Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021-09-07 CC Agenda Packet
216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING September 7, 2021 REGULAR MEETING 4:30 P.M. I.CALL TO ORDER II. ROLL CALL III.OTHER BUSINESS 1.Superintendent Lansfeldt, Stillwater Schools Referendum 2.Preliminary 2022 Budget Workshop 3.Myrtle Street Apartments Landucci Homes City Land Purchase Request IV.STAFF REPORTS 4.Public Works Director 5.Police Chief 6.Fire Chief 7.Finance Director 8.Community Development Director 9.City Clerk 10.City Attorney 11.City Administrator 12.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 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.July 20, 2021 closed session minutes 14.August 10, 2021 regular and recessed meeting minutes 15.August 17, 2021 special meeting and regular meeting minutes 16.Payment of Bills 17.Boards and Commissions New Appointments 18.CPC 2021-46 Landucci Homes Appeal Denial – Resolution 19.Harvest Fest Temporary Liquor License Application 20.Limited Term Employment for a Human Resources Specialist Confidential – Resolution 21.Marylane Gateway Addition Development Agreement Amendment #1 – Resolution Page 2 of 2 City Council Meeting Agenda September 7, 2021 22. MnDOT Limited Use Permit for Decorative Lighting on Historic Lift Bridge – Resolution 23. Rivertown Fall Art Festival Event Contract 24. SHPO CLG Grant Contract Amendment – Resolution XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 25. CPC Case No. 2021-47 to consider a request by HealthPartners Stillwater Clinics for a Zoning Text Amendment to allow an Emergency Medical Services (EMS) garage to be located in the BP-I zoning district. Notices mailed to affected property owners and published in the Stillwater Gazette on August 13, 2021. – Ordinance 1st Reading 26. Case 2021-30 to consider a Zoning Text Amendment for the creation of a Neighborhood Commercial Zoning District. Notices published in the Stillwater Gazette on August 20, 2021 – Ordinance 1st Reading 27. To consider adoption of Enabling Resolution establishing an Economic Development Authority (EDA) in the City of Stillwater. Notices published in the Stillwater Gazette on August 27 and September 3, 2021 – 2 Resolutions XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 28. 304 Hazel Street East Encroachment License Request – Resolution 29. 2021 Street Project Declare Costs and Order Hearing on Assessments – 2 Resolutions 30. Background Checks Ordinance Amendment – Ordinance 1st Reading 31. Fire Code Ordinance Amendment – Ordinance 1st Reading 32. Nuisance Ordinance and Fee Schedule Amendment – Ordinance 1st Reading, Resolution 33. Stillwater Harvest Fest Event Contract and Fee Waiver Request 34. Legal Services Agreement with LeVander, Gillen & Miller P.A. for 2022-2026 – Resolution 35. Prosecuting Attorney Amendment Agreement with Kelly & Lemmons, P.A. for 2022-2026 – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS A&K Construction Metal plates 860.00 Accurate Radar Specialties Radar unit calibration 560.00 Action Rental Inc. Concrete and mixing trailer 250.00 Advance Auto Parts Equipment repair supplies 1,274.05 Advanced Sportswear Polos 315.00 Amdahl Locksmith Inc Chris Service call & keys cut 114.65 ASCAP Music License 11.08 Aspen Mills Badges 132.50 AT&T Mobility Cell phone 86.28 Baker David Refund of Parking Permit 30.00 Battery I 1st US Artillery Cannon Demonstration July 4 2,150.00 BHE Community Solar Solar Energy 5,916.43 Boyer Trucks Equipment repair supplies 14.78 Carahsoft Technology FedRamp Business license 2,700.00 CBL Floors Flooring supplies 1,180.00 CDW Government Inc. Supplies & equipment 2,806.00 Century Link Telephones 487.03 Century Power Equipment Supplies 128.30 Cintas Corporation Uniforms & mat cleaning service 765.45 City of St. Paul Training 150.00 Clifton LarsonAllen LLP Audit 2,875.00 Coca-Cola Distribution Beverages for concessions 686.82 Comcast TV Internet & Voice 480.93 Core & Main Hydrants & supplies 3,723.70 Dalco Supplies 3,640.80 DCA Title Dock Cafe 200.00 Display Sales Co. US Flags 413.00 Dive Rescue International Inc Tuition - Dive Rescue I 1,125.00 ECM Publishers Public hearing publications 247.00 Emergency Automotive Marked patrol 3,958.34 Ferguson Waterworks #2518 Water meters 1,100.00 Flexible Pipe Tool Co. Equipment repair supplies 287.10 Frontier Ag & Turf Equipment repair supplies 67.91 Fuhr Trenching Brick St Pond cleaning 4,700.00 Fury Motors Vehicle repair 153.02 Golden Expert Services Janitor Service 3,700.00 Goodyear Commercial Tire Tires 1,069.70 Gopher State One Call Inc. Locates 417.15 Grafix Shoppe Graphics for black & white 2021 Ford Explorers 2,625.00 Grainger Supplies 686.53 Guardian Supply Uniforms 3,045.65 Hardwood Creek Lumber Inc. Pine lath 270.00 Heritage Embroidery & Design Uniforms 2,456.00 Heritage Printing Inc. Printing service 191.55 HM Cragg Equipment repair 2,036.02 Holiday Companies Vehicle washes 365.00 Hotsy Equipment of Minnesota Repair charges 250.60 Ice Sports Industry Membership 69.00 Iceman Industries Inc. Liquid dust control 2,250.00 Page 2 Indy Painting Painting & lift rental 8,948.00 Instrumental Research Water testing 200.00 Interstate PowerSysterms Equipment repair supplies 779.00 Jaytech Inc Bellacide 289.60 Jefferson Fire and Safety Inc. Supplies 1,377.61 Kirvida Fire Inc. Fire Tanker repair 1,206.88 Kraft Mechanical Exhaust fan replacement 3,450.00 Lakeview Hospital Legal blood draw 50.00 Lawson Products Hardware for Teddy Bear Park 178.72 Lemoine Chyrisse Reimburse for SWAT uniforms purchased 286.00 LeVander Gillen Miller PA Professional Services 15,911.00 Lindstrom Solar LLC Solar Energy 8,115.00 Loffler Companies Copier lease 204.32 Mansfield Oil Company Fuel 8,651.03 Marshall Electric Company Electrician service 979.00 McDonough's Sewer Service Equipment repair charges 1,970.62 Menards Supplies 1,308.87 Metro Sales Inc. Copier Lease 44.00 Metropolitan Council Monthly SAC 22,141.35 Metropolitan Mechanical Contractors Maintenance Agreement 896.50 MidAmerica Inc Waste Processing 1,625.88 Miller Excavating Road repair 398,013.68 Minnesota Sodding Company Mobilization & soccer layouts 982.83 MN Chiefs of Police Assoc. Permits to acquire handgun 39.00 MN Pollution Control Agency Registration - Collection System Basic 390.00 MP Nexlevel LLC Locating 1,860.00 MSP Outdoor Services Inc Mowing service 370.00 Municipal Builders Well # 9 Generator Project 25,782.23 Municipal Emergency Services Supplies 1,198.50 Municode Supplement pages 762.40 My Alarm Center Alarm Monitoring Services 105.12 Northern Bedrock Historic Preservation Corps Base program fee 2,000.00 Northern Technologies Professional services Neal Ave Project 604.20 Office Depot Office supplies 467.92 OnSite Sanitation Portable Restroom 3,148.07 Overhead Door Co Building repair 1,199.27 PERA City PERA - Joan Larson 406.57 Performance Plus LLC Drug Screen 90.00 Pomps Tire Service Inc. Tires 317.25 Praxair Ditribution Cylinders 60.85 Quadient Leasing Postage machine lease 455.01 Quill Corporation Office supplies 333.58 R&R Specialties Inc. Equipment repair supplies 644.00 RES Specialty Pyrotechnics Inc. Fireworks 42,000.00 Rink Systems Inc. Equipment repair supplies 2,792.80 Robole Donna Reimburse for conference lodging 366.02 Roettger Welding Inc. Fabricated triangles 294.00 Safe Fast Inc Supplies 854.26 SEH Inc Maryknoll traffic study 8,919.71 Sentry Systems Inc. Alarm monitoring 140.85 Sharp Auto Parts LLC Equipment repair supplies 75.00 Page 3 SHI International Corp Barracuda 2,760.00 Sigler Timothy Tim Sigler Band at Lift & Loop 3,000.00 Simplifile LC Filing fee 50.25 SiteOne Landscape Supply Supplies 348.64 St. Croix Boat and Packet Co. Arena Billing 62,542.16 St. Croix Recreation Fun Playgrounds Tables & bench 18,841.80 State of Minnesota Decals 12.00 Stillwater Motor Company Vehicle service 46.74 T.A. Schifsky and Sons Asphalt 6,202.74 Taylor Electric Equipment repair supplies 7,436.00 TKDA Wellhouse vulnerability study 1,245.13 Total Parking Solutions Inc. Receipt paper 355.00 Tri-State Bobcat Equipment repair supplies 1,781.67 True North Consulting Group Operations review 6,212.50 Uline Inc Supplies 5,767.88 United Rentals Inc Equipment repair supplies 145.35 Verizon Wireless Wireless Service 2,738.69 Walls Ken Reimburse for Apple Ipad 559.99 Walmart Community Fun pops Night to Unite 48.87 Wasche Commercial Finishes Paint smaller shelter at Washington Park 8,980.00 WWGoetsch Associates Inc Installed new volute & front head 4,949.05 Xcel Energy Street Lighting 52,756.57 LIBRARY Amazon Business Materials & Supplies 640.82 Art Reach St. Croix Valley Concert Winds 100.00 Blackstone Audio Materials - Audio (SAAB)249.77 Brodart Co Materials 4,400.48 Card Source Library Cards 578.63 CDW Government Inc. Monitor 209.65 Cintas Corporation Towels & Rugs 178.20 Cole Papers Paper Products 111.78 Comcast Internet - August 188.06 Culligan of Stillwater Water 53.05 Menards Supplies 29.62 Midwest Tape Materials 1,115.21 Minitex RFID Tags 1,197.00 Office of MN IT Services Phone - July 148.35 Otis Elevator Company Elevator Service 618.06 Scholastic Inc Programs 263.81 Tan Ni Programs 350.00 Zoobean Inc Programs 995.00 Page 4 ADDENDUM Access Shredding 179.80 Ace Hardware Supplies 690.41 Boucher Lara Dog license refund 20.00 Century Link Wellhouse SCADA System 727.49 Comcast Internet 376.88 DERO Cycle stalls 6,037.86 Kelly & Lemmons Professional Service 8,333.00 Livermore Linda UB Refund 55.82 Mejia Caitlin Park Fee Refund 125.00 Stebbins Richard Dog license refund 20.00 Traffic Safety Store Flares 520.92 Voyant Telephone 551.04 Weid Elyse Park Fee Refund 135.00 JULY CREDIT CARDS Amazon.com Bulbs for pendant lights 887.53 AnyPromo.com Membership 908.39 City of Cottage Grove Training 375.00 Cub Foods Grocery supplies - catalytic converter event 20.46 Deslauriers Cylinders for Neal Project 153.64 Discount Playground Supply 10 new swings 858.65 Dropbox Drop box 450.00 Ebay Adaptor for truck laptop water meter reader 43.95 Facebook.com SPD Social media fees 10.00 Fun Jumps 1st half dunk tank for Night to Unite 267.50 Government Finance Off Assoc. Certificate of Achievement Review 460.00 Grand Pizza & Catering Lunches for catalytic converter event 50.35 Green Light Depot Light fixtures 359.70 Kwik Trip Coffee for catalytic converter event 17.12 League of MN Cities Training - Ashley Social Media Data Practices 30.00 Liberty University Executive fire officer class 1,383.75 Rosette Text Analytics Training - Wulfing 495.00 Shaw HR Consulting Training - Americans on Disabilities Act 299.00 Wolf Marine Inc. Fuel for boat 162.63 JULY LIBRARY CREDIT CARD Dream Host Website Hosting 21.45 Kahoot! AS Programs - YA (SPLF)120.00 Kari's Create & Paint Studio Programs - Adult SRP (SPLF)40.00 Mobile Beacon Materials - Hotspots (SPLF)1,320.00 TOTAL 861,024.73 Adopted by the Stillwater City Council this 7th day of September, 2021 Mayor Ted Kozlowski Date: September 7, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Data Request Fees A majority of all data requests are now done via email instead of hard copies and also a majority of our city records are stored electronically. Staff reviewed the Minnesota State Statue regarding data requests in regards to electronically stored pdf’s. The fees listed in the City Data Practices Policy are correct however the fee schedule inadvertely didn’t match the policy or the State Statue. Therefore the fee schedule needs to be amended to provide clarity on the cost to retrieve and provide electronically store data. ACTION REQUIRED: Council should pass a motion adopting RESOLUTION AMENDING RESOLUTION 2021‐ 002 ADOPTING 2021 FEE SCHEDULE REVISED City of Stillwater Washington County, Minnesota RESOLUTION 2021‐122 RESOLUTION AMENDING RESOLUTION 2021‐002 ADOPTING 2021 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2021-002 entitled “Resolution Adopting 2021 Fee Schedule” on January 5, 2021; and WHEREAS, on April 6, 2021 the City Council adopted an Ordinance for issuing administrative citations for nuisance violations; and WHEREAS, the appropriate administrative citation violations and fines have been established; and WHEREAS, a correction on the fee schedule is needed to align the cost of electroncially stored data with the City’s Data Practices Policy and Minnesota State Statute; and NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, hereby approves the attached revised 2021 Fee Schedule. Adopted by the Stillwater City Council this 7th day of September, 2021. CITY OF STILLWATER ____________________________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Beth Wolf, City Clerk 2021 Fee Schedule Page 1 of 13 09/07/2021 City of Stillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 FEE SCHEDULE Approved January 5, 2021 – Revised April 6September 7, 2021 I. COMMUNITY DEVELOPMENT FEES: Fee Escrow Planning Fees And Escrows The following fees are applicable for all requests submitted to the Downtown Parking Commission, Heritage Preservation Commission, Planning Commission and/or City Council. Technology Fee $25 Appeals $50 County Filing Fee $501 1The County recording fee applies to any request that requires a document(s) to be recorded at Washington County, ie, easements, resolutions, deeds, agreements, variances, use permits, etc. This recording fee does not apply to land subdivision or land development requests since an escrow is collected to cover that cost. Pre‐Development Applications Escrow amounts listed herein are minimum requirements. Annexation Permit 0-10 acres $1,000 10+ acres $2,000 Comp Plan Amend 0-5 acres $1,000 $500 6-40 acres $2,500 $5,000 41-80 acres $5,000 $5,000 over 80 acres $7,500 $20,000 Lot Line Adjustment $25 $50 Planned Unit Development (PUD) Concept Plan 0-5 acres $3,000 $5,000 6-40 acres $5,000 $5,000 41-80 acres $7,500 $10,000 over 80 acres $10,000 $10,000 Final 0-5 acres $1,000 6-40 acres $2,000 41-80 acres $3,000 over 80 acres $5,000 Subdivision Preliminary Plat 0-5 acres $500 + $100 per lot $2,500 6-40 acres $1,000 + $100 per lot $5,000 41-80 acres $2,000 + $100 per lot $7,500 over 80 acres $5,000 + $100 per lot $10,000 Final Plat 0-5 acres $500 6-40 acres $1,000 41-80 acres $2,000 over 80 acres $5,000 Resubdivision $250 $200 Administrative Subdivision $50 $100 Tax Increment Financing App. Fee $5,000 2021 Fee Schedule Page 2 of 13 09/07/2021 Planning and Zoning Use Permit Applications Fee Escrow For applications requiring an escrow, escrow amounts are dependent on project location, site condition and type of development. This is noted as ‘TBD,’ below. Zoning Amendment (text or map) 0-5 acres $500 $500 6-40 acres $2,500 $2,500 41-80 acres $5,000 $5,000 over 80 acres $7,500 $10,000 Beekeeping Permit (2 year permit) $50 – Renewals without changes have no fee Chicken Keeping Permit (2 year permit) $50 – Renewals without changes have no fee Conditional/Special Use Permit – Residential $150 – Non-Residential $450 TBD Home Occupations – Type 1 $25 – Type II & Type III $200 Seasonal Outdoor Sales $50 Renewal with no changes $25 Renewal with changes $50 Misc. Planning and Zoning Permit Applications Fence Permit $25 Sign Permit $50 Variance - Residential $150 - Non-Residential $450 TBD Zoning Letter $100 Bed & Breakfast Inspection $100 Certification of Compliance $100 Use Determination $500 Legal Non-conforming Use Change $500 Tree Cutting Permit $25 Short Term Home Rental License (valid 3 years) $300 Additional Inspection (1st inspection included in license fee) $150 each Encroachment Permit $50 Heritage Preservation Commission Applications Design Permit $25 Building Demolition Permit $150 Infill Design Permit $150 II. BUILDING FEES: Fee Contractor License (per year) $100 Contractor License Verification $5 Lead Certification/Verification $5 III. ENGINEERING FEES: An Escrow shall be established as indicated above to cover engineering and legal fees incurred by the City as part of the plan review. This is noted as ‘TBD,’ below. 1) The fee shall be doubled for after‐the‐fact permit applications. 2) The Uniform Building Code establishes a fee schedule for grading permits. 2021 Fee Schedule Page 3 of 13 09/07/2021 Engineering Development Fees Fee AUAR Single Family $3,787.07/acre Multi-family/Commercial $7,584.15/acre Trunk Sewer and Water Phase III Annexation $18,960.25/acre Long Lake East $10,663.46/acre Long Lake West $16,069.66/acre Middle Trunk A $6,772.82/acre Boutwell East $15,103.76/acre Boutwell West $11,671.78/acre Park & Trail Fee See Ordinance 963 Engineering Permits Grading Permit - Residential $150 $1,500 - Non-Residential $500 $5,000 Obstruction Permit (for two week period) $90 Right-of-Way Permit Fee Hole: $150.00 per hole Trench: $150.00 plus $0.40 per lineal foot of trench Boring: $150.00 plus $0.40 per lineal foot of boring Non-excavation (Obstruction): $50.00 plus $0.06 per lineal foot Extension: $25.00 plus $25.00 per week of extension Penalty: 2 times the amount of standard permit Degradation: To be calculated by City (see below for estimates) Degradation fees – homeowners are exempt on repairs to existing sewer and water services in the right-of-way. Degradation Fee Estimates For Bituminous Street: New Street - 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot Degradation Fee Estimates For Bituminous Pathway: New Path - 0 to 5 years $1.50 x path width x length Existing Path - 5 years old to 5 year plan $1.00 x path width x length Path to be reconstructed in next 5 years $0.50 x path width x length Additional Engineering Charges Fee Escrow Sewer & Water Hookup Sanitary Sewer $4,588.37/unit Water $4,588.37/unit Public ROW or Pubic Easement Vacation $350 Small Wireless Facility $50/device $5,000 IV. FINANCE FEES: Fee Assessment Searches $25 Assessment Roll Copy (each) $25 Mowing & Snow Removal Services In addition to contractual services. One time service call or first reoccurring service call $100 2021 Fee Schedule Page 4 of 13 09/07/2021 Fee Second service call and each additional reoccurring service calls $50 NSF Checks or denial of ACH Fee Maximum allowed by law. Sanitary Sewer Rates - Per Quarter First Minimum Charge $64 Overage Charge $10 Penalty/Late Fee $25 Sign and Lighting - Per Quarter Residential $8 Non-Residential Based on acreage. Storm Sewer Rate - Per Quarter $11.75 Parking Violation Late Fee $25 V. FIRE INSPECTION: Fee Annual license for retail sales of consumer fireworks $100 Fireworks Display Permit (Pyrotechnics) (Ord. 943) $100 Automatic fire extinguishing systems 1.2% of value, $100 minimum Fire alarm systems 1.2% of value, $100 minimum Open burning permit $20 Residential daycare and foster care inspection $50 Tank removal permit $75 Yearly nuisance/false alarm fees* – Residential $0 1-2 *False alarm fees based on calendar year and per call basis $75 3-4 $150 5-6 $300 7-8 $400 9 + Yearly nuisance/false alarm fees* – Commercial $0 1-2 *False alarm fees based on calendar year and per call basis $90 3-4 $180 5-6 $360 7-8 $425 9 + VI. MISC. ADMIN FEES: Fee Prepared Maps ‐ Black/White/Blue Line As-built Drawings (11 x 17) $10 minimum or $3 per page City Map (8.5 x 11) $2 City Map (11 x 17) $2 Land Use Map (11 x 17) $4 Zoning (8.5 x 11) $2 Zoning (11 x 17) $4 Prepared Maps ‐ Color City Map (8.5 x 11) $2 City Map (11 x 17) $2 Land Use Map (11 x 17) $7 Parcel Map and Topographic Maps Available through Washington County Zoning Map (8.5 x 11) $5 2021 Fee Schedule Page 5 of 13 09/07/2021 Zoning Map (11 x 17) $7 Data Practices Requests Fee Electronically Store Data (pdf) Copies, Transmittal, 100 or fewer pages of letter or legal size 25¢ per page Actual Cost (minimum rate is $27 per hour) Paper Copies (black and white), 100 or fewer pages letter or legal size 25¢ for a one-sided copy 50¢ for a two-sided copy Paper Copies (color/prints) per side 8.5 x 11 (1-5 pages) $2.00 8.5 x 11 (6-50 pages) $1.75 8.5 x 14 (1-5 pages) $2.50 8.5 x 14 (6-50 pages) $2.25 11 x 17 (1-5 pages) $3.00 11 x 17 (6-50 pages) $2.75 Data on CD/DVD/Flash Drive (this does not include copy costs) $15.00 Data Practices Research Deposit $300.00 Copies or Electronic Transmittal of more than 100 pages or Other Types of Copies = Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email or via Dropbox or similar program). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, Flash Drive, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher-paid employee (Department Heads, Managers) to search for and retrieve the data , we will calculate the search and retrieval portion at their rate. Note: Fee must be paid before sending any electronic data information. Publications/Minutes/Agendas Fee Budget Book $25 City Code Book Unbound $100 City Code Book Bound $125 Comprehensive Plan printed & bound $75 Comprehensive Plan CD $15 Design Manual $5 Downtown Plan $10 Financial Report $50 Mailed agendas – per year $20 + Postage Mailed minutes – per year $60 + Postage Zoning Book $25 Other Services Copies (B/W) per side (8.5 x 11) .25¢ 2021 Fee Schedule Page 6 of 13 09/07/2021 (8.5 x 14) .50¢ (11 x 17) .75¢ Copies (Color/Prints) per side Fee (8.5 x 11) (1-5 pages) $2 (8.5 x 11) (6-50 pages) $1.75 (8.5 x 14) (1-5 pages) $2.50 (8.5 x 14) (6-50 pages) $2.25 (11 x 17) (1-5 pages) $3 (11 x 17) (6-50 pages) $2.75 Data on CD/DVD/Flash Drive copies $15 City meetings available on DVD through Valley Access Channels at 651‐430‐2921 Solid Waste, Recycling and/or Roll‐off Hauler License Fee Per Year Commercial Property (including roll-off) $300 Residential Property (including roll-off) $300 Roll-off Only $50 Liquor & Tobacco Licenses Fee Per Year On-Sale $2,887.50 On-Sale Club $446.25 On-Sale Sunday $200 Off-Sale $200 On-Sale Wine $315 On-Sale Wine w/Strong Beer $477.75 On-Sale 3.2% Malt Liquor $162.75 Off-Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off-Sale $200 Brewers Tap Room On-sale Sunday $200 Consumption & Display $250 initial + $250 Payable to AGED 2 A.M. On-Sale $200 initial + $200 Payable to AGED Micro Distiller Cocktail Room $2,887.50 Micro Distiller Off-Sale $200 Permit to Consume $35 per day Temporary Liquor License Fee (12/year on-sale) $25 per day Temporary Liquor License Fee (3.2% unlimited) $25 per day Annual Investigation (Liquor & Tobacco) $150 Initial Liquor Investigation Fee $300 Initial Tobacco Investigation Fee $250 Tobacco License $250 per year Liquor & Tobacco License Violation Appeal $100 + Hearing Officer Fee ($90 hr) Pawn Broker Fee $5,000 + $200 monthly fee for computer access charges VII. STILLWATER PARK FEES: Park Facilities (Picnic Shelters, Gazebos, Pergolas) $100 refundable damage deposit plus one of the following fees: $50/day for Stillwater city resident $100/day for non-Stillwater city resident 2021 Fee Schedule Page 7 of 13 09/07/2021 Ball fields (for tournaments): $300 fee & refundable damage deposit $150 Preparation of Ball fields Fee Lower Lily Lake field $20/game Upper Lily Lake field $15/game Public Works Field $15/game Baseball & Softball $15/game Lacrosse or Soccer $20/application Football $25/application (All City Fields with the exception of Lower Lily Lake field which is $20/game) Park Open Space A $100 refundable damage deposit and $50/day for non-Stillwater city resident Pioneer Park Bandshell and Lowell Park Amphitheater $100 refundable damage deposit and $125/day fee for residents and nonresidents. All groups, including not‐for‐profit groups and educational institutions must pay to use the Bandshell and Lowell Park Amphitheater (anytime). Teddy Bear Park Building Rate Schedule A $100 refundable damage deposit per floor is required plus the following: Mon‐Thurs Resident Non-Resident Non-profit Group For-Profit Group First 3 hrs. (1st floor) $50 $80 $50 $80 Add’l hour (1st floor) $15 $25 $15 $25 First 3 hrs. (2nd floor) $40 $60 $40 / $10* $60 Add’l hour (2nd floor) $10 $15 $10 / $5* $15 *Rate based on a minimum of 10 meetings per year with no food at the meeting. Fri‐Sun Resident Non-Resident Non-profit Group For-Profit Group First 3 hrs. (1st floor) $90 $160 $90 $160 Add’l hour (1st floor) $25 $45 $25 $45 First 3 hrs. (2nd floor) $70 $125 $70 $125 Add’l hour (2nd floor) $20 $35 $20 $35 Tree Contractor License Fee $100/year Events & Special Events All groups, including not‐for‐profit groups and educational institutions must pay deposits and rental of amenities when holding any event. Event permit fees for city services will be limited to the city’s out‐of‐pocket expenses attributable to the event. Out‐of‐pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event. Event Application Fee $0 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Event Application - Late Fee $100 Event Fees (Defined): 2021 Fee Schedule Page 8 of 13 09/07/2021 Event Special Event Special Event With Contract No event base fee required $500 per day* Base Fee $500 per day* - subject to negotiated contract provisions. Events with Routes – No participant fee required Events with Routes – $1 per registered participant Events with Routes – $1 per registered participant $100 refundable damage deposit if using a park $1,000 Security Deposit $1,000 Security Deposit subject to negotiated contract provisions. *Per Day includes each day of event. Separate load‐in day fee of $500/day will apply. Police Services Fee Police Dept. Personnel/Officers Overtime Rate – 2 hr. Minimum Police Reserves $15 per hour – 2 hr. Minimum Fire Department Personnel Overtime Rate – 2 hr. Minimum Fire Department On-Call Personnel $15 per hour – 2 hr. Minimum Materials Barricade 4’ to 12’ Saw Horse (No Flasher) $2/barricade/each day of event Barricade 4’ to 12’ Saw Horse (With Flasher) $5/barricade/each day of event Type III Barricades $5/barricade/each day of event Drums $1/drum/each day of event Electrical use (Lowell Park) $20/per elec. box/each day of event Electrical use (Parks, except Lowell Park) $10/each day of event PD No Parking Signs $3/sign/each day of event plus labor if after normal business hours Picnic Tables $10/table/each day of event Portable toilet – Handicapped $150/event/unit Portable toilets $60/event/unit Additional Service $25/unit/service Reflective Cones $1/cone/each day of event Refuse Collection Cost of staff time. Traffic Sign on stand $2/sign/each day of event Trash Containers $8/container/each day of event VIII. PARKING FEES: Downtown Parking Rental Rates ‐ Peak Season (May through October) Weekday1 Weekend1 Lot 1 $15/day/space2 $15/day/space2 Lot 2 $9/day/space3 $9/day/space3 Other paved city lots $1.50/day/space4 $3/day/space4 Unpaved city lots $1/day/space4 $1.50/day/space4 On-street parking (except on Main St5) $9/day/space $9/day/space Downtown Parking Rental Rates ‐ Off Season (November Through April) Weekday6 Weekend6 All lots: 3 hours or less Free - must be approved by Parking Commission Free - must be approved by Parking Commission All lots : > 3 hours $1.50/day/space $1.50/day/space On-street parking (except on Main St. 5) $3/day/space $3/day/space 1 Peak season weekday = Monday through Wednesday; Peak season weekend = Thursday through Sunday 2021 Fee Schedule Page 9 of 13 09/07/2021 2 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours = $5; >4 but <8 hours = $10; more than 8 hours = $15 3 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours = $3; >4 but <8 hours = $6; more than 8 hours = $9 4 This rate applies whether the space is used (or reserved) for a partial or full day. 5 On-street parking spaces cannot be reserved on Main Street. 6 Off season weekday = Monday through Thursday; off season weekend = Friday through Sunday Surface Lots Permit Parking: Fee Downtown ResidentalResidential Permit parking per vehicle (24/7) $20/month Downtown Business Permit parking per vehicle (no overnight parking) $20/month Parking Ramp: Fee Hourly Parking (Available daily, except during events) Weekday (Mon to Thurs 5 pm) $3/day Weekend (Thurs 5 pm to Sunday 11:59 pm) $5/day Business Permits Standard permit: weekdays 6 am to 6 pm (after 6 pm hourly rates apply) $20/month Extended Hours permit: weekdays to 9 pm (after 9 pm hourly rates apply) $25/month Hospitality Industry permit: valid to 6 am next morning $30/month Residential Permits 8 permits for Rivertown Commons residents $25/month 17 permits for other Stillwater residents $35/month Event Parking – Special Events: all day $10/day Parking Violations: Any violation not preceded by another parking violation the prior 90 days $25 Any violation preceded by one parking violation within prior 90 days $20 Any violation preceded by two parking violations within prior 90 days $30 Added to fine if not paid within 10 business days of issuance $25 IX. POLICE FEES: Audio Copy $15 Bicycle License $1 Annual Dog Pass – Resident $0 Annual Dog Pass – Non-Resident $10 Dog License or Pass Replacement Tag $5 Dog License - 3 year license $35 3 year license microchipped only $25 3 year license sterilized only $15 3 year license microchipped and sterlizedsterilized $5 Dog License - Lifetime license $105 Lifetime license microchipped only $75 Lifetime license sterilized only $45 Lifetime license microchipped and sterlizedsterilized $15 Lifetime licesenseelicensee holders must provide a copy of rabies vaccination every 3 years to the City of Stillwater Dog License - Potentially Dangerous $200 Dangerous $400 Dog Impound $50 Kennel $250 In-house Statistical Computer Run $25 2021 Fee Schedule Page 10 of 13 09/07/2021 Peddler Background Check per each individual or representative $15 Police Reports $0 Special Vehicle License $100 State Accident Reports $0 Video Copy $40 Police Services that DO NOT fall under Events Off-Duty Police Officers (paid directly to Officers) 3 hr minimum $50/hr Police Reserves (paid directly to Reserves) 3 hr minimum $20/hr X. VIOLATIONS: Fine Stillwater City Code Administrative Citations Animal – Wild or Dangerous Dog $20050 0 Sec. 27-5Ch. 27 Animal violations, general, including bees, chickens (except dangerous animals) $5055 Sec. 27-5Ch. 27, Ch. 31 Automobile fenders $60 Minn. Stat. §169.734 Auxiliary lights $60 Minn. Stat. §169.56 Bee Keeping violations $50 Sec. 27-3 Brakes $60 Minn. Stat. §169.67 Building Demolition violations of historic structures $10050 0/day Sec. 34-8Ch. 31-215 Bumpers, safeguards $60 Minn. Stat. §169.73 Certain lights permitted on old motor vehicles $60 Minn. Stat. §169.62 Chicken keeping violations $50 Sec. 31-514 (6) Clearance and marker lamps $60 Minn. Stat. §169.51 Composite beam $60 Minn. Stat. §169.61 Conducted on licensed premises/disorderly conduct, disorderly house, alcohol, etc. $50 Sec. 43-1 Minn. Stat. §609.72 Curfew $50 Sec. 52-11 Disposal of flammable waste into sewer system $100/d ay Sec. 29-8Ch. 29 Disposal of liquid waste into sewer system $100/d ay Sec. 29-7 Distribution of light $60 Minn. Stat. §169.60 Disturbing the peace $150 Sec. 52-1 Electronic sound system/audio equipment $100 Sec. 38-3 Fail to stop at a stop sign/line $60 Minn. Stat. §169.30(b) Failure to obtain a license, /registration (contractor, peddler, permit to consume (in parks), towing, seasonal outdoor sales, or short term home rental) registration or permit $25/da y$250 Sec. 41-1, 41-4(3); 48-4; 41-6; 41- 7, 41-8(3) Ch. 41, Ch. 43 Failure to obtain a liquor or tobacco license $100/d ay Sec. 41-2 (3) Flares, flags, or reflectors required $60 Minn. Stat. §169.75 Fire Code violations $100 Ch. 23 Garbage & Rubbish – failure to abide ordinance $25/da y Sec. 30-1-5Ch. 30 Garbage & Rubbish – improper storage $25/da y Sec. 30-1-5 2021 Fee Schedule Page 11 of 13 09/07/2021 Headlamps $60 Minn. Stat. §169.49 Horn, siren $60 Minn. Stat. §169.68 Identification lamps $60 Minn. Stat. §169.58 Lights for parked vehicles $60 Minn. Stat. §169.53 Lights on all vehicles $60 Minn. Stat. §169.55 Method of parking $50 Sec. 51-2 Motor vehicle noise limits $60 Minn. Stat. §169.693 Muffler $60 Minn. Stat. §169.69 Noise, noisy parties or gatherings $100 Sec. 38-2 Noise violations $150 Ch. 52 Number of lamps $60 Minn. Stat. §169.63 Open burning or leaves $100 Sec. 23-1, subd. 10 Possession of alcohol in public $75 Sec. 52-15 Parking violation $25 Ch. 51 Parking violation snow emergencies $50 Ch. 51 Prohibited lights; exceptions $60 Minn. Stat. §169.64 Prohibition; operating automobile with unsafe tires $60 Minn. Stat. §169.724 Projecting load; light or flag $60 Minn. Stat. §169.52 Public nuisance, general defined $75200 Sec. 38-1, subd. 2Ch. 38 Public nuisances affecting health $75 Sec. 38-1, subd. 2(1) Public nuisances affecting health, peace and safety $75500 Sec. 38-1, subd. 2(2)Ch. 38 Public health, safety, welfare violations (except as otherwise stated) $100 Ch. 52 Fine Stillwater City Code Public parks violationss: hours of operation, permitted activities $50 Sec. 48-5Ch. 48 Public waters violations $200 Ch. 35 Public parks: prohibited acts $50 Sec. 48-2 Public urination $50 Sec. 52-18 (Ord 1065) Rear lamps $60 Minn. Stat. §169.50 Rearview mirror $60 Minn. Stat. §169.70 Recreational vehicles violation $50 Sec. 51-7 Roller skates; skateboards $50 Sec. 51-8 ROW permit violations $100 Ch. 24 Safety glass $60 Minn. Stat. §169.74 Self-propelled devices violations $50 Sec. 51-8 Short Term Home Rental 1st verified complaint $250 Sec. 41-8 Short Term Home Rental 2nd Verified complaint $1,000 Sec. 41-8 Short Term Home Rental 3rd verified complaint $2,000 Sec. 41-8 Sign violations $75 Sec. 31-509 Slow-moving vehicle, sign required $60 Minn. Stat. §169.522 Snowmobiles $70 Sec. 51-6 Special & Conditional Use Permit violations $250/d ay Sec. 31-207Ch. 31 Specifications for lighting and other devices $60 Minn. Stat. §169.65 Speeding (1–9 mph over limit) $60 Minn. Stat. §169.14 2021 Fee Schedule Page 12 of 13 09/07/2021 State Building Code violations, general $10020 0/day Sec. 33-1-4Ch. 33 State Building Code violations, hazardous $500 Ch. 33 Stormwater violations $200 Ch. 35 Subdivision Ordinance violations $100 250 Sec. 32-1Ch. 32 Watering restriction violations $25 Ch. 28 Swimming Pool violations $100/d ay Sec. 33-2 Tire surface; metal studs $60 Minn. Stat. §169.72 Unreasonable acceleration/exhibition of speed $60 Sec. 51-3 (2) Vehicle signals $60 Minn. Stat. §169.57 Warning lights $60 Minn. Stat. §169.59 Wheel flaps on truck and trailer $60 Minn. Stat. §169.733 Windshield $60 Minn. Stat. §169.71 Winter parking; snow emergencies $50 Sec. 51-5 Zoning Ordinance violations, unless otherwise stated $100/d ay Sec. 30-102Ch. 31 Except as otherwise stated, all other violations of City Code $100 general Repeat Violations within 12 months (except parking violations) Double the amount of scheduled fine for the previous violation, up to a maximum of $2,000 Alcohol or Gambling Violations *Look back period for multiple offenses is no more than 5 years 1st Offense 2nd Offense 3rd Offense* 4th Offense After hours display or consumption of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation After hours sales of alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Commission of a felony related to the licensed activity Revocation N/A N/A N/A Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages 3 day Suspension 6 day Suspension 9 day Suspension Revocation Illegal gambling on premises 3 day Suspension 6 day Suspension 9 day Suspension Revocation Refusal to allow City Inspectors or Police admission to inspect premises 5 day Suspension 15 day Suspension Revocation N/A Sale of alcoholic beverages while license is under suspension Revocation N/A N/A N/A 1st Offense 2nd Offense 3rd Offense* 4th Offense Sale/purchase of alcoholic beverages to/by underage person $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Sales of alcoholic beverage to obviously intoxicated person $500 $750 + 3 day Suspension $1,000 + 9 day Suspension Revocation Tobacco Violations *Same licensed premises within 36 month period of first violation. 2021 Fee Schedule Page 13 of 13 09/07/2021 1st Offense 2nd Offense* 3rd Offense and subsequent* Refusal to allow City Inspectors & Police admission to inspect premises $300 $600 $1,000 and Revocation Sale/purchase to/by underage person $300 $600 $1,000 and Revocation Unlawful self service sale $300 $600 $1,000 and Revocation Unlawful vending machine $300 $600 $1,000 and Revocation All other tobacco violations $300 $600 $1,000 and Revocation XI. ST. CROIX VALLEY RECREATION CENTER RATES: Hourly Rates: Prime Time Non‐Prime Time Summer Ice Rec Center Ice $220/hour $165/hour $165/hour Lily Lake Ice $215/hour $165/hour $165/hour Full Field Hours $320/hour $260/hour $165/hour Half Field House $260/hour $190/hour $165/hour Outdoor Field $20/hour $20/hour $20/hour Other Rates: Open Skating $5/child $6/adult Open Field $5/child $6/adult 1 ORDINANCE _________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTIONS 38-6 AND 38-7 REGARDING NUISANCES AND SECTION 58 REGARDING ENFORCEMENT OFFICERS WHO CAN ISSUE ADMINISTRATIVE CITATIONS The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Sec. 38-6 of the City Code, Violations and Sec. 38-7, Abatement are hereby amended as follows: 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, or an administrative citation pursuant to City Code § 22-10, or a criminal prosecution pursuant to City Code § 21-9. (2) No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person’s control. 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: 2 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. (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. 3 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 a compliance letter for an abatement action by following the procedures set forth in City Code § 22-10 subd. 3. 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. AMENDMENT. Chapter 58 of the City Code, Issuance of Citations, is hereby amended as follows: Sec. 58-1. – Authorized issuers. Subd. 1. Except as otherwise provided by statute, any licensed peace officer of the State shall have the authority to enforce any provision of this code pursuant to city code Section 21-9. only a peace officer and part-time peace officer, if permitted by law, may: (3) Ask a person receiving a citation to give a written promise to appear in court; or (5) Take a person into custody as permitted by Minn. Stat. §629.34. Subd. 2. The following city individuals may issue administrative citations pursuant to city code Section 22-10:in lieu of arrest or continued detention for violation of this Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the city council. (1) Peace officers and part-time peace officers; (2) Community service officers; (3) Zoning administrator; (4) Building inspectorofficial; (5) Fire inspection officersChief, Fire Marshal, or designee; and (6) Parking enforcement officers.; (7) Code enforcement officers; (8) City Clerk; 4 (9) City Engineer or designee; (10) Community Development Director or designee; (1)(11) City Administrator or designee. SECTION 3. 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 clarifies that multiple methods of enforcement may be used for Ch. 38 nuisance violations, clarifies that nuisance abatement compliance letters may be appealed, and adds additional enforcement officers who can issue administrative citations. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this ____________day of __________________, 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Publish: Stillwater Gazette – ______________________ NI l lwa ter The Sirlhplaca of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING September 7, 2021 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Superintendent Lansfeldt, Stillwater Schools Referendum 2. Preliminary 2022 Budget Workshop 3. Myrtle Street Apartments Landucci Homes City Land Purchase Request IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. 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 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. July 20, 2021 closed session minutes 14. August 10, 2021 regular and recessed meeting minutes 15. August 17, 2021 special meeting and regular meeting minutes 16. Payment of Bills 17. Boards and Commissions New Appointments 18. CPC 2021-46 Landucci Homes Appeal Denial - Resolution 19. Harvest Fest Temporary Liquor License Application 20. Limited Term Employment for a Human Resources Specialist Confidential - Resolution 21. Marylane Gateway Addition Development Agreement Amendment #1 - Resolution 22. MnDOT Limited Use Permit for Decorative Lighting on Historic Lift Bridge - Resolution 23. Rivertown Fall Art Festival Event Contract 24. SHPO CLG Grant Contract Amendment - Resolution XII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 25. CPC Case No. 2021-47 to consider a request by HealthPartners Stillwater Clinics for a Zoning Text Amendment to allow an Emergency Medical Services (EMS) garage to be located in the BP -I zoning district. Notices mailed to affected property owners and published in the Stillwater Gazette on August 13, 2021. - Ordinance 1st Reading 26. Case 2021-30 to consider a Zoning Text Amendment for the creation of a Neighborhood Commercial Zoning District. Notices published in the Stillwater Gazette on August 20, 2021- Ordinance 1st Reading 27. To consider adoption of Enabling Resolution establishing an Economic Development Authority (EDA) in the City of Stillwater. Notices published in the Stillwater Gazette on August 27 and September 3, 2021- 2 Resolutions XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 28. 304 Hazel Street East Encroachment License Request - Resolution 29. 2021 Street Project Declare Costs and Order Hearing on Assessments - 2 Resolutions 30. Background Checks Ordinance Amendment - Ordinance 1st Reading 31. Fire Code Ordinance Amendment - Ordinance 1st Reading 32. Nuisance Ordinance and Fee Schedule Amendment - Ordinance 1st Reading, Resolution 33. Stillwater Harvest Fest Event Contract and Fee Waiver Request 34. Legal Services Agreement with LeVander, Gillen & Miller P.A. for 2022-2026 - Resolution 35. Prosecuting Attorney Amendment Agreement with Kelly & Lemmons, P.A. for 2022-2026 - Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda September 7, 2021 Stillwater Administration TO: Honorable Mayor and City Council Members FROM: Tom McCarty, City Administrator Sharon Provos, Finance Director DATE: September 3, 2021 SUBJECT: September 7, 2021 Budget Work Session for City of Stillwater 2022 Preliminary Budget BACKGROUND The City Council conducted an initial Budget Work Session for the 2022 Preliminary Budget on August 17, 2021. Based on Council discussion items and updated information that impacts the preliminary 2002 Budget, staff has prepared the attached ppt slide deck for review and consideration by the City Council. The updated information in the presentation includes: - Washington County has provided data on the estimated Fiscal Disparity, estimated Taxable Tax Capacity & estimated Market Value Adjustments; - That data has allowed staff to calculate the estimated property tax impacts for city property owners based on the proposed 6.5% increase in the levy for 2022. - Staff has completed review of the estimated revenue for 2022, showing a slight increase. -The City has received its proposed 2022 Health Insurance rates, showing a decrease from the current 2021 costs. -The City Enterprise Funds (utilities) budget summaries are included for review. - A more detailed breakdown of proposed 2022 Capital Outlay funded with GO Bonds (borrowing) is included for review. Following the September 7 City Council 2022 Budget work session, the Council will need to provide direction to staff for any adjustments necessary to the proposed preliminary 2022 Budget. At the September 21, 2021 City Council meeting, the Council will need to approve the Preliminary 2022 City Budget, the Preliminary 2022 Tax Levy and establish the 2022 Truth in Taxation Council meeting date in December 2021. At the December 2021 Truth in Taxation meeting, the City Council is required to adopt the final 2022 City Budget and Tax Levy. 2022 Proposed Budget City of Stillwater September 7, 2021 1 Budget Work Session for Stillwater 2022 Preliminary Budget Updated Information from August 17 Work Session: - Estimated Fiscal Disparity, Taxable Tax Capacity & Market Value Adjustments received from Washington County timated property tax impacts calculated - Estimated Revenue Adjustments - 2022 Health Insurance Rates received - Enterprise Funds (utilities) budget summaries - Breakdown of Proposed Capital Outlay funded with GO Bonds 1 Budget Factors Proposed 2022 m $1 12,700 Increase/Decrease in Operating Expenditures w 1 % of Levy m 1% Innrease/Decrease in Health Insurance Premium 4,000 tiree Health Insurance • 6% of the Levy (reduced from 8.6%) Library Operating Levy 1. 12% of the levy 2021 Adopted Property Tax Levy Proposed 2022 vs Adopted 2021 From August 17, 2021 Budget Work Session CITY-WIDE LEV 111 2022 2022 Requested Proposed % Increase $11,270,799 General Operating Tax Levy $13,128,127 $12,037,44366,644 $3,678,755 Debt Service Tax Levy $3,694,382 $3,894,382 $215,627 5.86% $14,949,554 Totals $15,931,825 $982,271 6.57% / 2021 Adopted PARCEL -SPECIFIC LEVY 2022 Requested 2022 Proposed $ Increase Increase $44,400 WMO Tax Levy 44,000 44,000 0 0% Property Tax Levy Proposed 2022 General Revenue Tax Levy Required Debt Service Tax Lev New Debt Service Tax Levy 1 Total Debt Service Levy / ARCEL-SPECIFIC LEVY WMOI i\\1 TOTAL LEVY \t -ji. $12,037,443 44,000\ Required Debt Service Tax Levy Amou G.O. Capital Outlay 2012A $370,955 G.O. Capital Outlay 2014A $703,491 G.O. Capital Outlay 2014 (Armory) $85,000 G.O. Capital Outlay 2016A $558,075 G.O. Capital Outlay 2017A $399,667 G.O. Capital Outlay 2018A $489,056 G.O. Capital Outlay 2019A G.O. Capital Outlay 2021A $428,138 $310,000 Total $3,344,382 2022 New Bond Issue 2022 Capital Outlay and Street Projects $5,000,000 Property Tax Rate Proposed 2022 Formula: Total City Property Tax Levy - City's Taxable Tax Capacity = City Tax Rate Item Actual Pay 2021 Proposed Pay 2022 Change Property Tax Levy $14,993,954 $15,975,825 6.551% Fiscal Disparity Portion of Levy $1,459,753 $1,579,914* 8.232% City's Portion of Levy $13,534,201 $14,395,91 1 6.370% City's Taxable Tax Capacity - 25,895,585 $27,756,395* 7.186% City Tax Rate 52.815% 51.865% -1.816% Notes: Property Tax Levy amount includes Water Management Organization (WMO) *2022 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County. Tax Impact -Residential 2022 Updated Proposed / Actual Payable 2021 Market Actual City City Property Value Tax Capacity Tax Rate Tax Proposed Payable 2021 Taxable Market Proposed City Value Tax Capacity City Tax Rate Property Tax 1 189,400 1,692 52.815% $893.62 200,000 1,808 51.865% $937.72 236,700 2,208 52.815% $1,166.14 250,000 2,353 284,100 2,724 52.815% $1,438.67 300,000 2,898 51.865% $1,503.05 301,800 2,917 52.815% $1,540.60 318,700 3,101 378,800 3,757 52.815% $1,984.24 400,000 3,988 51.865% $2,068.38 Assumptions 5.6% increase in Market Value from 2021 to 2022 (Estimate from County) Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature 51.865% 51.865% $1,220.39 $1,608.34 From 2021 to 2022 $ Change % Change $44.10 $54.24 $64.39 $67.74 $84.14 4.9% 4.7% 4.5% 4.4% 4.2% Strategic Budget Elements - 2022 Reduce reliance on state Local Government Aids (LGA) for operations support - over time move LGA to support capital expenditures Move annual software support costs & annual small equipment costs from capital to operations (levy) over time Consio er staffing adjustment requests where possible to match serv'' e demand for increased city resources Consider strategic use of certain fund balances to reduce otential levy costs (TIF & Special Revenue Funds) ecommend comprehensive review of City license, permit and fee rates to enhance City revenue stream Use of American Rescue Act Program (ARPA)funding in 2022 and future; Positive General Fund Balance Discussion Items for Levy Adjustments to Preliminary 2022 Budget Health Insurance - new insurance provider - reduced cost from 2021 Budget w Adjusted Revenues - increase in revenue m Alternatives: w Fire Department Study - strategic plan item Increase in Library Levy - adjust levy support for Library Wellness Program Incentives - City cost to continue w Transfer additional LGA to Capital Outlay w Decrease in Tax Levy Revenue Stream Review - Comprehensive review, recommendations impact final 2022 budget - Dec. CONSULTING FEES Department 2022 Operating Budget Purpose Requested Mayor/Council Mayor/Council Mayor/Council Lobbyist City Code Updates Strategic Planning $35,000 $7,000 $10,000 Mayor/Council Administration Economic Development Policies $10,000 Police Department Review $40,000 Building Inspection Plan Review/Inspection Contracting $15,000 Engineering Speed Limit Study $15,000 Engineering Administration Complete Street Analysis Fire Department Review TOTALS $20,000 a$40,000 $192,000 Discussion High Priority High Priority High Priority High Priority High Priority High Priority High Priority High Priority High Priority $192,000 Levy Impact Department New/Modified Positions Proposed MIS Administration Plant/City Hall Community Development Inspections Police Police Fire Fire Fire Fire Streets Sewer Parks TOTALS LEVY IMPACT Position IT Technician Communication/Marketing Facilities Maintenance Economic Develop Intern Building Inspector Police Captain Police Sergeant Fire Services Specialist Firefighter Firefighter Firefighter MWII Promote to Lead Worker MWII Priority FTE Requested Critical High High Medium High Critical Critical Critical Critical Critical Critical Critical Critical Critical 1.0 1.0 1.0 .50 1.0 1.0 1.0 0.125 1.0 1.0 1.0 1.0 1.0 $81,203 $88,747 $90,806 $16,766 $93,547 $147,930 $135,794 $8,574 $100,974 $100,974 $100,974 $79,715 $5,058 $79,715 $1,130,777 Proposed $81,203 $147,930 $8,574 $100,974 $39,858 $5,058 $39,858 $423,455 Notes Increase 5 hours/week 1/2 position proposed 1/2 position proposed ENERAL FUND Operating REVENUES/Expenditures $8,755,159 480,000 73,900 633,105 1,177,624 1,257,571 78,500 135,800 134,550 GENERAL FUND Operating Revenues Revenue Type 2022 Requested 2022 Propose Levy $10,286,555 $9,427,137 Franchise Fees 480,000 480,000 Other Property Taxes 31,900 31,900 Licenses and Permits 633,605 633,605 Intergovernmental 1,292,124 1,292,124 Charges for Services 1,326,941 1,326,941 Fines and Forfeits 80,000 80,000 Miscellaneous Total Revenues 134,550 13 406 25 $671,978 0 -42,000 500 114,500 69,370 1,500 -1,250 $572,324 Local Government Aid (LGA) in General Fund 254,841 LGA for Capital Outlay $827,165 Total LGA % of Budget 70% 4% <1% 5% 9% 10% <1% 1% $9,798,284 GENERAL FUND Operating Expenses Expenditure Type 2022 Requested Personnel Services 508,005 Supplies 2,120,350 165,020 Miscellaneous Services and Charges $12,591,659 Total Operating Expenditures 2022 Proposed Variance $10,899,047 $10,082,339 $577,860 $2,488,006 $300,762 $14,265,67 $284,055 $526,360 $18,355 $2,506,796 $386,446 $290,762 $125,742 $13,406,25 2022 Budget Impacts 6.47% proposed increase in operating expenditures $814,59 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $o Operating Expenditures 2021 Adopted 2022 Requested 2022 Proposed ■ Personnel Services • Supplies ■ Services and Charges ■ Miscellaneous ENTERPRISE FUNDS OPERATING REVENUES/EXPENDITURES ENTERPRISE FUND 2021 Adopted Sanitary Sewer Expenditure Type 2022 Requested 2022 Proposed Mr$442,262 Personnel Services $36,300 Supplies $2,955,866 Services and Charges $12,000 Miscellaneous 1 $535,452 Irr $534,048 $36,300 $36,300 $2,895,539 $12,000 $2,895,539 $12,000 $314,000 Depreciation $609,3000ther Financing Uses $4,369,728 2022 Proposed 2022 Requested 2021 Adopted Total Operating Expenditures $315,000 $1,095,000 $4,889,291 Operating Expenditures $315,000 $1,095,000 $4,887,887 Variance $91,786 $0 -$60,327 $0 $1,000 $485,700 $518,159 $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 • Personnel Service ■Supplies • Services and Charges • Miscellaneous • Depreciation • Other Financing Uses ENTERPRISE FUND Storm Sewer / 2021 Adopted Expenditure Type Err $461,639 Personnel Services $16,250 Supplies $281,549 Services and Charges $51,000 Miscellaneous $75,000 Depreciation $0 Other Financing Uses $885,438 Total Operating Expenditures 2022 Proposed 2022 Requested 2021 Adopted 2022 Requested 2022 Proposed 1 $437,0441rr $433,986 $16,250 $16,250 $303,385 $303,385 $51,000 $51,000 $75,000 $75,000 $25,000 $25,000 $907,679 $904,621 Operating Expenditures Variance -$27,653 $0 $21,836 $0 $0 $25,000 $19,183 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1 ,000,000 ■ Personnel Service ■ Supplies ■ Services and Charges ■ Miscellaneous ■ Depreciation ■ Other Financing Uses ENTERPRISE FUND / 2021 Adopted Signs & Lighting Expenditure Type Mr$100,965 Personnel Services $21,500 Supplies $257,621 Services and Charges $2,500 Miscellaneous $18,000 Depreciation $14,300 Other Financing Uses $414,886 Total Operating Expenditures 2022 Proposed 2022 Requested 2021 Adopted 2022 Requested 2022 Proposed I $102,539 $26,250 $263,535 $2,500 $18,000 $15,800 Irr $102,157 $26,250 $263,535 $2,500 $18,000 $15,800 $428,624 $428,242 Operating Expenditures Variance Irr $1,192 $4,750 $5,914 $0 $0 $1,500 $13,356 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 • Personnel Service ■ Supplies ■ Services and Charges • Miscellaneous • Depreciation • Other Financing Uses ENTERPRISE FUND Water 2021 Adopted Expenditure Type 2022 Requested 2022 Proposed Variance $742,563 Personnel Services $592,075 $625,033 -$117,530 $53,000 Supplies $66,800 $66,800 $13,800 $569,544 Services and Charges $609,890 $609,890 $40,346 $32,850 Miscellaneous $32,000 $32,000 -$850 $26,575 Debt Service $26,575 $26,575 $0 $460,000 Depreciation $OOther Financing Uses $1,884,532 2022 Proposed 2022 Requested 2021 Adopted Total Operating Expenditures $460,000 $460,000 $0 $492,800 $492,800 $492,800 $2,280,140 Operating Expenditures $2,313,098 $428,566 $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 ■ Personnel Service ■ Supplies ■ Services and Charges ■ Miscellaneous ENTERPRISE FUND / Parking Lots 2021 Adopted Expenditure Type Mr$199,406 Personnel Services $13,100 Supplies $65,013 Services and Charges $11,000 Miscellaneous $80,000 Depreciation $5,000 Other Financing Uses $373,519 Total Operating Expenditures 2022 Proposed 2022 Requested 2021 Adopted 2022 Requested 2022 Proposed 1 $204,285 $6,800 $51,870 $11,000 $86,000 $25,000 lir $200,317 $6,800 $51,870 $11,000 $86,000 $25,000 $384,955 $380,987 Operating Expenditures Variance Y $911 -$6,300 -$13,143 $0 $6,000 $20,000 $7,468 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 • Personnel Service ■ Supplies ■ Services and Charges • Miscellaneous • Depreciation • Other Financing Uses ENTERPRISE FUND 2021 Adopted Parking Ramp Expenditure Type '$2,907 Personnel Services $3,500 Supplies $49,110 Services and Charges $2,500 Miscellaneous $90,000 Depreciation $60,900 Other Financing Uses $208,917 Total Operating Expenditures 2022 Proposed 2022 Requested 2021 Adopted 2022 Requested 2022 Proposed IIFr $2,907 $4,000 $59,285 $2,500 $90,000 $13,000 W $2,907 $4,000 $59,285 $2,500 $90,000 $13,000 $171,692 $171,692 Operating Expenditures Variance w $0 $500 $10,175 $0 $0 -$47,900 -$37,225 $0 $50,000 $100,000 $150,000 $200,000 $250,000 ■ Personnel Service ■ Supplies ■ Services and Charges ■ Miscellaneous ■ Depreciation ■ Other Financing Uses Capital Outlay -Fended with GO Debt Department/Fund General Fund Administration E 2022 Proposed Mm Building Inspections Fire MIS Plant/City Hall Police $2,000 $30,000 -- $70,000 $163,200 $28,000 $441,900 Streets Total General Fund $1,480,000 $2,215,100 St Croix Valley Recreation Center Library Parks Permanent Improvement TOTAL $80,000 $730,000 $300,000 $1,895,000 $ 5, 220,100 2022 Budget Impacts Maximum planned bonding is approximately $5,000,000 Capital Outlay (Over $100,000 -Excluding Enterprise Funds) Department/Fund Library Parks Parks City Hall Police Annual GO Debt Other Funding 2022 Budget Upgrade Roof Replace Play Structures Hard Court Rehab - Liberty HVAC Body Worn Cameras/Squad Video St Croix Rec Center Dasher Board Replacement Streets Streets Plow Truck #15 Replacement Loader w/Front Plow and Wing Public Works Building Roof Fuel System $730,000 $120,000 $135,000 $20,000 $0 $0 $o $300,000 $150,000 $0 $o $170,000 $240,000 $250,000 $800,000 $120,000 so $0 $55,000 $0 $750,000 $120,000 $135,000 $300,000 $150,000 $170,000 $240,000 $250,000 $855,000 $120,000 TOTAL $2,545,000 $545,000 $3,090,000 Capital Improvement Plan - Strategic Plan Element Permanent Improvement Projects 2022 Proposed Projects Annual GO Debt Annual Street Project Lumberjack Landing Curve Crest Boulevard Extension Lily Lake Parking Lot Rehab St Croix Riverbank Stabilization Chestnut Street Plaza Parking Lot Retaining Walls 72nd Street Trail Extension Downtown Lighting Engineering Cost TH 95 Entrance Monument McKusick Boardwalk TOTAL $600,000 $250,000 $370,000 $125,000 $100,000 $300,000 $100,000 $50,000 $1,895,000 State Funding Other Funding 2022 Budget $2,250,000 $400,000 $2,650,000 $200,000 $50,000 $1,650,000 $2,000,000 $3,900,000 $1,600,000 $2,400,000 $200,000 $500,000 $370,000 $200,000 $200,000 $3,900,000 $2,400,000 $125,000 $100,000 $300,000 $2,000,000 Capital Improvement Plan - Strategic Plan Element $100,000 $50,000 $10, 445, 000 i11wati THE BRTHLLE OF MNNFOA PLANNING REPORT TO: City Council CASE NO.: TBD: Myrtle Street Apartments v2 MEETING DATE: September 7, 2021 APPLICANT: Nathan Landucci, Landucci Homes LANDOWNER: Browns Creek West LLC Mark and Catherine Balay REQUEST: 1. Authorize Land Use Application on City Owned Parcel 2. Authorize Tax Increment Financing (TIF) Application LOCATION: 107 3rd Street North 110 Myrtle Street East ZONING: Central Business District Central Business District Historic Height Overlay District Downtown Design Review District PREPARED BY: Tim Gladhill, Community Development Director INTRODUCTION Landucci Homes is submitting a new proposal for a 30 unit multifamily housing building following a recent denial of the previous request for approximately 40 units. The proposal still involves a request to purchase a portion of City Owned Land to facilitate the project. The proposed project also includes the purchase of the adjacent Balay Home. SPECIFIC REQUEST The City Council, as Property Owner is asked to approve a Land Use Application to send through the formal Commission Review Process. This case is not an official review nor negotiation of a specific purchase price. This action is simply to authorize the Application. Traditionally, this is not a step taken by the City Council in Land Use Applications with the exception of projects involving City Owned Land. Since the City is the Property Owner of a portion of this land, the City Council is not obligated to authorize Property Owner Signature of the Application. If the City Council elects not to authorize the Application, the Application will be deemed incomplete and the project will not continue additional review. Additionally, the project is requesting public financing in the form of Tax Increment Financing. CPC Case Revised Myrtle Street Apartments Proposal September 7, 2021 Page 2 The request is expected to range between $500,000 and $1.5M. The City Council should also decide whether or not to accept this Application for continued review. Use of Tax Increment Financing is a discretionary decision of the City Council — the City Council is not obligated to approve the use of Tax Increment Financing. ANALYSIS On August 17, 2021, the City Council denied a previous proposal that was just shy of 40 units. The record reflects comments by the City Council that there was interest in a project similar in design but substantially different in size and mass. Major concerns regarding the project included, but were not limited to the following. 1. Height and Mass 2. Off -Street Parking The Developer has revised the project in an attempt to address these concerns. The Developer has reduced the overall height and number of units to 30 units. Height and Mass Staff believes that the Developer has made significant improvements to the overall height of the structure and meets the minimum requirements of City Code. The Developer has removed the 4th story. Additionally, the Developer has removed the 3rd Story of the East Wing on the Balay Parcel, with the exception of a small Recreation Room and Rooftop Terrace. The City Council could choose to authorize the Application and send to the Heritage Preservation Commission for additional review. Parking The proposal is still deficient in off-street parking accommodated on site. The Developer is no longer proposing the stacked, mechanical parking system, but requesting that the parking deficiency be accommodated by a Parking Mitigation Fee in the amount of $20,000 per stall. According to the Developer's calculations, the Project has a deficiency of 18 stalls. The Parking Mitigation Fee would equate to $360,000. The parking deficiency puts this aspect of the Application into a discretionary review category. The City Council should direct Staff as to how to proceed. Furthermore, the Developer is petitioning the City for a policy change to allow overnight parking on the top of the neighboring public parking ramp. POSSIBLE ACTIONS Broadly speaking, the City Council should first determine if this revised plan, with the parking deficit, constitutes a substantial enough change as discussed with the City Council on August 17. CPC Case Revised Myrtle Street Apartments Proposal September 7, 2021 Page 3 The City Council has the following options: Step 1: Authorize Land Use Application as Property Owner 1. Authorize Land Use Application and send through traditional review process 2. Do not authorize Land Use Application, deeming the Application incomplete and discontinuing any further review 3. Table action for additional review and direction Step 2 (if Step 1 is authorized): Authorize Tax Increment Financing Application (no action/discussion necessary if Step 1 is not authorized) 1. Authorize Tax Increment Financing Application to be reviewed parallel to traditional Land Use Application 2. Do not authorize Land Use Application, discontinuing any further review and use of Staff Resources to review the TIF Application 3. Table action for additional review and direction FYI — this step of authorizing review of Tax Increment Financing and other public financing tools will transfer to the Economic Development Authority (EDA) once established. FINDINGS AND RECOMMENDATION While Staff believes positive changes have been made to the project, there are still actions required of the City Council. Before Staff can review any further, additional direction by the City Council is required. The following items are emphasized for discussion: 1. Sale of City Owned Land [primary discussion point] 2. Request for Tax Increment Financing 3. (Note: if City Council is comfortable continuing discussion on Items #1 and #2 above, the proposal is still deficient in off-street parking on premise) Attachments: Site Location Map Narrative Request(s) Site Plan Updated Floor Plans Updated Elevations Cc: Nathan Landucci Catherine and Mark Balay Jon Whitcomb k , -- • ' 251 I / N _ --, \ mol r rr , ik 304,'", •••••••z. e,pa1/4 4 . „, * 7 - ir ,...k ' 231 231 0 .. •' . 21 \N 223 it 'it 4 NV r 1\ \, • - ..r, * .....A . Ito9 ,.....- s pw,i,, • , - A, ••- 4, . • 1 0. ,,,,,, •,., -f The 1 Birthplace I (water of Minnesota IAN_ -7.70 , -:::k ' 1. r214 1 ,. _ v's. "; /‘1 -4.„,45.- 741' \ • 10 \''''' 1 . \ -. NI •, ' - 2Q0 204 , ,*3 (5 — ‘ ' ' ' ), . t \ 115 1 cC\ s . ....A 107 ...• , ,\ 102 4 201 1 * 102 •:\ , • . 130 • s , % -, • i, , - s / /I 03 I le .'.. • lo . 106 , I, . \'.4., .408 ,, '` 113 ,,, -\' ••• t- . Site Location 103 3rd St 110 Myrtle St 0 100 200 N E 400 Feet I -A % ", , , 1S Ili o' \ , General Site Location * ' . Vlagamisk*PJ,VIIT , . • -• ' ....., 10, 1 132 ....---.' 106 1100602 tI 2. 2. 4.. . T4 k0\ 118 720 * V •wl'Illill111111111N-wd.,, iplMamPm-.riimlPkP 4411 11.111.111111i1 i.1it—tNmwM oll. i14'. _IN Imm-A• ri.l1 i„' mFiil•l:.1A7.3ii=1 iokio,. lltei lli-iviP. _N1•1. 7C/• 1IS\ I.\ \ , • ' \ 116 ---- C. ....0, ••,-10."" ' % _ .. ......- "IA , \ 1 / * 2II1I M- M tIvw•=111'e-41 — MEM b .../.- A 0 / I :I 04 it v. •• .... - . -.A •-e' --1.1,,,,,_ irim. .... NW ty II Einumem \ . • _ --- --A „, ..-. f;:r '''' 107 23 -1- 1 WM • M . .. 04 • .. A •••\ --t -rt ' ....El.w, P.. F. Mar '''' I .1, i PI ' . k..4-. . , .1 236 23 it IN ....!1;"vi'l % I i F: pol..' LUNN '41.%iiieklumil, , --,,. --- .... la , l'-s, 275 . \ 1. • . ' Plar '.1.— 1.1111Lialfilliric;" . . ir re, €.41111E1M .---ii Mlle' i. I RI" -i- - 6;:m __ Jenn Sundberg From: Nathan Landucci <landucnl@hotmail.com> Sent: Friday, August 27, 2021 11:33 AM To: Abbi Wittman; Jenn Sundberg; Planning Dept; Tim Gladhill Subject: Submittal for our Apartment project at 107 3rd St. Attachments: Applications:Legal Descrips.pdf; 2-SURVSTO4 LANDUCCI-EXISITNG CONDITIONS 3-12-21 1.pdf; 107 3RD ST N LANDSCAPE.pdf; 107 3RD ST N SITE PLAN 05 28 21 1.pdf; Herzog engineering report.pdf; Myrtle Apartment 08-27-2021.pdf; Narrative Land Sale 2.pdf; Retaining Wall Removal Evaluation Letter_1121-0160 (Signed) 9.pdf; soils report 7.pdf; Traffic Impact Study.pdf; Trinity Parking Agreement.pdf [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Tim, Please confirm you can open these attachments Hello City Staff, Attached is the package for the Submittal for our Apartment project at 107 3rd St. Some quick notes on submittal: • No 4th floor -height requirement is met • Removed partial 3rd floor per conversations with city • Reduced units to 30 • Stacker/vending machine parking no longer considered • Parking mitigation- 10 guest stalls and 8 resident stalls (18 total) I would like to concurrently apply for the following: 1. Land sale of the strips of city owned land 2. Petition city for policy change to allow overnight parking on the top of the neighboring ramp to the North. It seems this top floor is never used and provides a negative case to develop any more city parking if existing resources are not utilized. This policy change would allow residential parking and would open additional parking passes for residents. 3. Nathan Landucci Landucci Homes, Inc. 651-894-2582 www.Ianduccihomes.com i May 25, 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 42 unit market rate apartment building. I appreciate the consideration of City staff and City Council in this matter. Best Regards, Nathan Landucci; Landucci Homes, Inc. gyilSite G R O U P PROPOSED PROPERTY PURCHASE FROM CITY ADD (3) PARKING SPACES AND UPDATE SIDEWALK 107 3RD STREET NORTH, STILLWATER 4931 W.35TH ST.,#200 ST. LOUIS PARK, MN 55416 Office: 612.615.0060 www.CMISiteGroup.com REBUILD RETAINING WALL AS NEEDED REFER TO STRUCTURAL ENGINEER RECONSTRUCT DRIVEWAY INCLUDE CROSS ACCESS ESMT. EXISTING HOUSE TO REMAIN REBUILD RETAINING WALL AS NEEDED REFER TO STRUCTURAL ENGINEER Project N.imber: Issue Date: 21043 05/28/2021 Revision Number: Revision Date: 30'-0" SITE PLAN OPT 1 Hychitects e I I I mmi ROI12 11 10 9N ❑ 8 7 — ❑ 6 5 4 3 2 ❑ 1 C" —i1— I // 13 14 ._t6 swm eel _ e2UI, VisS, /%/ elm. MAX 16 > r� ' a ira •® ., 33 / 35 37 n / 16 32 34 36 31 18 a ❑ 1 ,❑ 30 12.837 sf 29 37 Stalls 9 20 28 j ' 21 27 =o.s { /, Ow 26 f%/....... Ks..., — 22 25/ Gioiiia� N .0. i b1 23 WI: II i g/�/ 4 1Lxl LLrn:i p.. bb 0' Mxt AeIR+MM UI MYRTLE ST. E Proposed 30 Unit Apartment i07 3rd St. N Stillwater, MN Scale: 3/32" =1'-0" Garage Level Plan/ Site Plan: 12,837 sf. AO Commercial 1 Mail L 6iieedUse Nnidtolui I liesi,enei: I[1rchitets Commercial I ReI2i1 shred Use Residential 1 &eslaomnEt 0 ka as r weed , 11 s �� — 111 I"'Eon tw, dill A MYRTLE 57. E Proposed 30 Unit Apartment 107 3rd St. N Stillwater, MN FLOOR 1 Bedroom 28edroom Tolel FIRST FLOOR: 2 8 10 SECOND FLOOR: 1 19 11 THIRD FLOOR: 3 6 B TOTAL: 6 24 30 Scale: 3/32" =1' 0" Proposed First Floor Plan: 12,817 sf. Al J-IArchitects MYRTLE ST. E Proposed 30 Unit Apartment 107 3rd St. N Stillwater, MN FLOOR 18edroom 2 Bedroom Total FIRST FLOOR: 2 8 16 SECOND FLOOR: 1 16 11 THIRD FLOOR', 3 6 9 TOTAL, 6 24 30 NQRTH Scale: 3y/32' =1%4" Proposed Second Plan: 12,817 sf. A2-1 Commercial I Releil hlired ese Residential I Resteoonis J-IArchitects Commercial I ReI 4 Mired ese Residential I Rester nis MYRTLE ST. E Proposed 30 Unit Apartment 107 3rd St. N Stillwater, MN FLOOR 18edroom 2 Bedroom Total FIRST FL00R: 2 8 16 SECOND FL00R: 1 16 11 THIRD FLOOR: 3 6 9 TOTAL, 6 24 30 NORTH Scale: 3/32" =1e-0" Proposed Third Floor and Outdoor Terrace: 11,192 sf. and 1,625 sf. Outdoor A2.2 _J` [-Irchitects FuS ROOF N1 ROOF ¢ 0 hE.5.40 Housr REMAIN 0 i S/i i oEEx MYRTLE ST_ E FLOOR 1Beeman 2Bedmmm T124 FIRST FLOOR 2 6 10 SECOND FLOOR: 1 10 11 THIRD FLOOR 2 6 9 TOTAL: 6 24 20 Scale: 3/321e =1'-0" Proposed 30 Unit Apartment 107 3rd St N Stillwater, MN Proposed Roof Plan A3 Commercial IRe1016lire6Lo 6,:i,,6a: Rnl®emh Vertical Metal Panel Black Metal Panel and Parapet 4 aJ �. r ■__� L� i Brick Veneer A MI Lin I,l .0. PARKING LEVEL Scale: 1/8" = 1'-0" Architects Proposed 30 Unit Apartment Exterior West Elevation PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A4 3 c - - ■�■ ■ IML • Brick Veneer T.O. PARKING LEVEL Vertical Metal Panel Black Metal Panel and Parapet Scale: 1/8" = 1'-0" Architects Proposed 30 Unit Apartment Exterior South Elevation PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A5 li%ramw + da W a-Z*I ii iii. -wwimmwmcirMip ai WE iMr7i I 1 4•111- - 1"410011P. limit !■ a_T a NIL El1- • Brick Veneer Vertical Metal Panel Black Metal Panel and Parapet Scale: 1/8" = 1'-0" IHErchitects Proposed 30 Unit Apartment 107 3rd St. N Stillwater , MN Exterior East Elevation A6 PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants Architects air1 IN • — Wm. low L rPr r*Emil ill INFWM iiMM I - ...� �*. M ■ � i • -..-F . -- Brick Veneer Vertical Metal Panel Black Metal Panel and Parapet Proposed 30 Unit Apartment Scale: 3/16" = 1'-0" or North Elevatio n on PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A7 4111wa ter The Birthplace of rtnesoln 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL CLOSED SESSION MEETING MINUTES July 20, 2021 SPECIAL CLOSED SESSION MEETING Mayor Kozlowski called the meeting to order at 5:30 p.m. Present: Absent: Staff present: 5:30 P.M. Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna None City Administrator McCarty Human Resource Manager Motion by Councilmember Collins, seconded by Councilmember Junker, to move into closed session to conduct the performance evaluation of the City Administrator pursuant to Minn. Stat. 13D.05 subd. 3(a). All in favor. The meeting was adjourned to closed session at 5:35 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Also present: City Administrator McCarty and Human Resource Manager Motion by Councilmember Odebrecht, seconded by Councilmember Junker to reopen the meeting. All in favor. The meeting was reopened at 6:45 p.m. RECESS Mayor Kozlowski recessed the meeting until the 7 p.m. regular meeting Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 411 lwa ter The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES August 10, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf City Planner Wittman Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Human Resources Manager Robole IT Manager Holman Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Organizational Review Presentation on IT Mike Indergard, True North Consulting Group, explained the process used for the IT organizational review. It included organizational structure, staffing and capacity/efficiency review, analysis of the potential for an enterprise wide software system, and the need for a communications/social media position for the City. Recommendations include adopting a single platform to streamline internal communications and reduce risk to digital assets; consolidating City applications into a single modular suite; adding another full-time employee to the City's technology staff to fulfill current needs, and partnering on certain technologies. Councilmember Odebrecht asked if the team did penetration testing and intrusion detection; and Mr. Indergard answered that was not part of this review but his firm does that. Councilmember Polehna inquired if Washington County was asked about contracting to do the City's GIS work; and Mr. Indergard replied no. On a question by Mayor Kozlowski about outsourcing the help desk and communication systems as many communities seem to be doing; Mr. Indergard responded that Stillwater's IT team has the capability to do a lot of network and maintenance tasks, but they do reach out for advanced services as needed. City Council Meeting August 10, 2021 Councilmember Junker asked if there were any particular discoveries due to the COVID changes in work processes; and Mr. Indergard answered that the review started a couple months ago, so employees were returning the office, but the pandemic drove some of the comments made about the need to consolidate data, ability to access data remotely, and adopt Cloud technology. Councilmember Odebrecht inquired if there is a recommended Cloud provider; and Mr. Indergard replied that it depends on the intended use. Many use either Google or Microsoft. Microsoft is commonly the government choice. Referring to the recommendation for an additional staff person, Councilmember Odebrecht questioned what tasks are not getting done today; and Mr. Indergard responded that it is more the speed of being able to get tasks done, rather than one thing that is falling into a chasm that is not being done. Councilmember Collins asked if there is a particular software recommended to streamline the issues of numerous communication tools and disconnected data; and Mr. Indergard answered that one possibility is Tyler Technologies Munis, which has all sorts of modules that can be added or removed as necessary. Mayor Kozlowski inquired about the legal requirements that the City must host onsite; and Mr. Indergard replied that there are some things that need not be Cloud based, for instance graphic intensive programs, like autocad, that need a lot of local processing power - those are the kinds of things that should remain on premises for the time being. Lighter applications such as Word files, databases, spreadsheets, emails, collaboration tools, and file storage all are prime targets for moving to the Cloud. IT Manager Holman indicated that the Department has budgeted to move its MS Office applications to the Cloud next year. Last year the City worked with Washington County on GIS, but the County is so busy already they do not have the time to do it. Regarding what is not getting done, a lot of it is security -related like penetration testing and keeping up with network maintenance. IT employees are assisting other staff every day and many things that are very important are not getting done. Shoddy Mill and Warehouse Redevelopment Considerations City Planner Wittman stated that staff has been approached by a local business owner who has interest in the Shoddy Mill and Warehouse buildings, located at 1250 Main Street South. It is their desire to lease the building and approximately 150' of land to the south, for use as a restaurant and event center with public boat docking. The interested party has indicated they would make all necessary site improvements in exchange for a low-cost lease. The buildings are not in good condition. If used for year-round use, the warehouse would have to be rebuilt. The mill is in better condition, but cracking has increased. The City has always intended to use the buildings for some type of public use. The St. Croix River overlay district does not allow for conditional uses. It may be eligible for a heritage preservation use variance. Several federal, state and local agencies have review authority due to the location within many overlapping districts. Ms. Wittman reviewed site redevelopment options including ownership restrictions, contemplated uses, allowable uses, site amenities and limitations; review and permitting considerations, rehabilitation costs, potential funding opportunities; and conclusions and alternatives for the Council's consideration. Traffic and Page 2 of 11 City Council Meeting August 10, 2021 parking issues are among the biggest challenges. A big concern currently is safety and security. Mayor Kozlowski pointed out that he does not see the City coming up with $4 million to renovate the buildings, unless someone is willing to lease them to offset all or most of that cost. Community Development Director Gladhill stated for clarity of the record, there is someone interested in doing all the improvements and borrowing the money to pay it off. Staff recommends refining the master plan for Bridgeview Park, looking at the various options, then doing a Request for Proposals (RFP) that would draw other interested parties as well. Councilmember Junker noted there is much legwork to be done to obtain jurisdictional agency input to determine what is even remotely possible before spending resources. A woman interrupted the meeting and stated, it is not going to go through because of taxpayers' dollars. Mayor Kozlowski stated the Council is not looking at public input currently. He thanked her for her comments. The woman stood and exclaimed the Police Department is corrupt. The democrats won't protect the women but the republican party does and then she departed. Mayor Kozlowski stated he is not overly concerned about the lack of parking at the site because the proposal represented boaters, bikers and trail users as generating the bulk of the business. Perhaps the scenario proposed can be shown to the permitting agencies to ask, if the City wants to do something like this, is it a hard no or is it possible. Councilmember Junker commented that prior to COVID there were discussions with Discover Stillwater, the Chamber, and potentially MnDOT and the National Park Service, about incorporating the buildings into public use to showcase area artifacts and history. He agrees that the buildings are in pathetic shape and it would be difficult for the City to invest $2-4 million to allow the Chamber or Discover Stillwater to use them. But any private expense to do that kind of project would need high annualized sales for return on investment, so this would not be a casual small business. Any private use would need to be a big operation. Councilmember Odebrecht remarked that the City made a commitment to keep the buildings up, so there is some level of cost, plus they give the opportunity to highlight Germanic Jewish history which is important. He would like to bring the buildings up to a minimum level of security and see if the City can find private sector funding for their use. Mayor Kozlowski stated the Council needs to discuss how many dollars it will cost to shore it up and keep it from getting worse. Councilmember Polehna stated nothing has been done with the buildings for 8 years and they are an eyesore. The one thing he would like to do is move forward on a public dock as there is a lot of demand. He would like to talk to legislators about grants and funding. Mr. Gladhill summarized the Council consensus: obtain regulatory agency feedback on the current proposal for a concession vendor, bring those findings back to the Council and have discussion on the next step for opening it up to interested parties, determine what Page 3 of 11 City Council Meeting August 10, 2021 amendments to the capital plan need to be done, and look at other use options in re- evaluating the master plan. Councilmember Junker remarked, whatever happens with the buildings, parking is out of the question due to lack of space and safe access in and out of the site. Councilmember Polehna questioned why not consider some parking; and City Planner Wittman responded that any sort of higher intensity use than a park, visitor center or wayside rest, will necessitate parking. The requirement is in the zoning code. Mayor Kozlowski asked staff to look at whether variances to parking requirements may be incorporated into a historic preservation use variance, if granted. Lumberjack Landing Park/Aiple Property Renaming Request Tracy Maki, Heather Rutledge and Greg Seitz presented a request to consider a different name for Lumberjack Landing, one that better reflects Stillwater's character beyond the lumbering days, and sets the tone for a recreational site. They surveyed the community and found there is a high level of interest in a name reflecting Native or Ojibwe heritage. They reviewed suggested names submitted. Mayor Kozlowski remarked that many of those names were considered previously. The problem lies in the process, not the number of names submitted. A huge amount of time was spent on this subject. Lumberjack Landing, Riverside Park, Croix Nature Park, Tamarack House Park, Old Mill Park, and Peavey Park were among the names considered. Ms. Rutledge pointed out that there were no lumberjacks here - the lumberjacks worked 300 miles north. Stillwater was a mill town. She acknowledged it is a difficult process. They would like more consideration given. Ms. Maki stated many people are striving to come up with a name that will stand the test of time. The process used was not a particularly robust, community -centered process; she questioned its integrity, value, and depth. Feedback from their survey indicated that respondents really want acknowledgment of the history of the area. Councilmember Odebrecht stated he feels it was an incredibly community -centered process with a lot of engagement from the public, schools, and hundreds of suggestions on Facebook alone. Mayor Kozlowski added the Council worked with two different schools, the community, the Parks Commission, and had open forums about it. He does not know how else to collect input, or how to decide how to weigh certain factors in choosing a name. Councilmember Junker commented this is a 15-acre, gorgeous riverfront park with 1600 feet of linear shoreline, hence the name landing. He got six emails or phone calls today from people who stated they love the name Lumberjack Landing. No matter the process, there will be debates on what is the right fit. He likes the name Lumberjack Landing. Mr. Seitz agreed an incredible process went into name selection including polls, meetings and Facebook posts. Almost all the input was ignored when the decision was made. Mayor Kozlowski responded that there also were many conversations between Councilmembers, staff and Commissions. Council packets are prepared well in advance of the meetings, so decisions are not off the cuff. Page 4 of 11 City Council Meeting August 10, 2021 Mr. Seitz stated Lumberjack Landing was not one of the suggestions; and Mayor Kozlowski replied that Landing was a theme and Lumberjack was a theme and the two were put together based on the list of suggestions. Ms. Maki stated it is the Council's prerogative, but she cautioned that there is much work going on regarding how Stillwater shows up as a community. The narrative that reflects primarily European White history can be problematic going forward. That is not a threat, but something heard every day at Valley Outreach and she knows Councilmembers are hearing it from constituents as well. Mayor Kozlowski stated one member of the group put him in contact with someone who talked about a federal Native land designation. He asked if one of the group members can help with that. Mr. Seitz replied he feels that should come from a Native perspective, he does not think the group should initiate that. Councilmember Odebrecht offered that he has a friend who is an active Native attorney who may be able to help. Ms. Rutledge remarked that the space is filled with cottonwood trees, there is not a lumberjack that has been on that site. The name is disconnected. Councilmember Odebrecht stated selecting the name was a two-year process. Mr. Seitz stated he understands not wanting to re -decide things. They have been hearing from many people who object to the name Lumberjack Landing. They are here on behalf of 85 people. Mayor Kozlowski invited them to email him. He also asked for assistance to get a Native Land designation for the park. Class Comp Market Rate Review Discussion City Administrator McCarty stated that it is increasingly difficult to recruit talented individuals to fill vacant positions, and to retain talented employees due to non-competitive wage rates for some City positions. Staff recommends that the City Council authorize the issuance of a Request for Quotes/Request for Proposals (RFQ/RFP) to solicit qualified quotes/proposals from consultants to conduct a comparative market analysis of the City's compensation rates and provide recommendations for any necessary adjustments. Motion by Councilmember Collins, seconded by Councilmember Junker, to proceed with a request for proposals for a market analysis of compensation rates. All in favor. Workplace of Tomorrow Flexible Work Arrangement Policy City Administrator McCarty presented a proposed Flexible Work Arrangement Policy recommended by the Workplace of Tomorrow Team. Staff recommends the City adopt a pilot flexible work arrangement policy starting September 1, 2021 on a one-year trial basis within the approved 2021 budget parameters. Human Resources Manager Robole reviewed the proposed policy. Councilmember Polehna asked how it will be decided who will work from home. For instance, how could maintenance employees or drivers work from home and how is work Page 5 of 11 City Council Meeting August 10, 2021 measured; and Ms. Robole responded that the Departments will need to determine coverage needs. Employees will need to describe how they will do that as part of their request. It is an interactive process, not an entitlement. Councilmember Odebrecht noted this is what his office has been doing for the past 15 months and it worked well. He supports it. Councilmember Junker questioned if, in some cases, an employee could work almost full time from home; and Ms. Robole responded that is an option. In the coming year, staff will learn more about whether it is possible to situate someone 100% offsite and continue to be productive. Councilmember Junker inquired how to hold staff accountable when working from home; and Ms. Robole replied that each department will need to explore those answers deeper, but for the most part, the supervisors and department heads have had experience with this for the past year. The City may need to provide refresher training on accountability. Smart goals can be rolled out at any time for each department. Mayor Kozlowski noted the policy allows department heads to approve working offsite, it does not guarantee it is going to happen. The City is a customer service organization. On recommendation from the technology audit, the City will be providing more self-service options for residents, so they do not have to come to City Hall in person, which will lessen the need for onsite staffing in the future. Councilmember Odebrecht asked if there is an option to pull back if a job is not being performed adequately; and Ms. Robole answered that the policy allows the department head to rescind any approval on short notice, and satisfactory performance is a criterion for applying to work offsite. Councilmember Collins recognized a lot of work went into the policy. It is proactive versus reactive. Councilmember Polehna expressed it is a good policy, but he is struggling with the accountability aspect. Ms. Robole added there are safety nets in place to discuss things that are not working and come up with solutions as a team, or if someone is not cut out to work in a flexible work arrangement. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2021-099, Approving Flexible Work Arrangement Policy. All in favor. STAFF REPORTS Public Works Director Sanders stated the loose rock on the bluff at the north end of the City has been stabilized. He gave a progress report on the Maryknoll Drive Improvement Project. The Fire Department is OK with a 28-foot-wide street with surmountable curbs. The contractor will start work next week. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to approve moving forward with the Maryknoll Drive Improvement Project as presented in the last meeting. All in favor. Page 6 of 11 City Council Meeting August 10, 2021 Police Chief Mueller informed the Council that mental illness cases have increased significantly. The dialogue and discussion with the Human Rights Commission and other groups should continue, to eliminate stigma surrounding mental health issues. Traffic issues and speed related deaths have increased in the metro area. He gave event updates and commended Community Resource Officer Brad Junker and Sergeant Brian Bruchu for their outstanding work on events. Fire Chief Glaser updated the Council on the applications for paid on -call staff. The fire danger rating is moderate - safe for fireworks. Finance Director Provos stated the proposed budget packet will be ready for the Council on August 11. The Finance Department received a Certificate of Excellence for 2019. Community Development Director Gladhill stated the Chestnut Street Plaza project should begin summer 2022. He updated the Council on other development projects. City Clerk Wolf reminded the Council of the Boards and Commissions picnic August 11. She stated City recognitions have been installed in the Council Chambers. City Administrator McCarty stated the Council budget workshop is August 17. The City's tax abatement request to the County is in process. Library Director Troendle informed the Council of a used book drive August 19, and a Valley Winds Concert August 19. RECESS Mayor Kozlowski recessed the meeting at 6:35 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:10 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 Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Assistant Public Works Director Abdullah PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 7of11 City Council Meeting August 10, 2021 RECOGNITIONS OR PRESENTATIONS Community Thread Budget Request - Sally Anderson, Executive Director Sally Anderson, Executive Director of Community Thread, explained the services provided by Community Thread. She requested $16,000 for general operating expenses and $5,000 for the Connector Bus Loop. Washington County Historical Society Budget Request - Brent Peterson, Executive Director Councilmember Collins acknowledged he is on the Board of Directors of the Historical Society. Mayor Kozlowski stated it was noted at the 4:30 meeting that there were not any lumberjacks in Stillwater. He asked Mr. Peterson for clarification. Brent Peterson, Executive Director of the Washington County Historical Society, answered the term lumberjack is an overall term for anyone who works in the lumber industry. The lumberjacks who cut the trees down in northern Minnesota and northern Wisconsin probably did not work in Stillwater, but the logs they cut followed the tributaries of the St. Croix and down the St. Croix to the boom site. Those who handled the logs would have been working in Stillwater. There were several lumbermills in Stillwater, so if used as a generic term, yes there were lumberjacks in Stillwater. The tree cutters also had specific names: sawyers, teamsters, cooks, managers and all were considered lumberjacks. Mr. Peterson provided an overview of services and showed artifacts recently donated to the Washington County Historical Society. The Society is coming close to completing Phase 1 of the building project and the building on Greeley Street will open in mid -October. He requested a contribution of $7,500 for 2022. Youth Service Bureau Budget Request - Lacey Thompson, Behavioral Health Program Director Lacey Thompson, Behavioral Health Program Director of the Youth Service Bureau, reviewed the programs offered. She requested $11,500 for general operating expenses in 2022. OPEN FORUM There were no public comments. CONSENT AGENDA July 20, 2021 regular meeting minutes Payment of Bills Community Development Block Grant Program Cooperative Agreement Amendment #2 Resolution 2021-100, Resolution Establishing Hourly Pay Rates for Paid On -Call Fire Personnel Resolution 2021-101, Approving Contract with RES Pyrotechnics for Stillwater Fireworks at the Stillwater Lift Bridge & Loop Trail Celebration on August 14, 2021 Rivertown Fall Art Festival Temporary Liquor License Small Cell Telecommunications Services Agreement with SEH St. Croix Valley Rec Center Zamboni Purchase Request Waste Management Revised Amendment Agreement Page 8 of 11 City Council Meeting August 10, 2021 Andiamo Electric Service Relocate Agreement Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Project 2021-06 to consider sidewalk rehabilitation on the 2021 Sidewalk Rehabilitation Proiect Assistant Engineer Abdullah presented a report on the proposed sidewalk rehab project. 28 properties are proposed for repair, approximately 2,869 square feet. The estimated construction cost including removal, replacement, and restoration is $45,540. It is proposed to assess 50% of the costs. This amounts to an assessment rate of $7.94 per square foot. The remaining share would be paid for by the City. Construction would occur in September - October 2021. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2021-102, Ordering Improvement and Preparation of Plans & Specifications for the 2021 Sidewalk Rehabilitation Project (Project 2021-06). All in favor. UNFINISHED BUSINESS Strategic Plan Summary 2021 City Administrator McCarty stated that the Council conducted its annual Strategic Plan work session July 8, 2021. The Strategic Plan Summary 2020-2025 has been updated to incorporate next year's priorities/additions. The City's Mission Statement, Core Values and major Strategic Plan goals all remain consistent moving forward. Motion by Councilmember Collins, seconded by Councilmember Junker, to approve the updated Strategic Plan Summary 2020-2025. All in favor. NEW BUSINESS Summer Tuesdays Event Extension and Waiver of Fees Request City Clerk Wolf stated that Summer Tuesdays, Inc. had to cancel three of their event dates this year due to weather and they are requesting to add a makeup date of Tuesday, August 17. They also have requested to have the $500 event fee waived by the City Council, but would still pay for City services/fees for parking, trash service, electrical box service and use of the amphitheater stage for a total of $179.50. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021-103, Approving Amendment to the 2021 Summer Tuesdays Special event Contract. All in favor. Chicken Permit Application for 1201 Lecuyer Circle Community Development Director Gladhill stated that a complaint was received about keeping chickens without a permit. Property owner Marilyn Gustafson subsequently Page 9 of 11 City Council Meeting August 10, 2021 applied for a chicken keeping permit. Four objections from neighbors were received. The application meets all the requirements of the City Code. Staff feels the issues can be resolved and recommends approval with nine conditions. Councilmember Odebrecht suggested the Council revisit the code stating the coop must be at least 20 feet from other dwellings. This coop is 55" from the property line fence, which severely hinders the neighbors' enjoyment of their yard. Mayor Kozlowski suggested adding a provision that if they were keeping chickens without a permit, they are automatically disqualified from receiving a permit. Councilmember Junker noted with four of the five neighbors voicing a major problem, the issue probably will not resolve itself. Councilmember Collins remarked one of first things to do if someone is serious about keeping chickens, would logically be to check with the municipality on regulations. Councilmember Polehna stated chickens do not belong in the City. Motion by Councilmember Polehna, seconded by Councilmember Junker, to deny a chicken keeping permit for 1201 Lecuyer Circle. All in favor. St Croix River Riverbank Stabilization and Riverwalk Project Accept Bids & Award Contract Public Works Director Sanders stated that the bid opening for the St. Croix River Riverbank Stabilization and Riverwalk Project was August 5. The low bid was submitted by Sunram Construction Inc. in the amount of $2,911,041. The engineer's estimate was $2,850,000. The budget for the project is $3.6M, of which $1.65M is from a DNR Grant, and the remaining coming from City funds. With engineering and construction, the total cost of the project is estimated at $3.9M. An additional $300,000 would be needed for the project. It is possible the difference could come from 2021 or 2022 capital projects bonding. Per the City Administrator, this seems workable. Staff recommends that the City accept the bids and award the contract to Sunram Construction Inc. Mayor Kozlowski asked if there is a possibility of requesting more funding from the State; and Mr. Sanders answered that he can ask, but the grant was for a set amount of $1.65M, not for a percentage of the project. Overage was due to design challenges, permit challenges, having to do some surveys for mussels in the area, endangered species survey, cultural resources survey - all part of the permitting process. The earliest the contractor may start is September. Some staging will be in Bridgeview Park and Parking Lot 1. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adopt Resolution 2021-104, Accepting Bid and Awarding Contract for 2016 Riverbank Stabilization and Riverwalk Project (Project 2016-06). All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna reminded the Council and community of the Lift and Loop Celebration August 14. Page 10 of 11 City Council Meeting August 10, 2021 ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 8:09 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021-099, Approving Flexible Work Arrangement Policy Resolution 2021-100, Resolution Establishing Hourly Pay Rates for Paid On -Call Fire Personnel Resolution 2021-101, Approving Contract with RES Pyrotechnics for Stillwater Fireworks at the Stillwater Lift Bridge & Loop Trail Celebration on August 14, 2021 Resolution 2021-102, Ordering Improvement and Preparation of Plans & Specifications for the 2021 Sidewalk Rehabilitation Project (Project 2021-06) Resolution 2021-103, Approving Amendment to the 2021 Summer Tuesdays Special event Contract Resolution 2021-104, Accepting Bid and Awarding Contract for 2016 Riverbank Stabilization and Riverwalk Project (Project 2016-06) Page 11 of 11 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 August 17, 2021 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:32 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty Administrative Assistant Manos Community Development Director Gladhill Finance Director Provos Deputy Fire Chief Ballis IT Manager Holman Human Resources Manager Robole Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Preliminary 2022 Budget Workshop City Administrator McCarty and Finance Director Provos presented the 2022 Budget Recommendations. The proposed 2022 operating levy increase is $766,664 or 6.80% above the 2021 adopted tax levy. The total 2022 property tax levy increase (operating levy + debt service levy) is proposed to increase by $982,271 or 6.57% over 2021. The total proposed 2022 budget (all funds) is approximately $45,000,000. The City Council must adopt a preliminary 2022 budget and certify the maximum City property tax levy to the County by September 30, 2021. The City Council must also schedule the December 2021 date for the Truth in Taxation meeting for adoption of the final 2022 Stillwater City budget. Department heads were present to answer Council questions. IT Manager Holman stated that in 2022, staff will review enterprise software packages with the goal of selecting an appropriate package that will ultimately get everyone working from the same base. The plan is to select the software in 2022 and implement it in 2023. Next year, the Microsoft Office Suite and exchange server will be moved to the Cloud, which will increase Microsoft costs by about $20,000 a year. Not everything will be able to be moved to the Cloud; there are regulations for certain types of information, for instance the Police Department may use only those places that are approved by the BCA. Police Chief Mueller explained the Police Department is requesting the addition of a captain who will be a visible presence downtown, and a crisis response -specific position. Woodbury, Cottage Grove and possibly Washington County are moving toward hiring mental health professionals, which is a good long term approach. He envisions another City Council Meeting August 17, 2021 captain coming on board after the operational review. There are great candidates at the sergeant level, so he sees no need to advertise externally. Mr. McCarty stated that the Fire Department had requested three FTE positions, but one is being recommended. The part time paid on -call model is probably unsustainable for the future. A department review is not budgeted for, but is worth considering. Deputy Fire Chief Ballis confirmed that the Fire Department has not been fully staffed on the paid on -call side since 2007. There are currently eight openings. Mr. McCarty stated administration is not recommending funding the additional FTE requested in Building Inspection, but instead budgeting for review fees to hire a third party to fill the gap. Community Development Director Gladhill added that using contracted services is not ideal, due to new enforcement code requirements and other issues. Staff will continue to look at shared positions and self-service options. He added that his role has changed from his predecessor in focusing more on economic development. Public Works Director Sanders explained that the requested new Public Works employee will be split 50/50 between parks and streets. Mr. McCarty went on to explain the general fund budget, special revenue funds, special events fund, and St. Croix Valley Recreation Center special revenue fund. St. Croix Valley Recreation Center Manager Doug Brady explained the soccer club pledge structure. Mr. McCarty reviewed the library special revenue fund. Library Director Troendle told the Council the Library Board chooses to invest in staff in 2022, by moving supervisors from 36 to 40 hours per week and increasing two union positions from 18 to 20 hours a week, making them eligible for 50% prorated health insurance. Mr. McCarty summarized the parks fund, community beautification fund, and lodging tax; and Finance Director Provos explained the enterprise funds. Councilmember Junker asked if COVID relief funds can be incorporated into the budget. Mr. McCarty stated the COVID funding will be discussed at the next budget workshop. Since it is one-time funding, he would not recommend incorporating it into the operating budget. The next budget workshop will be September 7. RECESS Mayor Kozlowski recessed the meeting at 5:51 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Land Administrative Assistant Manos Page 2 of 10 City Council Meeting August 17, 2021 Community Development Director Gladhill City Planner Wittman Finance Director Provos Deputy Fire Chief Ballis Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Discover Stillwater Report and Selfie Statue Request, Christie Rosckes, Director Christie Rosckes, Director, explained the tourism marketing strategic plan and reported on the CVB Lodging Tax revenues. April, May and June 2021 was the best spring ever in terms of lodging tax revenues, up 218% since the same quarter of 2020 and up 15% compared to the highest year on record. She presented a preliminary concept for a permanent promotional Stillwater sculpture selfie sign, and requested Council approval to proceed. Councilmember Polehna noted there may be strict historic guidelines for what is allowed to be placed in Lowell Park. City Planner Wittman stated any public improvement project downtown would need Heritage Preservation Commission approval. She recommended that they work with Public Works in choosing the location. Councilmembers voiced support for the sculpture. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve in concept the placement of a Stillwater selfie sculpture in Lowell Park. All in favor. Wild River Conservancy Presentation on Proposed Hog Facility in Town of Trade Lake, WI Mayor Kozlowski stated there has been a lot of media coverage of this proposed hog farm and its possible impact on the St. Croix River. He would like more information to better be able to respond to constituents. Deb Ryun, Executive Director, Wild Rivers Conservancy, explained that Cumberland, LLC applied for a permit to build a 26,000 hog farrowing operation near Trade Lake, Wisconsin. There are well documented environmental, economic, ecological and social negative consequences associated with large scale animal production. It is estimated that the pigs will produce about 13 million gallons of waste annually. The manure would be stored on the 38-acre site then spread on nearby farm fields. Any contamination will move extremely quickly through the system to the St. Croix River. A Town Partnership Project comprised of six towns is proposing a large livestock facility ordinance with ten conditions that would be specific to the plant to ensure there are no long term damaging results if the permit is granted. Mayor Kozlowski asked what residents and others who enjoy the river can do to help; and Ms. Ryun answered they can let Polk and Burnett County officials know that they are watching and concerned. The permit was denied and the corporation will have to reapply Page 3 of 10 City Council Meeting August 17, 2021 due to a siting issue with wetland. When they have reapplied, the Wisconsin Department of Natural Resources will ask for public comment. Proclamation - Eagle Scout Meg Balfanz Mayor Kozlowski recognized Ms. Balfanz for attaining the rank of Eagle Scout. Certificate of Appreciation - Lift & Loop Committee Members and Donors Mayor Kozlowski and all Councilmembers thanked all those responsible for carrying out the Lift & Loop event, and presented Certificates of Appreciation. Councilmember/Lift & Loop Committee Chairman Polehna thanked all who worked so hard on the event. OPEN FORUM Cam Murray updated the Council on Main Street pedestrian crossing flags. The Minnesota Department of Transportation stated that the only two things that would be allowed at the intersection crossing Highway 95 are a flashing beacon (approximate cost $22,000), or a pedestrian hybrid beacon (cost $60,000). Apparently the City of Bayport just decided to put the flags out. This is an option, or leave the situation as is. No action was taken. STAFF REPORTS Police Chief Mueller reported that the Lift & Loop event went well with no significant public safety issues. The Department continues to be visible and engage with the community and the Downtown Precinct is busy. He urged residents to call 911 for any policing issues. The Department has budgeted mental health precautions for officers. Councilmember Polehna complimented the Department on being very well prepared for the Lift & Loop Celebration. Community Development Director Gladhill informed the Council that the committee reviewing the tax increment financing request for the 200 Chestnut Apartments will meet tomorrow to formulate a recommendation for the Council. Staff is meeting with the team working on Lakeview Hospital's future campus plans. There has been an issue with kids accessing the Lowell Inn roof from the parking ramp. Minor changes have helped, and a guardrail may be added. City Administrator McCarty reported that the King Plant Advisory Council will reconvene tomorrow. He stated the City's tax abatement request to Washington County for Central Commons has been scheduled for a Washington County Board meeting on August 24. CONSENT AGENDA Payment of Bills Gambling Application for Bayport American Legion at Lowell Park Great River Greening Contract for Lumberjack Landing Vegetation Management Plan Resolution 2021-105, A Resolution Approving the Development Agreement for Marylane Gateway Addition, Case No. 2021-4 Northern Bedrock Agreement for Historic Wood Window Repair Demonstration Videos Rethos Agreement for Historic Wood Window Repair Demonstration Videos Sanitary Sewer Adjustments Page 4 of 10 City Council Meeting August 17, 2021 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS CPC Case No. 2021-46 to consider an appeal request by Nathan Landucci, applicant on the Heritage Preservation Commission's Design Permit and Planning Commission Variance. Property located at 107 Third St N and 110 Myrtle St E. City Planner Wittman stated that Landucci Homes is proposing to construct a 39-unit apartment building at 107 Third Street North. A new plan submitted yesterday, not yet fully reviewed, reduces the number to 37. The residential use, as well as Large Building Projects in the Central Business District (CBD), require a Conditional Use Permit. Portions of the building are proposed to be 4.5 stories and 48.5' tall (as measured from Third Street North). This exceeds the maximum allowable three stories and 37' height in the Historic Height Overlay District. The applicant requested variances to the CBD Setbacks and the Height Overlay standards. The development requires a total of 74 parking spaces onsite. In addition to retaining the attached, two -car garage for the single-family residence, the developer is proposing to construct four uncovered, tandem spaces outside the building at the entrance to the garage, 20 underground spaces, and an additional 35 enclosed spaces in two different KLAUS Multiparking machines. Therefore, 24 spaces are 'standard', 35 are requested to be approved utilizing alternative provisions, and 13 are requested to be waived. The applicant is also asking for City consideration of a transfer of 40 `parking credits' granted to the current landowner. The Historic Preservation Commission (HPC) considered an updated plan on July 21, 2021 and ultimately denied the Design Permit for the current proposal but indicated a willingness to consider a similar project at three stories tall. The Downtown Parking Commission (DTPC) considered the request on June 23 and July 15 and noted the plan was not in conformance with adopted City Code and unadopted DTPC mitigation policy. The DTPC expressed concern that the KLAUS Multi -parking system may not conform to City Code requirements and that consideration of whether it does or not, as well as the 40-space credit transfer, was outside the DTPC's scope. The DTPC recommends all parking be located onsite. The Planning Commission (PC) reviewed the request in June and July. Commissioners noted they appreciated the addition of residential uses in the downtown area and the 'out of the box' parking solution. However, it was noted the height and mass of the structure are too large for the site and there are traffic safety concerns with too many units near this intersection. Thus, the PC denied the variances and recommended the Council deny the Conditional Use Permit. The City has received public comment from Trinity Lutheran Church and the Steeple Towne's Home Owner's Association asking that the City deny the requested actions. A comment from Catherine and Mark Balay, property owners, voiced support of a project that can balance new construction with preservation of historic resources. City staff believes a modified design that reduces the building's overall height, mass and bulk on both Third Street North and Myrtle Street West would be more conforming to the City Code. Therefore, staff recommends the Council table consideration until September 7, allowing staff to continue to work with the applicant on potential design changes. Since the time of packet distribution, the applicant submitted a redesigned plan which has not been fully reviewed. Page 5 of 10 City Council Meeting August 17, 2021 Councilmember Polehna pointed out that tonight's agenda item is an appeal of the Commissions' recommendations for denial. He questioned why Councilmembers should react to the revisions submitted yesterday without going to the Commissions first; and Ms. Wittman answered that staff advised the applicant the new submission would be provided to the Council for discussion, but there would not be enough time before tonight's meeting to make a recommendation on the new design. Mayor Kozlowski inquired how many residential and guest parking spaces are required; and Ms. Wittman replied that for 39 units, 59 spaces plus 13 guest spaces would be needed. All 59 are being proposed onsite but a majority of them are in the stacking system. The 13 guest spaces are not being accounted for anywhere on the site. For these spaces, the applicant is asking to use the credit assigned to the property. City Attorney Land explained there was an agreement with Trinity Lutheran to credit the church with the 40 spaces that could be transferrable with the consent of the Council. If allowed to be transferred, it was intended that the credit would be used for the post office. The Council consented to the transfer of the credit of those 40 stalls to that property owner. There is no provision in the agreement to transfer them again; it stopped with the current owner. Unless the Council chooses to go back and amend the agreement, there is no ability to transfer those credits to a different property owner. Mayor Kozlowski restated that the intent was to let the post office use the 40 spaces based on their users and required parking, not to park 40 residents there 24/7. Ms. Wittman added that there was also concern from the DTPC that there is no overnight public parking near the site and the draft parking mitigation policy is not done yet. Mayor Kozlowski opened the public hearing. Nathan Landucci, applicant, stated the original proposal for the site, a condo project proposed by Jon Whitcomb, has the same essentials as the brand new design submitted yesterday. He is now proposing to use the 4th floor for the same amenities that were approved with the previous condo plan: bathroom, storage closet, two stair bulkheads, elevator lobby, and green space. The height variance being requested is almost identical to what was approved on the previous project. This project is the same height as the recently approved Reuter Walton site on Chestnut Street. When he signed the purchase agreement he understood there is a City obligation to allow for additional parking that was grandfathered in. The project currently meets the required 1.5 parking spaces per unit, for residents, on site. The stacking system proposed is a simple operation that has been used for 30 years. If one of the components went down with a mechanical failure or power outage, it would only impact the cars above or below it. He is asking for mitigation for 12 guest parking spaces. He is willing to consider the $20,000 mitigation per stall if the grandfathered parking does not pan out. Currently the ramp right next door to this property has no overnight parking. Maybe the City would consider allowing 10 overnight spaces for some of this guest parking. He stated traffic flow will be right -in using the Balay driveway, and right - out onto Myrtle so traffic will never cross the intersection. On a question by Mayor Kozlowski, if the existing Balay house would be able to be built today on its current lot, in the absence of this proposal, because he is concerned about how odd the house will look next to the apartment building; and Ms. Wittman responded that the Page 6 of 10 City Council Meeting August 17, 2021 applicant is not proposing a subdivision. If it had been subdivided, it may be buildable, but a zoning code analysis has not been done. Community Development Director Gladhill added, if this was a legal nonconforming lot, its small size would mean a new home built on it would be much smaller than the home that is there today. Councilmember Junker commented that drivers going down Myrtle Street heading east who want to get into the apartment building would be crossing traffic to make a left turn. Mr. Landucci replied that signage and curbing would not allow vehicular access from the east. Drivers would have to go around the block to Main Street and head up the hill. There would be curbing so that vehicles could not enter from the west without hopping the curb. Public Works Director Sanders added that a traffic engineer reviewed the site plan and traffic for the previously proposed Whitcomb development. He does not think any decision was made. He asked whether the Balay property tenants would drive through the building to get out of the site; and Mr. Landucci answered that they probably they would. Deputy Fire Chief Ballis stated that Fire Code would not allow a curb stop where Mr. Landucci is suggesting, because emergency access must be maintained. The right -in, right - out restriction would have to be enforced via educating residents, not a curb. Mr. Landucci added that the Balays really like this proposal because it maintains the historic house, which will be rented with tenants having access to amenities of the development. Landscaping will provide a buffer between the building and the house. Mayor Kozlowski asked if the house can be moved; and Ms. Wittman answered that it could not be moved without reviews, and staff would view it almost as equivalent of demolition. Historically, the best location for the house is where it is. Steven Wahlquist, 121 N Martha Street, noted that parking in Stillwater is in short supply. He is concerned about not requiring the developer to have guest parking on site. Also, the mass of the building, with the surrounding churches and steeples, does not fit the neighborhood. The Third/Myrtle intersection is scary at best. He encouraged the Council to deny it or require the project be downsized in order to get guest parking on site. Thomas Haugrud, member of Trinity Lutheran Church Council, stated the Church Council reviewed the plan and submitted its concerns to Planning Commission in June. Today the Church Council updated that letter. Trinity is concerned with the size of the development and shares the concerns noted in the planning report, particularly the height, overall scale, parking and traffic issues. Mayor Kozlowski closed the public hearing. Mayor Kozlowski commended Mr. Landucci on his willingness to work with Commissions, Council and staff. He supports some building on this site, but finds it hard to justify the height variance. The height and massing looks way out of place. The project as proposed looks terrible next to the house. He agrees with concerns about parking. He would be willing to have discussions to try to mitigate the lack of guest parking. He predicts residents will disregard signage, making the area more dangerous, considering the angle of the hill and how people drive there. He would like to keep the conversation going. Page 7of10 City Council Meeting August 17, 2021 Mr. Gladhill reiterated staff's recommendation, if the Council wishes to keep working with the developer, to table the application so staff can continue negotiations, check back in with the Commissions, and bring back more information. For full disclosure, he noted there is a TIF application associated with this project also. Councilmember Polehna again noted that tonight's agenda item was to act on the appeal. Ms. Wittman stated if the appeal is denied tonight, the applicant would have to bring back a substantially different application within one year. Councilmember Junker remarked that the project that was approved a couple years ago was an 11-unit apartment building, versus this proposal for 37 units. The 11-unit proposal raised a number of traffic issues. Additionally, now there will be 61 new units a block away on the corner of Myrtle Street, which is a major artery and often has traffic backed up. The issue of massing has come up in every Commission meeting. He is not interested in selling any of the City land as requested, to make this work. Councilmember Odebrecht noted it would be hard to vote against the recommendations of three Commissions, in addition to the church. However. Mr. Landucci has done a great job modifying the plans and working with the Commissions. The project is just not there yet. Motion by Councilmember Junker, seconded by Councilmember Collins, to deny the appeal request by Nathan Landucci, applicant, on the Design Permit, the Use Permit, and the Variance for 107 Third St N and 110 Myrtle St E. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Approve Plans and Specs for the 2021 Sidewalk Project Public Works Director Sanders summarized the 2021 sidewalk project. Staff recommends that the Council approve the plans and specifications. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-106, Approve Plans & Specifications for 2021 Sidewalk Improvement Project (Project 2021-06). All in favor. Declare Cost and Order Hearing on Assessments for the Neal Avenue Phase 2 Project Mr. Sanders reported that Phase 2 of the Neal Avenue improvement Project should be completed by the end of October 2021. The total cost of the project is $1,771,677.44. Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on Phase 2. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2021-107, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Neal Avenue Improvement Project Phase 2 (Project 2019-08); and to adopt Resolution 2021-108, Resolution Calling for Hearing on Proposed Assessment for Neal Avenue Improvement Project Phase 2 (Project 2019-08). All in favor. Page 8 of 10 City Council Meeting August 17, 2021 Order Feasibility Study for 2022 Street Improvement Project Public Works Director Sanders stated that engineering staff would like to proceed with the 2022 Street Improvement Project. The total length of the streets to be improved is 3.81 miles. Staff recommends the Council authorize the preparation of a feasibility study. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2021-109, Resolution Ordering Preparation of Feasibility Report for 2022 Street Improvement Project (Project 2022-02). All in favor. Nomination for the Browns Creek Watershed District Board (BCWD) Mr. McCarty stated the BCWD has manager positions due for reappointment. Two applications were received, and the incumbent is interested in being reappointed. Motion by Councilmember Polehna, seconded by Councilmember Collins, to forward all three applicant names to Washington County for consideration. All in favor. Fire Department Refurbish Request for Ladder Truck and Purchase Request for UTV Response Vehicle Deputy Fire Chief Ballis stated that the ladder truck will be 20 years old in 2022. Capital Outlay funds for its refurbishment are included in the 2021 Fire Department budget. A bid was received in the amount of $129,945. He also stated that a UTV response vehicle is needed to respond to special events involving large crowds throughout the downtown area. Capital Outlay funds are included in the 2021 Fire Department budget. A bid of $28,604 was received. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the request for the expenditure of funds for rehabilitation of the ladder truck. All in favor. Motion by Councilmember Collins, seconded by Councilmember Polehna, to approve the request for the expenditure of funds for the purchase of the UTV response vehicle. All in favor. General Obligation Capital Outlay Bonds Sale Finance Director Provos presented a resolution to solicit proposals for the sale of capital outlay bonds. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2021-110, Resolution Providing for the Competitive Negotiated Sale of $2,760,000 General Obligation Capital Outlay Bonds, Series 2021A. All in favor. Stillwater Armory Lease Agreement Mr. McCarty reported that after two years of discussions with the National Guard, there is a proposed amendment for a three year addendum to the agreement for use of the Readiness Center. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-111, Resolution Approving Amendment No. 1 to Agreement between the State of Minnesota, Department of Military Affairs and the City of Stillwater to Lease Space. All in favor. Page 9 of 10 City Council Meeting August 17, 2021 COUNCIL REQUEST ITEMS Councilmember Polehna updated the Council on Beyond the Yellow Ribbon activities. The 34th MPs who returned from Guantanamo Bay enjoyed a picnic. The yard of a disabled Afghanistan veteran in Lake Elmo has been landscaped and irrigated by volunteers. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 9:20 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2021-105, A Resolution Approving the Development Agreement for Marylane Gateway Addition, Case No. 2021-4 Resolution 2021-106, Approve Plans & Specifications for 2021 Sidewalk Improvement Project (Project 2021-06) Resolution 2021-107, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Neal Avenue Improvement Project Phase 2 (Project 2019-08) Resolution 2021-108, Resolution Calling for Hearing on Proposed Assessment for Neal Avenue Improvement Project Phase 2 (Project 2019-08) Resolution 2021-109, Resolution Ordering Preparation of Feasibility Report for 2022 Street Improvement Project (Project 2022-02) Resolution 2021-110, Resolution Providing for the Competitive Negotiated Sale of $2,760,000 General Obligation Capital Outlay Bonds, Series 2021A Resolution 2021-111, Resolution Approving Amendment No. 1 to Agreement between the State of Minnesota, Department of Military Affairs and the City of Stillwater to Lease Space Page 10 of 10 Page 1 CITY OF STILLWATER LIST OF BILLS A&K Construction Metal plates 860.00 Accurate Radar Specialties Radar unit calibration 560.00 Action Rental Inc. Concrete and mixing trailer 250.00 Advance Auto Parts Equipment repair supplies 1,274.05 Advanced Sportswear Polos 315.00 Amdahl Locksmith Inc Chris Service call & keys cut 114.65 ASCAP Music License 11.08 Aspen Mills Badges 132.50 AT&T Mobility Cell phone 86.28 Baker David Refund of Parking Permit 30.00 Battery 11st US Artillery Cannon Demonstration July 4 2,150.00 BHE Community Solar Solar Energy 5,916.43 Boyer Trucks Equipment repair supplies 14.78 Carahsoft Technology FedRamp Business license 2,700.00 CBL Floors Flooring supplies 1,180.00 CDW Government Inc. Supplies & equipment 2,806.00 Century Link Telephones 487.03 Century Power Equipment Supplies 128.30 Cintas Corporation Uniforms & mat cleaning service 765.45 City of St. Paul Training 150.00 Clifton LarsonAllen LLP Audit 2,875.00 Coca-Cola Distribution Beverages for concessions 686.82 Comcast TV Internet & Voice 480.93 Core & Main Hydrants & supplies 3,723.70 Dalco Supplies 3,640.80 DCA Title Dock Cafe 200.00 Display Sales Co. US Flags 413.00 Dive Rescue International Inc Tuition - Dive Rescue I 1,125.00 ECM Publishers Public hearing publications 247.00 Emergency Automotive Marked patrol 3,958.34 Ferguson Waterworks #2518 Water meters 1,100.00 Flexible Pipe Tool Co. Equipment repair supplies 287.10 Frontier Ag & Turf Equipment repair supplies 67.91 Fuhr Trenching Brick St Pond cleaning 4,700.00 Fury Motors Vehicle repair 153.02 Golden Expert Services Janitor Service 3,700.00 Goodyear Commercial Tire Tires 1,069.70 Gopher State One Call Inc. Locates 417.15 Grafix Shoppe Graphics for black & white 2021 Ford Explorers 2,625.00 Grainger Supplies 686.53 Guardian Supply Uniforms 3,045.65 Hardwood Creek Lumber Inc. Pine lath 270.00 Heritage Embroidery & Design Uniforms 2,456.00 Heritage Printing Inc. Printing service 191.55 HM Cragg Equipment repair 2,036.02 Holiday Companies Vehicle washes 365.00 Hotsy Equipment of Minnesota Repair charges 250.60 Ice Sports Industry Membership 69.00 Iceman Industries Inc. Liquid dust control 2,250.00 Indy Painting Instrumental Research Interstate PowerSysterms Jaytech Inc Jefferson Fire and Safety Inc. Kirvida Fire Inc. Kraft Mechanical Lakeview Hospital Lawson Products Lemoine Chyrisse LeVander Gillen Miller PA Lindstrom Solar LLC Loffler Companies Mansfield Oil Company Marshall Electric Company McDonough's Sewer Service Menards Metro Sales Inc. Metropolitan Council Metropolitan Mechanical Contractors MidAmerica Inc Miller Excavating Minnesota Sodding Company MN Chiefs of Police Assoc. MN Pollution Control Agency MP Nexlevel LLC MSP Outdoor Services Inc Municipal Builders Municipal Emergency Services Municode My Alarm Center Northern Bedrock Historic Preservation Corps Northern Technologies Office Depot OnSite Sanitation Overhead Door Co PERA Performance Plus LLC Pomps Tire Service Inc. Praxair Ditribution Quadient Leasing Quill Corporation R&R Specialties Inc. RES Specialty Pyrotechnics Inc. Rink Systems Inc. Robole Donna Roettger Welding Inc. Safe Fast Inc SEH Inc Sentry Systems Inc. Sharp Auto Parts LLC Painting & lift rental Water testing Equipment repair supplies Bellacide Supplies Fire Tanker repair Exhaust fan replacement Legal blood draw Hardware for Teddy Bear Park Reimburse for SWAT uniforms purchased Professional Services Solar Energy Copier lease Fuel Electrician service Equipment repair charges Supplies Copier Lease Monthly SAC Maintenance Agreement Waste Processing Road repair Mobilization & soccer layouts Permits to acquire handgun Registration - Collection System Basic Locating Mowing service Well # 9 Generator Project Supplies Supplement pages Alarm Monitoring Services Base program fee Professional services Neal Ave Project Office supplies Portable Restroom Building repair City PERA - Joan Larson Drug Screen Tires Cylinders Postage machine lease Office supplies Equipment repair supplies Fireworks Equipment repair supplies Reimburse for conference lodging Fabricated triangles Supplies Maryknoll traffic study Alarm monitoring Equipment repair supplies Page 2 8,948.00 200.00 779.00 289.60 1,377.61 1,206.88 3,450.00 50.00 178.72 286.00 15,911.00 8,115.00 204.32 8,651.03 979.00 1,970.62 1,308.87 44.00 22,141.35 896.50 1,625.88 398,013.68 982.83 39.00 390.00 1,860.00 370.00 25,782.23 1,198.50 762.40 105.12 2,000.00 604.20 467.92 3,148.07 1,199.27 406.57 90.00 317.25 60.85 455.01 333.58 644.00 42,000.00 2,792.80 366.02 294.00 854.26 8,919.71 140.85 75.00 SHI International Corp Sigler Timothy Simplifile LC SiteOne Landscape Supply St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds State of Minnesota Stillwater Motor Company T.A. Schifsky and Sons Taylor Electric TKDA Total Parking Solutions Inc. Tri-State Bobcat True North Consulting Group Uline Inc United Rentals Inc Verizon Wireless Walls Ken Walmart Community Wasche Commercial Finishes WWGoetsch Associates Inc Xcel Energy LIBRARY Amazon Business Art Reach St. Croix Blackstone Audio Brodart Co Card Source CDW Government Inc. Cintas Corporation Cole Papers Comcast Culligan of Stillwater Menards Midwest Tape Minitex Office of MN IT Services Otis Elevator Company Scholastic Inc Tan Ni Zoobean Inc Barracuda Tim Sigler Band at Lift & Loop Filing fee Supplies Arena Billing Tables & bench Decals Vehicle service Asphalt Equipment repair supplies Wellhouse vulnerability study Receipt paper Equipment repair supplies Operations review Supplies Equipment repair supplies Wireless Service Reimburse for Apple Ipad Fun pops Night to Unite Paint smaller shelter at Washington Park Installed new volute & front head Street Lighting Materials & Supplies Valley Concert Winds Materials - Audio (SAAB) Materials Library Cards Monitor Towels & Rugs Paper Products Internet - August Water Supplies Materials RFID Tags Phone - July Elevator Service Programs Programs Programs Page 3 2,760.00 3,000.00 50.25 348.64 62,542.16 18,841.80 12.00 46.74 6,202.74 7,436.00 1,245.13 355.00 1,781.67 6,212.50 5,767.88 145.35 2,738.69 559.99 48.87 8,980.00 4,949.05 52,756.57 640.82 100.00 249.77 4,400.48 578.63 209.65 178.20 111.78 188.06 53.05 29.62 1,115.21 1,197.00 148.35 618.06 263.81 350.00 995.00 illwat!r Administration Memorandum To: Mayor & City Council From: Beth Wolf, City Clerk Date: August 26, 2021 Re: Boards and Commissions Appointments A few Boards and Commissions have openings for members. Staff published the openings, applications were received and interviews were conducted. The recommendations to fill the commission appointments are as follows: Downtown Parking Commission: Cliff Bates, Ward 2 is recommended to fill Jeff Johnson's vacancy with a new ending term of May 1, 2024. John Rheinberger, Ward 2 is recommended to fill Ryan Lettner's partial term that will end May 1, 2022. Human Rights Commission: Sirid Kellermann, Ward 2 is recommended to fill Mike Dophin's partial term that will end May 1, 2022. Joint Cable Commission: No applications were received and staff will publish again for the one open seat. Traffic Safety Committee: Laura Lentz, Ward 2 is recommended to fill Stan Miller's partial term that will end May 1, 2022. Staff will publish again for the remaining open seat. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointment of Cliff Bates, John Rheinberger, Sirid Kellermann and Laura Lentz to their respective Board or Commission. RESOLUTION NO. 2021- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION ADOPTING WRITTEN STATEMENT OF REASONS FOR DENIAL PURSUANT TO MINNESOTA STATUTES, § 15.99, SUBD. 2, FOR A CONDITIONAL USE PERMIT, ASSOCIATED VARIANCES, AND DESIGN PERMIT DENIAL APPEAL FOR THE PROPERTY AT 107 3' STREET NORTH AND 110 MYRTLE STREET EAST CASE NO. HPC 2021-25 AND CPC 2021-38 & 46 AND WHEREAS, the City of Stillwater received a Planning application from Nathan Landucci of Landucci Homes, applicant, and Browns Creek West and Catherine and Mark Balay, property owners of 107 3rd Street North and 110 Myrtle Street West, respectively, for a 4.5 story, multi -family structure in the Central Business District; and WHEREAS, at the June 16, 2021, Heritage Preservation Commission meeting, the Commission discussed the request and noted the proposal did not fit with its surroundings as: the mass, bulk and height of the building did not conform to City standards and adopted guidelines: and its dominates over historic resources within the vicinity; the integrity of historic buildings within the vicinity, including the Lowell Inn, and impairs the Stillwater Commercial Historic District and the downtown `bowl'. Commissioners directed the applicant to explore design alternatives. Commissioner Holmes made motion to table the request, which was seconded by Commission Heimdahl. All commissioners voted in favor; and WHEREAS, at the June 23, 2021, Planning Commission meeting, the Commission discussed the request and noted the request had not been acted upon by advisory commissions. Commissioners directed the applicant to seek recommendations and approvals from the Downtown Parking and Heritage Preservation Commissions. Commissioner Meyhoff made motion to table the request, which was seconded by Councilmember Odebrecht. All commissioners voted in favor; and WHEREAS, at the June 29, 2021, Downtown Parking Commission meeting, the Commission expressed concerns for the parking plan. The commission requested additional information from the applicant, including revising the plan for all parking to be accommodated onsite. Chair McAllister made motion to table the request, which was seconded by Commissioner Anderson. All commissioners voted in favor; and WHEREAS, at the July 15, 2021 Downtown Parking Commission meeting, the Commission noted the plan was not in conformance with adopted City Code and unadopted Commission policy. The Commission expressed concern that the KLAUS Multi -parking system may not conform to City Code requirements and that consideration of whether it does or not, as well as the 40-space credit transfer, was outside the Commission's scope. Given the development site's distance and topography from public parking that allows for residential permitting overnight, the DTPC recommends all parking be located onsite. Commissioner Meyhoff made motion to table the request, which was seconded by Councilmember Odebrecht. All commissioners voted in favor; and WHEREAS, at the July 21, 2021, Heritage Preservation Commission meeting, the Commission reviewed amended plans for the building. The Commission indicated the updated design failed to be in harmony with the building's surroundings. Commissioner Walls made motion to deny the request, which was seconded by Commissioner Thueson. All commissioners voted in favor; and WHEREAS, at the July 28, 2021, Planning Commission meeting, the Commission reviewed amended plans for the building. Councilmember Odebrecht made motion to deny the request, which was seconded by Commissioner Knippenberg. All commissioners voted in favor; and WHEREAS, the applicant appealed the decisions of the Heritage Preservation Commission and Planning Commission; and WHEREAS, the City Council reviewed and considered the request based on the related documents shown in the application in a public meeting held August 17, 2021; and WHEREAS, the Minnesota Statutes, § 15.99, Subd. 2(c), provides that "[i]f a multimember governing body denies a request, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption." NOW THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater hereby adopts the following written statement of the reasons for denial stated on the record at the August 17, 2021, regular City Council meeting by Councilor voting to deny the requested Conditional Use Permit, Associated Variances, and Design Permit appeal request: 1. The request was not consistent with all the standards for granting a Variance as described in Section 31-208 of the Stillwater Zoning Ordinance. More specifically, the City Council members voting against the request stated on the record at the August 17, 2021, regular City Council meeting that the request was not justified for the following reasons: • The proposal was not consistent with the Comprehensive Plan as the building would alter the viewshed and gateway corridor. • Practical difficulties have not been established. • Economic conditions are the primary factor for the variance request. 2. The request was not consistent with all the standards for granting a Conditional Use Permit as described in Section 31-207 of the Stillwater Zoning Ordinance as, without the variance: • The proposed structure does not conform to the comprehensive plan. • The structure will constitute a nuisance or be detrimental to the public welfare of the community. 3. The request was not consistent with all the standards for granting a Design Permit as described in Section 31-209 of the Stillwater Zoning Ordinance. More specifically, the City Council members voting against the request stated on the record at the August 17, 2021, regular City Council meeting that the request was not justified for the following reasons: • The proposed structure did not fit with its surroundings as the mass, bulk and height of the building did not conform to City standards and adopted guidelines. • The proposed structure dominates over historic resources within the vicinity. • The proposed structure jeopardizes the integrity of historic buildings within the vicinity, including the Lowell Inn, and impairs the Stillwater Commercial Historic District and the downtown `bowl'. Adopted by the City Council of the City of Stillwater this 7th day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ti1Iwater lwa ter The Birlh place of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us TEMPORARY LIQUOR LICENSE REQUIREMENTS Applicant must be a non-profit, religious, or charitable organization or club and must have been in existence for at least three years; a political organization; or state university. The following items must be submitted 60 days before the event: $25 per day fee: payable to the City of Stillwater AGED Application for a 1 Day to 4 Day Temporary On -Sale Liquor License Site Plan with location of alcohol service and consumption area Certificate of Insurance with Liquor Liability for the date(s) of the Temporary Liquor License All Licenses must be approved by City Council and MN Alcohol & Gambling Enforcement Division (AGED). 1. Area. Alcohol may be served by the Applicant within the Premises, at a location designated on the site plan and attached to the Application. Liquor shall be confined to the event venue area and the Applicant must provide delineation and signage stating "No Alcohol Beyond This Point" between the event and non- event space to discourage taking alcohol outside the event venue space. 2. Compliance Inspection. The Applicant acknowledges that as a liquor license holder for the Event, it is subject to Stillwater City Code §43-66, Subd. 6, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. 3. Compliance Program. Any service of liquor will require server training by either the Stillwater Police Department or an affiliation recommended by the Stillwater Police Department. Certification of Server Training is required prior to receiving the temporary liquor license (3.2 or on -sale). 4. Event Dates. The event must not exceed 4 days in length. 5. Identification Bracelets. The Applicant will provide at no charge liquor identification bracelets in the Area as required by Public Safety Staff. The Applicant will permit no one to consume Liquor unless they are wearing an identification bracelet, and will be responsible for the issuance of bracelets. The bracelets will be issued only to those who are legally entitled to consume liquor/beer. 6. Insurance. The City requires any function that is open to the public and sells/serves alcohol through a temporary liquor license must provide Liquor liability insurance for the day(s) of the event. Proof of Liquor Liability Insurance Coverage must include the use of the facility or any parking lot used for alcohol service. A certificate that is in effect for the license period an insurance policy or pool providing at least $50,000 of coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of property of others in any one occurrence, $50,000 for loss of means for loss of means of support of two or more persons in any one occurrence must be submitted to the City. The certificate must list the City of Stillwater as an additional insured. 7. Law Enforcement Officer. Police Officer(s), as determined by the Stillwater Police Department, may need to be present at the event during service of alcohol to ensure that no beer or liquor enter or leave the dispensing or event venue Area. Contact SPD at 651-351-4900. FG MINNESOTA DEPARTMENT OF DUEILIC SAFETY Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Summer Tuesday, Inc Address 101 Water Street South Name of person making application City Date organized 2011 Stillwater Cassie McLemore Date(s) of event October 9-10, 2021 Organization officer's name Cassie McLemore Organization officer's name Chuck Dougherty Organization officer's name Cory Buettner Organization officer's name Brandon Lamb Location where permit will be used. If an outdoor area, describe State Tax exemptnumber 45-2531996 Zip Code 55082 Home phone MN Business phone 6515878970 Type oforganization A Microdistillery -J Small Brewer LI Club Charitable Li Religious 1 Other non-profit Zip Code City Stillwater City Stillwater City Stillwater City Stillwater State MN State MN State MN State MN 55082 Zip Code 55082 Zip Code 55082 Zip Code 55082 North Lowell Park in Downtown Stillwater. We will have a beer tent, but will not have it fenced in. We will have signage surrounding the perimeter of our event stating "no alcohol beyond this point". We have hired SSI security to assist in ensuring it stays within our event perimeter. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Insurance is McGarry Kearney Insurance our event insurance is $2 million. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT CityofStillwater City or County approvingthe license $25/day = Fee Amount Date Fee Paid Date Approved Permit Date bwolf@ci.stillwater.mn.us City or County E-mail Address 651-430-8802 City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US -fi I�er Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: September 1, 2021 SUBJECT: Limited Term Employment - Human Resources Specialist Confidential BACKGROUND The City of Stillwater employs an individual in a full time human resources specialist confidential position. The individual in the position began an unexpected medical leave (FMLA) on August 16, 2021. The City's HR Manager has been working extra hours to complete the additional duties of this position since the leave began. The position includes duties of moderate difficulty in direct service to city staff in the areas of employee insurances and ancillary benefits, enrollment and onboarding; human resources recruitment and backgrounding, labor relations research, coordination of Department of Transportation regulated drug testing, workers compensation and records management. The City has explored staffing alternatives, and recommends hiring an individual on a limited term (LTE) basis to assist the HR Manager with ongoing duties and upcoming initiatives. A limited term employee is not benefits eligible due to the temporary status of the position. The wage rate recommended is $24 per hour, anticipating 422 hours needed, for up to $10,128 in compensation. The funding source for the LTE is salary savings. RECOMMENDATION The proposed LTE Human Resources Specialist Confidential role can assist with staffing the Human Resources Department during a leave of absence (FMLA). Earnings are within the approved 2021 budget parameters. Therefore, staff recommends adoption of the resolution entitled, "Approving Limited Term Employment Human Resources Specialist Confidential." City of Stillwater Washington County, Minnesota RESOLUTION 2021-XXX APPROVING LIMITED TERM EMPLOYMENT HUMAN RESOURCES SPECIALIST CONFIDENTIAL WHEREAS, the City of Stillwater, employs a full time human resources specialist confidential position; and WHEREAS, an individual in the human resources specialist confidential position began a medical leave (FMLA) on August 16, 2021; and WHEREAS, the position oversees key areas of moderate difficulty in employee benefits, human resources recruitment and backgrounding, labor relations research, Department of Transportation regulated drug testing, workers compensation and records management; and WHEREAS, the City acknowledges the importance of staffing the position on a limited term employment basis during the approved leave; and WHEREAS, City staff recommend a wage rate of $24.00 per hour effective September 8, 2021, for limited term employment of up to 422 hours, for up to $10,128 in limited term employment earnings. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater hereby approves limited term employment of a human resources specialist confidential position at $24 per hour not to exceed $10,128 earnings effective September 8, 2021. Adopted by the Stillwater City Council this 17th day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk ilwater THE BIRTH P L A C E OF MINSOA PLANNING REPORT TO: City Council MEETING DATE: September 7, 2021 REQUEST: Approval of Marylane Gateway Addition Development Agreement REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION At the August 17, 2021 City Council meeting, the Council approved the Marylane Gateway Addition Development Agreement. Since the approval, it has been determined there were two errors: 1. Excessive Park and Trail Dedication fees were applied; and 2. The sale of the existing home necessitated the connect to municipal sewer and water. A new Agreement has been drafted. Attached is a Resolution authorizing Council approval of the Agreement and rescinding the Resolution that approved the original Agreement. COUNCIL ACTION Staff recommends the Council move to approve the attached Resolution rescinding Resolution No. 2021-10, terminating and cancelling the original Development Agreement, and approving the new Development Agreement. Attachments: Resolution Development Agreement CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION RESCINDING RESOLUTION NO. 2021-105 AND TERMINATING AND CANCELLING THE ORIGINAL DEVELOPMENT AGREEMENT AND APPROVING THE NEW DEVELOPMENT AGREEMENT WITH JAM FREEDOM L. L. C. FOR THE PLAT OF MARYLANE GATEWAY ADDITION WHEREAS, on August 17, 2021, the City of Stillwater ("City") approved the Development Agreement for the Plat of Marylane Gateway Addition ("Original Development Agreement") with JAM Freedom L. L. C. ("Developer") for the purpose of residential development and related improvements; and WHEREAS, certain terms of the Original Development Agreement have been changed, regarding requiring the existing home to connect to City sewer and water and reducing the park dedication and trail dedication fees, therefore, a new Development Agreement ("New Development Agreement") between City and Developer is required; and WHEREAS, the parties mutually desire to terminate and cancel the Original Development Agreement and enter into the New Development Agreement. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater as follows: 1. Resolution No. 2021-105 is hereby rescinded and the Original Development Agreement is hereby terminated and cancelled; and 2. The New Development Agreement is hereby approved, subject to minor modification as approved by the City Attorney and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. Adopted this day of , 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DEVELOPMENT AGREEMENT FOR THE PLAT OF MARYLANE GATEWAY ADDITION BY AND BETWEEN THE CITY OF STILLWATER AND JAM FREEDOM L. L. C. THIS AGREEMENT, made and entered into on the day of , 2021, by and between the City of Stillwater, a Minnesota municipal corporation ("CITY"), and JAM Freedom L. L. C., a Minnesota limited liability company ("DEVELOPER"). RECITALS: WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has applied to the CITY for approval of the DEVELOPMENT PLANS and FINAL PLAT for Marylane Gateway Addition; and WHEREAS, in conjunction with the granting of these approvals, the CITY requires the installation and/or availability of public utilities (sewer and water), public streets, storm sewer pipes, ponds, and other facilities; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 429, and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract defines the work which the DEVELOPER undertakes to complete; and 2. The DEVELOPER shall provide an irrevocable letter of credit and/or cash deposits in the amounts and with conditions satisfactory to the CITY, providing for assurance of payment for the actual construction and installation of the improvements in the DEVELOPMENT PLANS, as specified and required by the CITY. WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional engineer and have been submitted to and approved by the CITY ENGINEER. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT AGREEMENT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY and DEVELOPER agree as follows: ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below. 1.2. BUILDER. "BUILDER" means an entity that will be constructing a residence on a lot in the FINAL PLAT. 1.3. CITY. "CITY" means the City of Stillwater, a Minnesota municipal corporation. 1.4. CITY ENGINEER. "CITY ENGINEER" means the City Engineer of the City of Stillwater or delegatees. 2 1.5. CITY WARRANTIES. "CITY WARRANTIES" means all CITY WARRANTIES identified in Article 12 of this DEVELOPMENT AGREEMENT. 1.6. COUNCIL. "COUNCIL" means the Council of the City of Stillwater. 1.7. COUNTY. "COUNTY" means Washington County, Minnesota. 1.8. DEVELOPER. "DEVELOPER" means JAM Freedom L. L. C., a Minnesota limited liability company. 1.9. DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT AGREEMENT; b) failure by the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) breach of the DEVELOPER WARRANTIES. 1.10. DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes, individually and collectively, all the improvements identified in Article 4. 1.11. DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means all DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT. 1.12. DEVELOPMENT AGREEMENT. "DEVELOPMENT AGREEMENT" means this instant agreement by and among the CITY and DEVELOPER. 1.13. DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all the street infrastructure, utility and grading plans, drawings, specifications, and surveys dated April 16, 2021 and prepared by Elan Design hereby incorporated by reference and made a part of this DEVELOPMENT AGREEMENT. 1.14. DEVELOPMENT PROJECT. "DEVELOPMENT PROJECT" means a residential development to be known as Marylane Gateway Addition that will be constructed on the DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL PLAT. 3 1.15. DEVELOPMENT PROPERTY. "DEVELOPMENT PROPERTY" means that real property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT PROJECT will be constructed. 1.16. FINAL PLAT "FINAL PLAT" means the FINAL PLAT, approved by the COUNCIL, attached hereto as Exhibit B. 1.17. FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, global pandemics, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.18. FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: If to DEVELOPER: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, MN 55082 JAM Freedom L. L. C. Attention: Michelle Hause 613 — 155th Avenue Somerset, WI 54025 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 1.19. INDIRECT COSTS. "INDIRECT COSTS" means the costs related to: a) Finance, administration and legal costs; and b) Engineering services performed by CITY Staff; and c) Testing and Right of Way services; and d) Consulting engineering services. 4 1.20. OTHER REGULATORY AGENCIES. "OTHER REGULATORY AGENCIES" means and includes, individually and collectively, the following: a) Minnesota Department of Transportation b) Washington County c) Washington County Highway Department d) Browns Creek Watershed District e) Minnesota Department of Health f) Minnesota Pollution Control Agency g) Metropolitan Council h) Any other regulatory or governmental agency or entity affected by or having jurisdiction over the DEVELOPER IMPROVEMENTS. 1.21. PRELIMINARY PLAT. "PRELIMINARY PLAT" means the preliminary plat approved by the COUNCIL. 1.22. PRIOR EASEMENT HOLDERS. "PRIOR EASEMENT HOLDERS" means and includes, jointly and severally, all holders of any easements or other property interests which existed prior to the grant or dedication of any public easements transferred by the FINAL PLAT or transferred pursuant to this DEVELOPMENT AGREEMENT. 1.23. SITE IMPROVEMENTS. "SITE IMPROVEMENTS" means and includes, individually and collectively, all the improvements identified on Exhibit C and in Article 3. 1.24. UTILITY COMPANIES. "UTILITY COMPANIES" means and includes, jointly and severally, the following: a) Utility companies, including electric, gas and cable; b) Pipeline companies. ARTICLE 2 FINAL PLAT APPROVAL 2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All conditions contained in the CITY Council Resolution for the FINAL PLAT shall be considered a condition of this DEVELOPMENT AGREEMENT. 5 2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY has received the financial obligations required in Article 15. ARTICLE 3 SITE IMPROVEMENTS 3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own cost, all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for making public improvements. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and in accordance with the approvals of the CITY Council, and all ordinances and PRELIMINARY and FINAL PLAT resolutions of the CITY or any amendments thereto and any Miscellaneous Requirements on Exhibit D, attached hereto. 4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable ground material shall exist in the areas of public street and utility improvements and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period. The cost of said removal, replacement or repair is the responsibility of the DEVELOPER. 4.3. GRADING/DRAINAGE PLAN, EASEMENTS AND HOURS OF CONSTRUCTION ACTIVITIES. a) The DEVELOPER shall construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary outlots and easements for the preservation and maintenance of the drainage system, for drainage basins and for utility service and for utility looping. The DEVELOPER shall enter into any easement agreements and stormwater management agreements with the CITY that are deemed necessary to fulfill the obligations of this Section. The grading and drainage plan shall include lot and building elevations, drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the overall CITY storm sewer plan. The grading of the site shall be completed in conformance with the DEVELOPMENT PLANS, subject only to such design criteria and engineering design and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding any amendment or change to CITY standards for development subsequent to approval of the FINAL PLAT. 6 b) DEVELOPER has dedicated drainage and utility easements as shown on the FINAL PLAT. Additional utility and drainage easements that may be required by the CITY may be granted by an acceptable document as approved by the CITY. Prior to issuance of a Certificate of Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER reflecting conformance with the approved grading plan and confirming that the lot corner monuments are installed. DEVELOPER shall provide the CITY an as -built survey of the DEVELOPMENT PROPERTY in AUTOCAD format after the final rough grading is complete. c) Building construction and general construction activities are limited to Monday through Friday between the hours 7:00 AM and 10:00 PM and on weekends and holidays between the hours of 9:00 AM and 9:00 PM. Site grading/excavation and street and utility construction activities are limited to Monday through Friday between the hours 7:00 AM and 10:00 PM and on Saturday between the hours of 9:00 AM and 9:00 PM. 4.4. STREET SWEEPING. The DEVELOPER is responsible for the removal of all construction debris and earth materials within the public right-of-way typically resulting from site grading, utility and street work, and new home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an unacceptable condition, the CITY will have appropriate equipment dispatched to the site and all costs associated with the clean-up effort will be the responsibility of the DEVELOPER as provided in Section 16.2. 4.5. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured sod from the street curb through each lot in the entire FINAL PLAT. For a lot where the Certificate of Occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph shall be completed by the BUILDER by June 15; for a lot where the Certificate of Occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by the BUILDER by the September 15. Notwithstanding anything to the contrary in this DEVELOPMENT AGREEMENT, it is agreed that in lieu of the BUILDER installing sod on each lot, the BUILDER may provide to a lot owner a certificate that entitles the lot owner to have sod delivered to that lot at the owner's request for installation by the lot owner. BUILDER shall provide an escrow as provided on Exhibit H to ensure compliance with this section. 4.6. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all boulevards within 30 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the DEVELOPER shall remove the silt fences after grading and construction have occurred 4.7. LOT CORNER MONUMENTS. The DEVELOPER shall install all lot corner monumentation within one year from the date of recording the FINAL PLAT, or the monumentation 7 shall be installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs first. At the end of the one (1) year period from recording of this DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written verification by a registered land surveyor that the required monuments have been installed throughout the FINAL PLAT. 4.8. HOMEOWNERS' ASSOCIATION. The DEVELOPER shall create a Homeowners' Association to ensure maintenance of all common elements and common areas, but specifically including any stormwater management agreements and easements with the City, as well as the landscaping requirements stated in Section 4.13.b. A drainage and utility easement will be required over a portion of Lots 1-6, Block 1, Marylane Gateway Addition, and a stormwater management agreement shall be executed between the CITY and the Homeowners' Association to ensure maintenance of the easement area, as articulated in Exhibit D. 4.9. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR DURING CONSTRUCTION. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from the grading or building on the land within the FINAL PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings within the FINAL PLAT, including necessary street maintenance such as grading, graveling, patching and snow removal prior to permanent street surfacing. The DEVELOPER agrees to perform and assume all responsibilities relating to snow removal and ice control, if the streets have not been accepted for winter maintenance by the CITY ENGINEER by October 15, or later if approved by the CITY's Public Works Director. Completion of the work described in the paragraph shall be completed within fifteen (15) days after notice by the CITY to the DEVELOPER that repair or restoration is required. Saturday working hours for the site grading/street and utility construction shall not start prior to 9:00 a.m. 4.10. [This section intentionally left blank.] 4.11. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct a concrete or bituminous surface driveway for the lot in accord with CITY approved standards. For a lot for which a certificate of occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph must be completed by June 15; for a lot for which a certificate of occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by September 15. 4.12. TREE PRESERVATION. The DEVELOPER shall comply with CITY ordinances and the Tree Preservation and Removal Plan dated April 16, 2021. DEVELOPER shall follow CITY policies related to preservation of vegetation and trees and specifically shall exercise reasonable efforts in residential areas to save mature, non -diseased trees and vegetation on the subject land which 8 do not have to be removed for reasonable installation of buildings, streets, utilities or drainage improvements, construction activities related thereto, or site grading. 4.13. LANDSCAPING. The DEVELOPER shall comply with the Tree Preservation and Removal Plan dated April 16, 2021, the landscaping requirements as required under Code Section 32-1, the Landscaping Plan dated April 7, 2021, and the following requirements: a) For the initial landscaping requirements as identified in the Landscaping Plan, DEVELOPER will be financially responsible, which shall be secured by a letter of credit as described in Exhibit C. If such landscaping is not installed by DEVELOPER and if approved by the CITY ENGINEER, when a BUILDER applies for building permits for a lot, then the remaining landscaping requirements shall be secured by an escrow from the BUILDER as described in Exhibit H. b) For new trees planted in the drainage and utility easement, DEVELOPER shall provide a 2-year warranty. The HOA shall be responsible for ensuring the maintenance of the trees within the City's easement. 4.14. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for erosion control in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas and a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS and shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install and maintain such erosion control structures as appear necessary under the DEVELOPMENT PLANS and shall pay an escrow as required in Exhibit G, or as it becomes necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the result of grading and excavation within the FINAL PLAT including, but not limited to, restoration of existing control structures and clean-up of public right-of- way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER shall seed or sod any disturbed areas in accordance with the DEVELOPMENT PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that are reasonably required by the CITY. The parties recognize that time is of the essence in controlling erosion. If the DEVELOPER does not provide erosion control, the CITY may, after a twenty-four (24) hour notice, take appropriate action to control erosion. The CITY may, without notice draw upon any posted financial guarantee to pay costs incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CITY's option, assess the additional costs incurred as part of the DEVELOPER IMPROVEMENTS. 4.15. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER and BUILDER must not transfer or assign their responsibilities to perform the requirements of Street Sweeping, Street Maintenance, Grading Restoration, Access and Repair, Landscaping, and Erosion Control as related to their building permits to any lot purchaser or to each other, without the approval of the CITY ENGINEER. Notwithstanding the foregoing, it is agreed that DEVELOPER may transfer its responsibility for sod installation, provided DEVELOPER remains liable for the performance thereof and it is understood and agreed that upon transfer of the NPDES permit to the BUILDER or buyer of an individual lot, all responsibilities subsumed under the said NPDES permit 9 specific to the subject lot shall, thereafter, be the BUILDER'S or buyer's responsibility and not DEVELOPER'S responsibility. 4.16. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than eight (8) inches, or permit any accumulation of dead weeds, grass or brush. In the event the DEVELOPER fails to comply with this provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed against the property that is in violation. ARTICLE 5 PARK AND TRAIL CONTRIBUTION REQUIREMENTS 5.1. PARK AND TRAIL FEES. The DEVELOPER shall comply with the park and trail fee requirements as defined in the City Code. Park and trail fees identified in Exhibit G must be paid prior to the release of the FINAL PLAT. ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES, as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the DEVELOPER. ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements to approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL are incorporated herein and identified on Exhibit D. 7.2. EXISTING HOME. DEVELOPER shall connect the existing home located at 8483 Marylane Ave. N. to CITY water and sewer and the septic system shall be abandoned. The well may be kept in service for outside, non -potable use, such as landscape or lawn irrigation or car washing, but must not be cross -connected with the CITY water system. If it is not going to be used as noted above, the well shall be abandoned and sealed. 10 ARTICLE 8 [INTENTIONALLY BLANK] ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. Such site improvements are identified on Exhibit C. The DEVELOPER is responsible for contracting and paying for the utility testing costs. The CITY's designated inspector on the DEVELOPMENT PROJECT will coordinate the utility testing activities. All testing reports shall be sent to the CITY with a copy to the DEVELOPER. If deductions are owed on the utility construction pursuant to the MNDOT standards for construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days after DEVELOPER receives notices of such deductions. 9.2. MISCELLANEOUS AND INDIRECT COST CHARGES. The DEVELOPER shall reimburse the CITY for all miscellaneous costs and INDIRECT COSTS incurred or to be incurred by the CITY in connection with this DEVELOPMENT AGREEMENT. Such costs are identified on Exhibit G. If the Indirect Cash Escrow is reduced to $5,000, DEVELOPER shall be required to increase it to its original amount within 30 days of receipt of an invoice from the CITY. This process of replenishing the Escrow shall be required until the Escrow can be released pursuant to Section 15.3. 9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs and reasonable attorneys' fees. 9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of eight percent (8%) per year. 11 ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby warrants and represents the following: a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT PROPERTY in the FINAL PLAT and has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT AGREEMENT. c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER or the FINAL PLAT or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. f) FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf intentionally contains or will contain any untrue statement of material fact or intentionally omit any material fact the 12 g) omission of which would be misleading. Any unintentional untrue statements or omissions shall be corrected or cured within thirty (30) days after the DEVELOPER receives FORMAL NOTICE or obtains knowledge of such error, unless an extension is granted by the CITY. PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS comply with all CITY, COUNTY, metropolitan, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT AGREEMENT against defective material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. Except as stated in Section 4.13b for trees in the drainage and utility easement, all trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements shall be similarly warranted for one year from the time of planting. The warranty period for the drainage and erosion control improvements shall be for two (2) years after completion and acceptance by the CITY; the warranty for the drainage and erosion control improvements shall also include the obligation of the DEVELOPER to repair and correct any damage to or deficiency with respect to such improvements. i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. A list of the CITY permits, licenses, and approvals required is identified on Exhibit E. ARTICLE 11 [INTENTIONALLY BLANK] ARTICLE 12 CITY WARRANTIES 12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and represents as follows: a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. 13 b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. ARTICLE 13 INDEMNIFICATION OF CITY 13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs of suffers, which arise out of, result from or relate to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; 0 approval by the CITY of the FINAL PLAT; g) approval by the CITY of the DEVELOPMENT PLANS; h) failure to obtain the necessary permits and authorizations to construct the DEVELOPER IMPROVEMENTS; i) construction of the DEVELOPER IMPROVEMENTS; j) delays in construction of the DEVELOPER IMPROVEMENTS; k) payment by DEVELOPER for any required costs or assessments; 1) all costs and liabilities arising because building permits were issued prior to the completion and acceptance of the DEVELOPER IMPROVEMENTS. 14 13.2. NOTICE. Within a reasonable period of time after the CITY's receipt of actual notice of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the CITY, during which time the DEVELOPER shall have the right to cure or remedy the event leading to such claim. 13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand, with respect to claims or demands asserted against the CITY by a third party of the nature covered by Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof, the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the CITY; the DEVELOPER will pay all costs and expenses including attorneys' fees incurred in so defending against such claims, provided that the CITY shall at all times also have the right to fully participate in the defense at the CITY's expense. If the DEVELOPER fails to defend, the CITY shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the DEVELOPER. ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT 14.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy afforded by law and any of the following remedies: a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT; b) the CITY may suspend any work, improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit ("LOC") or cash deposit pursuant to Article 15 hereof; d) the CITY may suspend or deny building and occupancy permits for buildings within the FINAL PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and 15 construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER a right to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the CITY ENGINEER, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER the right to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. ARTICLE 15 FINANCIAL OBLIGATIONS 15.1. DEVELOPER'S LETTER OF CREDIT AMOUNT. Prior to release of the FINAL PLAT for recording, the DEVELOPER shall deposit with the CITY an irrevocable LOC for the amounts required in Exhibit C. In lieu of an irrevocable LOC, DEVELOPER may deposit cash or other security acceptable to CITY. 16 All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the irrevocable LOC shall be subject to approval by the CITY Finance Director and shall continue to be in full force and effect until released by the CITY. The irrevocable LOC shall be for a term ending two (2) years after acceptance by the CITY. In the alternative, the LOC may be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates, and further provided that the irrevocable LOC states that at least sixty (60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC or cash deposit, without any further notice than that provided in Section 14.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse prior to two (2) years after acceptance by the CITY. The CITY shall use the LOC proceeds to reimburse the CITY for its costs and to cause the DEVELOPER IMPROVEMENTS to be constructed to the extent practicable; if the CITY ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining proceeds shall be distributed to the DEVELOPER. With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from time to time as financial obligations are paid. 15.2. LOC OR CASH ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. The DEVELOPER may request that the LOC escrow or cash escrow deposits required in Exhibits C and G of the DEVELOPMENT AGREEMENT be reduced at the following milestones: a) Substantial completion of the mass site grading activities; b) Final completion of the mass site grading activities; c) Substantial completion of the sanitary sewer, water main, and storm sewer installation; d) Substantial completion of the streets and streetlights; e) Final completion of the initial public improvements; f) Final completion of the final street improvements. If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of 17 acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. 15.3. DEVELOPER'S CASH FEES AND CASH ESCROW REQUIREMENTS. At the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall deposit cash and cash escrows with the CITY for those items and in the amounts required in Exhibit G. CITY will draw on Cash Escrow for work performed by CITY. Any balance in Cash Escrow shall be released upon substantial completion and release of LOC, at the request of the DEVELOPER. 15.4. BUILDER'S CASH FEES AND CASH ESCROW REQUIREMENTS. DEVELOPER shall notify each BUILDER that certain building permit fees and an escrow shall be required prior to the issuance of a building permit for each lot for those items and in the amount stated on Exhibit H, attached hereto. If the DEVELOPER is the only BUILDER pulling building permits, the CITY, in its sole discretion, may accept an irrevocable LOC from the DEVELOPER for each lot, in an amount equal to or exceeding the total amount of cash escrow requirement that would otherwise be required under this paragraph. ARTICLE 16 MISCELLANEOUS 16.1. CITY'S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS. 16.2. ADDITIONAL IMPROVEMENTS. If the DEVELOPER fails to construct the DEVELOPER IMPROVEMENTS, the CITY at its option, may install and construct the DEVELOPER IMPROVEMENTS. In such case, the CITY, at its option, may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw on the irrevocable LOC or cash deposit. If the CITY specially assesses the cost of any portion thereof, then the DEVELOPER hereby waives any and all procedural and substantive objections to the installation of the improvements and the special assessments, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The DEVELOPER waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The DEVELOPER acknowledges that the benefit from the improvements equal or exceed the amount of the special assessments. 16.3. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT AGREEMENT. 16.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT. 18 16.5. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 16.6. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER. This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired interest of the DEVELOPER in the land made the subject of the FINAL PLAT. 16.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which approval will not be unreasonably withheld. In such case, the third -party buyer will be required to accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT AGREEMENT. Upon satisfaction of such requirements by such third -party buyer, the DEVELOPER's obligations hereunder shall terminate. Absent approval of the Council, the DEVELOPER' s obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 16.8. AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT AGREEMENT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.9. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by and construed in accordance with the laws of the State of Minnesota. 16.10. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 16.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 16.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the 19 DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 16.13. ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to perform all work and inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS. [The remainder of this page has been intentionally left blank.] 20 IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT AGREEMENT. CITY: CITY OF STILLWATER By: Ted Kozlowski Its Mayor By: Beth Wolf Its City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2021, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 21 DEVELOPER: JAM FREEDOM L. L. C. By: Name: Its: STATE OF ) ) COUNTY OF ) ss. On this day of , 2021, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, did say that s/he is the of JAM Freedom L. L. C., a Minnesota limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 (651) 451-1831 22 EXHIBIT A DEVELOPMENT PROPERTY Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: Lots 1-6, Block 1, Marylane Gateway Addition A-1 EXHIBIT B FINAL PLAT B-1 EXHIBIT C LOC REQUIREMENTS SITE IMPROVEMENTS LOC Site Improvement LOC Estimated Construction Cost Site Utilities $110,000 Grading Restoration Cost $125,000 Landscaping $10,000 Street Improvements $30,000 Subtotal: $275,000 Total Site Improvement LOC (125%): $343,750 C-1 EXHIBIT D MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT TO BE RECORDED. a) Letter of Credit or Cash Escrows. DEVELOPER must provide the LOC or cash escrows required in this DEVELOPMENT AGREEMENT. b) All Cash Deposits. DEVELOPER must pay all cash deposits required in this DEVELOPMENT AGREEMENT. c) Park and Trail Fees. DEVELOPER must pay park and trail fees as required in Exhibit G. 2) BUILDING PERMITS. No building permits may be obtained until: a) All the conditions in Paragraph 1 of this Exhibit D have been met; b) The following documents have been recorded: • Final Plat • Development Agreement 3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit D must be satisfied. b) All storm water ponds and associated drainage features including storm sewer and drainage swales have been installed; c) The utilities have been installed. d) The home at 8483 Marylane Ave. N. has been connected to CITY sewer and water. e) As -built surveys have been received by the CITY. f) All trees and shrubs required in Section 4.13 have been planted. g) Homeowners' Association has executed and recorded a Stormwater Management Agreement with the CITY for the drainage and utility easements over a portion of Lots 1-6, Block 1, Marylane Gateway Addition. D-1 4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL PLAT are built upon and until turf is established in each of the individual lots in the FINAL PLAT. 5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated on Exhibit G shall include an appropriate amount as determined by the Director of Public Works to ensure that the DEVELOPER removes any construction debris from streets adjoining the FINAL PLAT and from private properties that adj oint the FINAL PLAT. During the construction of the residences and other improvements within the FINAL PLAT, the DEVELOPER is responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into CITY streets or that may fall from delivery trucks onto adjoining private properties or CITY streets. Further, during construction, the DEVELOPER must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY streets from the delivery trucks that are being used in the excavation and grading of the site. 6) MAILBOXES. The DEVELOPER is responsible for the placement of a mailbox for all the lots within the DEVELOPMENT PROJECT and must comply with the United States Postal Service's mailbox design and placement requirements. The mailboxes must all be of similar design and color within the DEVELOPMENT PROJECT. D-2 EXHIBIT E PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department of Health. 2. NPDES Permit from the MPCA. 3. Right of Way Permit from Washington County. 4. Grading Permit from the CITY. 5. Any approvals required by Browns Creek Watershed District. 6. Any contractor licenses from the CITY or the State of Minnesota. 7. Building Permits from the CITY. 8. Electrical Permits from the CITY. 9. Utility permits that may be required from the CITY, State of Minnesota or any utility company. E-1 EXHIBIT F Intentionally Left Blank F-1 EXHIBIT G DEVELOPER'S CASH REQUIREMENTS AND INDIRECT COST CASH ESCROW CASH FEE REQUIREMENTS City Fees Unit Qty Unit Cost Total Park Dedication Lot 5 $2,000 $10,000 Trail Dedication Lot 5 $500 $2,500 Water Hook -Up Fee (8483 Marylane Ave. N) Lot 1 $4,588.37 $4,588.37 Sewer Hook -Up Fee (8483 Marylane Ave. N) Lot 1 $4,588.37 $4,588.37 Trout Stream Mitigation Fee (AUAR) Acre 1.97 $3,787.07 $7,460.53 Trunk Sewer and Water Fee Acre 1.97 $11,730.20 $23,108.50 Total Cash Fees $52,245.77 INDIRECT COSTS CASH ESCROW Engineering Escrow Total Erosion Control $7,500 Engineering Plan Review $7,500 Engineering Inspection $7,500 Total Escrow: $22,500 G-1 EXHIBIT H BUILDER'S ESCROW REQUIREMENTS AND CASH REQUIREMENTS CASH REQUIREMENTS Building Permit Fees Per Lot Grading Review and As -Built Review $ 150.00 Total Cash Added to Building Permit: $ 150.00 CASH ESCROW Builder Per Lot Grading Escrow $1,500 Landscaping and Trees $1,200 Property As -built Survey & Corner Replacement $2,000 Total per lot Escrow: $ 4,700 H-1 MEMORANDUM To: Mayor and City Council 5 PG From: Shawn Sanders, Director of Public Works Date: September 2, 2021 Subject; MNDOT Limited Use Permit DISCUSSION: Staff has been working with MNDOT to allow for decorative lighting on the Lift Bridge during the winter season. Attached is a Limited Use Permit, that would allow lights to be installed on the Lift Bridge for the next three years. The permit would allow for lights to be installed on both sides of the bridge, upon review and acceptance from MNDOT. RECOMMENDATION: Staff recommends that Council review and approve the City of Stillwater Limited Use Permit with the State of Minnesota Department of Transportation for Highway Beautification Project in the Right- of -Way of Trunk Highway 36 at Stillwater Lift Bridge/ ACTION REQUIRED: If Council concurs with recommendation, they should pass a Resolution 2021- CITY OF STILLWATER LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY BEAUTIFICATION PROJECT IN THE RIGHT- OF -WAY OF TRUNK HIGHWAY 36 AT STILLWATER LIFT BRIDGE. City of Stillwater Washington County, Minnesota RESOLUTION 2021- CITY OF STILLWATER LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY BEAUTIFICATION PROJECT IN THE RIGHT- OF -WAY OF TRUNK HIGHWAY 36 AT STILLWATER LIFT BRIDGE WHEREAS, the City of Stillwater is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Stillwater has approved a plan to construct a Highway Beautification project along the recreational trail on the Stillwater Lift Bridge in the right -of way of Trunk Highway 36 and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a Highway Beautification Project along the recreational trail on the Stillwater Lift Bridge in the right- of- way of Trunk Highway (TH) 36 in the State of Minnesota. The City of Stillwater shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Clerk are authorized to execute the Limited Use Permit and any amendments to the Permit. Adopted by the City Council this 7th day of September 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 8217 (T.H. 36) County of Washington LUP # 8217-0075 Permittee: City of Stillwater Expiration Date: 04/01/2024 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Stillwater, ("Permittee"), to use both the north and south sides of the bridge in the area within the right of way of Trunk Highway No. 36 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. The existing electrical supply as shown on Exhibit "C" attached hereto and incorporated herein by reference. Highway Beautification The Permittee's use of the Area is limited only to this specific highway beautification project, specifically the Permittee's use of the Area for the seasonal installation, maintenance and operation of lighting and decorations to improve the aesthetics of the corridor. In addition, the following special provisions shall apply: SPECIAL PROVISIONS TERM. The term of this LUP is for three (3) years of seasonal use commencing November 15, 2021 and continuing through April 1, 2024 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee thirty (30) days written notice of such cancellation. Such seasonal use during the term commences each November 15th through April 1st occurring during the term and at no other times during the term. This LUP will not be renewed except as provided below. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or LUP — Standardized LUP Form Page 1 of 8 LU1001 8/24/2021 assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will. (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer including the repair to any damage to the Area which could include but is not limited to damage caused by the project to paint, electrical, metal, concrete or any other components of the lift bridge and approaches; and (b) Surrender possession of the Area to MnDOT. Notwithstanding anything in this paragraph 2 to the contrary, upon the expiration date or earlier termination, Permittee shall not be responsible for removing the existing permanent electrical supply as shown as on Exhibit "C" after each seasonal use. Permittee will own and maintain these electrical improvements and at the end of the LUP term remove the improvements if directed by MnDOT. If during the term the Area is unavailable for Permittee's use due to forecasted flooding or other event, after twenty-four hours' notice to Permittee, Permittee shall temporarily surrender the Area to MnDOT. The city will make any modifications or removals that MnDOT direct's; which could include depowering the system or partial or full removal of the lighting system. Permittee shall not have any claim against MnDOT. Upon notice from MnDOT the Area is once again able to be occupied, Permittee may reoccupy the Area for its use hereunder. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, lighting plans and product specifications shall be submitted to and approved in writing by the MnDOT's Metro District Lighting Engineer Greg Kern or designee. Approval in writing from the MnDOT Metro District Lighting Engineer shall also be required for any changes from the approved plan or product(s). All installation or maintenance work shall be inspected and approved by the Metro District Lighting Engineer before use of the lighting system. The Permittee shall notify the Metro District Lighting Engineer at least 3 days in LUP — Standardized LUP Form Page 2 of 8 LU1001 8/24/2021 advance before performing the installation or any changes to the approved plan or products. The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the trail system and bridge. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation, electrical costs and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency signpost within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. The Lift span is subject to operation during the LUP time period. MnDOT requires a 24-hour notice for requests to lift the span. If MnDOT receives a call to lift the span, the Permittee or its contractor is responsible for disconnecting and then reconnecting any lighting to allow the lift operation to occur. Permittee shall designate a contact to perform the needed modifications to the lighting to allow the lift operation to occur at the requested and approved time. If Permittee or contractor is not on site when the lift needs to occur and MnDOT needs to disconnect the lights, the Permittee will not make any claims for damages, costs, expenses, or losses that may occur due to MnDOT's actions. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations LUP — Standardized LUP Form Page 3 of 8 LU1001 8/24/2021 relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any Toss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income - level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. LUP — Standardized LUP Form Page 4 of 8 LU1001 8/24/2021 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Stillwater City Hall 216 North Fourth Street Stillwater, MN 55082 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. GENERAL INSURANCE REQUIREMENTS - COVERAGE REQUIREMENTS. 14.1 Workers' Compensation Insurance Permittee must provide Workers' Compensation coverage for all its employees and, in case any work is subcontracted, Permittee will require the subcontractor to provide Workers' Compensation coverage in accordance with the statutory requirements of the State of Minnesota and Employers liability with limits not less than: $100,000 Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident LUP — Standardized LUP Form Page 5 of 8 LU1001 8/24/2021 14.2 General Liability Insurance A. Minimum Limits of Liability: The Permittee is subject to the terms and conditions of Minn. Stat. Chapter 466 and will maintain Commercial General Liability insurance (or comparable coverage under a program of self-insurance) with Tort Claims limits currently not Tess than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. B. Coverages: X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket Contractual X Products and Completed Operations X State of Minnesota named as Additional Insured 14.3 Automobile Liability Insurance A. Minimum Limits of Liability: Permittee is subject to the terms and conditions of Minn. Stat. Chapter 466 and will maintain Commercial Automobile Liability insurance (or comparable coverage under a program of self- insurance) with Tort Claims limits currently not less than $500,000 per person and $1,500,000 per occurrence for bodily injury and property damage. B. Coverages: XOwned Automobile XNon-owned Automobile X Hired Automobile 14.4 Additional Insurance Conditions: a). Permittee's policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of the Permittee's performance under this contract. b). If Permittee receives a cancellation notice from an insurance carrier affording coverage herein, Permittee agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Permittee's policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. c) Permittee is responsible for payment of contract related insurance premiums and deductibles. LUP — Standardized LUP Form Page 6 of 8 LU1001 8/24/2021 d). If Permittee is self -insured, a Certification of Self -Insurance must be attached. e) Permittee's policy(ies) shall include legal defense fees in addition to the liability policy limits. f). Permittee shall obtain insurance policy(ies) from insurance company(ies) having an "AM Best" rating of A- (minus), Financial Size Category of VII or better, and authorized to do business in the State of Minnesota (or comparable coverage under a program of self-insurance). g). Permittee will be required to provide an insurance certificate prior to each season. 15. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP — Standardized LUP Form Page 7 of 8 LU1001 8/24/2021 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: District Engineer CITY OF STILLWATER By Its Date Date APPROVED BY COMMISSIONER OF TRANSPORTATION And By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes LUP — Standardized LUP Form Its Date Page 8 of 8 LU1001 8/24/2021 EXISTING — RIGHT OF WAY SOP 120/240V I -PHASE PARKING LOT LONG TERM CHAIN LINN SAFETY FENCE (TEMPORARY, SHORT TERN CHAIN LINK SAFETY FENCE .TEMPORARY, r-V- CHESTNUT INSTALL (47 #10 & (1 f #12 GND XHHW-2 -j IN EXISTING2" CONDUIT t � 1 t. STILLWATER FEEOPOINT PAD MOUNTED SERVICE CABINET TYPE SPECIAL 120/240 VOLT -METERED EQUIPMENT PAD. 2• RSC. 3-I/C .3/0 TO XCEL ENERGY POWER POLE INSTALL (2) 20A0 P GFCI BREAKERS & TIME CLOCK IN. EXISTING STII.LWATER CONTRCIL CABINET i_ / �R M+Y[CEkXI51 INL 11GH11NG FROM, HOELAPOHER POLEEOUIPMENT (l INSTALL 141 #10 & (l)#12 GND I EXISTING 2" 9ONOU1 f PLANS INSTALL NEW LOCKABLE NEMA 3R ENCLOSURE WITH TWO 20A WR RATED RECEPTACLES ON SIDE OF CONCRETE PIER. PAINT TO MATCH BRIDGE STRUCTURE. INSTALL3(4" PVC COATED RSC AND FITTINGS & ;4 #10 & f 1) (,H2 GND XHHIV-2 FROM EXISTING J-BOX TO NEW RECEPTACLE ENCLOSURE ' GROUND LINE-1 JJ J JJ3 JIa LUP 8217-0075 EXHIBIT C /_ 'TO* HI- T� NevE 5 EH ,.. •S^^o-T4A gaun GP TON. �1`JV aA \ EXISTING P10.T OF WAT UNDERPASS LUMINA] • • 'e AN w As �I• w Ae •: ELEC - ALL w - ALL EITE ALL - PL a.sw +c M FOR ALL NEW - PULL /RES. NO 5PL1• - NOT PERMITTED. - NEW • REW :4 STEM. REM0 y,+i THROUGH CONC 20 SCALE IN FEET SPECIFIC NOTES: 0 DRILL THROUGH ABUTMENT TO ACCOMMODATE NEW LIGHTING CONDUIT. ROUTE CONDUIT INTO EXISTING FLUSH MOUNTED JUNCTION BOXES. EACH PIER OR ABUTMENT. SEE BRIDGE PLANS FOR FURTHER INFORMATION. 20 EXISTING CONDUIT ENBEODED 1N PIER. ROD AND CLEAN CONDUIT TO ACCOMMODATE NEW CONDUCTORS. REMOVE EXISTING EXPOSED L1GNT1NO JUNCT70N BOXIS AMO CONDUIT TO A POINT 1. BELOW GRADE. A3ANOON INPLACE UNDEROPO{WID LIGHTING CONDUIT.REMOYE E •N^ CONDUIT FROM UNDER SPANS 1 )> ROD AND CLEAN CONDUIT TO ROD AND CLEAN CONDUIT IN w.fl.k•.b,ce.c .., •nr •Y✓JaW v+• ••.T• t •• •• W. <••r•• w•ry •nr M •.• re••• r. . Ali .. w.q •ems TEP•FS 0.� Ar• 1 S.P. 8217-34 LIGHTING PLAN T.H. 36 SHEET 59 OF 62 SHEETS i11wa ter Administration To: Mayor & City Council From: Jason Grode, Parks Superintendent Meeting Date: September 7, 2021 Re: Rivertown Fall Art Festival Event Application The Greater Stillwater Area Chamber of Commerce has applied for a special event permit for its annual Rivertown Fall Art Festival. Over 150 artists and food vendors are expected to attend this event showcasing specialty hand-crafted items, including artist mediums of all kinds: ceramics, clay, culinary arts, drawing, fiber work, glass, jewelry, metal, mixed media, painting, photography, pottery, wood and others. The traditional first weekend in October for the festival lands this year on October 2nd and 3rd. Load -in will occur on Thursday, September 30 and Friday, October 1st and the final clean-up will occur by Monday, October 4th. The North end of Lowell Park will be used along with parking lots (5, 9, 10) and Mulberry Circle. The Chamber is requesting the use of parking lots 5, 9, 10 and Mulberry Circle. The cost for those spaces for 3 days would be $1,332.00. All other associated fees will be invoiced according to the City's 2021 Fee Schedule. ACTION REQUIRED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the 2021 Rivertown Fall Art Festival Event Application, Contract and Temporary Liquor License, subject to coordination of the event with the City's Police Department, Fire, EMS and Public Works to meet the City's requirements. Attachments: Event Application and Site Plan. CITY OF STILLWATER, MINNESOTA 2021 RIVERTOWN FALL ART FESTIVAL AGREEMENT THIS AGREEMENT is made this 7th day of September, 2021 between the City of Stillwater, Washington County, Minnesota ("City), and Greater Stillwater Chamber of Commerce, a Minnesota non-profit corporation, ("Organizer") WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the Greater Stillwater Area Chamber of Commerce to organize and conduct a Rivertown Fall Art Festival in order to foster and promote tourism within the City of Stillwater and the St. Croix Valley and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Dates and Hours of Event. Operations are limited as follows: Setup: Thursday, September 30 & Friday, October 1 - 2 p.m. - 6 p.m. Event: Saturday, October 2 - 10 a.m. - 5 p.m. . Beer Tent, Vendors and Music 10 a.m. to 5 p.m. Sunday, October 3 -10 a.m. - 4 p.m. Cleanup: Sunday, October 3 - 5 p.m. - 10 p.m. and Monday 7 a.m. - 12 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the City Public Works Department by September 17, 2021. 2. Event/Alcohol. The Organization has been granted authority to dispense intoxicating Liquor at the 2021 Rivertown Fall Art Festival. This approval is subject to the Organizer applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by September 17, 2021. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to ensure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security, as directed by the Police Chief and/or increase the Stillwater Police presence to ensure that the alcohol stays with the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to ensure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. f. Signs. The entire venue must be posted with signs that state NO ALCOHOL BEYOND THIS POINT at regular intervals (50-75 feet apart); signs should be a minimum of 18 x 24 in. The number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license selling of Liquor during the event, obtain an alcohol consumption permit and pay the respective fees. Prior to opening date of the Event, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. i. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 17, 2021. 3. Insurance. Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the g• I. City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than September 17, 2021. The insurance protection will have the following limits: A. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." B. Comprehensive Automobile Liability: (1) Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence (2) Property Damage: $100,000 Each Occurrence C. Worker's Compensation Coverage. 4. Contact Information. Organizer shall provide the City updated accurate contact phone numbers. 5. Public Safety Requirements. The organizer agrees that City has the right to increase the requirements to public safety resources based on participant numbers, threats, or weather conditions and any associated City costs will be paid for by the Organizer. 6. Required Information, Meetings, and Documentation. Organizer agrees that failure to provide required information and documents to the City is just cause for the City Council to terminate the agreement. 7. Noise Control. The Organizer is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 8. Police Power. With regard to Event, the City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. In that event, the Organizer will cease dispensing Liquor and must assist the police in the clearing of the Area. 9. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (i.e. Washington County Public Health & Environment, State Electrical Inspector). 10. Exclusive Use of Parks. In return for the exclusive use of the City Parks as identified on the approved overall site plan and/or Event maps, the Organizer hereby agrees to the following: a. Dumpsters. The Organizer must furnish dumpsters or roll -off boxes according to a plan approved by Public Works Staff in sufficient quantity to contain the accumulation of trash generated by the Event. Organizer must ensure that all trash or garbage is collected and hauled away daily in the Event areas. i. Dumpsters and trash receptacles in the Event Areas must be picked up and emptied each day during the Event. The City may amend the plan and require additional dumpsters or trash receptacles if the need arises. ii. If possible, Organizer will provide recycling and organics containers for the Event. b. Traffic Control. To ensure traffic and pedestrian control the Organizer must place standard reflective barricades according to a plan approved by the Public Works Director or his designee. Barricades may be supplied by the Organizer, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. c. Electricity and City Water. Existing electrical boxes will be opened by the City to provide access for the Event and invoiced according to the current City Fee Schedule. If access to water main or hydrants is needed, the Organizer shall make arrangements with the Board of Water Commissioners and pay related water fees. d. Restrooms. Additional portable restrooms must be provided by the Organizer if deemed necessary to protect public health as determined by the Public Works Superintendent. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip restrooms, however, the Organizer will be responsible for maintaining, cleaning, staffing and security and supervision for restrooms. If the Organizer elects not to provide these services it must notify the City at least two weeks prior to the event, and in that event, the Organizer will bear the City costs associated with this work. e. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system is easily damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the Park. Organizer must work with the City Public Works Department to determine the location of the irrigation system. Public Works will provide irrigation locates in areas where tents will be staked on Friday, October 1, 2021. f. Grey Water. The Organizer agrees to ensure that all vendors' waste water be discharged into a holding tank approved by Washington County Public Health & Environment. Vendors without an approved holding tank must discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. Grey water barrels or holding tanks shall not be disposed into the City's sanitary or storm sewers, for any reason. Use of City Parking Lots. The Organizer will be using Lots 5, 9, and Lot 10 for Food Vendors and Vendor parking. THERE IS ABSOLUTELY NO STAKING INTO PARKING LOTS. Organizer will be responsible for any damage. Payment for the Parking Lot(s) and/or on -street parking spaces will be charged according to the City's Fee Schedule or the Downtown Parking Commission's recommendation. g• The City prefers the Organizer to stage the activities in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. 11. Event Fees. The Organizer agrees to submit event fees as stipulated in the 2021 Fee Schedule payable to City by September 17, 2021. 12. Rules for Vendors. a. Food Vendors. All food vendors must be inspected and approved by Washington County Public Health & Environment and the Stillwater Fire Department and the State Electrical Inspector prior to beginning operation. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer must provide a complete list of all vendors to each of these agencies at least two weeks prior to the event. c. No Camping. No camping in tents, trailers or campers is allowed in the Downtown during the events. 13. Damage to Parks. Paved Trails and Parking Lots. All damage to parks, paved trails, or parking lots must be repaired at the expense of the Organizer whether caused by the Organizer or its vendors. The City will deduct the cost of repair from Organizer Deposit, however, the Organizer will remain responsible for costs and repairs that exceed the Deposit. 14. Clean -Up. On the day following the close of the Event, weather permitting, the Organizer will clean Lowell Park and other areas that have been impacted by the Event. The Organizer is responsible for all costs, incurred for the clean-up of areas neglected by the Organizer. 15. Term of Agreement. This Agreement will remain in effect for a period of one (1) year from the date of its execution. Further, in the event that a determination is made by the City Council, based upon the advice of the Police Chief that the Event is a threat to the health, safety or welfare of the community, the City Council reserves the right to cancel any remaining term and terminate this Agreement. 16. Event Application. The Application for the Event as submitted by the Organizer and any amended documentation is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 7th day of September 2021. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this 7th day of September, 2021 before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss ) Notary Public GREATER STILLWATER CHAMBER OF COMMERCE Robin Anthony, Executive Director On this day of September 2021 before me, a Notary Public within and for said County, appeared Robin Anthony to me personally known, who, being duly sworn, did say that she is the Executive Director of the Greater Stillwater Chamber of Commerce and that this instrument was signed as the free act and deed of the non-profit corporation. Notary Public rHr $IU1Hr44 Et art Y1MNli0Tl1 EVENTS PERMIT APPLICATION 216 4th Street North Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: April 22, 2021 Office Use Only RECEIVED ram•. Date Application Received�Of $tillyafer Type: Event Special E e tmi velffUlOflntract APR 2 zi 2021 Event Information Title/Name of Event Rivertown Fall Art Festival 9/30/2021 Event Date/Time: Set up: Date Time to Actual Event: Date 10/01/21-10/03/21 Time to Clean up: Date 10/03/21 Time to (Events after 10:00 p.m. require a variance from City Council) LocationP(Address) of Event: (If in Lowell ark please specify north or south Lowell park): North Lowell Park, Lots: 5, 9, 10 & Mulberry Circle Description of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) The Rivertown Fall Art Festival has been popular and well attended in the Midwest. This juried Art Festival features over 150 artisans showcasing specialty hand-crafted items, including artist mediums of all kinds: ceramics, clay, culinary arts, drawing, fiber work, glass, jewelry, metal, mixed media, painting, photography, pottery, wood and an others category. Estimated Attendance (participants and spectators): 1,400-5,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Greater Stillwater Chamber of Commerce Mailing Address: 333 Main Street N. #202 City, State, Zip Code: Stillwater, Minnesota, 55082 Primary Contact/Applicant Name: Robin Anthony, Executive Director Phone Number: 651-439-4001 Fax: CellPhone: 612-860-0947 Email Address: director@greaterstillwaterchamber.com Website Address: greaterstillwaterchamber.com Name of contact person during event: Robin Anthony, Executive Director CellPhone: 612-860-0947 Alternate contact during event: Lindsay Belland, Events Coordinator CellPhone: 651-955-8065 Refer media or citizens inquires to: Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features 10-20 throughout event- sandwich Will any signs/banners be put up No ■ Yes ® Number and size: signs to Md. Size banners on tents Will there be any inflatables? No Yes ■ Insurance certificate from rental vendor is required Music & Dance Fees for electricity may Will there be entertainment? No ■ Yes What type: apply see Instructions 10a-8p Saturday, 11a-4p Sunday Will sound amplification be used? No ❑ Yes A Hours and Type: Tent, 10x20 Stage Will a stage or tent(s) be set up? No ■ Yes ►5 Dimensions:30x60 Will there be temporary fencing? No ►1 Yes ■ How many 140 Fees for electricity may Will merchandise/food items be sold? No ■ Yes U vendors expected: apply see Instructions Will food be prepared on site? No ■ Yes m Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ■ Yes ►A Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No ►� Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes See Alcohol Regulations in the Instructions Will there be a fireworks display? No ►_/ Yes ■ Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. Electric will be needed in all areas with the exception of ykrixtx55t. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available Social media, press release, posters, possible TV, radio and newspapers. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No ■ Yes ® Start/End Time: 2pm Thurs- 6pm Date: City Sidewalks or Trails No b 1 Yes 11 Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes * Start/End Time: 2pm Thurs- 6pm Date: Fees may apply Will event need barricade(s)? No ■ Yes 1= Number needed: 10 Instructions see Fees may apply Will extra picnic tables be needed? No ■ Yes U Number needed: 10 Instructions see Fees may apply Will portable restrooms be needed? No ® Yes ■ Number needed: see Instructions Fees may apply Will extra trash receptacles be needed? No M Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: Contract with Maroney's and OnSite Will event need traffic control? No �� Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Fees may apply see Instructions Will "No Parking Signs" be needed? No • Yes • Number needed: Show location(s) on site map Will event need security? No • Yes Z If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: Sam Ehlenz- Security Specialist Inc. Will event need EMS services? No Yes ❑ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: On site medic- Blueline Medical Services Describe the emergency action plan if severe weather should arise: Tents down, achor lose items and take shelter in surrounding businesses List any other pertinent information: We are requesting that the city work in partnership with the Chamber to subsidize public safety fees in exchange for a Event Partner sponsorship. The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "cis their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provide s application. 1 realize my submittal of this application request constitutes a contract between myself and the City of Stillwaterle of L' ty. 1-7a 1 Signature of Applicant or Authorized Agent Date vlP Parking Artists 1-99 Blue, 100-135 Orange Loading Zone 1 Mulberry Circle Closed CHAMBER way only 2 one e 3 for Loading Loading -Lone g T Face 2021 Rivertown Fall Art Festival Greater Stillwater Chamber of Commerce Oct 2th10-5pm Oct 3th 11-4 pm ivr 0/14 6t� Face Units Face Units g A to $ *'I = Security Guards ilwater THE BIRTH P L A C E OF MINSOA PLANNING REPORT TO: City Council MEETING DATE: September 7, 2021 REQUEST: Approval of the State Historic Preservation Office Certified Local Government Contract Amendment #2 for the City of Stillwater to host the 2021 Statewide Historic Preservation conference REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION The State Historic Preservation Office (SHPO) chose Stillwater to be the host city for a statewide historic preservation conference in 2020. To offset the costs associated with this conference, the Community Development Department was awarded a $13,800 Certified Local Government grant which the Council accepted in July of 2019. Since the conference went virtual last year, we amended the grant agreement to carry the funds into 2021. Given this year's conference will also be virtual, City staff and the HPC (with guidance from the SHPO) had to find creative ways to spend the money since funds could not be carried into an additional fiscal year. The activities include: Activity Cost Conference Speaker Honorariums and Fees $6,500 Historic Wood Window Restoration Videos $4,900 NAPC CAMP Training $7,000 $18,400 The SHPO has requested the City amend the grant agreement to acknowledge the scope change as well as the $4,600 increase. COUNCIL ACTION Staff recommends the Council move to approve the State Historic Preservation Office's grant amendment #2 for the 2021 Statewide Historic Preservation conference and authorize the city planner to execute the contract amendment. Attachments: Resolution Contract Amendment #2 RESOLUTION NO. 2021 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA APPROVING THE STATE HISTORIC PRESERVATION OFFICE CERTIFIED LOCAL GOVERNMENT GRANT CONTRACT AMENDMENT #2 WHEREAS, the State Historic Preservation Office annually holds the statewide historic preservation conference (Conference) in a Minnesota city or town each year; and WHEREAS, the City of Stillwater was chosen to be the host city for the 2020 Conference; and WHEREAS, the 2020 Conference had been postponed to 2021; and WHEREAS, the Stillwater Heritage Preservation Commission has been awarded a $13,800 Certified Local Government grant from the State Historic Preservation Office to help offset the costs associated with the Conference; and WHEREAS, due to the virtual nature of the 2021 conference, the City of Stillwater's conference contributions changed, resulting in an award increase of $4,600 for a total project cost of $18,400; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Stillwater, MN that the grant contract Amendment #2 between the City of Stillwater and the State Historic Preservation Office for the 2021 Statewide Historic Preservation Conference, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, the City Planner is hereby authorized to sign said grant contract amendment on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 7th day of September, 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Abbi Jo Wittman City of Stillwater 40th Annual Statewide Historic Preservation Conference Host City Application SHPO Certified Local Government (CLG) Grant FY19 City ofStillwater Mr. Ted Kozlowski 216 4th St N Stillwater Stillwater, Minnesota 55082-4898 Ms. Abbi Jo Wittman 0: 6514308820 216 4th St N Stillwater Stillwater, Minnesota 55082-4898 awittman@ci.stillwater.mn.us 0: 6514308822 SHPO Certified Local Government (CLG) Grant Printed On: 1 September 2021 FY19 1 Abbi Jo Wittman City of Stillwater FollowU p Form City of Stillwater: Amendment #2-Grant Contract Agreement Amount Increase Effective Date 07/01/2019 Original Expiration Date 07/31/2020 Amended Expiration Date 09/30/2021 Original Amount Awarded $13,800.00 This Amendment • This amendment represents a grant contract agreement increase of $4,600. Total Contract Amount as a Result of Amendment #2 $18,400.00 Project Name 40th Annual Statewide Historic Preservation Conference Host City Application SWIFT Grant contract No. - 163184/300-8810 Recitals This amendment is by and between the State of Minnesota, through its Commissioner of Administration ("State") and the Grantee. 1. The State has a grant contract with the Grantee identified in the above SWIFT grant contract number. 2. The grant contract is being amended to reflect a change in the total contract amount. 3. The grant contract is increased by $4,600. 4. The State and the Grantee are willing to amend the original grant contract as stated below. Amendment to Section 1. Term of Grant Contract The amended contract deletes the following : 4.1 Consideration SHPO Certified Local Government (CLG) Grant Printed On: 1 September 2021 FY19 2 Abbi Jo Wittman City of Stillwater a) Compensation: The total obligation to the Grantee is not to exceed Grant Amount The amended contract adds the following : 4.1 Consideration a) Compensation: The total obligation to the Grantee is not to exceed the Total Contract Amount as a Result of Amendment #2. 1. STATE ENCUMBRANCE VERIFICATION ELECTRONIC SIGNATURE Individual certifies that funds have been encumbered as required by Minn. Stat. § § 16A.15 and 16C.05. Date Swift Grant Contract Number 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant amendment on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. ELECTRONIC SIGNATURE Title Date GRANTEE SECOND SIGNATURE Only use this if your organization's policies require multiple entities to sign contracts. ELECTRONIC SIGNATURE Title DATE 3. STATE AGENCY ELECTRONIC SIGNATURE Title DATE SHPO Certified Local Government (CLG) Grant Printed On: 1 September 2021 FY19 3 Abbi Jo Wittman City of Stillwater File Attachment Summary Applicant File Uploads No files were uploaded SHPO Certified Local Government (CLG) Grant Printed On: 1 September 2021 FY19 4 i11wate r THE BRTHLLE OF MNNFOA PLANNING REPORT TO: MEETING DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: ZONING: REPORT BY: Planning Commission August 25, 2021 Eric Siskow Stillwater Health System Zoning Text Amendment to allow EMS Facilities in the Business Park Industry (BPI) zoning district N/A BP -I, Business Park - Industrial Abbi Jo Wittman, City Planner CASE NO. 2021-47 INTRODUCTION Stillwater Health System is seeking a Zoning Text Amendment to allow Emergency Medical Services (EMS) Facilities in the Business Park Industrial (BP -I) zoning district. If approved, they will start the process to request an EMS Facility, to be used by Lakeview Hospital, be located adjacent to their Curve Crest clinic, located at 1500 Curve Crest Boulevard. This would require re -platting the property which would come back before the City at a later date. On August 25th the Planning Commission held a public hearing to consider the request. The Commission determined that, if located adjacent to and operated in conjunction with a medical facility (outright allowed in the BP -I district), then they should be allowed by Conditional Use Permit. Therefore, in a 5-0 vote, the Commission recommends the Council approve the Zoning Text Amendment memorializing such action. SPECIFIC REQUEST Consideration of a Zoning Amendment — Text (ZAT) to allow Emergency Medical Services (EMS) Facilities in the Business Park Industry (BPI) zoning district. ANALYSIS The Zoning Chapter of the City Code (Section 31-205) makes allowance for amendments if: 1. The amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan; and Case 2021-47 Page 2 2. The public necessity and the general community welfare warrant the adoption of the amendment. Goal 1 of the Land Use Chapter of the 2040 Comprehensive Plan is to "maintain a healthy balance in land uses between residential, commercial, research & business park, industrial, and park/open space." Unconditionally changing the allowed uses in the industrial zoning district to non -industrial uses works against the Comprehensive Plan goal. However, a total of 105.5 acres are zoned BP -I, but only half that acreage is currently put to industrial uses; currently only 52.8 acres, or 0.9% of the City's land area, has industrial uses on it. In other words, the City allows for uses in this district that are in conflict with the intent of the district as well as the land use goals of the current Comprehensive Plan. Lakeview EMS has no opportunity for growth in its current location nestled in a residential area at Lakeview Hospital, 927 Churchill Street West. The Economic Development Chapter of the 2040 Comprehensive Plan places emphasis on supporting business expansion in the West Stillwater Business Park area. Changing the City Code to allow for EMS Facilities to be located in the Business Park — Industrial area would support the goal to "[i]ncrease the tax base and provide opportunities for economic growth for Stillwater and Stillwater area residents." It could also help support health equity within the community, as noted in the Sustainbility Framework. The Comprehensive Plan acknowledges the Business Park/Industrial land use provides for traditional industrial, limited manufacturing and processing of products. It notes proximity to regional road corridors is a critical factor in locating in these areas. While EMS Facility operations are not consistent with traditional industrial uses, they do have similar needs. All city -zoned BP -I lands are located along or within a close proximity to Major Collector or Minor Connector roadways; quick access to these roadways and regional road corridors is critical to response times. Currently, the City Code does not contemplate the allowance of EMS Facilities in any zoning district. That said, the BP -I district allows for medical and dental offices as outright permitted uses. Additionally, government facilities and fire stations are allowed as conditionally -permitted uses. It could be argued that EMS Facilities are ancillary to these medical uses and are substantially similar to the conditionally -permitted uses. Therefore, allowing EMS Facilities in the BP -I (potentially as a conditionally -permitted use) would be relatively consistent with the zoning code. Furthermore, placing restrictions on size and/or location, such as adjacency to existing medical facilities, could help preserve industrial lands. POSSIBLE ACTIONS The City Council has the following options: A. Move to approve, with or without changes, the attached Zoning Text Amendment Ordinance, approving EMS Facilities in the BP -I district by Conditional Use Permit. If the Council has non -substantive changes, it may act on the application without requesting reconsideration by the City Planning Commission. If substantive changes are proposed, the request must be deferred back to the Planning Commission. B. Deny the Zoning Text Amendment. With a denial, findings of fact supporting the decision must be provided. Case 2021-47 Page 3 C. Table the request for additional information. FINDINGS AND RECOMMENDATION There is a need by Lakeview EMS to expand their facilities. Doing so in an area within close proximity to major roadway and the regional transportation corridor would be an asset to their operations. Changes like the one requested, however, would allow one more non -industrial use possible. City staff finds that the continued conversion of industrially zoned property to non- industrial uses is poor practice and inconsistent with the land use given by the Comprehensive Plan. On the other hand, it could be argued that if the amount of industrially zoned land was insufficient, there would be pressure to increase the amount of land available for manufacturing and product processing. That has not been the case for decades. Additionally, it unlikely the City would field requests for multiple EMS Facilities within the community. So, on balance with other Comprehensive Plan goals and objectives, the request helps support a number of other intents for the community. By providing expansion opportunities for Lakeview EMS, the City's economic and sustainability goals and objectives are being furthered. Therefore, both staff and the Planning Commission recommend the City Council approve the requesting Zoning Text Amendment by approving the first reading of the attached Ordinance. Attachments: Application Narrative City Zoning Map 2040 Comprehensive Plan Future Land Use Map Draft Ordinance Cc: Eric Siskow . LOUCKS LAKEVIEW EMS FACILITY - DESCRIPTION OF PROJECT Request for a Zoning Text Amendment to allow for a proposed Emergency Medical Services (EMS) Facility located on the current HealthPartners Clinic property in the Business Park Industrial (BPI) zoning district. The proposed EMS building will be an estimated 11,250 sf facility of one-story height with a decorative exterior masonry / brick facade. The vehicle garage area will be 6,500 SF and will contain (6) drive-in bays to hold up to (12) emergency vehicles. The garage will also be utilized for light maintenance and repair work. The EMS living quarters will contain (6) sleeping units, along with a kitchen, dining, lounge area, and workout room for staff. The building will also have a large training room for up to 20 EMS staff. There will be on -site parking per city requirements along with a detached outdoor trash enclosure constructed of like materials. Re -platting of the property will occur to combine the parcels with PIN numbers 32.030.20.42.0021 and 32.030.20.42.0022. An approximately 4.00-acre parcel will be created on the northwest side of the property for future sale in the BPI zoning district. PLANNING I CIVIL ENGINEERING I LAND SURVEYING I LANDSCAPE ARCHITECTURE I ENVIRONMENTAL www.loucksinc.com 17200 Hemlock Lane, Suite 300, Maple Grove, MN 55369 1763.424.5505 Miritionner ..® ■rem .orm 306 !iI'10V1 1 ® 31009 304 m 1 302 224 memo� ® 1205 1206 ®I®u® � 1207 230 QF(�Yj. 1 flflfl®® 202 1 \N �S q7r VVEST WORT 2,9 207 121, ,205 203 f k 205 civ rI20, 201 1212 l . 17 rEtimma ®ErEm � ®�®1ME ® MEMP 1 ME 820 yii �� 104 813 HIflflH! M 109 11p 110 ,07 = iCk7® L 125 �k'® ffliminuntemocre WIL:= '14 minginilli ® ®®�®1111®� , E -303 ®®® 11 M� ME 303 209 ®®®®ron .i�':Or3�'�308 304 ®210® ®® ®®p}®� +R61 . 1F.,...0. ®�®�3 ��®309 mar i� C�L7�1®+ 7I®®® -,®U®®�®® 1206 ®1��1EMOMENUMMIEFIU 1 IIM as :7 �102a@1111@ 1I111E� EUh==i0ill 4 atex, �� 101ip®m® �`1.■hiFIE1 1�s� 001 11 1001 �LJ1 1004 `Rii��iO3 11 1-'1008 1003 w.v �,-eam=='n� c c ��_ �wi r- M • ®®-®2,2 502��� 404 �310 306 ninon �iiR��i l'ri-ANOMME101 ME ® _ 810 _®��eiiii� ® 72®� � I 720 ® - MEM - -_ N • : - - • ���1®�®®ora t��:� o; ���n �� �0 er 409 to p16 Fir rid 1 mmElm 303 cal ITME 506E M� 905 N�� M ®R MEI Enid ® rIEMENTEMEM ®®®�®� N � 110010 ELI is IMMO M. E MEEPkW111,11WIERINPTIMIMMIE11111Frimild 1017 50 0 ' m01 - 5I� , ®� � �� 'L 1201 UUEhiEll15 i ®an BEGO - 1220 ®P nem Elm ---L___J. (,`KIIC IS.-J�O94.-lyQBTX--_ COUNTY ROAD 64 MCKUSI 0-08 3770-78 37 ��itAlMRfr-8 NE-laewM____ VI 1120 gOMI 1140-60 41 11 g- 1141-51 ri iliwater The Birthplace of Minnesota Zoning August, 2019 1,000 500 0 1,000 2,000 Feet District AP: Agricultural Preservation V° LR: Lakeshore Residential �0° CTR: Cove Traditional Residential RA: One Family Residential TR: Traditional Residential o� ' OCR: Cove Cottage Residential � RB: Two Family Residential CR: Cottage Residential � TH: Townhouse Residential CTHR: Cove Townhouse Residential � RCM: Medium Density Residential RCH: High Density Residential CBD: Central Business District VC: Village Commercial +� CA: Commercial BPC: Business Park Commercial BPO: Busness Park Office BPI: Business Park Industrial +� CRD: Campus Research Development if PA: PublicAdministration � PWF: Public Works Facility if PROS: Parks, Recreation and Open Space Parcels Located Outside Stillwater 64 .. U rban Features "N" Municipal Boundary - - Road Centerline G ROW S urface Water _- Lakes and Ponds Rivers S:1Planning\GISlzoning120191Zoning 2019.mxd ■ ■ ■ South Twin Lake MC'KEISICK--RD•N w 75TH ST N 5 tstBLVDW, 0 a 9G 11 Fgq.. o�,SQ\.� gel L,2 ■ PO ▪ Q� 1 • ■ HAZEL ST 6 IIIN111 :11 ■11 }} -_ - 1NI11111111 NIA ■- it a — q% •N 1N1 5•1•11 .1 IN .■�� _I•I 1111�111 1H11111 • IE _ !!=. M11111 111EM 1= i1� ••111E 11I 111M ■_ -11111111N1111Mpia••1H111WIrlL�lrC.l���`SwW����1'I . - III. i1111— • IV s .-. m e• El 60TH ST N ■•1 IIl111N \ mitIII111e ui11111: IIIIIIIIIIEoJI11111111 •1•1111� 5T-W 11 11•111 mommi ••1 �' v •• Ni ■ ■ L �RL•EANSST.Ea 6511H.Sir er ■ ■ z ■ •• • zW pr ■a O • •• 0 ■ • N. • • 95 59TH ST N 21 iliwater THE BIRTHPLACE OF MINNESOTA Future Land Use Plan City Limit Future Land Use Very Low Density Residential Low Density Residential Low/Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Community Commercial • Downtown Mixed Use ■ Business Park/Industrial /// Highway Mixed Use Institutional Research, Development Park Park, Rec or Open Space Marina Wetland Open Water ROW Figure 2.11: Future Land Use 0 1,000 2,000 4,000 Feet PLAN OF STILLWATER 0 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 H11111111111 2-19 ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-325 ALLOWBLE USES IN NON-RESIDENTIAL DISTRICTS The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-325 relating to allowable uses in non-residential districts, specifically EMS Facilities, is hereby amended to read as follows: ALLOWABLE USES BP -I Institutional EMS Facilities27 CUP 27 When operated adjacent to or in conjunction with medical offices SECTION 2. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this ATTEST: day of , 2021. Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 1 Uwater THE RTHPLACE O F M i N N E S O 1 A PLANNING REPORT TO: City Council MEETING DATE: August 25, 2021 APPLICANT: City of Stillwater LANDOWNER: N/A CASE NO.: 2021-30 REQUEST: Neighborhood Commercial Zoning Text Amendment LOCATION: N/A ZONING: N/A REPORT BY: Abbi Jo Wittman, City Planner INTRODUCTION During the development of the 2040 Comprehensive Plan, the Neighborhood Commercial future land use category was expanded. The 2030 Comp Plan only showed the Liberty Village commercial area and the small office buildings across from Lakeview Cemetery on South 4th Street as Neighborhood Commercial. But in the 2040 Comp Plan this land use category was expanded and in addition to the Liberty Village commercial area, it now includes: 1. The property opposite Liberty Village on the north side of County Road 12; 2. North 4th Street node (between Hickory and Elm); 3. The Greeley and Myrtle node (Len's, Just for Me Spa, Nelson's Ice Cream, Greeley Street Professional Building); 4. Valley Pre -School (413 S Greeley — Formerly Felix's Store); and 5. Blue Sky Yoga (522 South 4th — across from Historic Courthouse). In addition, three commercial nodes that were guided simply as Commercial in 2030 are being reguided to Neighborhood Commercial. These three are: 1. Marathon Gas on North Owens at Wilkins; 2. The Laurel Street node on Owens (Harbor Bar and Stillwater Collision); and 3. The 4th and Churchill node (Meister's Bar, Chilkoot Cafe, etc). Within this expanded Neighborhood Commercial land use category, there are two sub -sets. One is zoned VC, Village Commercial and is envisioned to regulate Liberty Village and the vacant property north of it across County Road 12. The second subset is intended to be for the legacy commercial properties that have seen neighborhood oriented commercial uses since the city's NC Zoning District September 7, 2021 Page 2 Victorian Era. However, there is no zoning district yet to regulate these properties. Instead, most of these properties are zoned residential. This results in a tenuous situation for the business owners, since their properties carry the status of non -conforming "grandfathered". So, a new Zoning District is being proposed: the NC, Neighborhood Commercial Zoning District. The legacy commercial properties would be eligible for rezoning to this new district. The City's Planning Commission was first introduced to this Zoning Text Amendment in May, 2021. At that meeting, the Commission directed staff to work with the sub -committee of the Commission to determine if some of the proposed permitted uses should be converted to conditionally permitted uses. Since that time, the committee has done work and concluded the staff -recommended Zoning Text Amendment's proposed use table amendments are appropriate. At this August 25 meeting, and in a 5-0 vote, the Planning Commission recommended the City Council approve the Zoning Text Amendment. SPECIFIC REQUEST Approval of the NC — Neighborhood Commercial zoning district. ANALYSIS If the City adopts the proposed NC Zoning District ordinance, this would not automatically result in a rezoning of the individual properties. It would merely create the district. The individual rezonings would be a separate and subsequent action. The proposed ordinance consists of four parts: a) purpose, b) allowable uses, c) lot size and massing, and d) miscellaneous standards. A) Purpose. 1. Preserve traditional neighborhood commercial nodes that provide small scale commercial buildings for neighborhood businesses. 2. Provide small commercial areas within residential neighborhoods that meet residents' daily/weekly needs yet that fit the historical character of the neighborhood. 3. Support the compatible integration of commercial and residential uses that are accessible by walking and biking. B) Allowable Uses. 1. The table of uses allowed in residential zoning districts, Section 31-325 of the Zoning Chapter, will be amended by adding a column for this NC Zoning District. The list of uses in this column generally represents local market goods and services. 2. A "grocery with less than 5,000 square feet of retail area" was added as a new line item to the table of allowed uses and permitted in the NC District. This would allow for an expansion to Len's but is really too small for a new grocery or food cooperative. 3. A "Banks and financial institutions with no drive through teller" was added as a new line item to the table of allowed uses and permitted in the NC District. C) Lot Size and Massing. NC Zoning District September 7, 2021 Page 3 1. The minimum proposed lot size is 5,000 square feet. This represents the standard lot size of Stillwater's earlier plats when neighborhood stores were at their zenith. And the likelihood that new 5,000 square foot lots would be created for Neighborhood Commercial is not great, since the Future Land Use Map of the Comp Plan only guides existing legacy properties to be zoned NC. Moreover, unless a property is guided by the Comp Plan for these small legacy lots, a property could not be rezoned to Neighborhood Commercial. D) Miscellaneous Standards. 1. Buildings must have at least one functional entry along every public sidewalk. 2. Commercial activities, including food service and seating, may occupy yards. Outdoor commercial activities are prohibited between 10:00 pm and 8:00 am, unless an event permit is issued by the City. 3. Any off-street parking must be located to the rear or side of buildings. 4. Screening shall be provided along property lines abutting residential properties and along off-street parking areas abutting streets. One item of discussion at the Planning Commission's August 25th meeting was the proposed setbacks of 10'. Discussion surrounded around the nature of commercial development and how allowing for zero -lot -line development was more consistent with historically -commercial properties. Staff noted that while commercial development is typically to a lot line, outright allowance of construction to the property line could be concerning and that having the opportunity to review requests for variances may be more appropriate to start. ALTERNATIVES The City Council has the following options: A. Move to approve, with or without changes, the attached Zoning Text Amendment Ordinance, approving creating the NC — Neighborhood Commercial zoning district. If the Council has non -substantive changes, it may act on the application without requesting reconsideration by the City Planning Commission. If substantive changes are proposed, the request must be deferred back to the Planning Commission. B. Deny the Zoning Text Amendment. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. RECOMMENDATION Staff recommends approval of the new ordinance, as it appears to be compatible with the Comprehensive Plan and consistent with the nature of the legacy commercial properties it intends to regulate. Attachments: 2040 Land Use Map Draft Ordinance ■ ■ ■ South Twin Lake MC'KEISICK--RD•N w 75TH ST N 5 tstBLVDW, 0 a 9G 11 Fgq.. o�,SQ\.� gel L,2 ■ PO ▪ Q� 1 • ■ HAZEL ST 6 IIIN111 :11 ■11 }} -_ - 1NI11111111 NIA ■- it a — q% •N 1N1 5•1•11 .1 IN .■�� _I•I 1111�111 1H11111 • IE _ !!=. M11111 111EM 1= i1� ••111E 11I 111M ■_ -11111111N1111Mpia••1H111WIrlL�lrC.l���`SwW����1'I . - III. i1111— • IV s .-. m e• El 60TH ST N ■•1 IIl111N \ mitIII111e ui11111: IIIIIIIIIIEoJI11111111 •1•1111� 5T-W 11 11•111 mommi ••1 �' v •• Ni ■ ■ L �RL•EANSST.Ea 6511H.Sir er ■ ■ z ■ •• • zW pr ■a O • •• 0 ■ • N. • • 95 59TH ST N 21 iliwater THE BIRTHPLACE OF MINNESOTA Future Land Use Plan City Limit Future Land Use Very Low Density Residential Low Density Residential Low/Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Community Commercial • Downtown Mixed Use ■ Business Park/Industrial /// Highway Mixed Use Institutional Research, Development Park Park, Rec or Open Space Marina Wetland Open Water ROW Figure 2.11: Future Land Use 0 1,000 2,000 4,000 Feet PLAN OF STILLWATER 0 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 H11111111111 2-19 ORDINANCE NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE CREATING STILLWATER CITY CODE CHAPTER 31-324.2, NEIGHBORHOOD COMMERCIAL AND CHAPTER 31-325, ALLOWBLE USES IN NON-RESIDENTIAL DISTRICTS The City Council of Stillwater does ordain: SECTION 1. AMENDMENT. That the Stillwater, Minnesota City Code is hereby amended by adding a section to be numbered 31-324.2, which section reads as follows: Neighborhood Commercial (NC) zoning district shall be regulated as follows: (a) Purposes. The purposes of the NC district are to: (1) Preserve traditional neighborhood commercial nodes that provide small scale commercial buildings for neighborhood businesses. (2) Provide small commercial areas within residential neighborhoods that meet residents' daily/weekly needs yet that fit the historical character of the neighborhood. (3) Support the compatible integration of commercial and residential uses that are accessible by walking and biking. (b) Allowable uses. (1) See Table in Sections 331-325 for the allowable uses within this district. (2) Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in 31-325 for the NC district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the planning commission and the conditional use permit approved and issued by the city council. (c) Massing regulations. (1) Standards Building height, maximum Principal structures 35 feet Accessory structures 20 feet, but not to exceed height of principal structure Lot area, minimum 5,000 sq. ft. Front yard setback, minimum 10 feet Side yard, corner, setback, minimum 10 feet Side yard, internal, setback, minimum 5 feet Rear yard setback, minimum 10 feet Lot coverage (impervious), maximum 80% Landscaping and open space, minimum 0% 1 (2) Additional setback standards Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (d) Other requirements: (1) Buildings must have at least one functional entry along every public sidewalk. (2) Commercial activities, including food service and seating, may occupy yards. Outdoor commercial activities are prohibited between 10:00 pm and 8:00 am, unless an event permit is issued by the City. (3) Any off-street parking must be located to the rear or side of buildings. (4) Screening shall be provided along property lines abutting residential properties and along off-street parking areas abutting streets. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-325 relating to allowable uses in non-residential districts is hereby amended to read as follows: Use Type Uses NC Retail General retail business uses or service; local market 1 P General retail business uses or service; local and regional market Specialty retail, incl. antique shops P Department store Drug store P Interior decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating P Appliances and furniture, sale of Household goods, sale of (including china) Books, magazines, newspapers, stationary; sale of P Gifts, flowers, photographic supplies; sale of P Tobacco products; sale of Hardware, sale of Sporting goods; sale of Music store P 2 Use Type Uses NC Retail: Food Supermarket, retail food Grocery, <5,000 sf of retail area P Baked goods, manufacture/retail sale of (< 5 persons employed) P Baked goods, manufacture/retail sale of (> 5 persons employed) Eating Establishments Restaurants 3 Fast food outlet Tea rooms, deli, coffee shops, soda fountains, not including the sale of alcoholic beverages P Outside eating establishments Drive-in or drive -through: restaurant, eating places or any other use involving a drive-in or drive -through activity Services Barber or beauty shops P Shoe repair shop P Printing shop P Photo processing Tailoring or pressing P Laundry; agencies, self-service, full service, dry cleaning. Laundry employing > 5 persons Carpet, bag and rug cleaning Banks Banks and financial institutions with no drive through teller P Offices Office; general, business or professional P Offices; finance, insurance, editorial or real estate services P Offices; administrative P Offices; business offices that are accessory to permitted uses on the site Office building Consultant services such as advertising, engineering, architects and designers P Radio or television stations Offices; medical and dental Office display or sales space 5 Automotive Automotive sales, service and storage, excluding gasoline filling stations. (See Section 31-515 for performance standards) 3 Use Type Uses NC Service stations or fuel sales (See Section 31-515 for performance standards) Gasoline filling station Auto repair and related services Outdoor Commercial recreational uses Commercial recreational entertainment Amusement and recreational establishments 7 Outside entertainment, commercial 8 Outside sales or special events 8 Outside storage Commercial nurseries Exterior phonographs, paging systems, musical instruments, etc that may disturb the peace and quiet of the public Parks Trails Park structures 11 Playgrounds Nature preserve Athletic fields with lights 12 Outside tennis courts with lights 13 Outside basketball courts with lights 13 Outside hockey rinks with lights 13 Athletic fields without lights 13 Outside tennis courts without lights Outside basketball courts without lights Outside hockey rinks without lights Recreation center 14 Multiple purpose park building Golf course Golf course club house Dog park Public boat launch Other passive recreational or natural open spaces Parking lot Institutional Schools, business and technical Schools and studios for arts and crafts, photography, music, dance CUP Educational institutions, schools 4 Use Type Uses NC Libraries, art galleries, theaters for the performing arts, and other such cultural facilities Libraries or post office Churches, other places of worship P Day care/nurseries P Group day care P Governmental facilities Fire station Hospitals, convalescent hospitals and nursing homes Hotel or motel Manufacturing Manufacturing, limited 17 Manufacture of baked goods Manufacturing, processing, fabrication or assembling of limited commodity 18 Retail sales of products manufactured on the site 19 Wholesale / storage Wholesale trade Warehousing and outside storage Warehousing and inside storage Mini -storage Industrial Light industrial that is clean and compatible with surrounding properties Limited bottling works 2° Printing & publishing or lithographic shop Laboratories Laboratories Chemical laboratories Research establishment of industrial, medical or scientific nature Research facilities or research laboratories Transportation / public works / etc. Transportation station or terminal Helipads Public works facility including office and meeting space Essential services P 5 Use Type Uses NC Public utility transmission lines and facilities Telephone exchange Parking facilities Private parking facilities > five cars Misc. Funeral home or mortuary Club or lodge Dog Training Facility 26 Residences of all classes CUP Temporary structures Short Term Home Rental; Type A and B P Short Term Home Rental; Type C P Small Wireless Facilities in the Right -of -Way P Wireless Communication Services Towers and Antennae SECTION 3. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this ATTEST: day of , 2021. Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 6 Uwater THE RTHPLACE O F M i N N E S 0 1 A PLANNING REPORT TO: City Council: MEETING DATE: September 7, 2021 REPORT BY: Tim Gladhill, Community Development Director SPECIFIC REQUEST Adopt Resolution Establishing Economic Development Authority and Adopting Bylaws and Appointing Officers to the Economic Development Authority INTRODUCTION In 2020, the City Council initiated an economic development study/analysis with the assistance of the Waldron Company. Several recommendations were made in the report including, but not limited to the establishment of an Economic Development Authority (EDA). The study went on to recommend that the City authorize the use of Housing and Redevelopment Authority (HRA) powers through the newly created EDA. The Economic Development Report was completed on March 31, 2021 and presented to the City Council on April 6, 2021. At that time, the City Council directed Staff to bring forward the necessary actions to establish the Stillwater EDA after the new Community Development Director was on board. ANALYSIS The City utilizes a number of basic economic development tools through basic municipal powers. Leveraging EDA and HRA powers expands the City's toolbox to better manage and attract business retention and expansion as well as a range of housing and redevelopment needs. Some potential tools that the EDA is likely to capitalize on include, but are not necessarily limited to the following. • Public Financing o Tax Increment Financing (TIF) and Tax Abatement o General Obligation (GO) Bonds o Tax Levy o Loans and Grants • Branding and Marketing o Study additional economic development needs o Improve public relations with business and development communities September 7, 2021 Page 2 • Site Assembly o Buy and sell property for economic development purposes Per previous City Council direction, City Councilmembers are proposed to serve as EDA Commissioners as opposed to establish new membership. The EDA has the option to appoint either the City Administrator or the Community Development Director as the Executive Director of the EDA. Since the Council as a whole will serve as the EDA, Staff recommends that the City Administrator be appointed as Executive Director for consistency. This can always be amended in the future as the EDA continues to be established with a higher level of comfort. Staff has attached various additional resources as background materials. These materials present a full spectrum of community development tools in Minnesota. For clarification, the City is only considering the creation of an Economic Development Authority with Housing and Redevelopment Authority powers included. FISCAL NOTES There is no additional budget impact at this time to establish the EDA. However, future work plans may lead to future budget requests. Additionally, at this time, there is no proposal to establish an EDA or HRA Levy (tax). However, the EDA (with Council approval) could choose to establish a levy in the future to fund programs created by the EDA. ALTERNATIVES Establishing the Stillwater Economic Development Authority 1. Establish the Stillwater EDA as previously directed 2. Table/postpone decision for further discussion 3. Do not establish the Stillwater EDA as previously directed Additional Options 1. Membership a. City Councilmembers [Recommendation] b. Separate Commission with community members (still requires two (2) Councilmembers to serve as EDA Commissioners) [Alternative] 2. Executive Director a. City Administrator [Recommendation] b. Community Development Director [Alternative] RECOMMENDATION Staff recommends that the City Council adopt the necessary Resolutions to establish the Stillwater Economic Development Authority (EDA). Attachments: Enabling Resolution September 7, 2021 Page 3 Resolution Adopting Bylaws and Appointing Officers Proposed Bylaws Presentation Slide Deck Previous Economic Development Report (Waldron Company) League of Minnesota Cities Community Development and Redevelopment Handbook cc: RESOLUTION NO. 2021- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA ENABLING RESOLUTION ESTABLISHING THE STILLWATER ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of Stillwater ("City") may establish an Economic Development Authority ("EDA") pursuant to Minnesota Statutes § 469.091 by adopting an enabling resolution; and WHEREAS, the City desires to establish an EDA for the purpose of facilitating certain economic, commercial, housing and industrial development and redevelopment in the City. NOW THEREFORE, BE IT RESOLVED that the City Council establishes by Resolution an Economic Development Authority with the following requirements: 1. The entity shall be known as the Stillwater Economic Development Authority, a public body corporate and politic. 2. The EDA shall have the powers contained in Minn. Stat. § 469.001 through 469.047 and Minn. Stat. § 469.090 through 469.1082. 3. Except when previously pledged by the EDA, the City Council may by resolution require the EDA to transfer any portion of the reserves generated by activities of the EDA that the City Council determines is not necessary for the successful operation of the EDA to the debt service fund of the City, to be used solely to reduce tax levies for bonded indebtedness of the City. 4. The sale of all bonds or obligations issued by the EDA shall be approved by the City Council before issuance. 5. The EDA shall follow the budget process for City departments. 6. All official actions of the EDA must be consistent with the Comprehensive Plan. 7. The members of the EDA shall be the members of the City Council who shall serve as Commissioners of the EDA for terms coinciding with their terms on the City Council. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of September, 2021. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk RESOLUTION NO. 2021- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION ADOPTING BYLAWS AND APPOINTING OFFICERS TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF STILLWATER WHEREAS, on September 7, 2021, the City of Stillwater, Minnesota (the "City"), acting through its City Council, adopted an enabling resolution establishing the Stillwater Economic Development Authority (the "EDA"); and WHEREAS, except as limited by the enabling resolution adopted by the City Council, the EDA shall have the powers, duties and responsibilities of an economic development authority as set forth in Minnesota Statutes, Sections 469.090 through 469.1082, and of a housing and redevelopment authority under Minnesota Statutes, Section 469.001 through 469.047, as they may be amended; and WHEREAS, the Board wishes to provide for the basic organization of the EDA, including appointment of officers and adoption of bylaws; and NOW, THEREFORE, be it resolved that the Board hereby approves the bylaws of the EDA, as presented on the date hereof for the Board's consideration, and appoints and approves the following officers to the EDA: President Vice President Secretary Treasurer Assistant Treasurer Ted Kozlowski, Mayor Beth Wolf, City Clerk Sharon Provos, Finance Director Adopted by the Board of Commissioners of the City of Stillwater, Minnesota Economic Development Authority this 7th day of September, 2021. Attest: Beth Wolf, Secretary By: Ted Kozlowski, President BYLAWS OF THE STILLWATER ECONOMIC DEVELOPMENT AUTHORITY 1. The Authority Section 1.1. Name of Authority. The name of the EDA shall be the Stillwater Economic Development Authority (hereinafter, the "EDA"), and its governing body shall be called the Board of Commissioners (hereinafter, the "Board"). The Board shall be the body responsible for the general governance of the EDA and shall conduct its official business at meetings thereof. Section 1.2. Office of EDA. The principal office of the EDA shall be 216 Fourth Street North, Stillwater, Minnesota, 55082. Section 1.3. Seal of EDA. As required by Minnesota Statutes, Section 469.096, subdivision 1, the EDA shall have an official seal, which shall be the City of Stillwater seal. Section 1.4. Scope of EDA. Except as limited by the enabling resolution adopted by the City Council on September 7, 2021, as it may be amended from time to time, the EDA shall have the powers, duties, and responsibilities of an economic development authority as set forth in Minnesota Statutes, Section 469.090 through 469.1082, and of a housing and redevelopment authority under Minnesota Statutes, Section 469.001 through 469.047, as they may be amended and all other applicable laws. 2. Organization Section 2.1. Commissioners. The EDA's Commissioners shall consist of the five members of the City Council of Stillwater, Minnesota (hereinafter, the "City"). The terms of the Commissioners of the Board shall coincide with the terms of office as members of the City Council and shall terminate at such time as such Commissioner is no longer a member of the City Council. Section 2.2. Officers. The officers of the EDA shall consist of a President, a Vice President, a Secretary, a Treasurer, and an Assistant Treasurer. All officers shall be elected annually, at the annual meeting. No Commissioner may serve as President and Vice President at the same time. The offices of Secretary and Assistant Treasurer need not be members of the Board. Section 2.3. President. The President shall preside at all meetings of the Board. The President shall be the Mayor. At each meeting the President shall submit such recommendations and information as they may consider property concerning the business, affairs and policies of the EDA. Section 2.4. Vice President. The Vice President shall preside at any meeting of the Board in the absence or incapacity of the President. Section 2.5. Treasurer. The Treasurer shall receive and be responsible for all EDA money, shall disburse EDA money by check only under the direction of the Board and in accordance with Section 4.3 herein, keep regular books of accounts showing all EDA receipts and disbursements and the nature and purpose relating thereto, shall file the EDA's financial statement with its Secretary at least once a year as set by the EDA, and be responsible for the acts of the Assistant Treasurer. The Treasurer shall not have the authority to order goods or services except by written approval of the Executive Director. Section 2.6. Assistant Treasurer. The Assistant Treasurer shall act as the Treasurer's agent and assist in the performance of the Treasurer's duties, subject to the Treasurer's approval. The Assistant Treasurer has the powers and duties of the Treasurer if the Treasurer is absent or disabled. The Assistant Treasurer shall not have the authority to order goods or services except by written approval of the Executive Director. The Assistant Treasurer may be the City Finance Director. Section 2.7. Secretary. The Secretary shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the EDA. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time and by resolution prescribe. The Secretary may be the City Clerk. Section 2.8. Executive Director. The Executive Director shall be designated from time to time by the EDA and shall be the chief appointed executive officer of the EDA. The Executive Director shall have the authority to carry out and execute the purposes of economic development within the powers give the EDA in Minnesota Statutes, Sections 469.090 to 469.1082 for projects that have been approved by the Board, including, but not limited to directing or ordering the services of legal counsel, staff, consultants, vendors, appraisers, contractors, auditors, developers, or others as needed, and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe. The Executive Director shall serve at the pleasure of the Board. Section 2.9. Advisory Committees. The EDA may by resolution establish one or more advisory committees to the EDA. Section 2.10. Additional Duties. The officers of the EDA shall perform such other duties and functions as may from time to time be required by the Board or the bylaws, rules or regulations of the EDA. Section 2.11. Vacancies. Should the office of President, Vice President, Treasurer, Assistant Treasurer or Secretary become vacant, the Board shall elect a successor at the next regular meeting, or at a special meeting called for such purpose, and such election shall be for the unexpired term of said officer. 3. Procedures of Board of Commissioners Section 3.1. Annual Meeting. The Board shall hold an annual meeting in January of each year and other meetings as called pursuant to Section 3.2. Section 3.2. Special Meeting. Special meetings of the Board may be called by the President, any two Commissioners or by the Executive Director. The Executive Director or the Secretary shall post notice of any special meeting in the principal office of the EDA no less than three (3) days prior to such special meeting. Section 3.3. Quorum. A quorum of the Board shall consist of three (3) Commissioners. In the absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board or the EDA. When a quorum is in attendance, action may be taken by the Board upon a vote of a majority of the Commissioners present, with no action taken on a tie vote. Section 3.4. Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approved by not less than a simple majority of all Commissioners present. Resolutions may, but need not be, read aloud prior to a vote taken thereon and may, but need not be, executed after passage. Section 3.5. Rules of Order. The meetings of the Board shall be governed by the most recent edition of Robert's Rules of Order. 4. Miscellaneous Section 4.1. Fiscal Year. The fiscal year of the EDA shall be the same as the City's fiscal year. Section 4.2. Treasurer's Bond. The Treasurer/Assistant Treasurer shall give bond to the State conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the EDA and be filed with the Secretary and must be for twice the amount of money likely to be on hand at any one time as determined at least annually by the EDA, provided, however, that said bond must not exceed $300,000.00. Section 4.3. Checks. An EDA check must be signed by the President and the Assistant Treasurer. The check must state the name of the payee and the nature for which the check was issued. Section 4.4. Financial Statement. The EDA's detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets, and its outstanding liabilities in a form required for the City's financial statements. The EDA shall examine the statement together with the Treasurer's vouchers. If the EDA finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records. Section 4.5. Report to the City. The EDA shall annually, at any time designated by the City, make a report to the City Council giving a detailed account of its activities and of its receipts and expenditures for the preceding calendar year. The EDA shall, at the City's request, make available all records necessary to conduct an audit of the EDA's finances. Section 4.6. Budget to the City. The EDA shall annually send its budget to the City Council including a written estimate of the amount of money needed by the EDA from the City in order for the EDA to conduct business during the upcoming fiscal year. Section 4.7. Employees. The EDA may employ a chief engineer, technical experts and agents and other employees as it may require to exercise its powers, duties and functions. The selection, duties, qualifications and compensation of such personnel shall be determined by the Board. Section 4.8. Services. The EDA may contract for the services of consultants, agents, public accountants and others as needed to perform its duties and to exercise its powers. The EDA may also use the services of the City Attorney or hire a general counsel, as determined by the Board. Section 4.9. Supplies, Purchasing, Facilities and Services. The EDA may purchase the supplies and materials it needs. The EDA may use the facilities of the City's purchasing department. The City may furnish offices, structures and space, and offer clerical, engineering and other assistance to the EDA. Section 4.10. Execution of Contracts. All contracts, notes and other written agreements or instruments to which the EDA is a party or signatory or by which the EDA may be bound shall be executed by an officer and the Executive Director. If the Executive Director is absent or otherwise unable to execute a document, the Assistant Treasurer may execute the document. Section 4.11. Amendment of Bylaws. These bylaws may be amended by the Board by majority vote of all the Commissioners, provided that any such proposed amendment shall first have been delivered to each Commissioner at least four (4) days prior to the meeting at which such amendment is considered. Adopted on this 7th day of September, 2021. CITY OF STILLWATER CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF STILLWATER, MINNESOTA NOTICE IS HEREBY GIVEN that pursuant to Minnesota Statutes, Section 469.093, subdivision 1, the City of Stillwater will hold a public hearing to consider adoption of the enabling resolution establishing an Economic Development Authority ("EDA") in the City of Stillwater. WHEN: Tuesday, September 7, 2021, starting at 7:00 p.m. WHERE: City Council Chambers at Stillwater City Hall, 216 Fourth Street North, Stillwater, MN 55082 The scheduled public hearing is for the purpose of considering adoption of the enabling resolution establishing an EDA in the City of Stillwater. The resolution would establish and grant the EDA with certain statutory powers as stated in Minnesota Statutes, Sections 469.001 to 469.047 and 469.090 to 469.1082. Persons who desire to be heard with reference to the proposed resolution will be given the opportunity to be heard at this public hearing. If you are unable to attend the hearing but would like to provide input, you are encouraged to submit written comments. Information on this resolution can be obtained from the City Clerk at 651-430-8802. IN WITNESS WHEREOF, the City Clerk of Stillwater has executed this Notice of Public Hearing. CITY OF STILLWATER By: /s/ Beth Wolf Dated: City Clerk iliwater Stillwater Economic Development Authority (EDA) CITY COUNCIL SEPTEMBER 7, 2021 THE BIRTHPLACE OF MINNESOTA Statutory Authority iliwater THE BIRTHPLACE OF MINNESOTA Minn. Statutes Chapter 469.091— 469.1082 Additional Housing and Redevelopment Authority (HRA) Powers Minn. Statutes Chapter 469-001— 469.047 Purpose Expand Economic Development Toolbox Directive of City Council Waldron Economic Development Report (March 31, 2021, presented April 6, 2021) Create EDA (with HRA Powers) Continue to support tourism Community Development Director Role Downtown Assistance Program Business Visit Program [implemented] Fast Track Development Process iliwater THE BIRTHPLACE OF MINNESOTA i11wate. THE BIRTHPLACE OF MINNESOTA Traditional Development Framework Planning and Zoning (Traditional Role) Economic Development (Expanded Toolbox) Tools iliwater THE BIRTHPLACE OF MINNESOTA Expand Traditional City Powers for Development (Planning and Zoning) Public Financing Tax Increment Financing and Tax Abatement General Obligation (GO) Bonds Tax Levy Loans and Grants Branding and Marketing Study and Analyze Economic Development Needs Public Relations Site Assembly Buy and Sell Property for Economic Development Construct Public Facilities Business Visit Program Success iliwater THE BIRTHPLACE OF MINNESOTA Approximately 24 businesses visited Multiple businesses looking to expand Year Round Events (addition of winter events) widely celebrated Desire better communication Downtown Parking "The fact that you are here and that the City asked me to meet to discuss my needs is amazing!" "In my 40 years, no one from the City has proactively asked me to meet to ask how I was doing." "1 had no idea that there were tools available to help me with my business vision." Stillwater Business Council/Business Networking Event (scale up program) Implementation and Work Plan Q4 202 •EDA Workshop •EDA Training •Logistics •EDA Work Plan Q2 202 02023 Budget Planning J i11wate. THE BIRTHPLACE OF MINNESOTA -''''') •Implementation •EDA Evaluation •Big Hairy •Low Cost/High •2023 Budget Audacious Impact Approval Goals *Small Tools •Large Tools Other Considerations Backfill Planning & Zoning Support Financial Resource Constraints iliwater THE BIRTHPLACE OF MINNESOTA 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 0 LtIC HANDBOOK FOR MINNESOTA CITIES LEAGUE MINNESOTA CITIES Chapter 14 Community Development and Redevelopment TABLE OF CONTENTS Community Development and Redevelopment 1 Chapter 14 3 Community Development and Redevelopment 3 Business subsidies or financial assistance 3 A. Business subsidies 3 B. Financial assistance 4 IL City development tools 4 A. General city development powers 4 B. Housing and redevelopment authorities 5 1. Elements of an HRA 5 2. Area of operation for an HRA 6 3. HRA membership 6 4. HRA powers 6 5. HRA special assessment and levy authority 7 6. HRA contracting 8 7. HRA financing 8 8. HRA certifications to state 9 9. HRA federal certification 9 C. Economic development authorities 9 1. EDA levies 10 2. EDA loans 10 3. Other EDA powers 11 D. Port authorities 11 E. Local or area redevelopment agencies 12 F. City development districts 13 G. Municipal industrial development 13 III. Other development strategies 14 A. Housing bonds 14 B. Industrial parks 14 This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West Saint Paul, MN 55103-2044 www.lmc.org (651) 281-1200 or (800) 925-1122 11/2/2020 © 2020 All Rights Reserved C. Industrial revenue bonds 15 D. Commercial rehabilitation loan program 16 E. Tax increment financing (TIF) 16 F. Property tax abatement 18 G. Housing trust funds 19 IV. State -sponsored development tools 20 A. Minnesota Housing Finance Agency 20 B. Department of Employment and Economic Development (DEED) 21 C. Enterprise Minnesota 22 D. Corporations 23 V. Federal development tools 23 A. Community Development Block Grants 23 B. Rural development grants 23 VI. How this chapter applies to home rule charter cities 23 League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 I Page 2 LMC LEAGUE MINNESOTA CITIES HANDBOOK FOR MINNESOTA CITIES Chapter 14 Community Development and Redevelopment Learn about the requirements for a city to establish criteria for awarding business subsidies and various development agencies cities may create. Find an overview of state and federally sponsored programs for encouraging development and redevelopment. Most economic development tools can be applied to any size city. These tools are interrelated, and a city may use several for one project. RELEVANT LINKS: Minn. Stat. § 116J.993, subd. 3. Minn. Stat. § 116J.994, subd. 5. Minnesota Department of Employment and Economic Development (DEED). Minn. Stat. § 116J.994, subd. 11. Minn. Stat. § 116J.994, subd. 3. I. Business subsidies or financial assistance A. Business subsidies State law defines "business subsidy" or "subsidy." It is a state or local government agency grant, contribution of personal property, real property, infrastructure, or the principal amount of a loan at rates below those commercially available to the recipient. In addition, a business subsidy is any reduction or deferral of any tax or any fee; any guarantee of any payment under any loan, lease, or other obligation; or any preferential use of government facilities given to a business in an amount greater than $150,000. Prior to awarding a business subsidy (financial assistance of more than $150,000 or as required by law) to any business, a city and any housing and redevelopment authority (HRA), economic development authority (EDA), port authority, or nonprofit created by a local government, must hold a public hearing and adopt criteria for awarding business subsidies. The criteria must not be adopted on a case -by -case basis and must set the minimum requirements that recipients must meet in order to be eligible. It must include a policy regarding the wages to be paid for any jobs created. Copies of the criteria adopted by cities are found on the Minnesota Department of Employment and Economic Development (DEED) website. The public hearing notice must include a statement that either a resident or a city property owner may file a written complaint with the city if the city does not follow the business subsidy law. Written complaints must be filed within specified timelines. Once the criteria are established, the grantor and the recipient must enter into a subsidy agreement that meets the statutory requirements. The agreement must include an obligation to repay at least part, if not all, of the subsidy if the recipient does not meet its obligations. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice conceming specific situations. 145 University Ave. West Saint Paul, MN 55103-2044 www.lmc.org (651) 281-1200 or (800) 925-1122 11/2/2020 © 2020 All Rights Reserved RELEVANT LINKS: Minn. Stat. § 116J.994, subd. 11. Minn. Stat. § 116J.993, subd. 3. Minn. Stat. § 116J.994, subd. 3. Minn. Stat. § 116J.994, subds. 4, 7, 8. Minn. Stat. § 116J.994, subd. 2. Minn. Stat. § 116J.994, subd. 8. Minn. Stat. § 469.041. Citizens or owners of taxable property may bring a civil action against the city for failure to comply with business subsidy laws. To do so, citizens must file a written complaint with the grantor within 180 days after the approval of the subsidy. Cities should therefore consult closely with the city attorney before awarding a business subsidy. Defining a business subsidy is more complicated than it may first appear, as there are several exceptions to the definition, including instances where a subsidy of less than $150,000 may be a business subsidy. Meanwhile, assistance for redevelopment, pollution control and land cleanup, housing, industrial revenue bonds, utility property tax abatements, and other similar programs may not be defined as a subsidy. Recipients must provide grantors with information on their progress toward the goals outlined in the agreement. The goals for increasing jobs or retaining jobs must result in local job creation and job retention. Grantors must submit the annual Minnesota Business Assistance Form (MBAF) to the Department of Employment and Economic Development (DEED) by April 1 each year for each business subsidy agreement. Local government agencies in cities with a population of 2,500 or more must submit an MBAF, regardless of whether they have awarded business subsidies. Local government agencies in cities with a population of 2,500 or less are exempt from filing the MBAF if they have not awarded a subsidy in the past five years. B. Financial assistance Cities may offer "financial assistance" in the form of a business loan of more than $25,000 or a guarantee of $75,000 or more, but less than the $150,000 required to constitute a business subsidy. If a city offers such financial assistance it must develop criteria and set minimum wage floor levels as prescribed in business subsidy law. Cities granting such financial assistance must submit business assistance reports to DEED within one year of granting the assistance. II. City development tools A. General city development powers Cities have authority to aid and cooperate in the planning, construction, or operation of economic development, and housing and redevelopment projects. The following is a partial list of actions cities may take, with or without compensation: League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 4 RELEVANT LINKS: Minn. Stat. § 469.192. Judd Supply Co. v. Merchants & Mfgs. Ins. Co., 448 N.W.2d 895 (Minn. Ct. App. 1989). Minn. Stat. § 469.003. Minn. Stat. § 469.003, subd. 1. Minn. Stat. § 469.003, subds. 2, 4. • Dedicate, sell, convey, or lease any of its interests in any property or grant easements, licenses, or any other rights or privileges to an HRA. • Furnish parks, playgrounds, recreational, community education, water, sewer, and drainage facilities or other works adjacent to or in connection with housing and redevelopment projects. A statutory city, home rule charter city, economic development authority, housing and redevelopment authority, or port authority may make a loan to a business, a for -profit or nonprofit organization, or an individual for any purpose the entity is otherwise authorized to carry out under any of the laws cited. Private development projects that receive public financial or other assistance will not necessarily become public projects that trigger competitive bidding or other state laws applicable to public works. B. Housing and redevelopment authorities The predominant method of delivering and administering housing and redevelopment programs in Minnesota is through an HRA, which is a legal public agency, accountable to city government. There are more than 230 HRAs in Minnesota. 1. Elements of an HRA An HRA is a public corporation with power to undertake certain types of housing and redevelopment or renewal activities. While state legislation conveys authority for housing and redevelopment in each city, it is up to the city council to formally establish an HRA before it can do business and use its powers. Once a council legally establishes an HRA, it may undertake certain types of planning and community development activities on its own without council approval. To create a housing and redevelopment authority, the city council must, by resolution, make one of the following findings required by law: • There are substandard, slum, or blighted areas that cannot be redeveloped without governmental assistance. • There is a shortage of affordable, decent, safe, and sanitary dwelling accommodations available to low-income individuals and families. The council must pass this resolution after a public hearing. A certified copy of this resolution must be filed with the DEED commissioner. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 5 RELEVANT LINKS: Minn. Stat. § 469.002, subd. 8. Minn. Stat. § 469.004, subd. 5. Minn. Stat. § 469.003, subds. 5, 6. 24 C.F.R. 964.400 to 964.430. Minn. Stat. § 469.003, subd. 7. Minn. Stat. § 469.011, subd. 2. Minn. Stat. § 469.011, subd. 4. Minn. Stat. § 469.012, subd. 1. 2. Area of operation for an HRA The area of operation of a city HRA is the territorial boundaries of that city. Establishment of an active county or multi -county HRA precludes the formation of city HRAs. City housing and redevelopment authorities must petition the county (or multi -county) HRA for authorization to establish a local housing authority, and this petition must be approved by the DEED commissioner. 3. HRA membership An HRA consists of up to seven commissioners who are residents of the city. The mayor appoints and the council approves the members who serve five-year, staggered terms. City councilmembers often serve on the HRA. The entire membership of an HRA may consist of councilmembers. Any public housing agency that holds a public housing annual contribution contract with HUD or that administers Section 8 tenant -based rental assistance must comply with federal regulations, which require that at least one commissioner must be either 1) a resident of the HRA's public housing program or 2) a recipient of Section 8 tenant -based assistance. The rule does not apply to state -financed public housing projects or Section 8 project -based assistance. A small public housing agency exception also exists. The city clerk must file a certificate of appointment for each commissioner of a city HRA and send a certified copy to the commissioner of DEED. The HRA shall select a chair and a secretary and shall adopt bylaws and rules of conduct. Each commissioner may receive necessary expenses, including traveling expenses, incurred in the performance of duties. Each commissioner may be paid up to $75 for attending each regular and special meeting of the authority. Commissioners who are elected officials may receive daily payment for a particular day only if they do not receive any other daily payment for public service on that day. Commissioners who are full-time public employees may receive the expenses described in the statute unless the expenses are reimbursed from another source. 4. HRA powers An HRA is primarily responsible for the planning and implementation of redevelopment and/or low -rent housing assistance programs within its area of operation. An HRA has all the powers necessary to carry out the state HRA Act, including, but not limited to, the following powers: League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 6 RELEVANT LINKS: Minn. Stat. § 469.033, subd. 6. Minn. Stat. § 275.70 to 275.74. Minn. Stat. § 275.066. • To sue and be sued. • To employ staff and an executive director. • To undertake projects within its area of operation and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any project or part of a project. • To sell, buy, own, and lease property by any means necessary, including the power of eminent domain. • To cooperate with and use state and federal financial assistance programs. • To develop rehabilitation and code enforcement techniques. • To issue bonds for any of its corporate purposes backed by the pledge of revenues, grants, or other contributions. • To implement renewal or redevelopment programs using tax increment financing. • To own, hold, improve, lease, sell, or dispose of real or personal property. • To designate substandard, slum, or deteriorating areas needing redevelopment, and unsafe, unsanitary, and overcrowded housing. • To make necessary expenditures to carry out the purposes of the HRA law. • To develop and administer an interest reduction program to assist the financing of the construction, rehabilitation, or purchase of low- or moderate -income housing. 5. HRA special assessment and levy authority HRA power to levy and collect taxes or special assessments is limited to the power provided in state law. Subject to a resolution of consent from the city council, an HRA may levy a tax upon all taxable property within the city. The council may give a consent that covers a series of years if they so choose or council may pass a resolution authorizing an HRA levy for a set amount of time, for example, the entire term of the bonds secured in part by an HRA levy and in part by a city levy. State law recognizes the distinct nature of HRAs and designates them as "special taxing districts." The maximum general allowable operational levy of HRAs is 0.0185% of the previous year's estimated market value of all property in the city. The city's estimated market value is available from the county assessor. An HRA raises its own levy because it is a separate political subdivision and not a "local governmental unit." Therefore, an HRA levy is not subject to levy limits, but is subject to the 0.0185% estimated market value limit Levies collected by an HRA must be used only for purposes listed in the HRA Act. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 7 RELEVANT LINKS: Minn. Stat. § 469.107. Minn. Stat. § 275.066. Minnesota Department of Employment and Economic Development: The Economic Development Authorities Handbook. Minn. Stat. § 469.012, subd. 4. Minn. Stat. § 469.028. Minn. Stat. § 469.015, subds. la, 4. Minn. Stat. § 469.033. Minn. Stat. § 469.034. Minn. Stat. § 469.034, subd. 1. There is crossover between HRA and EDA (economic development authority) levies that can be confusing. While a city may, at the request of an EDA, levy a tax not more than 0.01813% of the estimated market value, many city EDA-enabling resolutions adopt all the powers of an HRA, and then the EDA/HRA functions as a special taxing district under state law, . If the enabling resolution so allows, the EDA will then function as an HRA and, with consent of the city council, levy the HRA levy, which is not subject to levy limits or city debt limits, but is subject to the 0.0185% of the city's estimated market value limit in state law. The city attorney may verify the structure and levy authority of each city's HRA and/or EDA. While HRAs have the legal authority to "do whatever is necessary and convenient" to implement redevelopment, they are subject to the ordinances and laws of the city. The city council must approve HRA plans before the HRA may begin implementation. 6. HRA contracting All HRA construction work and purchases of equipment, supplies, or materials that involve expenditure of more than $175,000 must be competitively bid. An HRA (and a city) may also use the "best value alternative." There are limited exceptions to these requirements for emergencies and certain circumstances. 7. HRA financing Operating funds, capital improvements, and debt retirement expenses for HRA projects may be financed by any one or any combination of the following methods: • Federal grants. • Revenue bonds the HRA or local governing body sells. • General obligation bonds the local governing body sells. • Tax increments from redevelopment projects. • A limited levy for redevelopment projects and planning activities. When an HRA issues bonds, the revenue generated must be used for the projects financed, or bond costs must be paid from income generated by designated projects. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 8 RELEVANT LINKS: Minn. Stat. § 469.003, subds. 4,6,7. Minn. Stat. § 469.013 subd. 2. Minn. Stat. § 469.013 subd. 2. Minn. Stat. § 469.013. 24 C.F.R 982.51. Minnesota Department of Employment and Economic Development: The Economic Development Authorities Handbook. Minn. Stat. § 469.091. Minn. Stat. § 469.093. The law states that the principal and interest on bonds are payable exclusively from the income and revenues of the project financed with the proceeds of the bonds, or exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part with the proceeds of the bonds. 8. HRA certifications to state The following documents relating to the establishment and activities of local HRAs must be filed with the DEED commissioner: • Resolution of need. • Certificates of appointment or reappointment of HRA commissioners. • Low -rent public housing project and management plans. The following additional documents relating to local HRA activities may also be requested by the DEED commissioner: • Project reports. • Applications for federal assistance. • Contracts with federal agencies. • Redevelopment plans. In addition, annual financial reports must go to the state auditor, DEED commissioner, and the city council. 9. HRA federal certification In order for a local HRA to use federal Department of Housing and Urban Development (HUD) assistance programs, it must submit a transcript of organizational documents to the HUD area office. C. Economic development authorities An economic development authority (EDA) is a legal entity created by a city to facilitate a well-rounded program for business assistance and development projects. All cities and townships have authority from the Minnesota Legislature to create economic development authorities (EDA). The city may consolidate an EDA with an existing HRA or the city may grant HRA powers to the EDA. The city council may create an EDA by passing an enabling resolution. Before adopting the enabling resolution, the city must first conduct a public hearing. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 9 RELEVANT LINKS: Minn. Stat. § 469.095. Minn. Stat. § 469.107. Minn. Stat. § 469.107. Minnesota Department of Employment and Economic Development: The Economic Development Authorities Handbook. Minnesota Department of Employment and Economic Development, The Economic Development Authorities Handbook. Minn. Stat. § 469.091. Minn. Stat. § 469.192. Minn. Stat. § 469.192. Minn. Stat. § 469.102. Minn. Stat. § 469.033 subd. 4 Metropolitan Council, City Development Powers The enabling resolution establishes a board of commissioners for the EDA. The city council can choose to serve as the EDA board of commissioners or create a board composed of community members. The mayor, with approval of the council, appoints the commissioners. The board may consist of three, five or seven members who serve six -year terms. The board is subject to the Open Meeting Law. 1. EDA levies As discussed above, an EDA levy differs from an HRA levy. It is not a levy raised by the EDA — it is a levy set by a city at the request of the EDA. A city may, at the request of the EDA, levy a tax for the benefit of the EDA in an amount not more than 0.01813% of the taxable market value. The amount levied must be paid by the city treasurer to the treasure of the EDA to be spent by the EDA. Because the EDA levy is part of the city levy, it is not a "special levy" under state law and therefore the EDA levy is part of the city's overall levy limit. As a result of being part of the city's overall levy limit, the most common practice to fund an EDA is a direct general fund appropriation out of the city's general fund. There is no limit to the amount of funding that can be provided to an EDA through this mechanism. Alternatively, if the city council's enabling resolution adopts all of the powers of the HRA for the EDA, the EDA may levy the separate HRA tax levy, which is not calculated in the city's levy limit. It is still subject to all of the statutory limitation of an HRA, including the levy limit of 0.0185% of the estimated market value. 2. EDA loans EDAs are authorized to make loans to businesses, for -profit organizations, nonprofit organizations, or individuals to effectuate the purpose of the EDA. Loans must be for a purpose the EDA is authorized to carry out under the law. An authorized purpose must deal with or contribute to economic or industrial development. One benefit of establishing an EDA is that the EDA can create a pool where each project's revenue goes into a common fund, improving the security on the pooled bonds, leading to a more favorable interest rate and ultimately a reduced cost of borrowing. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 10 RELEVANT LINKS: Minn. Stat. § 469.098. Minn. Stat. § 469.101, subds 1, 2. Op.Atty.Gen., 469a-16, July 19, 1966. Minn. Stat. § 475.58. Minn. Stat. § 469.102. Minn. Stat. § 469.101, subds 1.. Minnesota House Research Department, Economic Development TIF Districts Minnesota House Research Department, Economic Development TIF Districts Minn. Stat. § 469.049. Minn. Stat. § 469.055. Minn. Stat. § 469.053. Minn. Stat. § 469.060 subd. 1. Minn. Stat. § 469.050. Minn. Stat. § 469.051. Before taking an action or making a decision which could substantially affect an EDA commissioner or employee's financial interests or those of an organization with which the commissioner or an employee is associated, a commissioner or employee of an EDA must comply with specific requirements to disclose the conflict and obtain prior approval. Failure to do so may result in criminal charges. 3. Other EDA powers EDAs can acquire property and facilities, but (in most circumstances) cannot issue obligations (debt) without the approval of the electors. See Minn. Stat. § 475.58 for the list of obligations exempted from this requirement. Otherwise, the city must authorize the issuance of debt in the resolution creating the EDA. EDAs can create economic development districts within the city, but the districts must be contiguous. Economic development districts do not need to meet the blight test and may use tax increment financing. When an EDA's enabling resolution includes HRA power, an EDA may undertake a redevelopment project, housing development, or housing project under which a restrictive blight test does not apply. These projects can be used for similar purposes to those of an economic development district under the EDA law. D. Port authorities The purpose of a port authority is to promote the general welfare of a port district, increase the commercial efficiency of the district, and actively improve business opportunities. The Minnesota Legislature authorizes cities to create port authorities. A port authority is a governmental subdivision with the right to sue and be sued in its own name. A port authority may issue general obligation bonds in the amount authorized by its city's council. Cities establish a port authority by passing an enabling resolution. The port authority may have three commissioners appointed by the city council, or seven commissioners, two of whom must be city council members, with the remaining members appointed by the mayor and approved by the city council. Cities may adopt a different procedure and a different number of commissioners in the enabling law for the port authority. State law governs commissioner pay, vacancies, duties, and port authority bylaws. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 11 RELEVANT LINKS: Minn. Stat. § 469.051, subd. 2. Minn. Stat. § 469.051, subds. 4 to 6. Minn. Stat. § 469.051, subd. 9. Minn. Stat. § 469.054 subd. 1. Minn. Stat. § 469.056 subd. 1, 2. Minn. Stat. § 469.054 subd. 3. Minn. Stat. § 469.109. Minn. Stat. § 469.111. Minn. Stat § 496.109. A port authority shall annually elect a president or chair, vice president or vice chair, treasurer, secretary, and assistant treasurer. A commissioner may not serve as president or chair and vice president or vice chair at the same time. The other offices may be held by one commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. The treasurer of a port authority must be bonded to faithfully perform these duties: • Receive and be responsible for port authority money. • Be responsible for the acts of the assistant treasurer, if appointed. • Disburse port authority money by check or electronic procedures. • Keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements. • File the authority's detailed financial statement with its secretary at least once a year at times set by the authority. The port authority's annual detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the authority's credits and assets, and its outstanding liabilities. The authority must examine the statement together with the treasurer's vouchers. If the authority finds the statement and vouchers correct, it shall approve them by resolution and record the resolution. State law governs many other aspects of port authorities, including but not limited to the use of city property by a port authority, employment, and contracts. The city attorney also acts as the port authority's attorney. E. Local or area redevelopment agencies The purpose of area redevelopment agencies is to create new employment opportunities and promote economic redevelopment of rural areas and of depressed or underdeveloped areas of the state. Any municipality or group of municipalities may establish a redevelopment agency in and for the area the municipality or group of municipalities it covers, if: • The area is rural or there is substantial and persistent unemployment in the area for an extended period of time. • The rate of unemployment, excluding unemployment due to seasonal or temporary factors, is 6% or more and the conditions are not likely to be alleviated without public financial or planning assistance. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 12 RELEVANT LINKS: Minn. Stat. § 469.110, subd. 11. Minn. Stat. § 469.110 subd. 4. Minn. Stat. § 469.111. Minn. Stat. § 469.111 subd. 5. Minn. Stat. § 469.115. Minn. Stat. § 469.124. Minn. Stat. § 469.126, subd. 2. Minn. Stat. § 469.127. Minn. Stat. § 469.152. Rural areas are defined as areas that are not within the boundary of any city having a population of 50,000 or more, and not immediately adjacent to urbanized and urbanizing areas with a population density of more than 100 people per square mile — or areas with an unemployment rate of 6% or more. This law defines municipalities as home rule charter or statutory cities, counties, towns, or school districts. To establish an area development agency, the governing body of the municipality must first hold a public hearing, and then find by resolution that the area is rural, depressed, or underdeveloped as defined in statute. The resolution must be filed with the commissioner of employment and economic development. The board of commissioners shall be appointed by the mayor and all five commissioners must be residents of the area of operation of the local agency. An area redevelopment agency has similar powers to an EDA/HRA. F. City development districts Any home rule charter or statutory city may designate development districts for areas within the boundaries of the city that are already built up. Development districts are established to provide employment opportunities, improve the tax base, and strengthen the general economy of the state. Within these districts, cities may: • Adopt a development program to improve physical facilities, quality of life, and quality of transportation. • Promote pedestrian skyway systems. • Install special lighting systems, street signs and street furniture, landscaping of streets and public property, and snow removal systems. The law encourages pedestrian skyway systems, underground pedestrian concourses, people mover systems, and publicly owned parking structures. It exempts these structures from taxation even when they are attached to privately owned buildings. G. Municipal industrial development For the purpose of attracting industrial and commercial development and encouraging local governments to prevent economic deterioration, any home rule charter or statutory city or its redevelopment agency has the power to promote industrial development by: League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 13 RELEVANT LINKS: Minn. Stat. § 469.155. Minn. Stat. § 469.153. Minn. Stat. § 469.155, subd. 14. Minn. Stat. § 462C.01. Minn. Stat. § 462C.04. Minn. Stat. § 462C.07. • Acquiring, constructing, and holding lands, buildings, easements, improvements to lands and buildings, capital equipment, and inventory for industrial projects. • Issuing revenue bonds and entering into revenue agreements to finance these activities to promote industrial projects. • Refinancing health care and other facilities. Under the legislation, cities assist industries in starting operations and use generated revenues to repay the costs. This law is the basis for issuing most industrial revenue bonds. Projects eligible for assistance include, but are not limited to: • Any revenue -producing enterprises engaged in assembling, fabricating, manufacturing, mixing, processing, storing, warehousing, or distributing any products of agriculture, forestry, mining, or manufacturing. • Any research and development activity in these fields or in the manufacturing, creation, or production of intangible property, including patents, copyrights, formulas, processes, or designs. • Properties designated as a qualified green building and sustainable design project under state law. • Costs related to dewatering activities. The law prohibits a city from operating any of these projects as a business or in any manner other than the manner outlined by law. III. Other development strategies A. Housing bonds Cities may develop and administer programs to finance the acquisition or rehabilitation of single and multifamily homes for housing low- and moderate -income persons and families anywhere within its boundaries. Upon approval of the program as described in statute, the city may issue and sell revenue bonds, which shall be payable exclusively from the revenues of the programs. Bonding authority is allocated by state formula. B. Industrial parks An industrial park is a tract of land suitable for industrial use because of location, topography, proper zoning, available utilities, and accessibility to transportation. A single governing body has administrative control of the tract. In some cities, an industrial park may be little more than a tract of unimproved land, while in other cities it may be totally served by city services and have restrictive building requirements. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 14 RELEVANT LINKS: Minn. Stat. § 272.02 subd. 39. Minn. Stat. § 469.185. A.G. Op. 476-B-2 (Mar. 2, 1961). City ofPipestone v. Madsen, 287 Minn. 357, 178 N.W.2d 594 (1970). Minn. Stat. §§ 469.152 to 469.1655. Minn. Stat. § 469.156. Minn. Stat. § 469.162. An industrial park's purpose is to attract industrial development. Property a city holds for later sale for economic development purposes remains tax-exempt for a period not to exceed nine years, or until buildings or other improvements that are constructed after acquisition reach one-half occupancy. For cities located outside of the metropolitan area with populations less than 20,000, the period must not exceed 15 years. Currently, private enterprise creates most new industrial park development by establishing a for -profit community development corporation. A city can cooperate with that corporation through its land use controls and methods of financing public improvements. Many cities have also established industrial parks complete with streets, water, and sewer, despite the possible tax ramifications. The city then sells or leases a portion of the park to a business needing a location for its building. Any city that owns property that is not restricted by deed may convey the lands for nominal consideration, to encourage and promote industry, and to provide employment for citizens. This statute has been read narrowly by the Office of the Attorney General. The conveyance must encourage and promote industry and provide employment for citizens. For example, a conveyance of land for an indoor arena was not within the statute; a more direct promotion of industry was necessary, beyond the fact that more potential customers might be in town as a result of athletic contests. However, the courts have upheld the municipal industrial development revenue bond law, discussed below, against the same objection. The city's attorney can best advise the city concerning the legality of a purchase of land for resale. C. Industrial revenue bonds Municipal industrial development laws help cities attract new commercial and industrial development and keep existing businesses in the city. The law authorizes the council to issue revenue bonds and use the proceeds to acquire and construct industrial sites and facilities. The city then leases these facilities to private industry and uses the rental fee proceeds to retire the bonds. A city may issue industrial revenue bonds, also known as municipal revenue bonds, without public referendum. It cannot pledge the full faith and credit of a community as security for these bonds. Thus, the city may not tax property owners to pay principal and interest on the bonds. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 15 RELEVANT LINKS: For more information, contact DEED 651.259.7114, 800.657.3858. Main Office: 1st National Bank Building 332 Minnesota Street, Suite E200 Saint Paul, MN 55101- 1351. Minn. Stat. § 469.184. Minn. Stat. § 469.174 subd. 2. Minnesota House Research Department, How TIF Works: Basic Mechanics Minn. Stat. § 469.175 subd. 1. Minnesota House Research Department, How TIF Works: Basic Mechanics. Minnesota House Research Department, How TIF Works: Basic Mechanics. If a city decides to investigate the use of industrial bond financing, it should contact the Department of Employment and Economic Development. The department provides the city with information, advice, and technical assistance. This assistance is important, due to the adoption of federal and state laws allocating issuance authority among the states and their political subdivisions. The commissioner of Securities must approve the project. D. Commercial rehabilitation loan program Cities have authority to carry out programs for the rehabilitation of small and medium-sized commercial buildings. The city must adopt a program ordinance that provides for the adoption of program regulations, including a definition of small and medium-sized commercial buildings. Loans under the program may be for amounts up to $200,000. The city may finance the program through the sale of revenue bonds. E. Tax increment financing (TIF) Tax increment financing is a method of stimulating economic development in a targeted geographic area. TIF uses the additional property taxes that are paid as a result of the new development to pay for the development costs. Tax increment financing authority is available to most cities. For a city to make use of TIF, the city must find that the development would not happen through solely private investment and that the new development will result in a net increase in market value for the site, compared to the likely development that would occur without TIF. When a TIF district is created, the county auditor certifies the current tax capacity of the properties in the district as the district's "original tax capacity." As the property in the district increases as a result of the new development, the increases above the original tax capacity are captured, referred to as "captured value." The taxes paid on the captured value are called "increments." Unlike property taxes, increments are not used to pay for general costs. Instead, the money is used to repay costs the city incurred in acquiring the property, removing existing structures, or creating infrastructure. The property owner in a TIF district continues to pay the full amount of property taxes. TIF involves only the increased property taxes generated within the district. It does not change the amount of property taxes currently derived from the redevelopment area, nor does it directly affect the amount or rate of general ad valorem taxes the city levies. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 16 RELEVANT LINKS: Minnesota House Research Department, How TIF Works: Basic Mechanics. Minnesota House Research Department, Housing TIF Districts. Minn. Stat. § 469.175, subds. 5, 6. Minn. Stat. § 469.1771, subds. 1, 2b. Minn. Stat. § 469.177, subd. 8. Lake Superior Paper Indus. v. State, 624 N.W.2d 254 (Minn. 2001). Brookfield Trade Center, Inc. v. County of Ramsey, 609 N.W.2d 868 (Minn. 1998). The result of a TIF project is an increased tax base that will benefit all local taxing jurisdictions. Additionally, TIF districts usually spur economic development and redevelopment through creating jobs, removing blight, and providing more affordable housing. In Minnesota, TIF is generally used to: • Redevelop areas occupied with substandard buildings. • Build housing for low-income and moderate -income families. • Clean up pollution. • Provide general economic development incentives. • Finance public infrastructure, such as streets, sewer, water, sidewalks, and similar improvements. (This is not an explicit purpose of TIF, but Minnesota cities frequently use it for this purpose). Special rules apply to TIF districts designed to provide low-income housing. A city using TIF must report annually to the state auditor as to the status of the TIF district or districts and publish the report in a newspaper of general circulation in the municipality. The state auditor has established a uniform system of accounting and financial reporting for TIF districts. The city must annually submit to the state auditor a financial report in compliance with these standards. The state auditor may audit TIF districts. If the state auditor notifies a TIF authority of an alleged violation, a copy of the notice is also forwarded to the county attorney. If no corrective action is brought within one year, the county attorney must notify the state auditor, who then notifies the attorney general. If the attorney general finds a substantial violation, the attorney general will petition the state tax court to suspend the authority's power to use TIF for a period of up to five years. The TIF agreement with the developer is a complex document. Assistance from a financial advisor and the city attorney is necessary in order to anticipate the many potential problems. An agreement can establish a minimum market value for tax increment assessment purposes, as well as provide that the developer pay a certain level of taxes regardless of any classification rate changes or levy decreases. The agreement should be entered into before the assembly and acquisition of the land on which the completed improvements are to be located. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 17 RELEVANT LINKS: Minn. Stat. § 469.1771 subd. 7. Minnesota House Research Department, The But -For Test. See Minn. Stat. §§ 469.174- 469.1799. Minn. Stat. § 469.175. State v. Wicklund, 589 N.W.2d 793 (Minn. 1999). Walser Auto Sales, Inc. v. City of Richfield, 635 N.W.2d 391 (Minn. Ct. App. 2001); aff'd, 644 N.W.2d 425 (Minn. 2002). Chenoweth v. City of New Brighton, 655 N.W.2d 821 (Minn. Ct. App. 2003). Minn. Stat. § 469.1813. The law imposes a 180-day statute of limitations on actions to challenge the creation or modification of a TIF district. The law is complex, including a "but -for" finding before a city approves a TIF plan and the creation of a TIF district. Cities must follow statutory requirements, including but not limited to administrative expenses, plan modifications, reporting requirements, use of increment in pre-1979 districts, excess increments, pooling, decertification, and use of funds outside the district. Before a district can be created, the law requires a detailed estimate of the impact of a proposed district on city -provided services, such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, in addition to other complex estimations that must be prepared. Public financing using TIF funding for a privately owned facility does not make public space in the facility a public forum for free speech purposes. Cities should use extreme care in establishing a TIF district and should follow all procedural requirements; otherwise, a court may find the district was not properly established. In one case, a TIF district was not properly established where minimal effort was made to ensure the thorough inspection of the properties; inaccurate methodology was used to establish the condition of the buildings; and the buildings found structurally substandard were not reasonably distributed throughout the district. However, in another case involving a properly established TIF district, a warehouse was built next door to the plaintiff's land, which substantially interfered with the use and enjoyment of that land. The court found that the private development of the adjacent property was not so entwined with government action as to constitute a state action. Therefore, the city's actions establishment of a TIF district, entering into a contract with a private developer specifying the size and value of structures to be built, and providing for substantial city assistance to facilitate development do not rise to the level of a taking and, consequently, did not require reimbursement. Given the complexity of the laws governing the use of TIF, cities or HRAs should not undertake this method of financing community development projects without the advice of an attorney and professional consultants. F. Property tax abatement A city may use this development tool to capture some or all of the taxes it imposes on a parcel of property. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 18 RELEVANT LINKS: Christopher Virta, Growing Trend: Use of Tax Abatement for Economic Development and Public Facilities Minnesota House Research Department, Property Tax Abatements for Economic Development Minn. Stat. § 469.1813 subd. 2,5. Minn. Stat. § 469.1814. Minn. Stat. § 469.1813 subd. 6, 8. Minn. Stat. § 462C.16 subd 2. It can apply those captured proceeds to specific, designated uses, so long as the benefits at least equal the costs to the city, and it is in the public interest as defined by the statute. The term "abatement" is somewhat misleading, as the phrase is often used to refer to a method of adjusting an individual property owner's tax burden by adjusting the market value of the property. Instead, in this instance, property tax abatement is an incentive for economic development. When used as a development driver, property tax abatement does not reduce the amount of taxes paid on the property. Instead, the full amount is paid by the taxpayer, and the county auditor refunds the abated portion back to the local government entity that granted the abatement to achieve a specific goal. Goals include paying infrastructure costs associated with a development project, or paying debt service on bonds if tax abatement bonds were issued. If the money is to be refunded to the taxpayer, there must be a contract in place that outlines the conditions that must be satisfied in order to receive the money — often job creation or wage goals. A city may grant an abatement only by adopting an abatement resolution, specifying the terms of the abatement. The terms should include a specific statement as to the nature and extent of the public benefits the governing body expects to result from the agreement. The resolution may only be adopted after the council holds a public hearing. A city may issue bonds or other obligations to provide an amount equal to the sum of the abatements granted for a specific property. The maximum principal amount of these bonds may not exceed the estimated sum of the abatements for the property for the years authorized. The bonds may be general obligations of the city, if the city council chooses to pledge the full faith and credit of the city in the resolution issuing the bonds. The law limits property tax abatements to 15 years. School districts and counties have similar abatement powers. A city, county, and school district can agree to abate their taxes on the same property. G. Housing trust funds Cities have authority to establish a local housing trust fund by ordinance or to participate in a joint powers agreement to establish a regional housing trust fund. These trust funds may also be administered through a nonprofit organization. If the fund is administered through a nonprofit organization, that organization shall encourage private charitable donations to the fund. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 19 RELEVANT LINKS: Minn. Stat. § 462C.16 subd 4. Minn. Stat. § 462C.16 subd 3. Minn. Stat. § 462C.16 subd 5. Minn. Stat. § 462C.16 subd 6. Minn. Stat. ch. 462A. For more information about MHFA programs, contact MHFA at 400 Wabasha Street North, Suite 400, St. Paul, MN 55102 (651) 296- 7608 or (800) 657-3769. A city may finance its local or regional housing trust fund with any money available to local government, unless expressly prohibited by state law. Sources of funding may include, but are not limited to: • Donations. • Bond proceeds. • Grants and loans from a state, federal, or private source. • Appropriations by a local government to the fund. • Investment earnings of the fund. • Housing and redevelopment authority levies. Once the fund is established, the source of funding may be altered, but only if sufficient funds will still exist to cover the projected debts or expenditures authorized by the fund in its budget. Money in a local or regional housing trust fund may only be used to: • Pay for administrative expenses, but not more than 10% of the balance of the fund may be spent on administration. • Make grants, loans, and loan guarantees for the development, rehabilitation, or financing of housing. • Match other funds from federal, state, or private resources for housing projects. • Provide down payment assistance, rental assistance, and homebuyer counseling services. The local or regional housing trust fund must report annually to the local government that created the fund, and the local government (or governments) must post this report on its public website. A local or regional housing trust fund existing on July 1, 2017, is not required to alter the existing terms of its governing documents or take any additional authorizing actions required by the statute. IV. State -sponsored development tools A. Minnesota Housing Finance Agency The goals of the Minnesota Housing Finance Agency (MHFA) are to provide decent, affordable housing to low- and moderate -income people; preserve the existing housing stock in Minnesota; preserve existing neighborhoods and prevent them from deteriorating; and prevent mortgage foreclosures while promoting energy conservation in residential housing. The Minnesota Legislature created the MHFA in response to a shortage of affordable housing for low- and moderate -income people. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 20 RELEVANT LINKS: Minn. Stat. § 462A.073 MHFA: Minnesota City Participation Program. Nicola Viana, Program Manager, 651-297-9510, Nicola.Viana@state.mn.us. Minn. Stat. ch. 116J. Minnesota Department of Employment and Economic Development. Minn. Stat. §§ 116J.411- 116J.424. Minn. Stat. § 116J.575. See Minnesota Department of Employment and Economic Development for Local Government. Minn. Stat. § 116J.431. Greater Minnesota Business Development Infrastructure Grant Program. Private enterprise and private investment were unable, without public assistance, to provide an adequate supply of safe, sanitary, and decent housing at affordable prices and rents. The sale of state tax-exempt bonds is the primary financing for MHFA programs. Through the Minnesota City Participation Program, Minnesota Housing sells mortgage revenue bonds on behalf of cities to meet locally identified housing needs. The proceeds of these bonds provide below - market interest rate home mortgage loans for low- and moderate -income, first-time homebuyers, or for the construction or rehabilitation of single - and multi -family housing. Appropriations from the Legislature provide additional funding for programs, including the promotion of energy conservation; an increase in home ownership opportunities for first-time homebuyers; home improvement grants to very low-income homeowners; and programs to improve the housing available to Native Americans, large families, and people with disabilities. B. Department of Employment and Economic Development (DEED) The Minnesota Department of Employment and Economic Development is the primary economic development agency for Minnesota. DEED staff is responsible for a wide range of grant and loan programs, as well as for providing technical assistance to businesses and communities. DEED also provides grants for contamination cleanup and redevelopment. A redevelopment account allows DEED to make grants to local units of government up to 50% of the cost of developing and redeveloping industrial, residential, or commercial property. DEED administers the rural development program; makes challenge grants to regional organizations to encourage private investment in rural areas; and administers a revolving loan fund to provide loans to new and expanding business in rural Minnesota. Local government units, including cities, may receive these loans if the community has established a local revolving loan fund and can provide at least an equal match to the loan received. Cities outside the seven -county metropolitan area may receive grants from DEED for up to 50% of the capital costs of public infrastructure necessary for certain specified economic development projects, excluding retail and office space. For this program, "public infrastructure" means publicly owned physical infrastructure necessary to support economic development projects, including but not limited to sewers, water supply systems, utility extensions, streets, wastewater treatment systems, League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 21 RELEVANT LINKS: Minn. Stat. § 116J.431, subd. 2. Minn. Stat. § 116J.435. Department of Employment and Economic Development: Innovative Business Development Program. Minn. Stat. § 116J.435 subd. 2. Minn. Stat. ch. 1160. stormwater management systems, and facilities for pretreatment of wastewater to remove phosphorus. Under this law, an "economic development project" for which a county or city may be eligible to receive a grant under this section includes manufacturing, technology, warehousing and distribution, research and development, agricultural processing, or industrial park development that would be used by any one of these businesses. DEED also runs the Innovative Business Development Public Infrastructure (BDPI) program, which provides grants to local governmental units on a competitive basis statewide for up to 50% of the capital cost of the public infrastructure necessary to expand or retain jobs. "Innovative business" means a business that is engaged in, or is committed to engage in, innovation in Minnesota in one of the following: • Using proprietary technology to add value to a product, process, or service in a high technology field. • Researching or developing a proprietary product, process, or service in a high technology field. • Researching, developing, or producing a new proprietary technology for use in the fields of tourism, forestry, mining, transportation, or green manufacturing. "Proprietary technology" means the technical innovations that are unique and legally owned or licensed by a business and includes, without limitation, those innovations that are patented, patent pending, a subject of trade secrets, or copyrighted. "Eligible project" means an innovative business development capital improvement project in this state, including: • Manufacturing, technology, warehousing and distribution, and research and development. • Innovative business incubator. • Agricultural processing, or industrial, office, or research park development that would be used by an innovative business. C. Enterprise Minnesota Enterprise Minnesota is a nonprofit business consulting organization, set up by the Legislature that helps small and medium-sized manufacturing companies, education services, and government entities in Minnesota. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 22 RELEVANT LINKS: Enterprise Minnesota 612- 373-2900 or 800-325-3073. Minn. Stat. § 1160.061. Minn. Stat. § 465.717. Minn. Stat. § 471.59. LMC information memo, LMCIT Liability Coverage Guide, Section III -I, Joint powers entities. More information is available on the HUD web site. For more information, contact Rural Development State Office 410 Farm Credit Service Building 375 Jackson Street St. Paul, MN 55101- 1853, (651) 602-7800; See also, Handbook, Financing Public Improvements. Enterprise Minnesota operates as a fee -for -services 501(c)(3) nonprofit. Enterprise Minnesota focuses on applied research and technology transfer and early stage funding. It may provide financial assistance, including loan guarantees, direct loans, interest subsidies, or equity investments, to sole proprietorships, corporations, other entities, nonprofit organizations, or joint ventures. Financial assistance includes but is not limited to assisting a qualified company or organization with business services and products that will enhance the operations of the entity. D. Corporations Cities must not create nonprofit corporations unless authorized to do so by special legislation. The law allows incorporation of a joint powers entity, but these must comply with all applicable public -sector laws (open meeting, gift law, conflicts of interest, competitive bidding, etc.) and must be separately insured. V. Federal development tools A. Community Development Block Grants The Community Development Block Grant (CDBG) program, under the U.S. Department of Housing and Urban Development (HUD), provides cities with federal funding to initiate and continue a diverse array of housing and community development projects. B. Rural development grants A variety of grants and loans to encourage economic development are available to cities from the U. S. Department of Agriculture's Rural Development program. Sewer, water, rural enterprise, housing, and other types of grants and loans are available. VI. How this chapter applies to home rule charter cities All of the tools this chapter lists are available to charter cities. The general discussions also apply to all cities. League of Minnesota Cities Handbook for Minnesota Cities 11/2/2020 Community Development and Redevelopment Chapter 14 1 Page 23 liwater THE BIRTH P L A C E OF MINNESOTA PLANNING REPORT TO: City Council MEETING DATE: September 7, 2021 REQUEST: Consideration of approval of an Encroachment Agreement for improvements associated with the residence at 304 Hazel Street East LOCATION: 304 Hazel Street East LANDOWNER: Jason Ous REPORT BY: Abbi Jo Wittman, City Planner CASE NO.: 2021-45 INTRODUCTION As the Council may remember, Jason Ous owns the property at 304 Hazel Street West, historically known as the August Iserman house and having been in private ownership since prior to the end of the Civil War. In the spring of this year, the Council upheld a Heritage Preservation Commission (HPC) recommendation to deny a Building Demolition Permit on the grounds unpermitted work that had recently occurred on the property was not in conformance to the Neighborhood Conservation District (NCD) Overlay guidelines nor was there a known life, health or safety issue warranting the work. The Council directed the property owner to reapply for a Building Demolition Permit and to seek approval of required variances from the City's Planning Commission prior to coming back before the City Council for permission to allow certain improvements to be located in the Hazel Street East right-of-way (ROW). Google Street View (May, 2019) Existing Conditions (April, 2021) CPC 2021-45 September 7, 2021 Page 2 The City received modified plans from the property owner last month. The modified plans included the addition of a 6' deep, full facade width front porch, alteration of the exterior siding materials, and changes to the front -facing roof. A copy of the proposed alterations are enclosed for City Council Review. In August of this year, both the HPC and the Planning Commission (PC) held public hearings to consider new application requests from the applicant. Both Commissions elected to conditionally approve the requests. The approved plans include improvements that will encroach into the Hazel Street East right-of- way. This includes the porch, stairs, at -grade walkway, and retaining wall. If approved, the improvements will be greater than 5' from the back of the Hazel Street East curbline. These improvements require City Council permission to remain. SPECIFIC REQUEST Approval of an Encroachment Agreement for certain private improvements associated with 304 Hazel Street East. EVALUATION OF REQUEST The existing home sits (approximately) 2' from the Hazel Street ROW. The addition of a front porch will cause the home and its appurtenances to extend over the property line. However, in the City Council's May, 2021 meeting, the Council directed the property owner to work with the City's HPC to create a design for the home that is consistent with the City's adopted guidelines for the NCD Overlay district; the Council was specific that adding a front porch to the home must be considered. The proposed porch will be located approximately 15' from the back of the Hazel Street curb. The retaining wall and stairs, though closer, will not be less than 7' from the back of the Hazel Street curb. In consultation with City Engineer Shawn Sanders, it has been determined there is no conflict with existing or planned ROW improvements. Staff has drafted an Encroachment Agreement Resolution for City Council consideration. Though the Resolution is attached, the Agreement will not be available until Tuesday, September 7, 2021. Incorporated as conditions of Resolution approval are relevant HPC and PC conditions of approval as well as a condition the applicant pay the $50 encroachment request application fee prior to the issuance of a building permit. ALTERNATIVES The City Council has several available alternatives: 1. Approve — If Council finds that the Ous encroachment request is reasonable, the Council can move to conceptually approve the request, with or without conditions. CPC 2021-45 September 7, 2021 Page 3 2. Deny — If the Council finds that the Ous encroachment request is not reasonable, the Council can move to deny the request. 3. Table for more information. RECOMMENDATION Staff recommends approval of the enclosed Resolution, approving an encroachment agreement and authorizing the mayor to sign. Attached: Resolution of Approval Encroachment Agreement RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING AN AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 304 HAZEL STREET EAST CPC CASE NO. 2021-45 WHEREAS, Jason Ous owns the property at 304 Hazel Street East, legally described on Exhibit A and shown on Exhibit B; and WHEREAS, the property owner would like to construct certain improvements associated with the building at 304 Hazel Street East, as shown on Exhibit's C1-C3; and WHEREAS, said improvements will encroach onto the Hazel Street East right-of- way. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the agreement relating to landowner improvements on 304 Hazel Street East with the following conditions of approval: 1. Plans shall be consistent with those submitted to the Community Development Department and found on file with HPC Case No. 2021-30 and CPC Case No. 2021-45, except as modified by conditions herein or other City of Stillwater approvals. 2. All existing vertical, metal and decorative siding on the east, south and west elevations shall be converted to horizontal siding with same revel and color on all three sides. 3. The roof shall be gabled pitched and either clad in metal to match the existing or the entire roof, including the original two-story addition and new porch, shall contain asphalt shingles. The roof pitch soffit, facia and detail shall match the existing. Adjustments may be made at the NW corner as needed. 4. If asphalt shingles are added to the home, the porch roof shall have asphalt shingles. 5. The aluminum extruded railing shall be added onto the entire front of the porch, with the exception of the area adjacent to stairs, and any area that is excess of 24" from ground grade. 6. The applicant shall pay applicable attorney's fees before the issuance of a building permit. 7. The applicant shall pay the encroachment agreement fee on the City's adopted fee schedule, as adopted by City Council Resolution. 8. Permission to encroach onto DNR land must be obtained and submitted to the Community Development Department prior to any building permit approvals. 9. Building permit plans will need to be approved by applicable engineering, fire and building officials before the issuance of a building permit. 10. Runoff from the porch should in no way impede or affect driving conditions on Hazel St. 11. All minor modifications to the plans shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the HPC and/or Planning Commission, as required. Determination of the distinction between "major" and "minor" is defined in the Zoning Ordinance. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description The West Hale (W 1/2) of Lot 4, Block 454, CARLI AND SCHULENBURG'S ADDITION TO STILLWATER, excepting therefrom that part heretofore conveyed to the Stillwater and St. Paul Railroad Company; together with that part of North First Street that accrues to said Lot 4 by reason of the vacation thereof, Washington County, Minnesota AND East Half (E 1/2) of Lot 4, Block 54, CARLI AND SCHULENBURG'S ADDITION TO STILLWATER, lying West of railroad, Washington County, Minnesota EXHIBIT B Site Location Map EXHIBIT Cl bD tecrier .- 5.0 1 -Yr-v%.z. r,“•-• Pet,, pA• tkri-TI•n Spalr,- 3) C3"44•1 4. 1,1 PCPe-* Lg p IN kr." r CC %le r EXHIBIT C2 pxr exrC, c-ie. i 4mi JJ__ S� i tR41rl, Jf ? ti I• I 24' f ^. vY. 4,1,4 EXHIBIT C3 145 - 4 }-4-iortzt.-S4—S- 4.S 05- LI s 49- A•34 CIRB311' 511k 1 -C:7; klAx-J%4 Jr-s AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ON 304 HAZEL STREET EAST IN THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA THIS AGREEMENT ("Agreement") is made, entered into and effective this day of , 2021, by and among the City of Stillwater, a Minnesota municipal corporation, and Jason Ous and Diana Ous, husband and wife. Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained, the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2 City. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.3 Landowner. "Landowner" means Jason Ous and Diana Ous, husband and wife, and their successors and assigns in interest with respect to the Encroachment Property. 1.4 Responsible Owner. Responsible Owner means, jointly and severally, Landowner. 1.5 Encroachment Property. "Encroachment Property" means the real property located in the City of Stillwater, Washington County, Minnesota legally described on Exhibit A, attached hereto and incorporated herein. 1.6 City Easement. City Easement means the Hazel Street East right of way adjacent to the Encroachment Property. 1 1.7 Landowner Improvements. "Landowner Improvements" means Landowner's addition of a front porch, stairs and retaining wall, as depicted on the survey prepared by Stantec, dated June 3, 2021 on Exhibit B, attached hereto and incorporated herein ("Survey"). 1.8 Construction Plan. "Construction Plan" means the Construction Plan on file with the City for the construction of Landowner Improvements. 1.9 Utility Costs. "Utility Costs" means all costs incurred by the City, (whether performed by the City or its agents or contractors), for the inspection of and access to and repair, maintenance and replacement of the City Easement or any improvements within the City Easement and the placement of additional improvements in the City Easement. Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re -burying any improvements in the City Easement, re -compacting the soils over any improvements in the City Easement, restoring the City Easement area, and all engineering and attorneys' fees incurred in connection therewith. Utility Costs also include the costs of temporarily removing the Landowner Improvements and subsequently replacing the Landowner Improvements in the City Easement, if such costs have not already been paid by the Responsible Owner. 1.10 Pre -Encroachment Costs. "Pre -Encroachment Costs" means a reasonable estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner Improvements did not exist. 1.11 Cost Differential. "Cost Differential" means the difference between the Pre - Encroachment Costs and the Utility Costs in light of the existence of the Landowner Improvements. The City's determination of the amount of the Cost Differential shall be binding on the Responsible Owner. The City's determination shall be appropriately supported by cost estimates obtained from independent contractors or engineers. ARTICLE 2 RECITALS Recital No. 1 Landowner owns the Encroachment Property. Recital No. 2 The Encroachment Property is being developed with Landowner Improvements. Recital No. 3 Landowner wants to locate the Landowner Improvements within the City Easement; specifically encroaching ten (10) feet within the City Easement. Recital No. 4 Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to be placed within the City Easement if the following conditions are met: (a) The Responsible Owner maintains the Landowner Improvements. 2 (b) The Responsible Owner agrees to pay the City any Cost Differential relating to inspections, access, repair, maintenance and replacement of the City Easement or any improvements City Easement and the placement of any additional improvements in the City Easement. (c) The Responsible Owner agrees to temporarily remove the Landowner Improvements in the event the City has need to access the area where the Landowner Improvements exist in order for the City to inspect, repair, maintain, and replace the City Easement any improvements in the City Easement or construct additional improvements in the City Easement. Recital No. 5 Because Landowner currently owns all the Encroachment Property, Landowner is currently the only Responsible Owner. ARTICLE 3 AGREEMENTS 3.1 Construction And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City to make the Landowner Improvements in the City Easement. The Landowner Improvements shall only be placed at the locations specified in the Survey. The Landowner Improvements must be constructed according to the Construction Plan. Landowner and the Responsible Owner shall not place any other structures, irrigation systems, buildings, or fences in the City Easement, except for the Landowner Improvements. After construction, the Responsible Owner, at its own expense, shall maintain and repair the Landowner Improvements. 3.2 City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.3 Continuing Right To City Easement. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Easement. 3.4 Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the City Easement. 3.5 Risk Of Loss. Landowner and the Responsible Owner understand and agree that the Landowner Improvements within the City Easement may be adversely affected by damage caused to Landowner Improvements arising out of the City's use of the City Easement. The parties agree that the City is not responsible for such events; the City shall have no liability to Landowner or the Responsible Owner for such events. Landowner and the Responsible Owner assume the risk of installing the Landowner Improvements in an area where the City Easement exists. 3 3.6 Landowner To Bear Cost Of Relocating Landowner Improvements. The City is responsible for the repair and maintenance of the City Easement. The City may require the Responsible Owner at its expense to temporarily remove and subsequently replace the Landowner Improvements in the City Easement in order for the City to gain access to the City Easement for the purpose of inspecting, repairing, maintaining, or replacing anything located in the City Easement now or in the future. If the Responsible Owner does not perform such tasks, the City may perform such tasks and in such case the Responsible Owner shall reimburse the City for the City's costs and expenses. Prior to commencing such tasks, the City shall send a notice to the Responsible Owner and allow the Responsible Owner twenty (20) days from the date of the written notice to perform the tasks. If the Responsible Owner has not completed the work within the twenty (20) days, then the City may proceed to perform the tasks. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. The charges shall be divided equally among the Encroachment Property. 3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating to a twenty (20) day written notice to the Responsible Owner to perform its obligations under Sections 3.6, the City shall not be required to give such notice if the City's engineer determines that an emergency exists. In such instance, the City, without giving notice to the Responsible Owner may perform the work and, in such case, the Responsible Owner shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. 3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or inspection, maintenance, repair or replacement of the City Easement or any improvements therein or relating to construction of new improvements in the City Easement in the future, then the Responsible Owner shall pay the Cost Deferential to the City. The Responsible Owner must make payment for the Cost Deferential within thirty (30) days after the City has sent a written invoice for the Cost Deferential to the Responsible Owner. 3.9 Remedies. If the Responsible Owner fails to perform its obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non-exclusive remedies: 4 (a) The City may specifically enforce this Agreement. (b) If Responsible Owner fails to make payments under Section 3.6, 3.7 or 3.8, then the City may certify to Washington County the amounts due as payable with the real estate taxes for the Encroachment Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The charges shall be evenly allocated among the Encroachment Property. The Responsible Owner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Encroachment Property. Further, as an alternate means of collection, if the written billing is not paid by the Responsible Owner, the City, without notice and without hearing, may specially assess the Encroachment Property for the costs and expenses incurred by the City. The Responsible Owner hereby waives any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Encroachment Property. The Responsible Owner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Responsible Owner acknowledges that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Encroachment Property. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.10 Indemnification. The Responsible Owner shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to any of the following: (a) The Landowner Improvements; (b) Installation and maintenance of the Landowners Improvements; (c) Failure by the Responsible Owner to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and 5 (d) Use of the City Easement for Landowner Improvements. 3.11 City Duties. Nothing contained in this Agreement shall be considered an affirmative duty upon the City to perform the Responsible Owner's obligations contained in Article 3 if the Responsible Owner does not perform such obligations. 3.12 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 3.13 Recording. The Responsible Owner shall pay for the City's costs to record this Agreement with the Washington County Recorder against the Encroachment Property. 3.14 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Encroachment Property and shall be binding upon the heirs, successors, administrators and assigns of the parties. The obligations of the Responsible Owner contained in this Agreement are joint and several. 3.15 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.16 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.17 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 3.18 Headings. The subject headings of the sections this Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. [The remainder of this page was intentionally left blank.] 6 IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY: CITY OF STILLWATER Ted Kozlowski, Mayor Beth Wolf, City Clerk STATE OF MINNESOTA ss. COUNTY OF WASHINGTON On this day of , 2021, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 7 LANDOWNER Jason Ous Diana Ous STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. The foregoing instrument was acknowledged before me on day of , 2021, by Jason Ous and Diana Ous, as husband and wife. This Instrument Was Drafted By And After Recording Return To: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, MN 55075 (651) 451-1831 Notary Public 8 EXHIBIT A LEGAL DESCRIPTION The West Half (W'/2) of Lot 4, Block 54, Carli and Schulenburg's Addition to Stillwater, excepting therefrom that part heretofore conveyed to the Stillwater and St. Paul Railroad Company; together with that part of North First Street that accrues to said Lot 4 by reason of the vacation thereof, Washington County, Minnesota. AND East Half (E '/2) of Lot 4, Block 54, Carli and Schulenburg's Addition to Stillwater lying West of railroad, Washington County, Minnesota. Abstract Property PIDs: 21.030.20.13.0062 and 21.030.20.13.0061 A-1 EXHIBIT B SURVEY F k6 RLS L3774 LEGAL DESCRIPTION (PROVIDED BY OWNER) CERTIFICATE OF SURVEY 304 HAZEL STREET, TILLIATER, MN 0 15 30 .?f SCALE LN FEET CA4-1 • DENDTESS ]f2]N01 E47h PIPE PLXM113 PAN . % I cch. HALF The West HaLf (W if2) of Lot A, Block SA, CARL] AND SCHLILENBLJRG' ADDITION. TO STILLWATER, ecteptIng therefrom that part heretofore conveyed to the Stillwater and St. Paul Railroad Company; together with that part of North Frrst Street that accrues to said Lot 4 by reason of the vacation thereof, Washington County, Minnesota_ AND East Half.1E1I2 ) of Lot A, Block 54, CARL( AND SCHULENBURGS ADDf1IO14 TO SfILLWATER, lying West of railroad, Washington Count Minnesota. DE!IDTES ]f2]NDH IRON PPE SET AND M4NFH} FAY LICENSE MO. 23ET —EXISTING RETA.IN]NG WALL I 111 -7r1 STREET EXISTING HOUSE f �o PROFQSEIi I PROPOSED SIEFS -FYIOPERTY LINE -:o-rrtl EXISTING RETAIN]NG WALL I HEPEl3'f CERT1F+f THAT TM MA , SRECFICATIDN, OP REPORT IAS PREPARED BY 6.4E OP UNDER MY DIRECTSUPE VI9Dh. AND THATI A1.4 A DULY LLCEF#E PROFESSIONAL LAND SURVEYOR UNDER THE LA5 fS OF THE SLATE OF L1INNE3OTA. PINT NAJ.IE: UNDA H. BP04IN SIGNATURE: a:Vidire‘90:140.� DAZE JLL,E$ 2iC1 uC. hO. '233E2 Starrtec Si. Cloud Office 3717 23rd Street South Sc int Cloud, MN 56301 Phone: 32 254-4552 h'1eLieilc:�n. r.: �tante��oom .1PVEY '43,90532B 101.do �ES+LSED w'11ST 21. Am PROJ. NO. - 48F.C532E. B-1 MEMORANDUM TO: Mayor and City C uncil FROM: Reabar Abdullah, Assistant City Engineer DATE: September 3rd, 2021 SUBJECT: Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll and Calling for the Hearing on Proposed Assessment for the 2021 Street Improvement Project (Project 2021-02) DISCUSSION The contractor is progressing on the 2021 Street improvement Project. The project is scheduled to be completed by the end of October 2021. Based on the work completed and estimating the cost of the remaining work, staff has projected the total cost of the project to be $2,095,862.31. The assessment roll needs to be prepared and a hearing held. It is proposed that that the hearing will be held October 5, 2021. This will certify the project to the County this year. RECOMMENDATION Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. ACTION REQUIRED If Council concurs with the recommendation, they should pass the following resolutions: 1. RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02). 2. RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02). City of Stillwater Washington County, Minnesota RESOLUTION 2021-120 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02) WHEREAS, a contract has been let and costs have been determined for the improvement of streets and utilities at $1,777,671.31 and the expenses incurred or to be incurred in the making of such improvement amount to $318,191.00 so that the total cost of the improvement will be $2,095,862.31. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $581,520.38 and the portion of the cost to be assessed against benefited property owners is declared to be $1,514,341.93 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2022, and shall bear interest at the rate of (2.90%) two and nine tenth percent per annum from the date of the adoption of the assessment resolutions. 3. The city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in their office for public inspection. 4. The clerk shall upon the completion of such proposed assessment notify the council thereof. Adopted by the Stillwater City Council this 7th day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021-121 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR 2021 STREET IMPROVEMENT PROJECT (PROJECT 2021-02) WHEREAS, by a resolution passed by the Council on September 7th, 2021, the city clerk was directed to prepare a proposed assessment of the cost for the 2021 Street Improvement Project. The following is the area proposed to be assessed; Properties abutting Bayberry Ave. (Maryknoll Dr. N to Hawthorn Ln.), Interlachen Dr. (Bayberry Ave to 72nd St. N),Pineridge Ln., Northland Ave. (Interlachen Dr. to Hawthorne Ln.), Edgewood Ave., Edgewood Ct., Fairlawn Dr., Eagle Ridge Trail (Creekside Crossing to Neal Ave.), Creekside Crossing, Creekside Cir., Creekside Ct., Autumn Way, Nightingale Blvd., Tamarack Ct., Interlachen Ct., Walnut Creek Dr., Cottonwood Ct., Eagle Ridge Cir., Eagle Ridge Ct., Eagle Ridge Crescent, Lecuyer Dr., Lecuyer Cir., Lecuyer Ct., Thorene Pl., Maryknoll Drive from Oakridge Rd to Bayberry Ave., Mid Oaks Ave. N WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed in the office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. A hearing shall be held for the project on the 5th day of October, 2021 at 7:00 p.m., or as soon as possible thereafter, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the City Treasurer; (in whole or in part) the remaining principal balance, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Stillwater City Council this 7th day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Stiliwater Administration Date: September 2, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Background Checks Ordinance Amendment It has come to my attention that the Background Checks chapter of the City Code was not updated when the City implemented the Short Term Home Rental licensing program. Background checks are required when applying for a license and that requirement is listed in the City Code under section 41-8, Subd. 4 however it should also be listed in section 22-12, Subd. 3. Therefore in an effort to maintain a current city code, staff recommends the Background Checks Section 22-12, Subd. 3 be amended to include Short Term Home Rentals. ACTION REQUIRED: If Council concurs with staff's recommendation, council needs to pass a motion approving the first reading of an ordinance amending City Code Sec 22-12, entitled Background Checks. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 22-12 ENTITLED BACKGROUND CHECKS The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: SECTION 1 AMENDING. The Stillwater City Code Section 22-12, Subd 3. 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: (1) Tobacco licenses; (2) Towing licenses; (3) Peddler licenses; (4) Pawnbrokers; and (5) Liquor establishments..-; and (6) Short Term Home Rentals. SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2021. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Stillwater Administration Date: September 2, 2021 TO: Mayor and Council FROM: Tom Ballis, Deputy Fire Chief 4 SUBJECT: Chapter 23, Fire Code Ordinance Amendment Staff has reviewed and updated chapter 23 of the ordinance to meet Minnesota State Fire Code. The updates cleaned up some language in the ordinance that are now covered in the MN State Fire Code which the City of Stillwater has adopted. Therefore, in an effort to maintain a current city code that reflects the MN State Fire Code, staff recommends Chapter 23 be amended to include only Subd. 1, 2, 3 and 7. ACTION REQUIRED: If Council concurs with staffs recommendation, council needs to pass a motion approving the first reading of an ordinance amending City Code Sec 23, entitled Fire Department. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 23 REGARDING THE REGULATION AND ENFORCEMENT OF THE MINNESOTA STATE FIRE CODE The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Chapter 23 of the City Code, Section 23-1, regarding the Fire Department is hereby amended as follows: Sec. 23-1. Fire department. Subd. 1. Minnesota State Fire Code; adoption. The Minnesota State Fire Code, one copy of which has been marked as the official copy and which is on file in the clerk's office, is adopted as the fire code for the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, except such portions as are modified or amended4ay-subdivision-6-ef4his-seetion. State law reference(s) Minnesota State Fire Code, Minn. Stat. § 299F.011. Subd. 2. Enforcement. Enforcement of this chapter shall be according to the following: (1) The fire chief or his authorized representative shall enforce the provisions of this section. (2) The fire chief may designate members of his department as inspectors when necessary. The fire chief may recommend the employment of technical inspectors who shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department and appointments made after examination shall be for an indefinite term with removal only for cause. (3) In order to provide the most efficient and effective enforcement for violations of this section, the fire chief or his authorized representative may, in their discretion, choose to issue an administrative citation pursuant to City Code § 22-10 or initiate criminal charges through the commencement of a formal criminal court action. Subd. 3. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: (1) Wherever the word "jurisdiction" is used in the state Minnesota State Fire Code, it shall be held to mean the city. (2) Wherever the term "corporate counsel" is used in the state Minnesota State Fire Code, it shall be held to mean the city attorney. SECTION 2. REPEAL. Chapter 23 of the City Code, Section 23-1, subdivisions 4, 5, 6, 8, 9, 10, 11, 12 are hereby repealed. The remaining subdivisions shall be renumbered accordingly. SECTION 3. 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 amends City Code § 23-1 relating to the regulation and enforcement of the Minnesota State Fire Code. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after is passage and publication according to law. Approved this day of , 2021. CITY OF STILLWATER 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 SEAN E. FROELICH CHRISTOPHER J. KRADLE TO: Mayor Kozlowski and Members of the Stillwater City Council FROM: Kori Land, City Attorney DATE: September 7, 2021 RE: Nuisance Ordinance Amendments & Fee Schedule BACKGROUND: The Council may recall that the City has adopted a process for issuing administrative citations for nuisance violations. As we reached the implementation phase, we continued to meet with Staff and further refine the steps involved to ensure a smooth enforcement mechanism. To that end, attached is an ordinance that clarifies some language in the nuisance ordinance, as well as identifies the city staff who may issue administrative citations. In addition, we are recommending the updated the City's Fee schedule to incorporate the appropriate administrative citation violations and fines. RECOMMENDED ACTIONS: 1. Approve the ordinance amendment for first reading 2. Adopt the revised Fee Schedule 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 38-6 AND 38-7 REGARDING NUISANCES AND SECTION 58 REGARDING ENFORCEMENT OFFICERS WHO CAN ISSUE ADMINISTRATIVE CITATIONS The City Council of the City of Stillwater does ordain: SECTION 1. AMENDMENT. Sec. 38-6 of the City Code, Violations and Sec. 38-7, Abatement are hereby amended as follows: 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, or an administrative citation pursuant to City Code § 22-10, or a criminal prosecution pursuant to City Code § 21-9. (2) No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person's control. 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 1 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. (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 2 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 a compliance letter for an abatement action by following the procedures set forth in City Code § 22-10 subd. 3. 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. AMENDMENT. Chapter 58 of the City Code, Issuance of Citations, is hereby amended as follows: Sec. 58-1. — Authorized issuers. Subd. 1. Except as otherwise provided by statute, any licensed peace officer of the State shall have the authority to enforce any provision of this code pursuant to city code Section 21-9. eta peace officer and part time peace officer, if permitted by law, may: (1) Ask a person receiving a citation to give a written promise to appear in court; or (2) Take a person into custody as permitted by Minn. Stat. §629.34. Subd. 2. The following city individuals may issue administrative citations pursuant to city code Section 22-10:in lieu of arrest or continued detention for violation of this Code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the city council. (1) Peace officers and part-time peace officers; (2) Community service officers; (3) Zoning administrator; (4) Building inspectorofficial; (5) Fire inspection officersChief, Fire Marshal, or designee; and (6) Parking enforcement officers,; (7) Code enforcement officers; 3 (8) City Clerk; (9) City Engineer or designee; (10) Community Development Director or designee; (1)(11) City Manager or designee. SECTION 3. 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 clarifies that multiple methods of enforcement may be used for Ch. 38 nuisance violations, clarifies that nuisance abatement compliance letters may be appealed, and adds additional enforcement officers who can issue administrative citations. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Approved this day of , 2021. ATTEST: Beth Wolf, City Clerk 4 CITY OF STILLWATER Ted Kozlowski, Mayor 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 Adopting 2021 Fee Schedule" on January 5, 2021; and WHEREAS, on April 6, 2021 the City Council adopted an Ordinance for issuing administrative citations for nuisance violations; and WHEREAS, the appropriate administrative citation violations and fines have been established; and NOW THEREFORE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, hereby approves the attached revised 2021 Fee Schedule. Adopted by the Stillwater City Council this 7th day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 11water THE BIRTHPLACE OF MINNESOTA -' City of Stillwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us 2021 FEE SCHEDULE Approved January 5, 2021 - Revised April 6September 7, 2021 I. COMMUNITY DEVELOPMENT FEES: Fee Planning Fees And Escrows The following fees are applicable for all requests submitted to the Downtown Parking Commission, Heritage Preservation Commission, Planning Commission and/or City Council. Technology Fee $25 Appeals $50 County Filing Fee $501 'The County recording fee applies to any request that requires a document(s) to be recorded at Washington County, ie, easements, resolutions, deeds, agreements, variances, use permits, etc. This recording fee does not apply to land subdivision or land development requests since an escrow is collected to cover that cost. Pre -Development Applications Escrow amounts listed herein are minimum requirements. Annexation Permit 0-10 acres 10+ acres Comp Plan Amend 0-5 acres 6-40 acres 41-80 acres over 80 acres Lot Line Adjustment Planned Unit Development (PUD) Concept Plan 0-5 acres 6-40 acres 41-80 acres over 80 acres Final 0-5 acres 6-40 acres 41-80 acres over 80 acres Subdivision Preliminary Plat Final Plat 0-5 acres 6-40 acres 41-80 acres over 80 acres 0-5 acres 6-40 acres 41-80 acres over 80 acres Resubdivision Administrative Subdivision Tax Increment Financing App. Fee $1,000 $2,000 $1,000 $2,500 $5,000 $7,500 $25 $3,000 $5,000 $7,500 $10,000 $1,000 $2,000 $3,000 $5,000 Escrow $500 $5,000 $5,000 $20,000 $50 $5,000 $5,000 $10,000 $10,000 $500 + $100 per lot $2,500 $1,000 + $100 per lot $5,000 $2,000 + $100 per lot $7,500 $5,000 + $100 per lot $10,000 $500 $1,000 $2,000 $5,000 $250 $200 $50 $100 $5,000 Planning and Zoning Use Permit Applications Fee Escrow For applications requiring an escrow, escrow amounts are dependent on project location, site condition and type of development. This is noted as 'TBD,' below. Zoning Amendment (text or map) 0-5 acres 6-40 acres 41-80 acres over 80 acres Beekeeping Permit (2 year permit) Chicken Keeping Permit (2 year permit) Conditional/Special Use Permit - Residential - Non -Residential Home Occupations - Type 1 -TypelI&Type III Seasonal Outdoor Sales Renewal with no changes Renewal with changes Misc. Planning and Zoning Permit Applications Fence Permit Sign Permit Variance - Residential - Non -Residential Zoning Letter Bed & Breakfast Inspection Certification of Compliance Use Determination Legal Non -conforming Use Change Tree Cutting Permit Short Term Home Rental License (valid 3 years) Additional Inspection (1st inspection included in license fee) Encroachment Permit Heritage Preservation Commission Applications Design Permit Building Demolition Permit Infill Design Permit II. BUILDING FEES: Contractor License (per year) Contractor License Verification Lead Certification/Verification $500 $2,500 $5,000 $7,500 $50 - Renewals without changes have no fee $50 - Renewals without changes have no fee $150 $450 $25 $200 $50 $25 $50 $25 $50 $150 $450 $100 $100 $100 $500 $500 $2 5 $300 $150 each $50 $25 $150 $150 Fee $100 $5 $5 $500 $2,500 $5,000 $10,000 TBD TBD III. ENGINEERING FEES: An Escrow shall be established as indicated above to cover engineering and legal fees incurred by the City as part of the plan review. This is noted as 'TBD,' below. 1) The fee shall be doubled for after -the -fact permit applications. 2) The Uniform Building Code establishes a fee schedule for grading permits. 2021 Fee Schedule Page 2 of 13 08/10/2021 Engineering Development Fees Fee AUAR Single Family $3,787.07/acre Multi-family/Commercial $7,584.15/acre Trunk Sewer and Water Phase III Annexation Long Lake East Long Lake West Middle Trunk A Boutwell East Boutwell West Park & Trail Fee Engineering Permits Grading Permit - Residential - Non -Residential Obstruction Permit (for two week period) Right -of -Way Permit Hole: Trench: Boring: Non -excavation (Obstruction): Extension: Penalty: Degradation: $18,960.25/acre $10,663.46/acre $16,069.66/acre $6,772.82/acre $15,103.76/acre $11,671.78/acre See Ordinance 963 $150 $500 $90 $1,500 $5,000 Fee $150.00 per hole $150.00 plus $0.40 per lineal foot of trench $150.00 plus $0.40 per lineal foot of boring $50.00 plus $0.06 per lineal foot $25.00 plus $25.00 per week of extension 2 times the amount of standard permit To be calculated by City (see below for estimates) Degradation fees — homeowners are exempt on repairs to existing sewer and water services in the right-of-way. Degradation Fee Estimates For Bituminous Street: New Street - 0 to 5 years $4.00 per square foot Existing Street $2.00 per square foot Street to be reconstructed in next 5 years $1.00 per square foot Degradation Fee Estimates For Bituminous Pathway: New Path - 0 to 5 years Existing Path - 5 years old to 5 year plan Path to be reconstructed in next 5 years Additional Engineering Charges Sewer & Water Hookup Sanitary Sewer Water Public ROW or Pubic Easement Vacation Small Wireless Facility IV. FINANCE FEES: Assessment Searches Assessment Roll Copy (each) $1.50 x path width x length $1.00 x path width x length $0.50 x path width x length Fee Escrow $4,588.37/unit $4,588.37/unit $350 $50/device $5,000 Fee $25 $25 Mowing & Snow Removal Services In addition to contractual services. One time service call or $100 first reoccurring service call 2021 Fee Schedule Page 3 of 13 08/10/2021 Second service call and each additional reoccurring service calls NSF Checks or denial of ACH Fee Sanitary Sewer Rates - Per Quarter First Minimum Charge Overage Charge Penalty/Late Fee Sign and Lighting - Per Quarter Residential Non -Residential Storm Sewer Rate - Per Quarter Parking Violation Late Fee V. FIRE INSPECTION: Annual license for retail sales of consumer fireworks Fireworks Display Permit (Pyrotechnics) (Ord. 943) Automatic fire extinguishing systems Fire alarm systems Open burning permit Residential daycare and foster care inspection Tank removal permit Yearly nuisance/false alarm fees* - Residential *False alarm fees based on calendar year and per call basis Yearly nuisance/false alarm fees* - Commercial *False alarm fees based on calendar year and per call basis VI. MISC. ADMIN FEES: Prepared Maps - Black/White/Blue Line As -built Drawings (11 x 17) City Map (8.5 x 11) City Map (11 x 17) Land Use Map (11 x 17) Zoning (8.5 x 11) Zoning (11 x 17) Prepared Maps - Color City Map (8.5 x 11) City Map (11 x 17) Land Use Map (11 x 17) Parcel Map and Topographic Maps Zoning Map (8.5 x 11) Fee $50 Maximum allowed by law. $64 $10 $25 $8 Based on acreage. $11.75 $25 Fee $100 $100 1.2% of value, $100 minimum 1.2% of value, $100 minimum $20 $50 $75 $0 $75 $150 $300 $400 $0 $90 $180 $360 $425 Fee 1-2 3-4 5-6 7-8 9+ 1-2 3-4 5-6 7-8 9+ $10 minimum or $3 per page $2 $2 $4 $2 $4 $2 $2 $7 Available through Washington County $5 2021 Fee Schedule Page 4 of 13 08/10/2021 Zoning Map (11 x 17) $7 Data Practices Requests Fee Electronic Transmittal, 100 or fewer pages of letter 25C per page or legal size Paper Copies (black and white), 100 or fewer 25(r for a one-sided copy pages letter or legal size 50C for a two-sided copy Paper Copies (color/prints) per side 8.5 x 11 (1-5 pages) $2.00 8.5 x 11 (6-50 pages) $1.75 8.5 x 14 (1-5 pages) $2.50 8.5 x 14 (6-50 pages) $2.25 11 x 17 (1-5 pages) $3.00 11 x 17 (6-50 pages) $2.75 Data on CD/DVD/Flash Drive (this does not include $15.00 copy costs) Data Practices Research Deposit $300.00 Copies or Electronic Transmittal of more than 100 pages or Other Types of Copies = Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email or via Dropbox or similar program). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, Flash Drive, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the current year Administration Secretary hourly rate. If, because of the subject matter of your request, we find it necessary for a higher -paid employee (Department Heads, Managers) to search for and retrieve the data , we will calculate the search and retrieval portion at their rate. Note: Fee must be paid before sending any electronic data information. Publications/Minutes/Agendas Fee Budget Book $25 City Code Book Unbound $100 City Code Book Bound $125 Comprehensive Plan printed & bound $75 Comprehensive Plan CD $15 Design Manual $5 Downtown Plan $10 Financial Report $50 Mailed agendas - per year $20 + Postage Mailed minutes - per year $60 + Postage Zoning Book $25 Other Services Copies (B/W) per side (8.5 x 11) (8.5 x 14) .25(G .50•$ 2021 Fee Schedule Page 5 of 13 08/10/2021 (11 x 17) .75¢ Copies (Color/Prints) per side Fee (8.5 x 11) (1-5 pages) $2 (8.5 x 11) (6-50 pages) $1.75 (8.5 x 14) (1-5 pages) $2.50 (8.5 x 14) (6-50 pages) $2.25 (11 x 17) (1-5 pages) $3 (11 x 17) (6-50 pages) $2.75 Data on CD/DVD/Flash Drive copies $15 City meetings available on DVD through Valley Access Channels at 651-430-2921 Solid Waste, Recycling and/or Roll -off Hauler License Fee Per Year Commercial Property (including roll -off) $300 Residential Property (including roll -off) $300 Roll -off Only $50 Liquor & Tobacco Licenses Fee Per Year On -Sale $2,887.50 On -Sale Club $446.25 On -Sale Sunday $200 Off -Sale $200 On -Sale Wine $315 On -Sale Wine w/Strong Beer $477.75 On -Sale 3.2% Malt Liquor $162.75 Off -Sale 3.2% Malt Liquor $57.25 Brewer Tap Room $500 Brewer Off -Sale $200 Brewers Tap Room On -sale Sunday $200 Consumption & Display $250 initial + $250 Payable to AGED 2 A.M. On -Sale $200 initial + $200 Payable to AGED Micro Distiller Cocktail Room $2,887.50 Micro Distiller Off -Sale $200 Permit to Consume $35 per day Temporary Liquor License Fee (12/year on -sale) $25 per day Temporary Liquor License Fee (3.2% unlimited) $25 per day Annual Investigation (Liquor & Tobacco) $150 Initial Liquor Investigation Fee $300 Initial Tobacco Investigation Fee $250 Tobacco License $250 per year Liquor & Tobacco License Violation Appeal $100 + Hearing Officer Fee ($90 hr) Pawn Broker Fee $5,000 + $200 monthly fee for computer access charges VII. STILLWATER PARK FEES: Park Facilities (Picnic Shelters, Gazebos, Pergolas) $100 refundable damage deposit plus one of the following fees: $50/day for Stillwater city resident $100/day for non -Stillwater city resident 2021 Fee Schedule Page 6 of 13 08/10/2021 Ball fields (for tournaments): $300 fee & refundable damage deposit $150 Preparation of Ball fields Fee Lower Lily Lake field $20/game Upper Lily Lake field $15/game Public Works Field $15/game Baseball & Softball $15/game Lacrosse or Soccer $20/application Football $25/application (All City Fields with the exception of Lower Lily Lake field which is $20/game) Park Open Space A $100 refundable damage deposit and $50/day for non -Stillwater city resident Pioneer Park Bandshell and Lowell Park Amphitheater $100 refundable damage deposit and $125/day fee for residents and nonresidents. All groups, including not -for -profit groups and educational institutions must pay to use the Bandshell and Lowell Park Amphitheater (anytime). Teddy Bear Park Building Rate Schedule A $100 refundable damage deposit per floor is required plus the following: Mon-Thurs Resident Non -Resident Non-profit Group For -Profit Group First 3 hrs. (1st floor) $50 $80 $50 $80 Add'l hour (1st floor) $15 $25 $15 $25 First 3 hrs. (2nd floor) $40 $60 $40 / $10* $60 Add'l hour (2nd floor) $10 $15 $10 / $5* $15 *Rate based on a minimum of 10 meetings per year with no food at the meeting. Fri -Sun Resident Non -Resident Non-profit Group For -Profit Group First 3 hrs. (1st floor) $90 $160 $90 $160 Add'l hour (1st floor) $25 $45 $25 $45 First 3 hrs. (2nd floor) $70 $125 $70 $125 Add'l hour (2nd floor) $20 $35 $20 $35 Tree Contractor License Fee $100/year Events & Special Events All groups, including not -for -profit groups and educational institutions must pay deposits and rental of amenities when holding any event. Event permit fees for city services will be limited to the city's out-of-pocket expenses attributable to the event. Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, any contracted services and extraordinary use of city equipment for the event. Event Application Fee $0 Special Event Application Fee $50 Special Event with Contract Application Fee $100 Event Application - Late Fee $100 Event Fees (Defined): 2021 Fee Schedule Page 7 of 13 08/10/2021 Event No event base fee required Events with Routes - No participant fee required $100 refundable damage deposit if using a park Special Event $500 per day* Base Fee Events with Routes - $1 per registered participant $1,000 Security Deposit Special Event With Contract $500 per day* - subject to negotiated contract provisions. Events with Routes - $1 per registered participant $1,000 Security Deposit subject to negotiated contract provisions. *Per Day includes each day of event. Separate load -in day fee of $500/day will apply. Police Services Police Dept. Personnel/Officers Police Reserves Fire Department Personnel Fire Department On -Call Personnel Materials Barricade 4' to 12' Saw Horse (No Flasher) Barricade 4' to 12' Saw Horse (With Flasher) Type III Barricades Drums Electrical use (Lowell Park) Electrical use (Parks, except Lowell Park) PD No Parking Signs Picnic Tables Portable toilet - Handicapped Portable toilets Additional Service Reflective Cones Refuse Collection Traffic Sign on stand Trash Containers Fee Overtime Rate - 2 hr. Minimum $15 per hour - 2 hr. Minimum Overtime Rate - 2 hr. Minimum $15 per hour - 2 hr. Minimum $2/barricade/each day of event $5/barricade/each day of event $5/barricade/each day of event $1/drum/each day of event $20/per elec. box/each day of event $10/each day of event $3/sign/each day of event plus labor if after normal business hours $10/table/each day of event $150/event/unit $60/event/unit $25/unit/service $1/cone/each day of event Cost of staff time. $2/sign/each day of event $8/container/each day of event VIII. PARKING FEES: Downtown Parking Rental Rates - Peak Season (May through October) Weekday' Lot 1 $15/day/space2 Lott $9/day/space3 Other paved city lots $1.50/day/space4 Unpaved city lots $1/day/space4 On -street parking (except on Main St5) $9/day/space Weekend' $15/day/space2 $9/day/space3 $3/day/space4 $1.50/day/space4 $9/day/space Downtown Parking Rental Rates - Off Season (November Through April) Weekday6 Weekend6 All lots: 3 hours or less Free - must be approved by Free - must be approved by Parking Commission Parking Commission All lots : > 3 hours $1.50/day/space On -street parking (except on Main St. 5) $3/day/space $1.50/day/space $3/day/space 1 Peak season weekday = Monday through Wednesday; Peak season weekend = Thursday through Sunday 2021 Fee Schedule Page 8 of 13 08/10/2021 2 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours = $5; >4 but <8 hours = $10; more than 8 hours = $15 3 Partial day use (or reservation) will incur only a partial day fee as follows: 0-4 hours = $3; >4 but <8 hours = $6; more than 8 hours = $9 4 This rate applies whether the space is used (or reserved) for a partial or full day. 5 On -street parking spaces cannot be reserved on Main Street. 6 Off season weekday = Monday through Thursday; off season weekend = Friday through Sunday Surface Lots Permit Parking: Downtown RcsidcntalResidential Permit parking per vehicle (24/7) Downtown Business Permit parking per vehicle (no overnight parking) Parking Ramp: Hourly Parking (Available daily, except during events) Weekday (Mon to Thurs 5 pm) Weekend (Thurs 5 pm to Sunday 11:59 pm) Business Permits Standard permit: weekdays 6 am to 6 pm (after 6 pm hourly rates apply) Extended Hours permit: weekdays to 9 pm (after 9 pm hourly rates apply) Hospitality Industry permit: valid to 6 am next morning Residential Permits 8 permits for Rivertown Commons residents 17 permits for other Stillwater residents Event Parking - Special Events: all day Parking Violations. Any violation not preceded by another parking violation the prior 90 days Any violation preceded by one parking violation within prior 90 days any violation r edea by two parking vielations ran days Added to fine if not paid within 10 business days of issuance IX. POLICE FEES: Audio Copy Bicycle License Annual Dog Pass - Resident Annual Dog Pass - Non -Resident Dog License or Pass Replacement Tag Dog License - 3 year license 3 year license microchipped only 3 year license sterilized only 3 year license microchipped and sterlizedsterilized Dog License - Lifetime license Lifetime license microchipped only Lifetime license sterilized only Lifetime license microchipped and sterlizedsterilized Lifetime licesenseclicensee holders must provide a copy of rabies vaccination every 3 years to the City of Stillwater Dog License - Potentially Dangerous Dangerous Dog Impound Kennel In-house Statistical Computer Run Fee $20/month $20/month Fee $3/day $5/day $20/month $25/month $30/month $25/month $35/month $10/day $25- $20 $30 $15 $1 $0 $10 $5 $35 $25 $15 $5 $105 $75 $45 $15 $200 $400 $50 $250 $25 2021 Fee Schedule Page 9 of 13 08/10/2021 Peddler Background Check per each individual or representative Police Reports Special Vehicle License State Accident Reports Video Copy Police Services that DO NOT fall under Events Off -Duty Police Officers (paid directly to Officers) 3 hr minimum Police Reserves (paid directly to Reserves) 3 hr minimum X. VIOLATIONS: Administrative Citations Animal - Wild or Dangerous Dog $20050 0 Animal violations, general, including bees, chickens $5-955 (except dangerous animals) Automobile fenders Auxiliary lights Bcc Keeping violations Brakes Building Demolition violations of historic structures Bumpers, safeguards Certain lights permitted on old motor vehicles Chicken keeping violations Clearance and marker lamps Composite beam Conducted on licensed premises/disorderly conduct, disorderly house, alcohol, ctc. Curfew Disposal of flammable waste into sewer system Disposal of liquid waste into sewer system Distribution of light Disturbing the p ace Electronic sound system/audio equipment Fail to stop at a stop sign/line Failure to obtain a licensearcgistration (contractor, peddler, permit to consume (in parks), towing, seasonal outdoor sales, or short term home rental) registration or permit Failure to obtain a liquor or tobacco license Flares, flags, or rcflcctors required Fire Code violations Garbage & Rubbish failure to abide ordinance Carbagc & Rulalaish i oper storage $60 $60 $48850 Di -day $50 $100/d ay $100/d ay $100 $25/da y$250 $100/d ay $100 $25/da y $25/da y $15 $0 $100 $0 $40 $50/hr $20/hr Fine Stillwater City Code Scc. 27 5Ch. 27 Scc. 27 5Ch. 27, Ch. 31 Minn. Stat. §169.734 Minn. Stat. §169.56 Scc. 27 3 Minn. Stat. §169.67 Scc. 31 8Ch. 31-215 Minn. Stat. §169.73 Minn. Stat. §169.62 Sec. 31 514 (6) Minn. Stat. §169.51 Minn. Stat. §169.61 Sec. 43 1 Minn. Stat. §609.72 Sec. 52-11 Sec. 29 8Ch. 29 Scc. 29 7 Minn. Stat. §169.60 Scc. 52 1 Scc. 38 3 Minn. Stat. §169.30(b) Scc. 11 1, 11 1(3); 18 4; 41 6; 41 7, 41 8(3) Ch. 41. Ch. 43 Scc. 41 2 (3) Minn. Stat. §169.75 Ch. 23 Sec. 30 1 5Ch. 30 Scc. 30 1 S 2021 Fee Schedule Page 10 of 13 08/10/2021 Headlamps Horn, siren Identification lamps Lights for parked vehicles Lights on all vehicles Method of parking Motor vehicle noise limits Muffler Noise, noisy parties or gatherings Noise violations Number of lamps Open burning or 1 rives Possession of alcohol in public Parking violation $60 $60 $60 $60 $60 $60 $60 $100 $150 $60 $100 Minn. Stat. §169.49 Minn. Stat. §169.68 Minn. Stat. §169.58 Minn. Stat. §169.53 Minn. Stat. §169.55 Scc. 51 2 Minn. Stat. §169.693 Minn. Stat. §169.69 Scc. 38 2 Ch. 52 Minn. Stat. §169.63 Scc. 23 1, subd. 10 Scc. 52 15 $25 Ch. 51 Parking violation snow emergencies $50 Prohibited lights; exceptions S-60 Prohibition; operating automobile with unsafe tires $60 Projecting load; light or flag $60 Public nuisance, general defined $75200 Public nuisances affecting health Public nuisances affecting health, peace and safety $75500 Public health, safety, welfare violations (except as $100 otherwise stated) Public parks violationss: hours of operation, permitted activities Public waters violations Pul lic parks: prohibited acts Public urination Rear lamps R nrvicw mirror Recreational vehicles violation Roller skates; skateboards ROW permit violations Safety glass Self-propelled devices violations Short Term Home Rental 1st verified complaint Short Term Home Rental 2nd Verified complaint Short Term Home Rental 3rd verified complaint Sign violations Slow moving vehicle, sign required Snowmobiles Special & Conditional Use Permit violations Specifications for lighting and other devices Speeding (1 9 mph over limit) Ch. 51 Minn. Stat. §169.64 Minn. Stat. §169.724 Minn. Stat. §169.52 Scc. 38 Sec. 38 Sec. 38 Ch. 52 1, subd. 2Ch. 38 1, subd. 2(1) 1, subd. 2(2)Ch. 38 Fine Stillwater City Code $50 Sec. 48 5Ch. 48 $200 $50 $50 $60 $60 $50 $50 $100 $60 $50 $250 $1,000 $2,000 $60 $70 $250741 ay $60 Ch. 35 Sec. 48 2 Sec. 52 18 (Ord 1065) Minn. Stat. §169.50 Minn. Stat. §169.70 Sec. 51-7 Scc. 51 8 Ch. 24 Minn. Stat. §169.74 Sec. 51-8 Sec. 41-8 Sec. 41-8 Sec. 41-8 Sec. 31 509 Minn. Stat. §169.522 Sec. 51-6 Scc. 31 207Ch. 31 Minn. Stat. §169.65 Minn. Stat. §169.14 2021 Fee Schedule Page 11 of 13 08/10/2021 State Building Code violations, general State Building Code violations, hazardous Stormwater violations Subdivision Ordinance violations Watering restriction violations Swimming Pool violations Tire surface; metal studs Unreasonable acceleration/exhibition of speed Vehicle signals Warning lights Wheel flaps on truck and trailer Windshield Winter parking; snow emergencies Zoning Ordinance violations, unless otherwise stated Except as otherwise stated, all other violations of City Code Repeat Violations within 12 months (except parking violations) Alcohol Violations After hours display or consumption of alcoholic beverages After hours sales of alcoholic beverages Commission of a felony related to the licensed activity Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages Illegal gambling on premises Refusal to allow City Inspectors or Police admission to inspect premises Sale of alcoholic beverages while license is under suspension Sale/purchase of alcoholic beverages to/by underage person Sales of alcoholic beverage to obviously intoxicated person $4A820 0/day $500 $200 $100 250 $25 $100/d ay $60 $60 $60 $60 $100 f ay $100 Scc. 33 1.4Ch. 33 Ch. 33 Ch. 35 Scc. 32 1Ch. 32 Ch. 28 Sec. 33 2 Minn. Stat. §169.72 Sec. 51 3 (2) Minn. Stat. §169.57 Minn. Stat. §169.59 Minn. Stat. §169.733 Minn. Stat. §169.71 Sec. 51 5 Scc. 30 102Ch. 31 general Double the amount of scheduled fine for the previous violation, up to a maximum of $2,000 *Look back period for multiple offenses is no more than 5years 1st Offense 2nd Offense 3 day 6 day Suspension 3 day Suspension Revocation 3 day Suspension y Suspension 5 day Suspension Revocation 1st Offense $500 $500 Suspension 6 day Suspension N/A 6 day Suspension Suspension 15 day Suspension N/A 2nd Offense $750 + 3 day Suspension $750 + 3 day Suspension 3rd Offense* 9 day Suspension 9 day Suspension N/A 9 day Suspension y Suspension Revocation N/A 3rd Offense* $1,000 + 9 day Suspension $1,000 + 9 day Suspension Tobacco Violations *Same licensed premises within 36 month period of first violation. 4th Offense Revocation Revocation N/A Revocation Revocation N/A N/A 4th Offense Revocation Revocation 2021 Fee Schedule Page 12 of 13 08/10/2021 Refusal to allow City Inspectors & Police admission to inspect premises Sale/purchase to/by underage person Unlawful self service sale Unlawful vending machine All other tobacco violations XI. ST. CROIX VALLEY RECREATION Hourly Rates: Rec Center Ice Lily Lake Ice Full Field Hours Half Field House Outdoor Field Other Rates: Open Skating Open Field 1st Offense $300 $300 $300 $300 $300 CENTER RATES: Prime Time $220/hour $215/hour $320/hour $260/hour $20/hour $5/child $5/child 2nd Offense* $600 $600 $600 $600 $600 3rd Offense and subsequent* $1,000 and Revocation $1,000 and Revocation $1,000 and Revocation $1,000 and Revocation $1,000 and Revocation Non -Prime Time $165/hour $165/hour $260/hour $190/hour $20/hour $6/adult $6/adult Summer Ice $165/hour $165/hour $165/hour $165/hour $20/hour 2021 Fee Schedule Page 13 of 13 08/10/2021 ttllwater Administration To: Mayor & City Council From: Jason Grode, Parks Superintendent Meeting Date: September 7, 2021 Re: 2021 Stillwater Harvest Fest Event Application Summer Tuesdays, Inc. has submitted an event application for a Special Event permit to hold the 2021 Stillwater Harvest Fest on October 9-10, 2021. The Harvest Festival will be open to the public on Saturday & Sunday from 10 a.m. to 6 p.m. The event organizers are requesting to use North Lowell Park along with Parking Lots 4, 5, 9, 10, 11 and Mulberry Circle. Set up would begin at 8:00 a.m. on Friday, October 8th. Load -out and clean-up will occur by Monday October 11th from 7:00 a.m. — 12:00 PM. The Harvest Fest is a free, family friendly annual event held in downtown Stillwater that includes a giant pumpkin weigh off, pumpkin regatta, live music, kids' activities, beer garden, chili cookoff, pie eating contest, kids costume parade along with other activities. The event organizers are requesting to use Parking Lots 4, 5, 9, 10 and 11, as well as Mulberry Circle. The cost to reserve these spaces for 3 days would be $2,019.00. Additional fees including city services and materials, along with security fees by the Stillwater Police Department will be charged according to the 2021 Fee schedule. The Organizer must provide the City with their insurance certificate, agency permits and coordination with Police, Fire and Public Works by September 17, 2021. The Organizer has requested a waiver of the base fee for both event days and the set-up day. ACTION REQUIRED The City Council should review the event application materials and request for fee waiver. If Council wishes to approve the event, they should pass a motion approving the 2021 Harvest fest Special Event Contract and Temporary Liquor License. Attachments: Event Application, Site Plan and Request for Fee Waiver 2021 STILLWATER HARVEST FEST AGREEMENT THIS AGREEMENT, between the CITY OF STILLWATER, Washington County, Minnesota ("City"), and SUMMER TUESDAYS, INC., a Minnesota non-profit corporation, ("Organizer") 1. Harvest Fest. The City has encouraged the Stillwater Harvest Fest ("Event") in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Dates and Hours of Event. Operations are limited as follows: Setup: Friday, October 8 - 8:00 a.m. - 10:00 p.m. Event: Saturday, October 9 - 10:00 a.m. - 6:00 p.m. Sunday, October 10 - 10:00 a.m. - 6:00 p.m. Cleanup: Monday, October 11 - 7:00 a.m. - 12:00 p.m. Load In/Load Out: Organizer will coordinate the Load In/Load Out times for the event with the Public Works Department by September 17, 2021. 3. Event/Alcohol. Harvest Fest has been granted conceptual authority to dispense intoxicating liquor at the Event. This approval is subject to the Organizer applying for and being granted a Temporary Liquor License and Consumption Permit as allowed by the Stillwater City Code and State Law. All Licenses must be approved and proof of Liquor Liability Insurance Coverage must be submitted to the City Clerk by September 17, 2021. This Agreement will set forth the terms and conditions that will control the dispensing of Liquor at the Event. The event will have alcohol sales Saturday and Sunday from 10:00 a.m. to 6:00 p.m. a. The Area. The area where dispensing of Liquor will be permitted in a contained area as advised by the Police Department. b. Fencing/Demarking of Venue. The Venue Area must be demarked by the Organization. The demarked area must be adequate to ensure that alcohol sales and consumption remain inside the venue area. A breach of the venue area is grounds for the Police Chief to terminate all alcohol sales in the area. c. Tents. The Fire Department shall inspect all large tents (beer garden, etc.) d. Security. For the purpose of this plan, the Organizer shall increase the paid private security and/or increase the Stillwater Police presence to ensure that the alcohol stays within the venue area. The Police Chief will determine the increase in the Stillwater Police Department presence. A paid professional security guard/police personnel must be in place to ensure that no beer or liquor enters or leaves the Area. e. Types. No Liquor is allowed in the Area except that Liquor which is sold by the Organization. The Organization is responsible to see that no other Liquor is brought in the Area. The Organization must not allow bottles, containers or coolers to be brought into the Area. Page 1 of 6 f. Signs. The entire venue MUST be posted with signs that state NO ALCOHOL BEYOND THIS POINT at regular intervals (50-75 feet apart); signs should be a minimum of 18 x 24 in. The number and content of which must be approved by the City Police Chief describing the regulations prohibiting Liquor outside of the Area, as well as prohibition against participants bringing their own Liquor into the Area and the requirement for identification bracelets must be worn to consume alcohol. Identification. The Organization will provide liquor identification bracelets. The Organization will permit no one to consume Liquor unless they are wearing an identification bracelet. The Organization will be responsible for the issuance of bracelets and that the bracelets are given only to those who are legally entitled to consume Liquor. h. Compliance. The Organization shall obtain a temporary liquor license for beer/wine tasting on Saturday, October 9 and also obtain an alcohol consumption permit for the same days with respective fees paid to the City. Prior to opening date of the Stillwater Harvest Fest, the Organization must develop a management policy or program regarding all aspects of alcohol compliance, including the problem of under -age consumer, sales after hours, over -serving and the recognition of false identification. The City Police Chief must approve the policy before implementation. The Organization must train all alcohol servers with regard to the policy, including instruction by a professional recognized in the area of alcohol awareness before the opening date of the Event. i. Inspection. The Organization acknowledges that as a liquor license holder for the Celebration, it is subject to Stillwater City Code §43-8, which authorizes that all premises from which intoxicating Liquor is offered at on -sale, are subject to inspection for alcohol compliance by any police officer, health officer, or other designated officer or employee of the City during all hours the Area is open for the serving of alcohol. Liquor Liability Insurance. The Organization agrees to provide the City an insurance certificate for Liquor Liability during the event by September 17, 2021. 4. Trail. The bicycle and pedestrian trail from Laurel Street to Myrtle Street must remain open to the public and unobstructed during the Event unless approved by City Staff. 5. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Security. Lessee shall confer with the Chief of Police as to the advisability of closing the Mulberry Street (Mulberry Point Circle) and shall hire any security personnel/police personnel the Stillwater Police Chief requires. Should the City have to hire outside agencies, the City will invoice the Organizer for any additional costs. g• j• Page 2 of 6 8. Use of Parking Lots. The organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. Is not allowed (any damage repair will be paid for by the organizer). The Event is given use of parking Lots 5, 9 and 10 and Mulberry Circle on Fri -Sun. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. The City prefers the Association to stage the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. Use of public parking lots will be approved only as an alternate or if sufficient space does not exist in the Park to accommodate all event activities. If in the opinion of the City, public parking lots will be needed, then the preferred lots for use would be Lots 5, 9,10 and 11. These lots will be available to the Association exclusively from Friday AM until Monday AM of the Event weekend. 9. Event Fees. The Organizer agrees to submit event fees as stipulated in the 2021 Fee Schedule payable to City by September 17, 2021. The Organizer shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system cannot be damaged by stakes or posts that are driven into the ground or by equipment and vehicles running over irrigation heads. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Public Works will provide irrigation locates in areas where tents will be staked on Friday, October 8, 2021. 11. City Costs. Organizer will prepay the City for the estimated costs of the City Police Department, Public Works Department, and Fire Department estimated as determined by the City Administrator for city services and materials, needed to safely conduct and maintain the Event or any supporting activities. The payment of estimated costs and costs incurred at the time of the billing (i.e., neighborhood meeting expenses and/or city equipment) shall be received by the City no later than September 17, 2021. Failure to make the payment will result in the cancellation of the Event. In the event of a cancellation of this Event after the deposit or fees are made, the City will be entitled to deduct actual out of pocket costs incurred in preparation for the Event, before returning the balance to Organizer. 12. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to provide portable toilets to augment the existing facilities, barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. Portable Toilets. The Organization must furnish at least 8 portable restrooms, with hand sanitizing to facilitate expected crowds. Additional portable restrooms must be provided by the Event Organizer if deemed necessary to protect public health as determined by the Public Works Department. Page 3 of 6 b. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer's intent on maintaining the City restrooms. c. Barricade Placement. i. The City will place notices of parking lot closures 24 hours before October 8, 2021 and place notices of no parking for all on -street parking requested in this agreement. ii. The Organizer shall place reflective standard barricades no later than 8:00 a.m. on October 8 at the parking lot entrances as designated by the Public Works Department. This will inform users of the parking lot closure for the Event. iii. To ensure traffic and pedestrian control the Association must place standard reflective barricades according to a plan approved by the Public Works Director, Police Chief or their designees. Barricades may be supplied by the Association, or by the City. Charges for the City supply of barricades are set forth in the current City Fee Schedule. The City may place additional traffic control barricades to protect public safety at City expense based upon a plan developed by the Public Works Director and Police Chief or their designees. The plan for placement of additional public safety traffic control barricades shall be shared with the Organizer by September 17, 2021. d. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. If possible, Organizer will provide recycling and organics containers for the Event. e. Electricity and Water. i. Each electrical box needed for the Event will be opened by the City on October 8, 2021. The Organizer shall be charged for the use of each electrical box according to the City fee schedule. ii. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. iii. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50.00 deposit for such key and will be reimbursed upon return of said key. Page 4 of 6 f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 13. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Public Health and Environment. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Public Health and Environment. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. c. The Organizer agrees to provide 2 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 14. Other Agencies. Organizer is responsible for obtaining all agreements and permits with outside agencies (e.g. MnDOT, MN State Patrol, Washington County, Washington County Sheriff, MN Department of Natural Resources, Lakeview EMS, and any other agencies requiring permits for the event) and must submit copies of permits to the City from other agencies by September 17, 2021. 15. Insurance, Hold Harmless, and Indemnity. The Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement, except for those claims, causes of action or demands that arise out of the sole negligence, gross negligence and/or willful misconduct of the City or any of its agents or employees. Organizer also agrees to provide to the City evidence of insurance coverage of at least the statutory liability limits for municipalities covering claims that might be brought against the Organizer that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear." Insurance Certificate must be received by the City no later than September 17, 2021. The insurance protection will have the following limits: a. $1,500,000 for any number of claims arising out of a single occurrence, and to name the city as an additional insured "as their interests may appear." b. Comprehensive Automobile Liability: i. Bodily Injury: $500,000 Each Person and $1,000,000 Each Occurrence ii. Property Damage: $100,000 Each Occurrence c. Worker's Compensation Coverage. Page 5 of 6 16. Event Application. The Event Application (not attached to Agreement) including revisions, correspondence, site plans and insurance for the Event as submitted by the Organizer is considered part of this Agreement. Any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 7th day of September 2021. SUMMER TUESDAYS, INC. Cory C. Buettner, President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of 2021, before me, a Notary Public within and for said County, appeared Cory Buettner to me personally known, who, being duly sworn, did say that he is the President of Summer Tuesdays, Inc. and that this instrument was signed as the free act and deed of the corporation. Notary Public CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this 7th day of September 2021, before me, a Notary Public within and for said County, appeared Ted Kozlowski and Beth Wolf, to me personally known, that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this instrument was signed and sealed on behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public Page 6 of 6 iilwater THE BIRTHPLACE OF MIMMESOTA EVENTS PERMIT APPLICATION 216 4th Street North, Stillwater, MN 55082 Telephone: 651-275-4101 Fax: 651-275-4112 Email: pubwrks@ci.stillwater.mn.us Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: 7/20/2021 Office Use Only Date Application Received Type: Event Special Event Event w/ Contract Event Information Title/Name of Event Stillwater Harvest Fest 10/08/2021 8:00am 10:00pm Event Date/Time: Set up: Date Time to Actual Event: Date 10/09 - 10/10/2021 Time 10:00am to 6:00pm Clean up: Date 10/11/2021 Time 7:00am to 12:00pm (Events after 10:00 p.m. require a variance from City Council) Location (Address) of Event: (If in Lowell Park please specify north or south Lowell park) North Lowell Park Descri ption of Event (please be specific - this information will be used to promote the event on the City of Stillwater website) Stillwater Harvest Fest is a free, family friendly event held in downtown Stillwater. Historically, one of the top 3 Giant Pumpkin Weigh -offs world-wide. Our mission is to provide families in the Stillwater area and guests from outside the area with family oriented fun and a great experience in Greater Stillwater Area. We host a Giant Pumpkin Weigh Off, Pumpkin Regatta, Live Music, Kids Activities, Beer Garden, Chili Cook -Off, Pie Eating Contest, Kids Costume Parade and more! Estimated Attendance (participants and spectators): 10,000-20,000 Applicant Information (Person/Group Responsible) Sponsoring Organization Name: Summer Tuesday, Inc. Mailing Address: 101 Water Street South City, State, Zip Code: Stillwater, MN 55082 Primary Contact/Applicant Name: Cassie McLemore or Cory Buettner Phone Number: 651-587-8970 Fax: Cell Phone: 651-587-8970 Email Address: cassiemclemore@gmail.com Website Address: www.harvestfeststillwater.com Name of contact person during event: Cassie McLemore Cell Phone: 651-587-8970 Alternate contact during event: Cory Buettner Cell Phone: 651-295-4725 Refer media or citizens inquires to: Cassie McLemore Phone: 651-587-8970 Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features 10. Anywhere from 18' Will any signs/banners be put up No ■ Yes © Number and size: x 3' and small 3 analler. Will there be any inflatables? No ■ Yes M Insurance certificate from rental vendor is required Live Music, Inflatables, Fees for electricity may Will there be entertainment? No ■ Yes © What type: Weigh -Off apply see Instructions PM (likely just 10AM-6PM) Will sound amplification be used? No ■ Yes © Hours and Type: Live Mu Music - several bands Up to a 40'x80' tent. likely smaller. Will a stage or tent(s) be set up? No • Yes f3 Dimensions: Will there be temporary fencing? No F3 Yes ■ How many up to 60 Fees for electricity may Will merchandise/food items be sold? No • Yes Mvendors expected: apply see Instructions Will food be prepared on site? No ■ Yes © Contact Washington County Health Department, 651-430-6655 Will cooking operations be conducted? No ■ Yes a Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No © Yes ■ See Alcohol Regulations in the Instructions Will alcohol be sold? No ■ Yes © See Alcohol Regulations in the Instructions Will there be a fireworks display? No F3 Yes l• Permit required, contact Stillwater Fire Department 651-351-4950 Describe power needs and location of power source. We will need all of the boxes on Lot 9, the amphitheater, and Lot 5. Power will be used for vendors, kids activities and music. Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available We will be sending out press releases, advertising on social media and possibly radio. City Services (After reviewing the event application, City services may be requried for the event.) Will event use, close or block any of the following: If yes specify location on site map. City Streets or Right-of-way No 0 Yes ■ Start/End Time: Date: City Sidewalks or Trails No © Yes ■ Start/End Time: Date: Public Parking Lots or Spaces No ■ Yes 0 Start/End Time: 8am-12:00pm Date:10/8-10/11/2021 Fees may apply Will event need barricade(s)? No ■ Yes 0 Number needed: up to 5 see Instructions Fees may apply Will extra picnic tables be needed? No 01 Yes ■ Number needed: see lnstructions Feesmayapply Will portable restrooms be needed? No ■ Yes 0 Number needed: 8 see Instructions Fees may apply Will extra trash receptacles be needed? No M Yes ■ Number needed: see Instructions Describe trash removal and cleanup plan during and after event: We have in the past, worked with Maroney's Sanitation for trash receptacles at Harvest Fest. We plan to do the same. Will event need traffic control? No © Yes • Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: We have never had an issue with crowd control before, however we do hire security staff to assist with safety issues that may arrise. Nothing is fenced, so we do not need emergency exits, etc. Being that this is a daytime, family oriented event, to date, we have not had any issues. Fees may apply see Instructions Will "No Parking Signs" be needed? No M Yes ■ Number needed: Show location(s)onsite map Will event need security? No ■ Yes 0 If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: We use Security Specialists Inc. Sam Ehlenz - 651-248-4013 Will event need EMS services? No ■ Yes M Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: We have first aid kits at our information booth. We have EMS services on standby during our Pumpkin Regatta, and in addition have two safety boats in the water. Describe the emergency action plan if severe weather should arise: We do watch the weather carefully the week ahead and during the event. If a severe weather event should happen, we would get on our stage and make announcements to clear people. We also would have our volunteers, police at the event and security team alert the public that we are clearing the park. The Water Street Inn is a shelter for our event in the event of severe weather. List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, 1 certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of Stillwater and is a release of Liability. 07/20/2021 Signature of Applicant or Authorized Agent Date Event Border imm Jersey Barricade Type 3 Barricade Beth Wolf From: Cassie McLemore <cassiemclemore@gmail.com> Sent: Thursday, September 2, 2021 9:03 PM To: Jason Grode Cc: Beth Wolf; corybuettner@gmail.com Subject: Re: Stillwater Harvest Fest Application [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and City Council, We respectfully request that the City of Stillwater waives our base event fees for Stillwater Harvest Fest. Our group, Summer Tuesday, Inc, is a nonprofit that supports other local nonprofits and we do so with proceeds from our events. Reducing costs allows us to run our events in a way that ensures we can continue the following year and stick to our mission/motto. The motto of STI. is "Here for Good." Here for Good has two meanings. The events are "here for good" with plans to keep the events running year after year. STI is "here for good" by partnering with a variety of nonprofits in Stillwater. We share a portion of our profits from our events with them. We have donated to Valley Outreach Foodshelf, Valley Friendship Club, United Way of Stillwater, Stillwater Kiwanis, Stillwater Lions, Salem Lutheran, Watermark Church, Youth Advantage, Community Thread, Zephyr Theater and more. Thank you for considering our request. Sincerely, Cassie McLemore Summer Tuesday, Inc a 501c3 nonprofit Sent from my iPhone 1 TO: FROM: DATE: SUBJECT: Stillwater Administration Mayor and City Council Members Tom McCarty, City Administrator September 3, 2021 Legal Services Agreements for Civil Legal Representation and Criminal Prosecution for 2022-2026 BACKGROUND The City of Stillwater entered into two separate Agreements for legal services for the term August 1, 2018 — December 31, 2021 with the firm of LeVander, Gillen & Miller, P.A. for the provision of civil legal representation and the firm of Kelly & Lemmons, P.A. for the provision of criminal prosecution and related services. These law firms have gained familiarity and comprehensive understanding of the city's operations legal services needs over the past three years and the City has been very satisfied with these firms' professional legal services. Both firms have proposed five year contracts for the continuing provision of legal services as currently provided for 2022- 2026. The proposed annual retainer costs for the legal services is reasonable over the five year timeline of the proposed agreements. City staff has evaluated the proposed five-year agreement from LeVander, Gillen & Miller, P.A. for the provision of civil legal services and the proposed five year agreement from Kelly & Lemmons, for the provision of criminal prosecution and related legal services and has determined that it would be advantageous for the City to retain these law firms for provision of legal services for the years 2022-2026. LeVander, Gillen & Miller, P.A. and Kelly & Lemmons, P.A. will provide stability and continuity of legal services over the five-year period. RECOMMENDATION Staff recommends adoption of the resolutions entitled, "Approving Legal Services Agreement Between the City of Stillwater and LeVander, Gillen & Miller, P.A." and "Approving the 2nd Amendment to Legal Services Agreement Between the City of Stillwater and Kelly & Lemmons, P.A." City of Stillwater Washington County, Minnesota RESOLUTION 2021-XXX RESOLUTION APPPROVING LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF STILLWATER AND LEVANDER, GILLEN & MILLER, P.A. WHEREAS, the City of Stillwater entered into an Agreement as amended once, for provision of civil legal representation with LeVander, Gillen & Miller, P.A. for the term of August 1, 2018 through December 31, 2021; and WHEREAS, the City of Stillwater wishes to retain LeVander, Gillen & Miller, P.A. as the law firm to provide civil legal representation for the City, and the City and LeVander, Gillen & Miller, P.A. mutually wish to enter into an agreement defining the scope of work and fee arrangements as included in the attached Legal Services Agreement for the period January 1, 2022 through December 31, 2026. NOW, THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves the Legal Services Agreement between the City of Stillwater and LeVander, Gillen & Miller, P.A. as attached to this resolution, for the period January 1, 2022 through December 31, 2026 and authorizes the Mayor and City Clerk to execute all necessary documents. Adopted by the Stillwater City Council this 17th day of August 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER LEGAL SERVICES AGREEMENT This Legal Services Agreement ("Agreement") is made this day of , 2021, by and between the City of Stillwater ("City"), a Minnesota municipal corporation, and LeVander, Gillen & Miller, P.A. ("LeVander"), a Minnesota professional association. RECITALS A. City has selected LeVander to serve as the law firm to provide Civil Legal Representation. B. City and LeVander desire to memorialize their understanding in this Agreement regarding the scope of work and fee arrangements for the Civil Legal Representation. I. DEFINITIONS A. "Civil Legal Representation" shall mean Retainer Services, Non -Retainer Services and Developer Pass -Through Services and shall include representation on all legal matters not involving Criminal Prosecution, unless specifically requested. B. "Retainer Services" means those services identified on Exhibit A, attached hereto. C. "Non -Retainer Services" means those services identified on Exhibit B, attached hereto. D. "Developer Pass -Through and Litigation Services" means those services identified on Exhibit C, attached hereto. II. SERVICES PROVIDED LeVander shall provide Civil Legal Representation on behalf of the City during the term of this Agreement. Korine Land will be the principal responsible attorney for all matters, assisted by Peter Mikhail. Any of the shareholders, associates, legal assistants or staff will also be available when requested. III. FILES AND RECORDS LeVander will keep complete files and records for all matters it handles for the City. An updated index of such files will be provided to the City upon request. Previous files no longer needed for current matters may be commercially archived or stored electronically. 1 IV. FEES, CHARGES AND BILLING LeVander will bill the City for the following services at the following rates: Retainer Fee $85,000/year Hourly Rate for All Attorneys for Non -Retainer Services $160 Hourly Rate for Paralegals for Non -Retainer Services $120 Hourly Rate for All Attorneys for Developer Pass -Through and Litigation Services $210 Hourly Rate for Paralegals for Developer Pass -Through and Litigation Services $135 Itemized Fees: • Photocopying: o $.20/page black/white o $.49/page color • Westlaw Legal Research: Actual Cost; not to exceed $300/month • Mileage Reimbursement: Applicable IRS approve rate (Mileage will not be charged to and from City Hall) • Recording fees, filing fees, title fees, out of pocket expenses: Actual Cost *Minimum increments of time billed for each service is .10 per hour V. TERM This Agreement shall commence on January 1, 2022 and shall terminate on December 31, 2026. This Agreement may be renewed or extended upon mutual agreement of the parties. Either party may terminate this Agreement upon sixty (60) days written notice. VI. INSURANCE LeVander shall maintain legal Malpractice/Liability insurance coverage. VI. MISCELLANEOUS A. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. C. This Agreement shall not be assignable. D. This Agreement may be modified or amended by mutual written agreement of the parties. 2 The following authorized representatives of the parties hereby execute this Agreement as of the date stated above: LEVANDER, GILLEN & MILLER, P.A. By: Korine L. Vice President 3 CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk 4 EXHIBIT A RETAINER SERVICES Except as specifically limited below, the services and qualifications that are required by the City for civil law services covered by a fixed retainer fee include, but are not limited to, the following areas: General: 1. Meetings and/or telephone conversations with and advising Mayor, Council Members, City Administrator, Department Managers and other staff on general legal matters. 2. Research and submission of legal opinions on municipal or other legal matters requested by City staff or City Administrator; availability to answer staff questions by telephone. 3. Legal consultation and general support for Mayor, Council Members, City Administrator, Department Managers and other staff on general legal matters. 4. Provide high level of customer service by responding in a prompt manner. 5. Provide one annual training for Council, and one annual training Boards and Commissions and staff on matters related to open meeting law, MN Data Practices Act, conflict of interest/ethics for government officials; additional trainings shall be included in Non - Retainer Services. Meetings: 6. Attend regular City Council meetings and advise the Mayor, Council Members and City Administrator on matters of parliamentary law and procedures of a general matter. 7. Attend such special City Council meetings as the Council or the City Administrator directs. 8. Attend such meetings of boards or commissions as the City Administrator directs. 9. Attend such other meetings, planning sessions, conferences and/or departmental meetings as requested by the City Administrator. 10. Attendance at any 36 meetings during a calendar year, as described under items #6-9 above, shall be included in the Retainer Services fee. Meetings attended in excess of 36 in any calendar year, shall be included in the Non -Retainer Services. Legal Documents: 11. Prepare such resolutions as the City Administrator or the City Council shall direct, except resolutions relating to the responsibility of the fiscal consultant or bond counsel. 12. Review municipal contracts, including contracts for public improvements, joint powers agreements, construction, purchase of equipment, and the like for content, form, legality and execution as requested. 13. Examine and advise regarding the legality of all proceedings and actions of the City Council and other boards or commissions. 14. Render written opinions on law when requested, including interpretation of statutes, ordinances, rules and regulations. A-1 15. Drafting and review of ordinances, ordinance amendments, resolutions, developer agreements and contracts, subdivision agreements and correspondence as requested. 16. Review bonds, deeds, securities and insurance requirements required by or for City contracts or activities. 17. Review data requests and related documents and advise staff regarding release and redactions of data. Public Improvements: 18. Examine all petitions for improvements for validity. 19. Assist the city engineer in preparing preliminary report as to legal costs, easement costs, assessment methods, and assessment area. 20. Assist staff with special assessment processes and procedures. 21. Prepare or review such routine legal notices for posting, publishing or mailing as required for the statutory assessment process. Zoning: 22. Provide legal advice to staff, City Administrator, Planning Commission and City Council regarding zoning code matters and planning applications. 23. Assist staff with developing and implementing code enforcement options. A-2 EXHIBIT B NON -RETAINER SERVICES The following are services that are not covered by the fixed retainer, and may be charged at the hourly Non -Retainer rate: Public Improvements: 1. Represent the City in the acquisition of properties for public improvements, easements, parks and the like as needed. 2. Perform all legal work in connection with financing, not usually performed by the fiscal consultant or bond counsel. 3. Receive and evaluate all assessment appeals and defend cases in District Court or recommend amendments to assessment if warranted. 4. Handle all legal matters under construction contracts but not including litigation. Real Estate Sale and Acquisition: 5. Review acquisition of real property by City, evaluate any special legal or cost problems, develop acquisition timetables, make preliminary cost estimates and obtain or proper legal descriptions. 6. Obtain and review title work and commitments as needed; prepare documents necessary for land purchases and/or sales. 7. Represent the City in condemnation proceedings for public improvement projects, etc. 8. Initiate annexation proceedings at the direction of the City and follow through with all necessary documentation and presentation to the State Boundary Adjustments Division. Economic Development: 9. Prepare documents to establish an Economic Development Authority. 10. Represent the City and Economic Development Authority on City or EDA-initiated economic development related issues wherein a developer has not provided an escrow, including preparation of development agreements, review of tax increment and tax abatement documents, and acquisition or sale of real property. Claims Against the City: 11. Where no insurance coverage is provided, make appropriate evaluation of claims for legality, investigate facts, and make recommendations to the City Council. 12. Assist in resolving claims not resulting in litigation. B-1 Claims By the City: 13. Attempt collection of all proper claims up to but not including litigation. Intergovernmental Relations and Disputes: 14. Provide such services as requested by the City regarding contractual dealings with Federal, State, County, Township, Municipal, and Special Districts by the City, including Joint Powers Act Public Improvements. 15. Handle disputes between the City and other governmental units. B-2 EXHIBIT C DEVELOPER PASS -THROUGH AND LITIGATION SERVICES The following are services that are not covered by the Retainer Services or the Non -Retainer Services, but due to the specific expertise and knowledge shall be charged at the Developer Pass - Through and Litigation Services rate: 1. Projects that involve a developer or other party, such as an EDA, planning or zoning land use applicant who specifically needs or requests the City's legal services on a project and the City's or EDA's interest is served in providing those legal services, including but not limited to development agreements, project analysis, financial analysis and planning applications. These projects typically involve an escrow that is provided by the developer or applicant prior to the initiation of work and the costs of legal services are passed -through to the developer and recovered from the escrow. 2. Defend or represent the City in litigation in any court of competent jurisdiction where no insurance coverage is available. This includes but is not limited to: (1) human rights claims; (2) condemnation; (3) zoning and land use regulation matters; (4) permits and administrative actions; (5) administrative citations; (6) code enforcement issues; (7) labor and employment matters; (8) collections; and (9) contracts disputes. C-1 City of Stillwater Washington County, Minnesota RESOLUTION 2021-XXX RESOLUTION APPPROVING 2ND AMENDMENT TO LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF STILLWATER AND KELLY & LEMMONS, P.A. WHEREAS, the City of Stillwater entered into an Agreement for provision of criminal prosecution and related legal services with Kelly & Lemmons, P.A. as amended once for the term of August 1, 2018 through December 31, 2021; and WHEREAS, the City and Kelly & Lemmons, P.A. mutually wish to amend the 2018 Agreement as amended once, to continue the provision of criminal prosecution and related legal services through December 31, 2026 with reimbursement rates as shown in the attached 2nd Amendment. NOW, THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves the 2nd Amendment to the Legal Services Agreement between the City of Stillwater and Kelly & Lemmons, P.A. to extend the legal services agreement through December 31, 2026 as shown in the attached 2nd Amendment and authorizes the Mayor and City Clerk to execute all necessary documents. Adopted by the Stillwater City Council this 17th day of August 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF STILLWATER AND KELLY & LEMMONS, P.A. Reference is made to the 2018 Agreement for Legal Services (the "2018 Agreement") between the City of Stillwater (the "City") and Kelly & Lemmons, P.A. ("Kelly & Lemmons"). WHEREAS, the 2018 Agreement was amended to have a termination date of December 31, 2021 ("First Amendment"). WHEREAS, City and Kelly & Lemmons mutually wish to amend the 2018 Agreement to be in line with budgeting and other contracts; NOW, THEREORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Agreement is hereby modified to include terms outlined in this addendum as follows: IT IS AGREED that the termination date, as referenced in Paragraph 2.C. of the 2018 Agreement, shall be amended to December 31, 2026. IT IS FURTHER AGREED that the payment amount as reference in paragraph 3.A. of the 2018 Agreement shall be amended as follows: • For January 1, 2022 through December 31, 2022 an amount not to exceed $8,416.67 per month; • For January 1, 2023 through December 31, 2023 an amount not to exceed $8,500.84 per month; • For January 1, 2024 through December 31, 2024 an amount not to exceed $8,585.85 per month; • For January 1, 2025 through December 31, 2025 an amount not to exceed $8,671.71 per month; • For January 1, 2026 through December 31, 2026 an amount not to exceed $8,758.42 per month; IT IS FURTHER AGREED that the payment amount as reference in paragraph 3.B. of the 2018 Agreement shall be amended as follows: • For January 1, 2022 through December 31, 2022 an hourly rate of $101.00 per hour; • For January 1, 2023 through December 31, 2023 an hourly rate of $102.00 per hour; For January 1, 2024 through December 31, 2024 an hourly rate of $103.00 per hour; per month; • For January 1, 2025 through December 31, 2025 an hourly rate of $104.00 per hour; • For January 1, 2026 through December 31, 2026 an hourly rate of $105.00 per hour; 1 IT IS FURTHER AND FINALLY AGREED that all of the other terms and conditions of the 2018 Agreement are hereby ratified and remain in full force and effect. Dated: Dated: , 2021. CITY OF STILLWATER BY: AND Ted Kozlowski, Mayor Beth Wolf , City Clerk , 2021. KELLY & LEMMONS, P.A. BY: 2 Joseph A. Kelly, President RAMSEY/WASHINGTON RECYCLING & ENERGY CONNECTING VALUE TO WASTE August 9, 2021 FYI RE: Official Notice of 2022 Tipping Fee TO: Solid Waste Haulers and Transfer Stations Licensed in Ramsey and/or Washington Counties CC: Recycling Coordinators in Ramsey and Washington Counties The Ramsey/Washington Recycling & Energy Center (R&E Center) tipping fee for acceptable waste will be $87.00 per ton in 2022. Ramsey and Washington counties jointly own and operate the R&E Center, which processes trash to recover resources instead of putting it into landfills. By processing waste, thousands of tons of metal are recycled, and waste is turned into a fuel that Xcel Energy uses to generate renewable energy for thousands of homes per year. Plans are underway at the R&E Center to recover food scraps and additional recyclables from the waste stream. Processing waste at the R&E Center not only significantly reduces greenhouse gas emissions by avoiding landfills, but the R&E Center also adds jobs and value to the East Metro economy. An average household produces about one ton of trash per year, so the 2022 tipping fee (increased by $3 per ton over 2021) will increase the cost of trash collection in the average household by about $0.25 per month. Tipping fees typically account for about 1/3 of a trash bill. The rest of the bill is related to other costs of running your business, such as for transportation, insurance and labor, increases in which you may also be passing on to your customers. We appreciate your continued support. For Ramsey County questions, contact Joe Wozniak at joe.wozniak@co.ramsey.mn.us or 651-266-1187. For Washington County questions, contact Rob Murray at rob.murray@co.washington.mn.us or 651- 430-6682. Sincerely, .//7`T✓ltr),(- we-d-41 Nikki Stewart and Michael Reed Ramsey/Washington Recycling & Energy 100 Red Rock Rd I Newport, MN 55055 1651-768-6670 I info@recyclingandenergy.com I recyclingandenergy.com rabhmeat ritp of tiIEthater, ftlinno5ota J aacP,crmatian. CONSTITUTION WEEK WHEREAS, September 17, 2021, marks the two hundred thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitution Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through September 23 as Constitution Week; NOW, THEREFORE, 1, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater in the State of Minnesota, do hereby proclaim the week of September 17 through September 23 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Stillwater, Minnesota, to be affixed this day 17th of September, two thousand twenty one. .vlayor Washington County 1. 9:00 Roll Call Pledge of Allegiance BOARD AGENDA September 7, 2021 - 9:00 AM 2. 9:00 Comments from the Public 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 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 August 24, 2021, County Board meeting minutes. B. Approval to appoint Victoria Dupre, Marine on St. Croix, to a partial first term as Manager on the Carnelian - Marine - St. Croix Watershed District, expiring June 21, 2023. C. Approval to appoint David Bakke, Scandia to a partial first term as Manager on the Comfort Lake - Forest Lake Watershed District, expiring September 23, 2024. D. Appoint Commissioner Wayne Johnson as alternate for the Metro Alliance for Healthy Families. E. Approval of 2.0 FTE intermittent Social Worker positions for the Crisis Response Unit that will be hired as several part-time intermittent employees. F. Approval to apply for the Minnesota Pathways to Prosperity Grant for State Fiscal Years 2022 and 2023, administered by the Minnesota Department of Employment and Economic Development, as authorized in the Laws of Minnesota 2017, Chapter 94, Sec. 2 Subd. 3(e). G. 1. Adopt a resolution to authorize Washington County to accept grant funds from the Minnesota Department of Veterans Affairs in the amount of $17,500 for the period of July 1, 2021, through June 30, 2022. 2. Approve a grant agreement between the Minnesota Department of Veterans Affairs and Washington County in the amount of $17,500 for the period of July 1, 2021, through June 30, 2022. 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 H. Approval to change Personnel Rules and Regulations, Section #22, Work Schedules. I. Approve revisions to Human Resources Policy #5504 Appearance and Grooming Policy J. Adopt a resolution setting aside twenty percent of the net proceeds from the tax forfeited land sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. K. Approval of one full-time equivalent (1.0 FTE) Public Health Senior Program Manager and one intermittent (0.35 FTE) Community Nutrition Specialist position in the Department of Public Health and Environment. L. Approval of Cooperative Agreement No. 14076 with the South Washington Watershed District for reimbursement of grazing services in Cottage Grove Ravine Regional Park. M. Adopt a resolution supporting the signed grant agreement between the Federal Emergency Management Agency (FEMA) and Washington County for the period of July 2021, through October 2022, for the purchase and installation of a tornado siren at Big Marine Park Reserve in the amount of $18,062.25. N. Adopt a resolution and approve Agreement No. 14266 between the Washington County Sheriffs Office and the City of Landfall Village, Minnesota, to provide law enforcement services to the city. 4. 9:10 Public Health and Environment - Jill Timm, Public Health Program Manager Sr. A. Approve Grant Agreement No. 14214 with the Minnesota Department of Human Services in the amount of $275,000. 5. 9:20 Public Works - Wayne Sandberg, Deputy Director/County Engineer A. Award bid and authorize execution of Contract No. 14297 in the amount of $141,740.71 with OMG Midwest Inc. dba Minnesota Paving and Materials, for roadway rehabilitation of County Road 66 (Greeley Street) in the City of Stillwater. 6. 9:30 Sheriff's Office - Kelli Matzek, Emergency Management Deputy Director A. Adopt a resolution recognizing September 2021 as National Preparedness Month in Washington County. 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 7. 9:40 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution acknowledging the City of Birchwood Village on its 100th anniversary. 8. 9:50 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. 9. 10:05 Board Correspondence 10. 10:05 Adjourn 11. 10:10 Board Workshops with Administration 10:10-10:55 A. Discuss proposed 2022 budget and review draft Mandates & Core Functions report. 11:00-11:30 B. Review redistricting requirements, timeline and 2020 census data. 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 1. 9:00 Ro11 Call Pledge of Allegiance BOARD AGENDA August 24, 2021 - 9:00 AM 2. 9:00 Comments from the Public 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 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 Ca11 Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the August 3, 2021, and August 10, 2021, County Board meeting minutes. B. Adopt a resolution and approve Grant Agreement No. 14270 between the Minnesota Housing Finance Agency and Washington County, in the amount of $502,300 to prevent or mitigate homelessness, for the period October 1, 2021, through September 30, 2023. C. Approve Amendment No. 2 for Contract No. 13658 with GSI Inc. for a total contract amount of $459,920. D. Approve Amendment No. 2 for Contract No. 13256 with Impact Group Consulting Services in the amount of $126,860. E. Adopt a resolution to approve an application for an Exempt Permit of Minnesota Lawful Gambling received from Carpenter St. Croix Valley Nature Center to conduct a raffle in Denmark Township on September 12, 2021. F. Approval of an application for a 1-4 day temporary liquor license from Hesley Jensen American Legion Post #491 for an event to take place at the Washington County Fairgrounds on September 18, 2021. G. 1. Adopt a resolution to acquire 2220 Boom Road in Stillwater, as part of the County State Aid Highway (CSAH) 11 Road Improvement Project. 2. Approve the request for Temporary Use of Fund Balance in an amount not to exceed $400,000. H. Adopt a resolution to transfer storm water pond and drainage & utility easements to the City of Cottage Grove. 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 I. Adopt a resolution to Agreement No. 14225 between the United States Marshals Service (USMS) and the Washington County Jail to house Federal detainees. J. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a donation of $6,880 from the Marathon Petroleum Company. K. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a donation in the amount of $33,700 from the Marathon Petroleum Company. 4. 9:10 General Administration - Kevin Corbid, County Administrator A. Presentation of Commissioner Award to the South Washington Watershed District in recognition of their vision and partnership on the completion of Overflow Project at Cottage Grove Ravine Park. 9:20 B. Adopt a resolution accepting American Rescue Plan Act funds and adoption of county project plan. 5. 9:40 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. 9:55 Board Correspondence 7. 9:55 Adjourn 8. 10:00 2022 Recommended Budget Workshops 10:00-10:30 A. Review the 2022 recommended budget for the Library and Law Library. 10:30-11:00 B. Review the 2022 recommended budget for the Property Records and Taxpayer Services Department. 9. 11:00-11:15 Break 10. 11:15-11:45 Board Workshop with Administration A. Review economic development tax abatement authority and application. 11. 11:50 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 Washington - — County BOARD WORKSHOPS August 17, 2021 - 9:00 AM 1. 9:00 2022 Recommended Budget Workshops 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 9:00-9:45 A. Review the recommended 2022 budget for the Washington County Community Development Agency. 9:45-10:30 B. Review the recommended 2022 budget for the Public Works Depatlrtient. 10:30-11:00 C. Review the recommended 2022 budget for the Washington County Regional Railroad Authority (WCRRA) and GOLD Line. 2. 11:00-11:15 Break 3. 11:15 Board Workshop with Community Services 11:15-11:45 A. Update on the Washington County Child Protection Citizen Review Panel. * Please note: No official county business or votes will take place during Workshop Only meetings. 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