.00 2503.503 24" RCP SEWER DES 3006 CL V-JACKED LIN FT 179.00 790.00 141,410.00 2503.503 27" RC PIPE SEWER DES 3006 LIN FT 175.00 79.00 13,825.00 2503.503 30" RC PIPE SEWER DES 3006 LIN FT 421.00 95.00 39,995.00 2503.503 30" RC PIPE SEWER DES 3006 CL IV LIN FT 33.00 116.00 3,828.00 2503.503 30" RC PIPE SEWER DES 3006 CL V LIN FT 168.00 126.00 21,168.00 Data is considered Non-public prior to project award. -4- (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANCE, 0369g4 0 (Pl = PLAN QUANTITY 1 by ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QUANTITY UNIT PRICE COST (1) 2503.503 30" RCP SEWER DES 3006 CL V-JACKED LIN FT 79.00 950.00 75,050.00 2503.503 36" RC PIPE SEWER DES 3006 LIN FT 360.00 110.00 39,600.00 2503.503 42" RC PIPE SEWER DES 3006 LIN FT 180.00 137.00 24,660.00 2503.503 42" RC PIPE SEWER DES 3006 CL III LIN FT 599.00 158.00 94,642.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 8.00 1,050.00 8,400.00 2504.603 36" STEEL CASING PIPE LIN FT 72.00 250.00 18,000.00 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 EACH 1.00 12,600.00 12,600.00 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPEC 2 EACH 1.00 12,600.00 12,600.00 2506.502 CASTING ASSEMBLY EACH 73.00 840.00 61,320.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN F LIN FT 279.40 340.00 94,996.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN G LIN FT 72.40 370.00 26,788.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN H LIN FT 3.20 320.00 1,024.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-48 LIN FT 13.50 525.00 7,087.50 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-60 LIN FT 5.70 680.00 3,876.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-72 LIN FT 12.30 840.00 10,332.00 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 59.10 370.00 21,867.00 2506.503 CONST DRAINAGE STRUCTURE DES 54-4020 LIN FT 60.50 470.00 28,435.00 2506.503 CONST DRAINAGE STRUCTURE DES 66-4020 LIN FT 41.60 630.00 26,208.00 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 78.00 735.00 57,330.00 2506.503 CONST DRAINAGE STRUCTURE DES 78-4020 LIN FT 7.50 840.00 6,300.00 2506.503 CONST DRAINAGE STRUCTURE DES 84-4020 LIN FT 21.00 945.00 19,845.00 2506.602 GRATE CASTING SPECIAL EACH 1.00 5,000.00 5,000.00 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 2.00 8,000.00 16,000.00 2507.603 LINING CULVERT PIPE (24") SPECIAL LIN FT 188.00 190.00 35,720.00 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD 1,376.00 10.00 13,760.00 2511.507 RANDOM RIPRAP CLASS II CU YD 296.00 84.00 24,864.00 2511.507 RANDOM RIPRAP CLASS III CU YD 111.00 84.00 9,324.00 2511.507 RANDOM RIPRAP CLASS IV CU YD 23.00 85.00 1,955.00 2521.518 4" CONCRETE WALK SQ FT 13,851.00 4.50 62,329.50 2521.518 6" CONCRETE WALK SQ FT 1,666.00 12.00 19,992.00 2531.503 CONCRETE CURB & GUTTER DESIGN B424 LIN FT 9,475.00 24.00 227,400.00 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 12.00 24.00 288.00 2531.503 CONCRETE CURB & GUTTER DESIGN B624 LIN FT 429.00 27.00 11,583.00 2531.503 CONCRETE CURB & GUTTER DESIGN D424 LIN FT 2,477.00 24.00 59,448.00 Data is considered Non-public prior to project award. -5- (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANC1 81CO ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QUANTITY UNIT PRICE COST (1) 2531.618 TRUNCATED DOMES SQ FT 164.00 55.00 9,020.00 2533.503 PORTABLE PRECAST CONC BARRIER DES 8337 LIN FT 9,925.00 26.00 258,050.00 2533.503 RELOCATE PORT PRECAST CONC BAR DES 8337 LIN FT 11,400.00 6.00 68,400.00 2545.502 LIGHTING UNIT TYPE 9-40 EACH 19.00 2,475.00 47,025.00 2545.502 LIGHTING UNIT TYPE 9-49 EACH 36.00 3,272.50 117,810.00 2545.502 LIGHTING UNIT TYPE 9D-40 EACH 1.00 4,073.15 4,073.15 2545.502 LIGHTING UNIT TYPE 9D-49 EACH 1.00 4,922.50 4,922.50 2545.502 UNDERPASS LUMINAIRES TYPE LED EACH 2.00 972.63 1,945.26 2545.502 LIGHT FOUNDATION DESIGN E EACH 20.00 972.63 19,452.60 2545.502 LIGHT FOUNDATION DESIGN H EACH 37.00 2,416.67 89,416.79 2545.502 SERVICE CABINET -TYPE L1 EACH 2.00 6,324.85 12,649.70 2545.502 UNDERGROUND CABLE SPLICE EACH 2.00 295.16 590.32 2545.502 EQUIPMENT PAD B EACH 2.00 1,046.10 2,092.20 2545.502 JUNCTION BOX EACH 2.00 1,274.00 2,548.00 2545.502 HANDHOLE EACH 2.00 2,196.32 4,392.64 2545.503 2" NON-METALLIC CONDUIT LIN FT 43.00 7.18 308.74 2545.503 3" NON-METALLIC CONDUIT LIN FT 471.00 14.39 6,777.69 2545.503 4" NON-METALLIC CONDUIT LIN FT 115.00 14.30 1,644.50 2545.503 UNDERGROUND WIRE 1/C 2 AWG LIN FT 155.00 1.88 291.40 2545.503 UNDERGROUND WIRE 1/C 10 AWG LIN FT 411.00 0.61 250.71 2545.503 DIRECT BURIED LIGHTING CABLE 4/C 4 AWG LIN FT 14,437.00 8.75 126,323.75 2550.502 CABINET FOUNDATION EACH 1.00 2,000.00 2,000.00 2550.502 CCTV FOUNDATION EACH 1.00 3,000.00 3,000.00 2550.502 FIBEROPTIC SPLICE VAULT EACH 2.00 4,400.00 8,800.00 2550.502 OUTDOOR FIBER SPLICE ENCLOSURE EACH 2.00 1,900.00 3,800.00 2550.502 BURIED CABLE SIGN EACH 18.00 120.00 2,160.00 2550.502 CCTV CABINET EACH 1.00 3,600.00 3,600.00 2550.502 INSTALL CABINET EACH 1.00 1,000.00 1,000.00 2550.502 SERVICE CABINET EACH 1.00 2,500.00 2,500.00 2550.503 1.5" NON-METALLIC CONDUIT LIN FT 6,500.00 3.00 19,500.00 2550.503 2" NON-METALLIC CONDUIT LIN FT 2,000.00 5.00 10,000.00 2550.503 POWER CABLE 1 CONDUCTOR NO 6 LIN FT 80.00 1.00 80.00 2550.503 POWER CABLE 1 CONDUCTOR NO 10 LIN FT 30.00 1.00 30.00 2550.503 POWER CABLE 3 CONDUCTOR NO 14 LIN FT 450.00 3.00 1,350.00 Data is considered Non-public prior to project award. - 6 - (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANCE maO ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QUANTITY UNIT PRICE COST (1) 2550.503 LEAD-IN CABLE 2 CONDUCTOR NO 14 LIN FT 5,700.00 1.30 7,410.00 2550.601 TEMPORARY COMMUNICATION SYSTEM LUMP SUM 1.00 30,000.00 30,000.00 2550.601 FIBER OPTIC CABLE TESTING LUMP SUM 1.00 5,000.00 5,000.00 2550.602 CCTV HARDWARE EACH 1.00 20,000.00 20,000.00 2550.602 FIBER OPTIC PIGTAIL TERMINATION EACH 3.00 1,000.00 3,000.00 2550.602 FIBER OPTIC CABLE SPLICING EACH 3.00 1,800.00 5,400.00 2550.602 PULL VAULT EACH 13.00 1,300.00 16,900.00 2550.602 LOOP DETECTOR DESIGN PREFORMED EACH 5.00 1,800.00 9,000.00 2550.603 ARMORED FIBER OPTIC PIGTAIL CABLE 6SM LIN FT 1,800.00 2.00 3,600.00 2550.603 FIBER OPTIC TRUNK CABLE 48SM LIN FT 5,000.00 2.00 10,000.00 2550.603 1.5" BORED CONDUIT LIN FT 600.00 13.00 7,800.00 2550.603 2" BORED CONDUIT LIN FT 500.00 15.00 7,500.00 2554.502 GUIDE POST TYPE B EACH 42.00 65.00 2,730.00 2554.502 ANCHORAGE ASSEMBLY - TYPE 31 EACH 5.00 1,200.00 6,000.00 2554.502 ANCHORAGE ASSEMBLY - TENSION CABLE EACH 2.00 5,000.00 10,000.00 2554.502 END TREATMENT -TANGENT TERMINAL EACH 7.00 2,750.00 19,250.00 2554.503 TRAFFIC BARRIER DESIGN BULLNOSE LIN FT 201.00 120.00 24,120.00 2554.503 TRAFFIC BARRIER DESIGN TYPE 31 LIN FT 1,837.50 120.00 220,500.00 2554.503 TRAFFIC BARRIER DESIGN TRANS TYPE 31 LIN FT 50.00 23.00 1,150.00 2554.503 TRAFFIC BARRIER DESIGN B8307 LIN FT 75.00 28.00 2,100.00 2554.603 TENSION CABLE GUARDRAIL LIN FT 3,986.00 70.00 279,020.00 2554.615 IMPACT ATTENUATOR ASSEMBLY 2.00 3,000.00 6,000.00 2557.502 METAL BRACE ASSEMBLY -CHAIN LINK FENCE EACH 2.00 450.00 900.00 2557.502 ELECTRICAL GROUND EACH 1.00 250.00 250.00 2557.503 WIRE FENCE DESIGN 72V-9322 LIN FT 550.00 70.00 38,500.00 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 0.60 25,000.00 15,000.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.72 200,000.00 144,000.00 2563.602 PORTABLE CONCRETE BARRIER DELINEATOR EACH 664.00 10.00 6,640.00 2563.602 SURFACE MOUNTED DELINEATOR EACH 7.00 31.00 217.00 2563.615 TEMPORARY IMPACT ATTENUATOR ASSEMBLY 5.00 3,000.00 15,000.00 2563.615 RELOCATE TEMPORARY IMPACT ATTENUATOR ASSEMBLY 2.00 1,000.00 2,000.00 2564.502 INSTALL SIGN TYPE C EACH 2.00 340.00 680.00 2564.502 INSTALL SIGN TYPE D EACH 1.00 550.00 550.00 2564.502 OVERHEAD SIGN IDENTIFICATION PLATE EACH 5.00 70.00 350.00 Data is considered Non-public prior to project award. -7- (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANCI; ,)Q9°�R CO (P) = PLAN QUANTITY ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QUANTITY UNIT PRICE COST (1) 2564.502 REFERENCE LOCATION SIGN EACH 1.00 170.00 170.00 2564.507 CONCRETE FOOTINGS (TYPE OH SPREAD) CU YD 36.00 800.00 28,800.00 2564.508 STRUCT STEEL -POSTS FOR TYPE A SIGNS POUND 2,958.00 4.10 12,127.80 2564.508 STRUCTURAL STEEL -POSTS FOR OH SIGNS (D) POUND 12,310.00 2.70 33,237.00 2564.508 STRUCTURAL STEEL -TRUSSES FOR OH SIGNS (D) POUND 9,964.00 2.80 27,899.20 2564.508 STR STEEL -TRUSSES FOR OH SIGNS BR MTD POUND 1,000.00 4.30 4,300.00 2564.508 STRUCTURAL STEEL -PANEL MOUNT POST FOR OH SIGNS POUND 900.00 2.80 2,520.00 2564.518 SIGN PANELS TYPE A SQ FT 288.00 40.00 11,520.00 2564.518 SIGN PANELS TYPE C SQ FT 563.00 50.00 28,150.00 2564.518 SIGN PANELS TYPE D SQ FT 259.00 60.00 15,540.00 2564.518 SIGN PANELS TYPE OH SQ FT 638.00 32.00 20,416.00 2564.518 SIGN PANELS TYPE OVERLAY SQ FT 10.00 20.00 200.00 2564.602 DELINEATOR / MARKER PANEL EACH 6.00 120.00 720.00 2564.602 DELINEATOR / MARKER SIGN EACH 23.00 160.00 3,680.00 2564.607 CONCRETE FOOTING (MONOTUBE) CU YD 5.00 800.00 4,000.00 2564.608 STRUCTURAL STEEL - MONOTUBE SIGN POUND 8,191.00 2.70 22,115.70 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 0.60 5,000.00 3,000.00 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 0.60 10,000.00 6,000.00 2573.502 STORM DRAIN INLET PROTECTION EACH 58.00 250.00 14,500.00 2573.502 CULVERT END CONTROLS EACH 19.00 300.00 5,700.00 2573.503 SILT FENCE, TYPE SD LIN FT 973.00 30.00 29,190.00 2573.503 SILT FENCE, TYPE MS LIN FT 1,576.00 1.70 2,679.20 2573.503 SILT FENCE, TYPE TB LIN FT 320.00 3.80 1,216.00 2573.503 FLOTATION SILT CURTAIN TYPE STILL WATER LIN FT 322.00 5.90 1,899.80 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 8,033.00 3.00 24,099.00 2574.505 SUBSOILING (P) ACRE 26.00 420.00 10,920.00 2574.505 SOIL BED PREPARATION (P) ACRE 26.00 240.00 6,240.00 2574.508 FERTILIZER TYPE 3 POUND 7,595.00 0.55 4,177.25 2574.508 FERTILIZER TYPE 4 POUND 600.00 0.55 330.00 2575.505 SEEDING (P) ACRE 26.00 75.00 1,950.00 2575.505 WEED SPRAYING ACRE 13.00 450.00 5,850.00 2575.506 WEED SPRAY MIXTURE GALLON 7.00 120.00 840.00 2575.508 SEED MIXTURE 25-121 POUND 1,293.00 4.10 5,301.30 2575.508 SEED MIXTURE 25-131 POUND 110.00 3.00 330.00 Data is considered Non-public prior to project award. - 8 - (1) 80% MnDOT Federal Mobility/20% MnDOT Match (capped), THEN 80% COUNTY Federal STP/20% TED MATCH (capped), THEN 100% TED(capped), BALANCF, 81 CO ITEM NUMBER S.P. 8204-74 WORK ITEMS UNIT QUANTITY UNIT PRICE COST (1) 2575.508 SEED MIXTURE 33-261 POUND 119.00 26.00 3,094.00 2575.508 SEED MIXTURE 35-221 POUND 22.00 30.00 660.00 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 153.00 350.00 53,550.00 2575.604 ROLLED EROSION PREVENTION CATEGORY 25 SQ YD 124,657.00 2.00 249,314.00 2581.503 REMOVABLE PREFORM PAVEMENT MARKING TAPE LIN FT 90,720.00 1.10 99,792.00 2581.603 REMOVABLE PREFORMED PLASTIC MASK (BLACK) LIN FT 4,150.00 2.20 9,130.00 2581.618 REMOVABLE PREFORMED PAVEMENT MESSAGE TAPE SQ FT 61.00 13.00 793.00 2582.503 8" SOLID LINE PAINT (WR) LIN FT 90.00 1.50 135.00 2582.503 4" SOLID LINE MULTI COMP LIN FT 1,630.00 1.20 1,956.00 2582.503 4" DBLE SOLID LINE MULTI COMP LIN FT 45.00 0.80 36.00 2582.503 4" SOLID LINE MULTI COMP GR IN (WR) LIN FT 31,470.00 0.65 20,455.50 2582.503 8" SOLID LINE MULTI COMP GR IN (WR) LIN FT 476.00 1.80 856.80 2582.503 24" SOLID LINE MULTI COMP GR IN (WR) LIN FT 166.00 14.00 2,324.00 2582.503 4" BROKEN LINE MULTI COMP GR IN (WR) LIN FT 1,550.00 0.65 1,007.50 2582.503 4" DBLE SOLID LINE MULTI COMP GR IN (WR) LIN FT 1,743.00 1.50 2,614.50 2582.503 8" SOLID LINE PREF TAPE GR IN (WR) LIN FT 2,130.00 10.00 21,300.00 2582.503 4" BROKEN LINE PREF TAPE GR IN (WR) LIN FT 230.00 4.80 1,104.00 2582.503 4" DOTTED LINE PREF TAPE GR IN (WR) LIN FT 429.00 6.00 2,574.00 2582.503 8" DOTTED LINE PREF TAPE GR IN (WR) CONT LIN FT 381.00 12.00 4,572.00 2582.503 4" DOTTED LINE PREF THERMO GR IN LIN FT 28.00 6.00 168.00 2582.518 PAVT MSSG PREF THERMO GR IN SQ FT 62.00 11.00 682.00 2582.518 PAVT MSSG PREF THERMO GR IN ESR SQ FT 217.00 26.00 5,642.00 2582.518 CROSSWALK PREF THERMO GR IN ESR SQ FT 2,070.00 16.00 33,120.00 TOTAL $14,773,926.85 *Aesthetic Items *Aesthetic TOTAL $309,168.00 (1) STATE FEDERAL FUND $4,000,000.00 *Capped at $4,000,000.00 20% STATE MATCH $1,000,000.00 COUNTY FEDERAL FUN] $6,998,000.00 *Capped at $6,998,000.00 20% MATCH(TED FUND $1,749,500.00 *TED Funds capped at $10,000,000.00 TED FUNDS $1,141,500.85 *TED Funds capped at $10,000,000.00 BALANCE COUNTY FUN $194,094.00 Data is considered Non-public prior to project award. - 9 - (2) 100% TED FUNDS (capped), BALANCE 100% COUNTY P) = PLAN QUANTITY 1036984 ITEM NUMBER S.P. 8204-82052 BRIDGE UNIT QUANTITY UNIT PRICE COST (2) 2401.503 TYPE MOD P-1 BARRIER CONCRETE (3S52) (P) LIN FT 258.00 190.00 49,020.00 2401.503 TYPE S (TL-4) 36" BARRIER CONC (3S52) (P) LIN FT 258.00 90.00 23,220.00 2401.507 STRUCTURAL CONCRETE (1G52) (P) CU YD 544.00 450.00 244,800.00 2401.507 STRUCTURAL CONCRETE (3B52) (P) CU YD 848.00 800.00 678,400.00 2401.508 REINFORCEMENT BARS (P) POUND 43,660.00 1.30 56,758.00 2401.508 REINFORCEMENT BARS (EPDXY COATED) (P) POUND 234,290.00 1.40 328,006.00 2401.508 REINFORCEMENT BARS (STAINLESS-75KSI) (P) POUND 940.00 4.00 3,760.00 2401.518 SIDEWALK CONCRETE (3S52) (P) SQ FT 3,118.00 15.00 46,770.00 2401.518 RAISED MEDIAN CONCRETE (3S52) (P) SQ FT 1,549.00 18.00 27,882.00 2401.601 STRUCTURE EXCAVATION LUMP SUM 1.00 95,000.00 95,000.00 2401.618 BRIDGE DECK PLANING (P) SQ FT 18,920.00 1.15 21,758.00 2401.618 BRIDGE SLAB CONCRETE (3YHPC-M) (P) SQ FT 22,002.00 30.00 660,060.00 2402.502 BEARING ASSEMBLY EACH 56.00 1,400.00 78,400.00 2402.503 * ORNAMENTAL METAL RAILING TYPE SPECIAL PC (P) LIN FT 258.00 205.00 52,890.00 2405.503 PRESTRESSED CONCRETE BEAMS 40MH (P) LIN FT 3,016.00 265.00 799,240.00 2405.503 DIAPHRAGMS FOR TYPE 40MH PREST BEAMS (P) LIN FT 382.00 65.00 24,830.00 2411.618 * ARCH SURFACE FINISH (SINGLE COLOR) (P) SQ FT 2,946.00 2.00 5,892.00 2411.618 * ARCH SURFACE FINISH (THIN BRICK) (P) SQ FT 569.00 18.00 10,242.00 2411.618 * ARCH CONC TEXTURE (LIMESTONE) (P) SQ FT 2,946.00 15.00 44,190.00 2451.507 AGGREGATE BACKFILL (CV) CU YD 3,689.00 65.00 239,785.00 2502.501 DRAINAGE SYSTEM TYPE (B910) LUMP SUM 1.00 3,000.00 3,000.00 2514.504 CONCRETE SLOPE PAVING (P) SQ YD 395.00 200.00 79,000.00 2545.501 CONDUIT SYSTEM TYPE 1 LUMP SUM 1.00 10,500.00 10,500.00 TOTAL $3,470,189.00 *Aesthetic Items *Aesthetic TOTAL $113,214.00 (2) TED FUNDS $3,583,403.00 *TED Funds capped at $10,000,000. BALANCE COUNTY Data is considered Non-public prior to project award. - 10 - ITEM NUMBER (3) 100% TED FUNDS (capped), BALANCE 100% COUNTY (P) = PLAN QUANTITY S.A.P. 082-615-034 WORK ITEM (CSAH 15) UNIT QUANTITY UNIT PRICE 1036984 COST (3) 2011.601 2021.501 2031.502 2041.61 2101.505 2101.524 2104.502 2104.502 AS BUILT MOBILIZATION FIELD OFFICE TYPE D TRAINEES GRUBBING GRUBBING REMOVE DRAINAGE STRUCTURE LUMP SUM LUMP SUM 0.20 0.17 50,000.00 1,000,000.00 10,000.00 170,000.00 REMOVE DELINEATOR / MARKER SIGN EACH 0.17 30,000.00 5,100.00 HOUR 2,000.00 1.00 2,000.00 (P) ACRE TREE EACH EACH 0.10 4.00 18.00 4.00 5,000.00 250.00 550.00 31.00 500.00 1,000.00 9,900.00 124.00 2104.502 2104.502 2104.502 REMOVE SIGN TYPE C REMOVE SIGN TYPE D REMOVE SIGN TYPE SPECIAL EACH EACH EACH 3.00 1.00 1.00 65.00 110.00 75.00 195.00 110.00 75.00 2104.502 REMOVE SIGNAL SYSTEM EACH 1.00 10,500.00 10,500.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 101.00 3.50 353.50 2104.503 REMOVE PIPE CULVERTS LIN FT 232.00 10.00 2,320.00 2104.503 2104.503 2104.504 REMOVE SEWER PIPE (STORM) REMOVE CURB & GUTTER REMOVE BITUMINOUS PAVEMENT LIN FT LINFT SQ YD 2104.518 REMOVE BITUMINOUS WALK SQ FT 1,070.00 1,598.00 2,286.00 15.00 5.00 4.00 16,050.00 7,990.00 9,144.00 4,953.00 0.75 3,714.75 2104.518 REMOVE CONCRETE MEDIAN SQ FT 121.00 1.00 121.00 2105.602 SETTLEMENT PLATES EACH 2.00 100.00 200.00 2106.507 EXCAVATION - COMMON (P) CU YD 4,127.00 10.00 41,270.00 2106.507 EXCAVATION-SUBGRADE (P) CU YD 674.00 10.00 6,740.00 2106.507 SELECT GRANULAR EMBANKMENT (CV) (P) CU YD 3,400.00 15.00 51,000.00 2106.507 COMMON EMBANKMENT (CV) (P) CU YD 29,334.00 4.00 117,336.00 2112.519 SUBGRADE PREPARATION (P) ROAD STA 11.00 270.00 2,970.00 2118.607 AGGREGATE SURFACING (CV) CLASS 1 MOD CU YD 5.00 45.00 225.00 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) CU YD 431.00 34.00 14,654.00 2211.507 AGGREGATE BASE (CV) CLASS 6 CU YD 792.00 35.00 27,720.00 2301.602 DRILL & GROUT REINF BAR (EPDXY COATED) EACH 32.00 20.00 640.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B) TON 182.00 120.00 21,840.00 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 498.00 78.00 38,844.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,F) TON 950.00 80.00 76,000.00 2401.503 TYPE P-1 BARRIER CONCRETE (3S52) (P) LIN FT 142.00 130.00 18,460.00 2401.503 TYPE S (TL-4) 36" BARRIER CONC (3S52) (P) LIN FT 426.00 110.00 46,860.00 Data is considered Non-public prior to project award. - 11 - 207\CAD_BIM\Graphics\ROW Graphic\ gm,, I Retaining Wall Maintenance -Agreement 1036984 TH 36/Manning Avenue Interchange Job H10207 Washington County, MN 3/2,2021 Exhibit "B" - Retaining Wall Maintenance Agreement 1036984 INTERCONNECTED POND SYSTEM — MAINTAINED BY MNOOT CONTRIBUTING FLOW. 380 MOOT 620 WASHINGTON COUNTY C. NE RAMP BRIDGE INSPECTION COSTS (N�u�AND MAJOP MAINTENANCE x COST SPLIT: SOX MNDOT 500 WASHINGTON COUNTY EXHIBIT B (3) 100% TED FUNDS (capped), BALANCE 100% COUNTY P1 = PLAN QUANTITY 1036984 ITEM NUMBER S.A.P. 082-615-034 WORK ITEM UNIT QUANTITY UNIT PRICE COST (3) 2402.503 ORNAMENTAL METAL RAILING TYPE SPECIAL 1 (P) LIN FT 142.00 185.00 26,270.00 2411.507 STRUCTURAL CONCRETE (1G52) (P) CU YD 417.00 450.00 187,650.00 2411.507 STRUCTURAL CONCRETE (3G52) (P) CU YD 728.00 1,050.00 764,400.00 2411.507 STRUCTURE EXCAVATION CLASS U (P) CU YD 14,405.00 18.00 259,290.00 2411.507 GRANULAR BACKFILL (CV) (P) CU YD 4,849.00 30.00 145,470.00 2411.508 REINFORCEMENT BARS (P) POUND 36,790.00 1.30 47,827.00 2411.508 REINFORCEMENT BARS (EPDXY COATED) (P) POUND 89,280.00 1.40 124,992.00 2411.618 ANTI -GRAFFITI COATING (P) SQ FT 7,187.00 1.50 10,780.50 2411.618 ARCH SURFACE FINISH (SINGLE COLOR) (P) SQ FT 7,187.00 3.00 21,561.00 2411.618 ARCH CONC TEXTURE (LIMESTONE) (P) SQ FT 7,187.00 18.00 129,366.00 2451.607 STRUCTURAL BACKFILL (P) CU YD 4,354.00 36.00 156,744.00 2452.601 EARTH RETENTION SYSTEM (TEMPORARY) LUMP SUM 0.50 180,000.00 90,000.00 2502.503 4" TP PIPE DRAIN LIN FT 100.00 10.00 1,000.00 2502.503 4" PERF TP PIPE DRAIN LIN FT 2,148.00 11.00 23,628.00 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT 210.00 50.00 10,500.00 2503.503 18" RC PIPE SEWER DES 3006 LIN FT 10.00 50.00 500.00 2503.503 27" RC PIPE SEWER DES 3006 CL IV LIN FT 189.00 89.00 16,821.00 2503.503 30" RC PIPE SEWER DES 3006 CL V LIN FT 219.00 126.00 27,594.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1.00 1,050.00 1,050.00 2506.502 CASTING ASSEMBLY EACH 12.00 840.00 10,080.00 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 67.00 370.00 24,790.00 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 16.10 735.00 11,833.50 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 1.00 8,000.00 8,000.00 2521.518 4" CONCRETE WALK SQ FT 10,806.00 4.50 48,627.00 2521.518 6" CONCRETE WALK SQ FT 525.00 12.00 6,300.00 2531.503 CONCRETE CURB & GUTTER DESIGN B424 LIN FT 1,952.00 24.00 46,848.00 2531.618 TRUNCATED DOMES SQ FT 44.00 55.00 2,420.00 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 0.20 25,000.00 5,000.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.17 200,000.00 34,000.00 2563.61 FLAGGER HOUR 90.00 110.00 9,900.00 2564.518 SIGN PANELS TYPE C SQ FT 55.00 50.00 2,750.00 2564.518 SIGN PANELS TYPE OH SQ FT 64.00 32.00 2,048.00 2564.602 DELINEATOR / MARKER PANEL EACH 1.00 120.00 120.00 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 0.80 9,000.00 7,200.00 Data is considered Non-public prior to project award. - 12 - (3) 100% TED FUNDS (capped), BALANCE 100% COUNTY P) = PLAN QUANTITY 1036984 ITEM NUMBER S.A.P. 082-615-034 WORK ITEM UNIT QUANTITY UNIT PRICE COST _ (3) 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM B LUMP SUM 1.00 9,000.00 9,000.00 2565.501 TRAFFIC CONTROL INTERCONNECT LUMP SUM 1.00 15,000.00 15,000.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM A SYSTEM 0.80 249,000.00 199,200.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM B _ _ SYSTEM 1.00 254,000.00 254,000.00 2565.616 REVISE TEMPORARY SIGNAL SYSTEM C _ SYSTEM 1.00 30,000.00 30,000.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 0.20 5,000.00 1,000.00 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 0.20 10,000.00 2,000.00 2573.502 STORM DRAIN INLET PROTECTION EACH 21.00 250.00 5,250.00 2573.503 SILT FENCE, TYPE SD LIN FT 146.00 30.00 4,380.00 2573.503 SILT FENCE, TYPE MS LIN FT 2,132.00 1.70 3,624.40 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 200.00 3.00 600.00 2574.505 SUBSOILING (P) ACRE 2.00 420.00 840.00 2574.505 SOIL BED PREPARATION (P) ACRE 2.00 240.00 480.00 2574.508 FERTILIZER TYPE 3 POUND 700.00 0.55 385.00 2575.505 SEEDING (P) ACRE 2.00 75.00 150.00 2575.505 WEED SPRAYING ACRE 1.00 450.00 450.00 2575.506 WEED SPRAY MIXTURE GALLON 1.00 120.00 120.00 2575.508 SEED MIXTURE 25-121 POUND 61.00 4.10 250.10 2575.508 SEED MIXTURE 25-131 POUND 220.00 3.00 660.00 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 6.00 350.00 2,100.00 2575.604 ROLLED EROSION PREVENTION CATEGORY 25 SQ YD 9,680.00 2.00 19,360.00 2582.503 4" SOLID LINE MULTI COMP GR IN (WR) LIN FT 2,226.00 0.65 1,446.90 2582.503 4" BROKEN LINE MULTI COMP GR IN (WR) LIN FT 220.00 0.65 143.00 2582.518 PAVT MSSG PREF THERMO GR IN SQ FT 16.00 11.00 176.00 TOTAL $3,529,931.65 (3) TED FUNDS $1,882,396.79 *TED Funds capped at $10,000,000. BALANCE COUNTY $1,647,534.86 Data is considered Non-public prior to project award. - 13 - (4) 100% TED FUNDS (capped), BALANCE 100% STILLWATER P) = PLAN QUANTITY 1036984 ITEM NUMBER S.P. 169-020-011 WORK ITEM UNIT QUANTITY UNIT PRICE COST _ (4) 2011.601 AS BUILT LUMP SUM 0.10 50,000.00 5,000.00 2021.501 MOBILIZATION LUMP SUM 0.05 1,000,000.00 50,000.00 2031.502 FIELD OFFICE TYPE D EACH 0.05 30,000.00 1,500.00 2101.505 GRUBBING (P) ACRE 0.70 5,000.00 3,500.00 2102.503 PAVEMENT MARKING REMOVAL LIN FT 700.00 0.80 560.00 2104.502 REMOVE SIGN TYPE C EACH 1.00 65.00 65.00 2104.503 SAWING CONCRETE PAVEMENT LIN FT 38.00 20.00 760.00 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD 221.00 10.00 2,210.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 834.00 4.00 3,336.00 2106.507 EXCAVATION - COMMON (P) CU YD 3,114.00 10.00 31,140.00 2106.507 EXCAVATION - SUBGRADE (P) CU YD 192.00 10.00 1,920.00 2106.507 SELECT GRANULAR EMBANKMENT (CV) (P) CU YD 2,284.00 15.00 34,260.00 2106.507 COMMON EMBANKMENT (CV) (P) CU YD 24,288.00 4.00 97,152.00 2112.519 SUBGRADE PREPARATION (P) ROAD STA 11.00 270.00 2,970.00 2118.607 AGGREGATE SURFACING (CV) CLASS 1 MOD CU YD 774.00 45.00 34,830.00 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) CU YD 76.00 34.00 2,584.00 2211.507 AGGREGATE BASE (CV) CLASS 6 CU YD 471.00 35.00 16,485.00 2301.602 DRILL & GROUT REINF BAR (EPDXY COATED) EACH 7.00 20.00 140.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B) TON 64.00 120.00 7,680.00 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 334.00 78.00 26,052.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON 631.00 75.00 47,325.00 2401.503 TYPE P-1 BARRIER CONCRETE (3S52) (P) LIN FT 142.00 130.00 18,460.00 2402.503 ORNAMENTAL METAL RAILING TYPE SPECIAL 1 (P) LIN FT 142.00 185.00 26,270.00 2411.507 STRUCTURAL CONCRETE (1G52) (P) CU YD 93.00 450.00 41,850.00 2411.507 STRUCTURAL CONCRETE (3G52) (P) CU YD 161.00 1,050.00 169,050.00 2411.507 STRUCTURE EXCAVATION CLASS U (P) CU YD 557.00 18.00 10,026.00 2411.507 GRANULAR BACKFILL (CV) (P) CU YD 123.00 30.00 3,690.00 2411.508 REINFORCEMENT BARS (P) POUND 8,010.00 1.30 10,413.00 2411.508 REINFORCEMENT BARS (EPDXY COATED) (P) POUND 19,360.00 1.40 27,104.00 2411.618 ANTI -GRAFFITI COATING (P) SQ FT 1,634.00 1.50 2,451.00 2411.618 ARCH SURFACE FINISH (SINGLE COLOR) (P) SQ FT 1,634.00 3.00 4,902.00 2411.618 ARCH CONC TEXTURE (LIMESTONE) (P) SQ FT 1,634.00 18.00 29,412.00 2451.607 STRUCTURAL BACKFILL (P) CU YD 1,046.00 36.00 37,656.00 2501.502 18" GS PIPE APRON EACH 2,00 420.00 840.00 Data is considered Non-public prior to project award. - 14 - (4) 100% TED FUNDS (capped), BALANCE 100% STILLWATER P) PLAN QUANTITY 1036984 ITEM NUMBER S.P. 169-020-011 WORK ITEM UNIT QUANTITY UNIT PRICE COST (4) 2501.502 18" RC PIPE APRON _ EACH 1.00 1,150.00 1,150.00 2502.503 4" TP PIPE DRAIN LIN FT 30.00 10.00 300.00 2502.503 4" PERF TP PIPE DRAIN LIN FT 318.00 11.00 3,498.00 2503.503 18" CS PIPE SEWER LIN FT 56.00 46.00 2,576.00 2503.503 15" RC PIPE SEWER DES 3006 CL V _ LIN FT 602.00 50.00 30,100.00 2503.503 18" RC PIPE SEWER DES 3006 LIN FT 118.00 50.00 5,900.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1.00 1,050.00 1,050.00 2506.502 CASTING ASSEMBLY EACH 9.00 840.00 7,560.00 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 42.60 370.00 15,762.00 2506.503 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT 5.20 525.00 2,730.00 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 _ LIN FT 7.70 735.00 5,659.50 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL _ EACH 1.00 8,000.00 8,000.00 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD 22.00 10.00 220.00 2511.507 RANDOM RIPRAP CLASS II CU YD 5.00 84.00 420.00 2521.518 6" CONCRETE WALK SQ FT 197.00 12.00 2,364.00 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 507.00 24.00 12,168.00 2531.618 TRUNCATED DOMES SQ FT 39.00 55.00 2,145.00 2554.502 GUIDE POST TYPE B EACH 1.00 65.00 65.00 2554.503 PERMANENT BARRICADES LIN FT 64.00 70.00 4,480.00 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 0.10 25,000.00 2,500.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.05 200,000.00 10,000.00 2563.602 SURFACE MOUNTED DELINEATOR EACH 12.00 31.00 372.00 2564.518 SIGN PANELS TYPE C SQ FT 9.00 50.00 450.00 2564.518 SIGN PANELS TYPE D SQ FT 43.00 60.00 2,580.00 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 0.20 9,000.00 1,800.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM A SYSTEM 0.20 249,000.00 49,800.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 0.10 5,000.00 500.00 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 0.10 10,000.00 1,000.00 2573.502 STORM DRAIN INLET PROTECTION EACH 7.00 250.00 1,750.00 2573.502 CULVERT END CONTROLS EACH 1.00 300.00 300.00 2573.503 SILT FENCE, TYPE MS LIN FT 1,535.00 1.70 2,609.50 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 15.00 3.00 45.00 2574.505 SUBSOILING (P) ACRE 2.00 420.00 840.00 2574.505 SOIL BED PREPARATION (P) ACRE 2.00 240.00 480.00 Data is considered Non-public prior to project award. - 15 - (4) 100% TED FUNDS (capped), BALANCE 100% STILLWATER = PLAN QUANTITY 1036984 ITEM NUMBERS S.P. 169-020-011 WORK ITEM IINIT QUANTITY UNIT PRICE COST (4) 2574.508 FERTILIZER TYPE 3 POUND 525.00 0.55 288.75 2575.505 SEEDING (P) ACRE 2.00 75.00 150.00 2575.505 WEED SPRAYING ACRE 1.00 450.00 450.00 2575.506 WEED SPRAY MIXTURE GALLON 1.00 120.00 120.00 2575.508 SEED MIXTURE 25-121 POUND 6.00 4.10 24.60 2575.508 SEED MIXTURE 25-131 POUND 308.00 3.00 924.00 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 2.00 350.00 700.00 2575.604 ROLLED EROSION PREVENTION CATEGORY 25 SQ YD 7,284.00 2.00 14,568.00 2582.503 4" SOLID LINE MULTI COMP LIN FT 170.00 1.20 204.00 2582.503 4" DBLE SOLID LINE MULTI COMP LIN FT 265.00 0.80 212.00 2582.503 4" SOLID LINE MULTI COMP GR IN (WR) LIN FT 385.00 0.65 250.25 2582.503 24" SOLID LINE MULTI COMP GR IN (WR) LIN FT 118.00 14.00 1,652.00 2582.503 4" BROKEN LINE MULTI COMP GR IN (WR) LIN FT 20.00 0.65 13.00 2582.503 4" DBLE SOLID LINE MULTI COMP GR IN (WR) LIN FT 701.00 1.50 1,051.50 2582.503 4" DOTTED LINE PREF TAPE GR IN (WR) LIN FT 36.00 6.00 216.00 TOTAL $953,591.10 (4) TED FUNDS $928,363.84 *TED Funds capped at $10,000,000. BALANCE STILLWATER $25,227.26 Data is considered Non-public prior to project award. - 16 - (5) 100% TED FUNDS (capped), BALANCE 100% LAKE ELMO Pl = PLAN QUANTITY 1036984 ITEM NUMBER LAKE ELMO 2017.153 WORK ITEM UNIT QUANTITY UNIT PRICE COST (5) 2011.601 AS BUILT LUMP SUM 0.10 50,000.00 5,000.00 2021.501 MOBILIZATION LUMP SUM 0.06 1,000,000.00 60,000.00 2031.502 FIELD OFFICE TYPED EACH 0.06 30,000.00 1,800.00 2101.505 GRUBBING (P) ACRE 0.10 5,000.00 500.00 2101.524 GRUBBING TREE 31.00 250.00 7,750.00 2104.502 REMOVE DRAINAGE STRUCTURE EACH 13.00 550.00 7,150.00 2104.502 REMOVE SIGN TYPE C EACH 2.00 65.00 130.00 2104.502 REMOVE MAIL BOX SUPPORT EACH 1.00 180.00 180.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LIN FT 36.00 3.50 126.00 2104.503 REMOVE SEWER PIPE (STORM) LIN FT 1,361.00 15.00 20,415.00 2104.503 REMOVE CURB & GUTTER LIN FT 464.00 5.00 2,320.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 8,630.00 4.00 34,520.00 2104.518 REMOVE BITUMINOUS WALK SQ FT 2,523.00 0.75 1,892.25 2104.603 ABANDON WATER MAIN LIN FT 802.00 15.60 12,511.20 2105.504 GEOTEXTILE FABRIC TYPE 7 SQ YD 2,185.00 3.00 6,555.00 2106.507 EXCAVATION - COMMON (P) CU YD 10,652.00 10.00 106,520.00 2106.507 EXCAVATION - SUBGRADE (P) CU YD 1,187.00 10.00 11,870.00 2106.507 SELECT GRANULAR EMBANKMENT (CV) (P) CU YD 2,869.00 15.00 43,035.00 2106.507 COMMON EMBANKMENT (CV) (P) CU YD 18,128.00 4.00 72,512.00 2112.519 SUBGRADE PREPARATION (P) ROAD STA 6.00 270.00 1,620.00 2211.507 AGGREGATE BASE (CV) CLASS 5 (P) CU YD 1,041.00 34.00 35,394.00 2211.507 AGGREGATE BASE (CV) CLASS 6 CU YD 358.00 35.00 12,530.00 2301.602 DRILL & GROUT REINF BAR (EPDXY COATED) EACH 3.00 20.00 60.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B) TON 98.00 120.00 11,760.00 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B) TON 1,056.00 78.00 82,368.00 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON 418.00 75.00 31,350.00 2401.503 TYPE S (TL-4) 36" BARRIER CONC (3S52) (P) LIN FT 72.00 110.00 7,920.00 2411.507 STRUCTURAL CONCRETE (1G52) (P) CU YD 68.00 450.00 30,600.00 2411.507 STRUCTURAL CONCRETE (3G52) (P) CU YD 121.00 1,050.00 127,050.00 2411.507 STRUCTURE EXCAVATION CLASS U (P) CU YD 533.00 18.00 9,594.00 2411.507 GRANULAR BACKFILL (CV) (P) CU YD 157.00 30.00 4,710.00 2411.508 REINFORCEMENT BARS (P) POUND 5,830.00 1.30 7,579.00 2411.508 REINFORCEMENT BARS (EPDXY COATED) (P) POUND 17,100.00 1.40 23,940.00 2411.618 ANTI -GRAFFITI COATING (P) SQ FT 838.00 1.50 1,257.00 Data is considered Non-public prior to project award. - 17 - (5) 100% TED FUNDS (capped), BALANCE 100% LAKE ELMO Pl = PLAN QUANTITY 1036984 ITEM NUMBER C.P. 2017.153 WORK ITEM UNIT QUANTITY UNIT PRICE COST (5) 2411.618 ARCH SURFACE FINISH (SINGLE COLOR) (P) SQ FT 838.00 3.00 2,514.00 2411.618 ARCH CONC TEXTURE (LIMESTONE) (P) SQ FT 838.00 18.00 15,084.00 2451.607 STRUCTURAL BACKFILL (P) CU YD 393.00 36.00 14,148.00 2452.601 EARTH RETENTION SYSTEM (TEMPORARY) LUMP SUM 0.50 180,000.00 90,000.00_ 840.00 2501.502 18" GS PIPE APRON EACH 2.00 420.00 2501.502 15" RC PIPE APRON EACH 1.00 1,050.00 1,050.00 2501.502 18" RC PIPE APRON EACH 2.00 1,150.00 2,300.00 2502.503 4" TP PIPE DRAIN LIN FT 30.00 10.00 300.00 2502.503 4" PERF TP PIPE DRAIN LIN FT 1,167.00 11.00 12,837.00 2503.503 15" CS PIPE SEWER LIN FT 117.00 44.00 5,148.00 2503.503 18" CS PIPE SEWER LIN FT 818.00 46.00 37,628.00 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT 41.00 50.00 2,050.00 2503.503 18" RC PIPE SEWER DES 3006 LIN FT 100.00 50.00 5,000.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1.00 1,050.00 1,050.00 2506.502 CASTING ASSEMBLY EACH 12.00 840.00 10,080.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN G LIN FT 8.80 370.00 3,256.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-48 LIN FT 10.00 525.00 5,250.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-60 LIN FT 4.40 680.00 2,992.00 2506.503 CONST DRAINAGE STRUCTURE DES 48-4020 LIN FT 14.80 370.00 5,476.00 2506.503 CONST DRAINAGE STRUCTURE DES 66-4020 LIN FT 17.50 630.00 11,025.00 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT 19.40 735.00 14,259.00 2506.602 CONST DRAINAGE STRUCTURE DESIGN SPECIAL EACH 2.00 8,000.00 16,000.00 2511.504 GEOTEXTILE FILTER TYPE 4 SQ YD 40.00 10.00 400.00 2511.507 RANDOM RIPRAP CLASS II CU YD 8.00 84.00 672.00 2521.518 4" CONCRETE WALK SQ FT 286.00 4.50 1,287.00 2521.518 6" CONCRETE WALK SQ FT 167.00 12.00 2,004.00 2531.503 CONCRETE CURB & GUTTER DESIGN SPECIAL LIN FT 989.00 24.00 23,736.00 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT 374.00 24.00 8,976.00 2531.618 TRUNCATED DOMES SQ FT 30.00 55.00 1,650.00 2533.503 PORTABLE PRECAST CONC BARRIER DES 8337 LIN FT 250.00 26.00 6,500.00 2535.503 BITUMINOUS CURB LIN FT 1,914.00 5.50 10,527.00 2554.502 GUIDE POST TYPE B EACH 3.00 65.00 195.00 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 0.10 25,000.00 2,500.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.06 200,000.00 12,000.00 Data is considered Non-public prior to project award. - 18 - (5) 100% TED FUNDS (capped), BALANCE 100% LAKE ELMO P1= PLAN QUANTITY 1036984 ITEM NUMBER C.P. 2017.153 WORK ITEM UNIT QUANTITY UNIT PRICE COST (5) 2563.615 TEMPORARY IMPACT ATTENUATOR ASSEMBLY 2.00 3,000.00 6,000.00 2564.518 SIGN PANELS TYPE C SQ FT 27.00 50.00 1,350.00 2564.518 SIGN PANELS TYPE SPECIAL SQ FT 12.00 37.00 444.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 0.10 5,000.00 500.00 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM 0.10 10,000.00 1,000.00 2573.502 STORM DRAIN INLET PROTECTION EACH 15.00 250.00 3,750.00 2573.502 CULVERT END CONTROLS EACH 5.00 300.00 1,500.00 2573.503 SILT FENCE, TYPE MS LIN FT 1,167.00 1.70 1,983.90 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 166.00 3.00 498.00 2574.505 SUBSOILING (P) ACRE 2.00 420.00 840.00 2574.505 SOIL BED PREPARATION (P) ACRE 2.00 240.00 480.00 2574.508 FERTILIZER TYPE 3 POUND 245.00 0.55 134.75 2574.508 FERTILIZER TYPE 4 POUND 135.00 0.55 74.25 2575.505 SEEDING (P) ACRE 2.00 75.00 150.00 2575.505 WEED SPRAYING ACRE 1.00 450.00 450.00 2575.506 WEED SPRAY MIXTURE GALLON 1.00 120.00 120.00 2575.508 SEED MIXTURE 25-121 POUND 24.00 4.10 98.40 2575.508 SEED MIXTURE 25-131 POUND 66.00 3.00 198.00 2575.508 SEED MIXTURE 35-221 POUND 33.00 30.00 990.00 2575.523 RAPID STABILIZATION METHOD 3 M GALLON 20.00 350.00 7,000.00 2575.604 ROLLED EROSION PREVENTION CATEGORY 25 SQ YD 7,756.00 2.00 15,512.00 2582.503 4" SOLID LINE PAINT (WR) LIN FT 3,245.00 0.15 486.75 2582.503 4" DBLE SOLID LINE PAINT (WR) LIN FT 1,620.00 0.25 405.00 2582.503 4" SOLID LINE MULTI COMP GR IN (WR) LIN FT 273.00 0.65 177.45 2582.503 24" SOLID LINE MULTI COMP GRIN (WR) LIN FT 17.00 14.00 238.00 TOTAL $1,155,632.95 (5) TED FUNDS $714,835.52 *TED Funds capped at $10,000,000. BALANCE LAKE ELMO $440,797.43 Data is considered Non-public prior to project award. - 19 - (_)100% STATE Pl = PLAN QUANTITY 1036984 ITEM NUMBER STATE FURNISHED MATERIALS UNIT QUANTITY UNIT PRICE COST ( ) - For Information only - Signal System "A" State Furnished Cabinet/Controller Type R (TS2) EACH 1.00 31,000.00 31,000.00 PTZ Camera (CCTV W/mount, power supply and patch cables) EACH 1.00 4,500.00 4,500.00 Video Detection Camera & Associated Equipment EACH 1.00 8,775.00 8,775.00 Video Detection COMMS Manager EACH 1.00 10,894.00 10,894.00 Signal System "B" State Furnished Cabinet/Controller Type R (TS2) EACH 1.00 31,000.00 31,000.00 PTZ Camera (CCTV W/mount, power supply and patch cables) EACH 1.00 4,500.00 4,500.00 Video Detection Camera & Associated Equipment EACH 1.00 8,775.00 8,775.00 Video Detection COMMS Manager EACH 1.00 10,894.00 10,894.00 Temporary Signal System "C" PTZ Camera (CCTV W/mount, power supply and patch cables) EACH 1.00 4,500.00 4,500.00 Video Detection Camera & Associated Equipment EACH 1.00 8,775.00 8,775.00 Video Detection COMMS Manager EACH 1.00 10,894.00 10,894.00 TOTAL $134,507.00 Data is considered Non-public prior to project award. - 20 - GENERAL NOTES. CROSS SLOPES ARE FT./FT. SEE CONSTRUCTION PLANS FOR BEGIN AND END TAPER STATIONING LANE AND SHOULDER DIMENSIONS, AND MISCELLANEOUS INFORMATION. SEE DRAINAGE DETAILS, DRAINAGE PROFILES, AND DRAINAGE TABULATION SHEETS FOR ADDITIONAL STORM SEWER INFORMATION. SEE CONTOUR PLANS FOR PROPOSED AND EXISTING CONTOURS AT PROPOSED POND LOCATION. SEE EXISTING UTILITY TABULATION AND REMOVAL PLAN FOR STORM SEWER AND CULVERTS TO BE REMOVED. SEE REMOVAL PLANS FOR ABANDONED UTILITIES. FIELD VERIFY ALL EXISTING UTILITY LOCATIONS. SUBSURFACE DRAINAGE IS DRAWN SCHEMATICALLY FOR FOR INSTALLATIONSEE ILOCATIONSONS AND STANDARD PLANS SEE RETAINING WALL AND BRIDGE PLANS FOR LOCATIONS WHERE WALL OR BRIDGE DRAINAGE SYSTEMS CONNECT TO DRAINAGE STRUCTURES. OPENINGS IN DRAINAGE STRUCTURES FOR CONNECTIONS TO WALL DRAINAGE SYSTEMS BRIDGE DRAINAGE SYSTEMS, OR SUBSURFACE DRAINS SHALL BE PRECAST OR CORE DRILLED TO PROVIDE A CLEAN WATER -TIGHT FIT. CONNECTIONS SHALL BE INCIDENTAL UNLESS OTHERWISE INDICATED. — - SEE PROFILE SHEETS AND CROSS SECTIONS FOR SPECIAL DITCH GRADE INFORMATION. VA LEGEND SUPERELEVATION TRANSITION FT/FT STORM SEWER STRUCTURE NO. PROPOSED STORM SEWER/CULVERT EXISTING STORM SEWER/CULVERT PROPOSED DITCH 4" PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL EXISTING/PROPOSED CATCH BASIN EXISTING/PROPOSED APRON EXISTING/PROPOSED MANHOLE EXISTING/PROPOSED DROP INLET SURFACE FLOW SEED AND BLANKET RIPRAP AREAS OF ENVIRONMENTAL SENSITIVITY TAMS ID NUMBER DITCH BLOCK. SEE DRAINAGE DETAILS 315 F NO DATE BY c,0 APPR ...\1,I071\7In01PI 0n\ID201-Orol.00n .04 — EB TH 36 [j MnDOT Maintenance j 'Washington CO Maintenance Agreement No.1036984 Exhibit A - Drainage Maintenance Sheet 1 of 7 EX R/W\ OEVG PROJECT 4 0. 020 619 0DX 36, STATE AID PROJECT N0. 69-020-011 Q WB TH 36 0.0 0.04 DRAWN 9Y J.ARNTSON DESIGNED BY IAMNION CHECKED B S.WESTLUND COMM. N0. 10201 NOTES Q EB 60TH ST N III 11 Eo — 200 04 +99 L �► Q NW RAMP y WE LAND 14 �b TYPE 2 H E SW RAMP f WASHINGTON COUNTY DRAINAGE AND SUPERELEVATIDN PLANS TH 36 & CSAH 15 N INTERCHANGE • HN SHEET 265 OF 582 LEGEND SUPERELEVATION TRANSITION FT/FT STORM SEWER STRUCTURE NO. PROPOSED STORM SEWER/CULVERT EXISTING STORM SEWER/CULVERT PROPOSED DITCH 4" PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL EXISTING/PROPOSED CATCH BASIN EXISTING/PROPOSED APRON EXISTING/PROPOSED MANHOLE EXISTING/PROPOSED DROP INLET SURFACE FLOW SEED AND BLANKET RIPRAP AREAS OF ENVIRONMENTAL SENSITIVITY TAMS ID NUMBER DITCH BLOCK. SEE DRAINAGE DETAILS NOTES. SEE SHEET N0. 265 FOR GENERAL NOTES. OA CONNECT TO EXISTING STORM SEWER OR CULVERT. QB ADJUST SUBSURFACE DRAIN LOCATION TO PROVIDE CLEARANCE TO GUARDRAIL POSTS. SEE TYPICAL SECTIONS. 0 PLACE WATER DUALITY BAFFLES (DES SP) IN STRUCTURE. SEE DRAINAGE DETAILS. pool MnDOT Maintenance ( 1 Washington CO Maintenance Agreement No.1036984 Exhibit A - Drainage Maintenance Sheet 2 of 7 /1 Combined Contributing Area to All Ponds: L7 City/County D ainage Area to MnDOT pipe - approximately 1 acre County 38% \ 38°/B MnDOT RWALL 3 Storm sewer catch basins and manholes with sumps and baffles (SPCDs) will be inspected twice per year for the first two years after installation, and thereafter maintained when sediment reaches the cleanout volume specified by the baffle manufacturer. st STA 6+26.00 ELEV. 969.60 Q SW RAMP No ATE BY cxD APPR REVISION ...\PIa+\PInolPlo0\10207-or02.ROn I mower:. or Pr IFIT WPM: SEE SHEET 265 MATCH LINE STA 326+25.00 STA 203+14.00 ELEV. 9I8.00 $ AN 0 MATCH LINE STA 337+00.00 SEE SHEET 267 SAMUEL WESTLUNO Dots 1 taros 53569 STATE 0-01A10 1PRO.WCT 60. 169-02 rt WB TH 36 r (• 44+50.00 MAT SEE HEET 26T DRAWN BY J. ARNTSON DESIGNED BY J. ARNTSON CHECAEO BY S. WESTLUND COMM. NO. 10207 // // // // // \ City/County Drainage Area to MnDOT pipe - approximately 16 acres EB 60TH ST N • City/County Drainage Area to MnDOT pipe - approximately 3 acres 1 SPCD #107A to he inspected and maintained by the county Do WASHINGTON COUNTY DRAINAGE AND SUPERELEVATIDN PLANS TH 36 & CSAH 15 N INTERCHANGE r SHEET 266 OF 582 L © NOTES. SEE SHEET N0. 265 FOR GENERAL NOTES AND LEGEND. CONNECT TO EXISTING STORM SEWER 0R CULVERT. ADJUST SUBSURFACE DRAIN LOCATION TO PROVIDE CLEARANCE TO GUARDRAIL POSTS. SEE TYPICAL SECTIONS. COORDINATE CONNECTION OF NET WELL STRUCTURE TO WATER REUSE PIPING CONSTRUCTED BY OTHERS. /� SEE SPECIAL PROVISIONS. LINING CULVERT PIPE (24") SPECIAL. PLACE WATER QUALITY BAFFLES (DES SP) IN STRUCTURE. SEE DRAINAGE DETAILS. WETLAND 130 TYPE 3/TYPE 5 ti RWALL 3 t SW RAMP 6 EL SB MANNING AVE rt NB MANNING AVE r LEGEND SUPERELEVATION TRANSITION FT/FT STORM SEWER STRUCTURE NO. ->- PROPOSED STORM SEWER/CULVERT EXISTING STORM SEWER/CULVERT •-->PROPOSED DITCH --->4" PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL EXISTING/PROPOSED CATCH BASIN EXISTING/PROPOSED APRON EXISTING/PROPOSED MANHOLE EXISTING/PROPOSED DROP INLET SURFACE FLOW SEED AND BLANKET ® RIPRAP -1- AREAS OF ENVIRONMENTAL SENSITIVITY A'8XXXXX, TAMS ID NUMBER DITCH BLOCK. SEE DRAINAGE DETAILS .rtf s WzI4ss 5 0.02 SEE SHEELINE � SW LOOP HATCH 50 00 Inspect ponds annually for lve years after construction and thereafter as necessary. Remove sediment before reaching depth of 3.5 feet(0.5 feet below pipe to NW Ramp Pond). I1- 1 EB CSAH 15 WB CSAH 15 EB TH 36 SEE SHEET 266 MATCH LINE STA 337+00 00 57A 4A+S8 L nspect pipes annua Iv. maintain 0.O 10 RWALL Storm sewer catch basins and manholes with sunmps and baffles (SPCDs) will be inspectedtwice per ycar for the first two years after (.6 installation, and thereafter maintained when sediment reaches the cleanout volume specified by the bailie manufacturer. NO DATE BY CKD APPR ...\P ion, Ina,P 10nS10201 .WO. 00n REVISION I Irr�Wr u. tPrint Karen �nnuc� ncaicunu and remove any flow blockages. MATCH LINE STA 345+50.00 SEE SHEET 266 STAND PROJECT ND. OB2A�-1iR Iix039 e20361 STATE AID PROJECT N0. A-020-011 DRAWN Br J. ARNTSON DESIGNED Br J. ARN750N CHECKED Br S. WESTILND CO.. N0. 10201 E NW RAMP E SHGNS t00 01 V F77.8 Pi ®s BC .02 0.02 t 1°40 _. 0.025 0 025 1 15 nO6.� )� wN 89 444' /1 `P!'f SyffT 1f'' g NE LOOP -4-, eoff ofMnDOT R/W to be ected and maintained by SCALE': Inspect pond annually for five years after construction and thereafter as necessary. Remove sediment before reaching depth of 2.5 feet(0.5 feet below pipe to wet well). City/County Drainage Area to MnDOT pipe - approximately 58 acres 44.5 16.59 0 N 2 0.005 0.0 y _ vrw.r:._..wm, +30.8 02.6 SPCD 7215 anc n208 to be in fected aid maintained by ct NE RAMP Combined Contributing Area to All Ponds: 62% County 38% MnDOT fl MnDOT Maintenance j j Washington CO Maintenance Agreement No.1036984 ./ Exhibit A - Drainage Maintenance /Sheet3of7 WASHINGTON COUNTY DRAINAGE AND SUPERELEVATIDN PLANS TH 36 S1 CSAH 15 N INTERCHANGE SHEET 267 OF 582 0.0 0.041. dr NOTES. SEE SHEET N0. 265 FOR GENERAL NOTES. O BLANKET & SEED PER MNDOT STD. PLAN 5-297.404 �! WB TH 36 > 0.04 j STA 3511.67.33 IBK) = EQUATION r >----->-- STA 351+69.30 —355� =__--- WYPEET DITCH —I C -) 7A weir EB TH 36 T2 WET DITCH 179 TYPE 2 350 ' • +63.4 7 0.025� 0. 04 > —.— 0.07 >.__.—.>.__.� —> > LEGEND SUPERELEVATION TRANSITION FT/FT Combined Contributing Area to All Ponds: 62% County 38% MnDOT MnDOT Maintenance Li Washington CO Maintenance Agreement No.1036984 Exhibit A - Drainage Maintenance Sheet 4 of 7 NO DATE BY CND APPR REVISION P Ion, in IP lan\10207_er OA. ROD /mod r STORM SEWER STRUCTURE NO. PROPOSED STORM SEWER/CULVERT EXISTING STORM SEWER/CULVERT PROPOSED DITCH 4. PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL EXISTING/PROPOSED CATCH BASIN EXISTING/PROPOSED APRON EXISTING/PROPOSED MANHOLE EXISTING/PROPOSED DROP INLET SURFACE FLOW SEED AND BLANKET RIPRAP AREAS OF ENVIRONMENTAL SENSITIVITY TAMS ID NUMBER DITCH BLOCK. SEE DRAINAGE DETAILS 1 So SSAss ,N 7 -3 /.-----, �l \ I \\1 l 1/ 1 002-61S-0 34 OJECT N0. B209-14 ITN 361 STATE A10 PROJECT NO. 69-020-011 DRAWN BY J. S DESIGNED SB ARNES J CHECKED BY S. Deo COMM. NO. 102 07 WASHINGTON COUNTY DRAINAGE AND SUPERELEVATION PLANS TH 36 & CSAH 15 N INTERCHANGE SHEET 268 OF 582 1 cDo LEGEND SUPERELEVATION TRANSITION FT/FT STORM SEWER STRUCTURE NO. PROPOSED STORM SEWER/CULVERT EXISTING STORM SEWER/CULVERT PROPOSED DITCH 4" PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL EXISTING/PROPOSED CATCH BASIN EXISTING/PROPOSED APRON EXISTING/PROPOSED MANHOLE EXISTING/PROPOSED DROP INLET SURFACE FLOW SEED AND BLANKET RIPRAP AREAS OF ENVIRONMENTAL SENSITIVITY TAMS ID NUMBER DITCH BLOCK. SEE DRAINAGE DETAILS 0- WETLAND 1813 TYPE 2 I 1 MnDOT Maintenance j 1 Washington CO Maintenance Agreement No.1O36984 Exhibit A - Drainage Maintenance Sheet 5 of 7 t / c \ t II II F IJ II \\ 11 J I 10 I �� IIII ( II I�\ `\1 _ �= II II \��� � , ..\ I�-- = =J Ti) r �_ _ _ r 8m $m F II IA_ n 1 --� (l Q WB TH 36 4H y 4 EB TH 36 - — - —465- — 465= R-1::j III -H II I ,I /)) I\ I I 4- °__ 51 ILLM 8 VD W WAY?. —4T0-- — A L NOTES. SEE SHEET N0. 265 FOR GENERAL NOTES. STILLWATER BLVD_SW R MA p NO DATE Br CFO APPR REVISION ,.. Plon\FInalPlon\102 7.0r S.VOn Prin. Nara: SANUEL /1ES1-LUND Dare L icon.e • 53569 STTAFE PROJECT N0. 5-O34 0204-i4 ITN l61 STATE AID PROJECT N0. 169-D20-011 D N By ARNISo DESIGNEDJAN J. CHECKED BY RESTLUN0 COMM. NO. 10201 WASHINGTON COUNTY DRAINAGE AND SUPERELEVATION PLANS TH 36 k CSAH 15 N INTERCHANGE SHEET 269 OF 582 / \ Yi WETLAND 138 _— / \\ ','TYPE 3/TYPE 5 '----:-<L_ \\ '''',..__V \\ // A� \ / �s \ 4 \� // // /AO \ WETLAND 105 `/ 4y TYPE I/iVPE 3 // WiYPETND L 4 \ E 3 �tl� vOT•2 j)S '�A�`"� 3i1F 0•0 At SPCD #705, #8O7 and #S 1 I to he inspected and 'IC maintained by the county MATCHSEENSHEET 26T 00 t SB MANNING AVE RWALL 3 (WETLAND 9 TYPE 6 .4 / h 4 WETLAND I0B TYPE 1/TYPE 3 r — — 1 t LINDEN AVE N WETLANDS 11A and 115 TYPE I/TYPE 5 DNR 316W 1 t NB MANNING AVE at •2 7 r Storm sewer catch basins and manholes with sumps and baffles (SPCDs) will be inspected twice per year for the first two years after installation, and thereafter maintained when sediment reaches the cleanout volume specified by the baffle manufacturer. QED SCALE 1N FEET r pas] MnDOT Maintenance 1 1 Washington CO Maintenance Agreement No.1036984 Exhibit A - Drainage Maintenance Sheet 6 of 7 LEGEND SUPERELEVATION TRANSITION FT/FT E STORM SEWER STRUCTURE NO. —>— PROPOSED STORM SEWER/CULVERT > EXISTING STORM SEWER/CULVERT --•>PROPOSED DITCH --->4" PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL ❑/ ■ EXISTING/PROPOSED CATCH BASIN p� ► EXISTING/PROPOSED APRON 0/0 EXISTING/PROPOSED MANHOLE EXISTING/PROPOSED DROP INLET SURFACE FLOW ® SEED AND BLANKET ODyL RIPRAP —i— AREAS OF ENVIRONMENTAL SENSITIVITY CX(SXXXXX' TAMS ID NUMBER Q DITCH BLOCK. SEE DRAINAGE DETAILS NOTES. SEE SHEET N0. 265 FOR GENERAL NOTES. QE PLACE WATER QUALITY BAFFLES (DES SPI IN STRUCTURE. SEE DRAINAGE DETAILS. NO DATE BY CAB APPR REVISION ... Plm\IIn0/PlonNIORO2-WO6.DOn Dare 1 cenx 53569 STATE PROJECT N0. D204-F4-034 8204-14 IiN 3fi1 S iA -0iE20-011 ID PROJECT N0. 169 DRAWN BY J. ARNTSON DESIGNED BY A ARNTSON CHECKED BY S.WESTLUND C04Y. N0. 1020T WASHINGTON COUNTY DRAINAGE AND SUPERELEVATION PLANS TH 36 & CSAH 15 N INTERCHANGE SHEET 270 OF 582 ti r MATCH LINE STA 18+50 00 SEE SHEET 267 62ND ST N X D SCALE IN FEET NOTES: SEE SHEET N0. 265 FOR GENERAL NOTES. OA CONNECT TO EXISTING STORM SEWER 1 MnDOT Maintenance 'Washington CO Maintenance Agreement No.1036984 Exhibit A - Drainage Maintenance Sheet 7 of 7 LEGEND SUPERELEVATION TRANSITION FT/FT ® STORM SEWER STRUCTURE N0. >- PROPOSED STORM SEWER/CULVERT EXISTING STORM SEWER/CULVERT -->--- PROPOSED DITCH 4. PERF. TP PIPE DRAIN PRECAST CONCRETE HEADWALL ❑ // ■ EXISTING/PROPOSED CATCH BASIN p/B. EXISTING/PROPOSED APRON 0/0 EXISTING/PROPOSED MANHOLE ol� EXISTING/PROPOSED DROP INLET SURFACE FLOW ® SEED AND BLANKET ® RIPRAP AREAS OF ENVIRONMENTAL SENSITIVITY CXXXXXXX5 TAMS ID NUMBER O DITCH BLOCK. SEE DRAINAGE DETAILS NO DATE BY CAD APPR REVISION ...\Peon\FTPOIPiom10201 4r 2.000 1 tire.... Tity P e.. ... Pr Int 00281 SAMUEL NESTLUNO Dore 1 cmae 53569 STATE PROJECT NO- 082-615-Oa4 e2DR-1R am 361 STATE AID PROJECT NO. 169-020-011 DRAWN ANBY sow DESIGNED BY J.ARNTSON CHECKED BY S- WESTLUND COT. N0. 10201 WASHINGTON COUNTY DRAINAGE AND SUPERELEVATION PLANS TH 36 & CSAH 15 N INTERCHANGE SHEET 271 OF 582 1881 LEGEND MNDOT MAINTENANCE WASHINGTON COUNTY MAINTENANCE CITY OF STILLWATER MAINTENANCE CITY OP GRANT WB TH 36 CL EB TH 36 CAD _BIM \ Graphics \ROW Graphic\10207_Right acts \10000\ EB 60TH ST N CITY IF LAKE ELMO SB MANNING AVE C. SW RAMP NW RAMP t RVPLL 3 t mew. JOINT •11 JOINT eT Exhibit "B" - Retaining Wall Maintenance Agreement 1036984 Ct NB MANNING AVE INTERCONNECTED POND SYSTEM - MAINTAINED 8Y MNDOT CONTRIBUTING FLOW. 38% MNDOT 62% WASHINGTON COUNTY CE NE RAMP ARIDGE INSPECTION COSTS AND MAJOR IAAINTENgNCE COST SPLIT 50'/. mNDOT ASHI 50% LASHINCTON COUNTY CL EB LINDEN AVE N CITY OF 2TTI I.. WATER STILLWATER TOWNSHIP Page 1 of 1 CITY OF OAK PARK HEIGHTS ;,g Retaining Wall Maintenance -Agreement 1036984 TH 36/Manning Avenue Interchange ton W1020I Washington County, MN 01212021 EXHIBIT B L J Q SW RAMP C-9 0 SB MANNING AVE ( NB MANNING AVE SPECIFIC NOTES. Q1 FURNISH & INSTALL 02 INPLACE O7 F&I OH SIGN ID PLATE QA CROSSWALK MARKING -ID' WIDE (WHITE) PREFORM THERMO GR IN (ESR) QB PAVEMENT MESSAGE -RIGHT ARROW (WHITE) PREFORM THERMO GR IN (ESR) © PAVEMENT MESSAGE -LEFT ARROW (WHITE) PREFORM THERMO GR IN (ESR) OD PAVEMENT MESSAGE -RIGHT ARROW (WHITE) PREFORM THERMO GR IN © PREFORM THERMO GR IN PAVEMENT MESSAGE -LEFT ARROW (WHITE) GENERAL NOTES. ALIGNMENT LINE NOT SHOWN FOR CLARITY. 6' LINE, 6' GAP) el' 000 Q NB CSAH 15 IL WB CSAH 15 Q EB CSAH 15 t SW LOOP SEE SHEET 347 ATCH LINE STA 337+00.0 . EB TH 36� f 1 Washington County Agreement No.1036984 Exhibit C - Signing Maintenance Sheet 1 of 3 ®C) 660-9ENN HO H1noS N10oN MATCH LINE STA 345+50.00 SEE SHEET 349 DATE 2,0n, Ina BY CEO 1E1100,102 PPP s T2 PE VIS ON pare 11/25/2020 116078e 56071 Si A 11 PROE,ECI0]a NO. 082615 8209-ia BPI 4,9-020 i, AI011 PROJES1 No, 6 PROJECT NO. 2017.is] SEE Ira STA 44+�0. 01 WB TH 36 ORABN BY K. OEM DESIGNED BY K. OLM [NECKED BY N. POOLE COMM. NO. 1020, E SNEHS 50�� SE MptGYq S70_ EB 60TH ST N C. NW RAMP i NE LOOP SF f STq4. yf, v9Po WB 60TH ST N '4O ( NE RAMP is 55ELE IN FEET WASHINGTON COUNTY SIGNING AND PAVEMENT MARKING PLANS AND DETAILS TH 36 & CSAH 15 N INTERCHANGE SHEET 348 OF 587 7 Q SB — — l MANNING MATCH LINE STA 106*00.00 SEE S EET 34B LINDEN AVE N Q NB MANNING AVE WEST O 1= EAST` 0-7 1 j Washington County Agreement No.1O36984 Exhibit C - Signing Maintenance Sheet 2 of 3 SPECIFIC NOTES, GENERAL NOTES, © FURNISH i INSTALL ALIGNMENT LINE NOT SHOWN FOR CLARITY. Q2 INPLACE QD PAVEMENT MESSAGE -RIGHT ARROW (WHITE) PREFORM THERMO GR IN — - - - — — -- - --- - - -- O mtCEIEM Pr in, Mare. NATHAN A. POOLE -- OM,. 11/25/2020 ewe 56071 STATE PROJECT N0. B20t-TA Iix }M LATE A10 PROJECT N0. 169-010-011 CITY Or LAKE ELMO PROJECT NO. 2011.153 DRAWN B♦ K. OLM DESIGNED BY OIM CHECKED By N.POOLE COMM. NO. 10m1 WASHINGTON COUNTY SIGNING AND PAVEMENT MARKING PLANS AND DETAILS TH 36 & CSAH 15 N INTERCHANGE SHEET 352 OF 587 SPECIFIC NOTES. 0 FURNISH & INSTALL Q2 INPLACE Q FtI OH SIGN ID PLATE GENERAL NOTES. ALIGNMENT LINE NOT SHOWN FOR CLARITY. ©0 001-9ENN HO OMU n SDAN )Its On OA MUST Dr LOT MATCH LINE STA 118+50 00 SEE SHEET 348 - - - - 62ND ST N -_ [ 1 Washington County Agreement No.1036984 Exhibit C - Signing Maintenance Sheet 3 of 3 X NO DATE BY CM0 APPR REVISION ...Swam, 1 noJPl3n\10201.. 1007.00n Prin. Nome: NATHAN A. POOLE Dote 11 /25 /2020 LTcen6e • 560 T1 STATE PROJECT N0. BIU6i ON 361 STATE AID PROJECT NO. 169.020-011 PROJECTOfLAKE q. 2011.153 ORA. BY C OLN DESGNE0 BY . OLO CNNCo0E0 By OLE COMM. NO. 10201 WASHINGTON COUNTY SIGNING AND PAVEMENT MARKING PLANS AND DETAILS TH 36 & CSAH 15 N INTERCHANGE SHEET 353 OF 587 MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Dior of Public Works Date: March 30, 2021 Subject: Cooperative Agreement for Maintenance TH 36/Manning Ave Interchange DISCUSSION Washington County (County) has sent over for City approval the Cooperative Agreement for Maintenance on the Manning and TH 36 Interchange Project. The agreement mainly describes the responsibilities for street, trail utilities and retaining wall in each agencies right -of way for the project.. RECOMMENDATION Staff has reviewed the Cooperative Maintenance Agreement and recommends approval. ACTION REQUIRED If Council agrees with the recommendation they should pass a motion approving COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MAINTENANCE OF AN INTERCHANGE ON TRUNK HIGHWAY 36 At MANNING AVENUE/COUNTY STATE AID HIGHWAY (CSAH) 15. DocuSign Envelope ID: 70E62045-9733-4BD4-9AOC-7C1D14FOEB4E COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND WASHINGTON COUNTY FOR MAINTENANCE OF AN INTERCHANGE ON TRUNK HIGHWAY (TH) 36 AT MANNING AVENUE/ COUNTY STATE AID HIGHWAY (CSAH) 15 WASHINGTON COUNTY CONTRACT NO. 13757 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM PERPETUAL THIS AGREEMENT, by and between the City of Stillwater, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County". WITNESSETH: WHEREAS, the County and City intend to construct and maintain a roadway interchange at the intersection of Trunk Highway (TH) 36 and Manning Avenue in the City of Stillwater, herein referred to as the "Project" and shown in Exhibit A; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these transportation improvements; and NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this Agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this Agreement and Exhibit A (Project Location Map) and Exhibit B (Post -Project Right of Way Map). B. MAINTENANCE/OWNERSHIP 1. Upon completion of the project, the City shall own and maintain the following under this project: a. Municipal Utilities, including sanitary sewer, water main, and roadway lighting. b. Storm sewer. The City shall own and maintain the storm sewer trunk line and catch basin and leads on its City right-of-way existing or constructed under this project. c. Signing. All permanent roadway signing on City roads will be controlled by the City. d. Curb and gutter. The City shall own and maintain all curb and gutter on its City right-of-way existing or constructed under this project. e. Pavement. The City shall own and maintain all pavement on its City right-of-way existing or constructed under this project. f. Corridor boulevards. The City, at their expense, may, but are not required to, perform corridor boulevard mowing. g. Trails and pedestrian ramps including truncated domes located within the City right-of-way. h. Retaining Wall 3 from Joint #7 extending to the south in the City of Lake Elmo. 2. Upon completion of this project the County shall own and maintain the following under this project: a. Storm sewer. The County shall own and maintain the storm sewer trunk line and catch basin and leads on its County right-of-way existing or constructed under this project. b. Signing. All permanent roadway signing on County roads will be controlled by the County. c. With respect to the constructed corridor boulevard, the County will mow the corridor boulevards a minimum of twice per year. d. Curb and gutter. The County shall own and maintain all curb and gutter on its County right-of-way existing or constructed under this project. e. Pavement. The County shall own and maintain all pavement systems on its County right of way Page 1 of 3 DocuSign Envelope ID: 70E62045-9733-4BD4-9AOC-7C1 D14FOEB4E existing or constructed under this project. f. Trails and pedestrian ramps located within the County/State right-of-way: The City, at their expense, may, but are not required to, perform snow removal and trail sweeping. The County will own and perform major maintenance of trails and pedestrian ramps. Major maintenance shall include repair and/or replacement of pedestrian ramp panels and failing trail or sidewalk segments. 3. All maintenance required to be performed by this Agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. 4. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. 5. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure for work within the other party's right-of-way. 6. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this Agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. E. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this Agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this Agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. la. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute Page 2 of 3 DocuSign Envelope ID: 70E62045-9733-4BD4-9AOC-7C1D14FOEB4E 471.59, subdivision la. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County -owned property. G. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this Agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF STILLWATER Chair Date Mayor Date Board of Commissioners Kevin Corbid Date City Clerk Date County Administrator Approved as to form: ,--DocuSigned by: . I. O aJ 36bAb1 4CbOO42A... 2/25/2021 Approved as to form: Assistant County Attorney Date City Attorney Date Page 3 of 3 DocuSign Envelope ID: 70E62045-9733-4BD4-9A0C-7C1D14FOEB4E FOREST LAKE ; MAY ' TOWNSHIP COTTAGE, GROVE CSAH 15 (MANNING AVE N) & TH 36 INTERCHANGE PROJECT Exhibit A - Location Map - Page 1 of 1 T I L. I 1 f i $ i ,,,, ri i 71 NT • A OAK PARK HEIGHTS CLOVERDALE LAKE Washington Iv County 7 DocoSign Envelope ID. 70E62045-9733-4BD4-9A0C-7C1D14F0EB4E 0000\10207\CAD_B IM\Graphics\RO W LEGEND MNDOT OWNED RIGHT OF WAY CITY OF STILLWATER OWNED RIGHT OF WAY CITY OF LAKE ELMO OWNED RIGHT OF WAY WASHINGTON COUNTY OWNED RIGHT OF WAY CL WB TH 36 EB TH 36 ITY OF GRANT Q EB 60TH ST N ITY OF LAKE ELMO. SCALE IN FE SB MANNING AVE RWALL 1(24' GIP) �•. ;.:`: s<�"`� DINT Ali rL NW RAMP A SW RAMP E RWALL 3 124' MsiE MSE/CIP TRANSITION JOINT WT RWALL 3 (25' CIP) EA SUBJECT TO CHANGE WITH TURF DEVELOPMENT PLANS G_ NB MANNING AVE Y RWALL 2 i22' CIP) COUNTY OWNED/NAINTAINED WALL ON MNDO1 R/W CITY OF STILLWATER GL NE RAMP STILLWATER TOWNSHIP AREA SUBJECT TO CHANGE FUTURE DEVELOPMENT PLA Exhibit B - Post -Project Right of Way Map - Page 1 of 1 OA•, LODCATION OF XCEL POWE LINES/TONERER S. CITY OF OAK PARK HEIGHTS ROW ASSUMPTIONS) PROPOSED ROW WAS PLACED BASED ON) 1. THE ROADWAY CONSTRUCTION LIMITS INCLUDING LIMITS TO THE TOE OF SLOPE AND BACK OF DITCH. 2. 10 FEET FROM THE FACE OF RETAINING WALLS FOR MAINTENANCE REQUIREMENTS. ALL WALL HEIGHTS WERE MEASURED FROM THE MAX STEM HEIGHT BASED ON THE EXISITNG OR FUTURE GROUNDIINE. Ng PROPOSED RIGHT OF WAY TH 36/Manning Avenue Interchange Jon N10207 Washington County, MN 11/1812020 Figure 1 MEMORANDUM TO: Mayor and City Council I<. r. FROM: Reabar Abdullah, Assistant City Engineer DATE: April 2, 2021 SUBJECT: 2021 Sidewalk Rehabilitation Project DISCUSSION: It is proposed to have a sidewalk rehabilitation project in 2021. An amount of $50,000 has been budgeted for this year's project. Sidewalk replacements are paid 50% from City funds and 50% from assessments to the adjacent property owners. Sidewalks to be included in the project are those that are severely cracked, heaved, settled, or misaligned, such that they may cause people to trip. We will focus on areas in Liberty Square, Heritage Park, Settlers Glen, 6th Avenue, and individual requests by residents, these areas are not included in this year's street improvement project. In order to proceed with the project this year, the first step is for Council to authorize staff to prepare a feasibility report. RECOMMENDATION: It is recommended that Council consider a Sidewalk Rehabilitation Project for 2021 and authorize staff to prepare a feasibility report. ACTION REQUIRED: If Council concurs with the recommendation they should pass a motion approving RESOLUTION 2021- RESOLUTION ORDERING PREPARATION OF REPORT FOR THE 2021 SIDEWALK REHABILITATION PROJECT (PROJECT 2021-06). City of Stillwater Washington County, Minnesota RESOLUTION 2021- ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2021 SIDEWALK REHABILITATION PROJECT (PROJECT 2021-06) BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 6th day of April 2021. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: April 2nd, 2021 RE: 2021 Street Improvement Project Project 2021-02 DISCUSSION The bid opening for the 2021 Street Improvement Project was Friday, April 2nd, 2021. The City received five bids with the lowest bid in the amount of $1,627,072.54 submitted by MPM Minnesota Paving & Materials, of Rogers, Minnesota. This was 14.5% lower than the engineer's estimate of $1,898,734.04 and is 12.5% lower that the Feasibility study construction estimate of $1,837,982.54. RECOMMENDATION It is recommended that the City accept the bids submitted for the 2021 Street Improvement Project, Project 2021-02, and award the contract, to MPM Minnesota Paving & Materials. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2021- ACCEPTING BID AND AWARDING THE CONTRACT FOR 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02). City of Stillwater Washington County, Minnesota RESOLUTION 2021- ACCEPTING BID AND AWARDING CONTRACT FOR 2021 STREET IMPROVEMENT PROJECT (Project 2021-02) WHEREAS, pursuant to an advertisement for bids for the 2021 Street Improvement Project, five bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER MPM Minnesota Paving & Materials, Rogers, MN Bituminous Roadways, N. St. Paul, MN T.A. Schifsky, North St. Paul, MN Miller Excavating, Inc., Baytown, MN Astech Corp., St. Cloud, MN Engineer's Estimate and BID AMOUNT $1,627,072.54 $1,719,655.42 $1,809,808.00 $1,828,902.96 $2,020,269.12 $ 1,898,734.04 WHEREAS, it appears that MPM Minnesota Paving & Materials, Rogers, MN, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with MPM Minnesota Paving & Materials, Rogers, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 6th day of April 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: April 2nd, 2021 RE: St. Croix Valley Sports Complex Improvement Project Project 2021-04 DISCUSSION The bid opening for the St. Croix Valley Sports Complex Improvement Project was Friday, April 2nd, 2021. The City received six bids with the lowest bid in the amount of $227,845.95 submitted by MPM Minnesota Paving & Materials, of Rogers, Minnesota to reclaim the pavement on the parking lot and repave with two layers of pavement. This was lower than the $300,000 budgeted by the City for the project. RECOMMENDATION It is recommended that the City accept the bids submitted for the St. Croix Valley Sports Complex Improvement Project, Project 2021-04, and award the contract, to MPM Minnesota Paving & Materials. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2021- ACCEPTING BID AND AWARDING THE CONTRACT FOR ST. CROIX VALLEY SPORTS COMPLEX IMPROVEMENT PROJECT (PROJECT 2021-04). City of Stillwater Washington County, Minnesota RESOLUTION 2021- ACCEPTING BID AND AWARDING CONTRACT FOR ST. CROIX VALLEY SPORT COMPLEX IMPROVEMENT PROJECT (Project 2021-04) WHEREAS, pursuant to an advertisement for bids for the St. Croix Valley Sport Complex Improvement Project, six bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT MPM Minnesota Paving & Materials, Rogers, MN $227,845.95 Bituminous Roadways, N. St. Paul, MN $242,690.21 T.A. Schifsky, North St. Paul, MN $266,417.25 Miller Excavating, Inc., Baytown, MN $276,616.66 Northwest Asphalt, Shakopee, MN $290,996.48 Park Construction Co. Minneapolis, MN $332,425.24 Engineer's Estimate $ 317,189.25 and WHEREAS, it appears that MPM Minnesota Paving & Materials, Rogers, MN, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with MPM Minnesota Paving & Materials, Rogers, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 6th day of April 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk LEVANDER, GILLEN & MILLER, P.A. ATTORNEYS AT LAW MEMO TIMOTHY J. KUNTZ ANGELA M. LUTZ AMANN KORINE L. LAND DONALD L. HOEFT BRIDGET McCAULEY NASON PETER G. MIKHAIL SCOTT M. LUCAS DAVID L. SIENKO TONA T. DOVE AARON S. PRICE CASSANDRA C. WOLFGRAM CASSANDRA J. BAUTISTA AMANDA J. JOHNSON TO: Honorable Mayor Ted Kozlowski and Members of the Stillwater City Council FROM: Kori Land, City Attorney DATE: March 30, 2021 RE: Authorize Representative to Attend Mediation and Enter into Binding Settlement Background: The City performed a street improvement project in 2019, which included Second Street North. After completion of the project, the city held an assessment hearing. Multiple property owners along Second Street North appealed the assessment to District Court, but at this point only five cases] remain. The five cases were "consolidated" by agreement. ("Consolidated" is used loosely, when in fact the parties stipulated to proceed with one case and have all parties be bound by the outcome of the single case, rather than potentially having 5 separate trials with the same fact pattern.) The assessment amount was $9,000 on each property. The matter is scheduled for mediation on Friday, May 14, 2021. All five property owners will be in attendance and they do not currently have an attorney representing them. The mediation will be held in Roseville at the mediator's office. Action Item: Authorize a representative of the City Council to attend mediation with the authority to enter into a binding settlement. I The five property owners who stipulated to this agreement are: Terry Danley, Tom O'Brien, Mary H. Russell, Joseph Samuelson, Myrlah Olson, and Jennifer and Robert Tuccitto. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 •651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN Washington -- County Fi BOARD AGENDA March 23, 2021 - 9:00 AM Because of the COVID-19 Pandemic and Emergency Declaration declared by the Governor of the State of Minnesota and Declaration of Local Emergency issued by the Washington County Board of Commissioners on March 17, 2020, some or all of the county board members may participate by video conference, telephone or other electronic means and the Board meeting will be conducted pursuant to and in compliance with Minnesota Statute 13D.021. The County Board meeting will be conducted at the regular meeting location of the Board Room, Washington County Government Center, 14949 62nd Street North, Stillwater, MN. Members of the public can attend the meeting in person, or view/monitor the meeting electronically from a remote location via live web stream. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, District 4 Lisa Weik, Chair, District 5 Members of the public who wish to share their comments or concerns on any issue that is the responsibility or function of Washington County Government, including the items that are listed on this agenda, may provide that comment via email at administration@co.washington.mn.us, or by telephone at 651-430-6001. Any comments of concerns shared, either prior to or during the board meeting, will be provided to each county commissioner. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the March 2, 2021, and March 9, 2021, County Board meeting minutes. B. Approval to appoint Jeneal Olsen, West Lakeland, to the Mental Health Advisory Committee as a NAMI Representative, to a partial first term expiring December 31, 2023. C. Approval to appoint Celia Wirth, Grant, to the Brown's Creek Watershed District to a partial first term expiring October 22, 2021. D. Approval to reappoint Klayton Eckles, Stillwater, to the Brown's Creek Watershed District to a second term expiring October 22, 2023. E. Adopt a resolution to endorse the President of the United States' proclamation that April 2021 is Child Abuse and Neglect Prevention Month. F. Washington County Child Protection Citizen Review Panel 2020 Annual Report. 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 Washington County is an equal opportunity organization and employer Washington County Consent Calendar continued G. Approve the tentative agreement for the 2021 Collective Bargaining Agreement with the Minnesota TEAMSTERS Public and Law Enforcement Employees Union Local No. 320 Probation Officers. H. Adopt a resolution for approval of the Minnesota Pollution Control Agency (MPCA) 2020 Local Recycling Development Grant (LRDG) Report and Application. I. Approval to apply for North Star Touring Club grant in the amount of $4,631 for the purchase of Nordic rocks cross-country skis for rental and program purposes at Cottage Grove Ravine Regional Park. J. 1. Approval of Permanent Use of Fund Balance in an amount not to exceed $74,700 from the Recorder's Equipment Fund 116 to fund two Special Project Land Survey Technician I positions. 2. Approval of two full-time equivalent (2.0 FTE) Land Survey Technician I Special Project positions in the Department of Public Works. K. Adopt a resolution to approve filing declaration for Metropolitan Council Grant SG-12408. L. Approve Grant Agreement No. 13993 between the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management Division, and the Washington County Sheriffs Office in the amount of $111,730. M. Approve Joint Powers Agreement No. 13949 with the City of Oak Park Heights, to provide fuel to the city for law enforcement services. N. Approve Agreement No. 13989 between Aviat Networks and Washington County, for phase two of the Public Safety Radio System microwave equipment project. O. Approve Grant Agreement No. 14007 between the Office of National Drug Control Policy and Washington County, in the amount of $96,530.00 for the period of January 1, 2021, through December 31, 2022. 4. 9:10 General Administration - Kevin Corbid, County Administrator A. Legislative Update B. Adopt a resolution to be submitted to the Minnesota Depai ruent of Natural Resources, a memorandum of understanding with Belwin Conservancy, and an agreement with the City of Afton for Land and Water Legacy Program Valley Creek Regionally Significant Ecological Area in Afton. 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 Washington County is an equal opportunity organization and employer Washington County General Administration continued C. Adopt a resolution for Land and Water Legacy Program Scott/Kampfer conservation easement project to be submitted to the Minnesota Department of Natural Resources. D. COVID-19 Hotel Sheltering Program staffing approval. 5. 10:30 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. 6. Board Correspondence 7. 10:45 Executive (Closed) Session - Administration A. Executive (closed) session pursuant to Minn. Stat. 13D.05, subd. 3(c), to review the appraisal for the property located at PID's 16.028.20.23.0005, 16.028.20.23.0006, 16.028.20.23.0007, 16.028.20.23.0011, 17.028.20.14.003 as it pertains to the purchase of conservation easements. 8. 11:05 Executive (Closed) Session - Administration A. Executive (closed) session pursuant to Minn Stat. 13D.05, subd. 3(c), to review the appraisal for the property located at PID's 09.031.20.22.0002, 09.031.20.23.0003, 09.031.20.24.0001 as it pertains to the purchase of conservation easements. 9. 11:25 Executive (Closed) Session - Administration A. Executive (closed) session pursuant to Minn Stat. 13D.05, subd. 3(c), to review the appraisal for the property located at PID's 09.031.20.22.0003 as it pertains to the purchase of conservation easements. 10. 11:45 Adjourn 11. 11:45-12:00 Break 12. 12:00 Board Workshop with Property Records and Taxpayer Services A. Review assessment year 2021/pay 2022 property valuations. 13. 12:30 Board Workshop with Public Works A. Update on the County's Cost Participation Policy #8001. 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 Washington County is an equal opportunity organization and employer