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Home My WebLink About2021-09-21 CC Agenda Packet_! Zoom Meeting Participant ID: 269200 0 Gov In Vint,. Participants (7) Stillwater Stillwater Click to join audio n Join Audio Start Video Beth Wolf Tim Gladhill, CD... Ari Parritz Tim Gladhill, CD Director Abbi Jo Wittman Larry Odebrecht Larry Odebrecht Security •• 7 ,, P=rticc.ants 0 Record Reactions Ari Parritz Leave a 0 0 0 0 Beth... (Co -host, me, participant ID: 269200) Stillwater (Host) Stillwater AV Ari Parritz Abbi Jo Wittman Larry Odebrecht Tim Gladhill, CD Director Invite 0 oi Z 0 0 0 0 fO Type here to search 0 of le FM P 3 r4, 9 M ^ 4 7:06 PM • • -• A• ...-• • • • .1* .4. •t•Ltk • pat • dr. 4t ? te • )- • are 440= --frRe711 -.• - • 1. ,•• 754 4‘,.14-1*,•• f•• 2. • - ' . e' I. , . , -- . • • ..... ..:1' ..j; . ..' I f - t. ;•• • ' -• • liwater THE BIRTHPLACE OF MINNESOTA Assessment Hearing Neal Ave. Improvement Project- Phase 2 September 17, 2021 NEAL AVE. RECONSTRUCTION PROJECT PHASING 111 Silit.OPLACt iF M01h111T+ RD, otio1013° Both gT VASE 4. 17.0 UVE ST. PI E ST Project Schedule ❖ Neighborhood Meeting ❖ Feasibility Study Approval ❖ Public Hearing ❖ Approve Plans/Authorize Bid Bid Opining Accept Bids/Award Contract ❖ Construction Phase 1 ❖ Cost Declaration ❖ Final Assessment Hearing Phase 1 ❖ Construction Phase 2 ❖ Final Assessment Hearing Phase 2 August 2019 November 19,201 December 17, 20 March 3, 2020 May 1, 2020 May 19, 2020 June -October, 2020 September 1, 2020 September 29, 2020 May -August, 2021 September 17, 2021 Project Update ❖ 32 properties on the project ❖ 19 properties on phase 1 ❖ 13 properties on phase 2 • As of 9/17/2021 phase 1 is complete, and phase 2 is substantially complete other than second layer of pavement, and Striping. ‘1 Type Construction Engineering/Admin. Total Project Costs Costs Project Costs Amount Costs $1,362,877.44 $ 408,800 Costs $1,771,677.44ill Appraised Properties Property Address 7959 Neal Av. 8075 Neal Ave. 8321 Neal Ave. Type of Work Reconstruction Reconstruction Reconstruction Appraised Benefit $30,000 $10,000 $10,000 Preliminary and Proposed Final Unit Assessment Comparison Location Et Type Jima Boutwell Rd to Eagle ridge Trail Reconstruct Utility Services Utility Main Line Preliminary Assessment Am- $9, 500/ unit $4,049/ unit $12,853/unit Calculated Assessment I $8,756/unit $4,028.64/unit $13,733.35/unit Final Assessment $8,756/unit $4,028.64/unit $13,733.35/unit • The final calculated assessment amount is lower than the appraised benefit to the property. • Utility mains and services are assessed 100% to property owners. • No objections were received. Assessment Method ❖ Unit method is used for all residential properties. ❖ Residential corner lots are assessed 0.5 units per side improved iii Cost Apportionment Source Special Assessments City Funds Project Total i• Amount $ 402,517.00 $1,369,160.44 $1,771,677.44 Payment Information Phase 2 1..1 Pay partial or whole amount by November l5th, 2021 ❖ Balance as of November 15th, 2021 added to tax statement at 2.75% interest rate ❖ Payment term: 10 years for assessments less than $10,000, and 15 years for assessments more than $12,000. IIMMI $5,000 Assessment- 2.75% simple interest, 10-year term Year 1 126 10 Principal Interest $5000.00 $137.50 $4500.00 $123.75 $2500.00 $68.75 $500.00 $13.75 Total $637.50 $623.75 $568.75 11 $513.75 BEFORE CONSTRUCTION AFTER CONSTRUCTION BEFORE CONSTRUCTION 6, AFTER CONSTRUCTION IF • Recommendations ❖ Conduct Public Hearing on the proposed assessments. ••• Adopt final assessment roll for phase 2 of the Neal Ave. Improvement Project. 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 REVISED AGENDA CITY COUNCIL MEETING September 21, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificates of Appreciation – Beyond the Yellow Ribbon Program Projects 2. Proclamation – United Way 3. Superintendent Lansfeldt, Stillwater Schools 2021 Levy Referendum 4. Acceptance of Donation for Conversion of Lumberjack Landing Building – Resolution V. 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. VI. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator – Covid Update VII. 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. September 7, 2021 regular and recessed meeting minutes 14. Payment of Bills 15. Background Checks Ordinance Amendment – Ordinance 2nd Reading 16. CPC Case 2021-30 Zoning Text Amendment for Creation of a Neighborhood Commercial Zoning District – Ordinance 2nd Reading 17. CPC Case 2021-47 Zoning Text Amendment to allow an Emergency Medical Services Garage to be located in the BP-I zoning district – Ordinance 2nd Reading 18. Fire Code Ordinance Amendment – Ordinance 2nd Reading 19. Flexible Work Arrangement Policy Update 20. Health & Dental Group Insurance for 2022 – Resolution 21. Nuisance Ordinance – Ordinance 2nd Reading 22. OSHA and Safety Training Agreement with SafeAssure – Resolution 23. Purchase Request of Ceiling Microphones for Conference Room 213 24. Sanitary Sewer Adjustments 25. Temporary Liquor License for Valley Chamber Chorale 26. Temporary Liquor License for Washington County Courthouse Page 2 of 2 City Council Meeting Agenda September 21, 2021 27. Washington County Recycling Grant Incentive Funding Agreement 28. Appointing 2021 General Election Judges – Resolution 29. Amending 2021 Fee Schedule – Resolution VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 30. CPC Case 2020-60 on the proposed establishment of Tax Increment Financing (TIF) District 14 within Development District No. 1 and the proposed adoption of a TIF Plan for 200 Chestnut Street. Notice was published in the Stillwater Gazette on September 10, 2021 – Resolution 31. Project 2019-08 Assessment Hearing for the Neal Avenue Improvement Phase 2 Project. Notice was published in the Stillwater Gazette and mailed to affected property owners on September 3, 2021 – Resolution IX. UNFINISHED BUSINESS 32. CPC Case 2021-16 Right of Entry Approval for Lot 4 Block 11 Sabin’s Addition to Stillwater X. NEW BUSINESS 33. Sale of General Obligation Bonds, Series 2021A – Resolution 34. 2022 Preliminary Budget Review a. Adopting the proposed tax levy for the payable year 2022 – Resolution b. Adopting the proposed budget for the year 2022 – Resolution c. Setting the Truth in Taxation meeting date – Resolution 35. Consider Offer to Purchase MnDOT Property at 14100 60th St N (TH36/Greeley) 36. Potential Fence Violation at 602 Churchill St W 37. Potential Home Occupation Violation at 922 William St N 38. United Way City Campaign - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 276.45 Absolute Exhibits Inc Face masks 930.00 Action Rental Inc. Concrete and mixing trailer 250.00 Advance Auto Parts Supplies 692.88 Advanced Graphix Inc. Vehicle decal 10.00 Advanced Sportswear Uniforms 4,667.49 AdvantageHealth Corp Biometrics 1,170.00 All Goals Inc Supplies 31.00 AMI Consulting Engineers PA Riverbank Stabilization 2,253.75 Aspen Mills Uniforms - Knodle 141.35 AutoNation Vehicle repair 76.12 BCA Training Training 75.00 BlueCross BlueShield of MN Inc. Retiree Health Insurance 13,175.00 Bolton & Menk Inc. Lift station improvements 4,621.00 Boyd Crystal Conference Presentation 100.00 Buberl Black Dirt Inc. Black dirt 45.00 Burgess Teresa Conference Presentation 100.00 Butterfield Frank Conference Presentation 100.00 Canteen Refreshment Services Concession supplies 519.19 Cintas Corporation Uniforms & mats 839.74 Coca-Cola Distribution Beverages for concessions 441.77 Comcast Internet 120.30 Dalco Janitorial Supplies 487.61 DVS Renewal License 2018 Chevy Traverse Unmarked 19.25 ECM Publishers Publications 497.10 Emergency Automotive Marked Patrol Vehicles 8,049.05 Emergency Medical Products Gauze 70.28 Enterprise FM Trust Lease vehicles 11,254.26 Ferriss Lori Conference Presentation 100.00 Field Training Solutions FTO basic course 590.00 Gage Riley Conference Presentation 100.00 Gales Elizabeth Conference Presentation 100.00 Goodyear Commercial Tire Tires 1,253.24 Gopher State One Call Inc. Locates 612.90 Grainger Supplies 386.94 Granke Heidi Conference Presentation 200.00 Graves Donna Conference Presentation 100.00 Guardian Supply Uniforms 547.26 Hamond Steve Safety zone buoys for fireworks 360.00 Hartnett Chris Conference Presentation 100.00 Hawkins Inc Water chemicals 5,141.14 Heneghan Natalie Conference Presentation 200.00 Howard Barbara A.M.Conference Presentation 100.00 Ice Sports Industry Skater membership 960.00 Jackson W. Franky Conference Presentation 100.00 Jefferson Fire and Safety Inc. Belts 94.88 Kelly Leesa Conference Presentation 100.00 Ketz Anne Conference Presentation 100.00 Kwik Trip Inc Fuel 80.03 Page 2 Ladwig Jammi Conference Presentation 100.00 LaForce Inc Vestibule 23,195.00 Lano Equipment Equipment repair supplies 310.14 Lawson Products Supplies 538.04 League of MN Cities Membership 17,472.00 League of MN Cities Ins Tr Insurance 162,662.00 Leggs Brent Conference Presentation 4,500.00 Lepage Adriane Park Fee Refund 50.00 Leppink Laura Conference Presentation 100.00 Less Lethal Training projectiles 298.00 Lexipol LLC Law enforcement policy & training solutions 27,032.30 Lindstrom Solar LLC Solar Energy 7,950.64 Loffler Companies IT professional services 787.48 Lone Oak Companies Inc Utility Bill Certification Processing 470.25 Lorenz Maggie Conference Presentation 100.00 Madden Galanter Hansen LLP Labor Relations Services 72.00 Mansfield Oil Company Fuel 5,399.90 Martin Teresa Conference Presentation 100.00 Melin Court & Carrie Utility Refund 416.25 Menards Supplies 2,401.63 Merriman Ann Conference Presentation 100.00 Metropolitan Council Environmental Wastewater Charge 169,535.87 MHSRC/Range Training 1,655.00 Miller Excavating Park area drinking fountain 5,106.59 Minnesota Mayors Association Membership 30.00 Minnesota Occupational Health Alcohol & drug test 549.20 MN Dept of Labor and Industry License renewal 50.00 MN Dept of Transportation Concrete plant inspections 166.41 NAPA Auto Parts Equipment repair supplies 21.85 National Alliance of Preservation Commissions Conference Presentation 5,450.00 Nelson Chris Conference Presentation 100.00 Northern Tool Tools and supplies 313.99 Office Depot Office supplies 70.58 Olson Christopher Conference Presentation 100.00 OnSite Sanitation Lift & Loop Toilets 1,858.00 Per Mar Security Services Quarterly Monitoring Service 84.00 Pioneer Rim and Wheel Co. Equipment repair supplies 208.80 Preservation Alliance of MN Conference presentation 2,900.00 Pro-Tec Design IT professional services 1,098.80 Quill Corporation Office supplies 238.65 R&R Specialties Inc. Equipment repair supplies 1,628.85 Right-Way Caulking Joint sealant/water repellant 47,920.00 Roise Charlene Conference Presentation 100.00 Roof Tech Roof sealant 312.20 Safe Assure Consultants Safety training 6,017.58 Safe Fast Inc Marking paint & flags 441.74 Simplifile LC Filing fee 50.25 Springbrook Software Upgrade and Water Import 3,441.00 St. Croix Boat and Packet Co. Dock Space Lease 2,666.67 Stillwater Collision and Mechanical Vehicle repair 2,117.55 Stillwater Motor Company Service 190.52 Page 3 Stillwater Towing Towing service 150.00 SW/WC Service Cooperatives Retiree Health Insurance 27,406.97 Swank Heidi Conference Presentation 100.00 T.A. Schifsky and Sons Asphalt 1,809.00 The Alternator & Starter Store Starter parts 470.00 Thomson Reuters Information Charges 158.12 TKDA Signal System Revisions EVP 899.33 Toll Gas and Welding Supply Cylinders 48.11 Tree Trust Timber staircase at City Hall 11,626.52 Tri-State Bobcat Equipment repair supplies 148.52 US Bank Paying agent fees 2,000.00 Valley Trophy Inc. Name plates 163.65 Van Thomme Joe Conference Presentation 100.00 Vang Kong Refund of overpayment of parking 3.00 Visu-Sewer Inc. Manhole grouting 3,575.00 Young Dan Reimburse for expenses 344.72 Zahn Tom Conference Presentation 100.00 Zee Medical Service First aid supplies 220.70 Zschomler Kristen Conference Presentation 100.00 ADDENDUM AT&T Wireless Wireless Service 83.50 Cintas Mats 245.19 Comcast Internet 134.90 Forest Lake Trailer Trailer 6,743.50 Group Medicare Blue Rx Retiree Insurance 8,788.00 Minnesota Paving & Materials 2021 Street Project 257,487.07 Stillwater Sunrise Rotary Club Return of Deposit 1,000.00 Xcel Energy Energy 22,417.54 LIBRARY Ace Hardware Custodial Supplies 9.95 Amazon Business Supplies 446.26 Carpenter St. Croix Valley Nature Center Programs 162.32 Faurot Kimberly Staff Reimbursement 136.07 Jacobsen Aurora Staff Reimbursement 108.35 Madden Galanter Hansen LLP Legal Services 200.55 Menards Custodial Supplies 46.93 MN Dept of Labor and Industry Boiler Registration 10.00 Office of MN IT Services Phone - August 148.35 Serendipity Art & Design Programs 250.00 Star Tribune Materials 583.34 AUGUST MANUALS Lone Oak Companies Inc UB Postage 2,569.93 Xcel Energy Energy 81,092.19 Page 4 AUGUST CREDIT CARDS 4Imprint Uniform shirts 201.10 Abrahamson Nurseries Mulch - Tropical Wings Grant 81.85 AICPA Membership 295.00 Amazon.com Supplies 660.84 AMEM Membership 100.00 ASP Inc Training - Frank 300.00 Backgroundchecks.com Back ground checks 642.55 Chattervox Voice Amplification System 570.00 Dream Host Website hosting 37.44 Ebay Power supply for Crestron unit 17.52 Government Finance Off Assoc. Membership 190.00 HHS Tire Tire pressure sensors 31.50 Jiu Jitsu Five-O Training - Frank 300.00 JotForm Website Form Tool 234.00 MN State Fire Chiefs Assn Conference Registration 300.00 New Horizons MN SharePoint Online Power User class 595.00 Stillwater Post Office Shipping for Testing 11.05 Storm Training Course registration - Crist & McBroom 1,677.90 Target Refreshments for landscaping volunteers 20.83 US Postal Service Change of address for Board of Water 1.05 TOTAL 1,009,174.92 Adopted by the Stillwater City Council this 21st day of September, 2021 Mayor Ted Kozlowski RESOLUTION 2021‐ APPOINTING ELECTION JUDGES AND FIXING COMPENSATION FOR THE 2021 GENERAL ELECTION WHEREAS, the City Clerk recommends elections judges to be appointed for the upcoming General Election on November 2, 2021; and WHEREAS, the City Council makes the appointments at least 25 days before an election day. BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the following individuals specified on Exhibit A attached hereto, each of whom is qualified to serve as an election judge, are hereby appointed as judges for the General Election on November 2, 2021 at the Stillwater Polling locations. BE IT FURTHER RESOLVED, by the City Council of Stillwater as follows: 1. Any individuals not specified on Exhibit A to be placed as a replacement or as additional election judges needed up to and including the day of the election shall be appointed by the City Clerk at that time. 2. That the compensation to be paid to the regular Election Judge is hereby fixed at $10.50 per hour; and the compensation for the Head Judges is hereby fixed at $13 per hour and that the City will provide food (snack and dinner) to judges as part of their compensation. 3. The election judges shall act as clerks of election, count the ballots cast and submit the results to the county and municipality for canvass in the manner provided for in State General elections. 4. That the following staff members are designated election officials to assist the City Clerk in the 2021 General Election administration for the City of Stillwater: Nancy Manos, Dawn Thoren, Jesse Pereboom, Karie Weldon, Brad Junker, Alex England, Sarah Erenberg, and Jenna Schmid. Adopted by the Stillwater City Council this 21st day of September, 2021. ____________________________________ Ted Kozlowski, Mayor ATTEST: __________________________________ Beth Wolf, City Clerk EXHIBIT A First Name Last Name City Judge Type 1 Jeffrey Anderson Stillwater Regular Election Judge 2 Monica Bartkey Stillwater Regular Election Judge 3 Kevin Berndt Stillwater Regular Election Judge 4 Andre Bessette Stillwater Regular Election Judge 5 Laura Brandt Stillwater Regular Election Judge 6 Kari Branjord Stillwater Regular Election Judge 7 Rebecca Bush Stillwater Regular Election Judge 8 Tammy Bydlon Stillwater Regular Election Judge 9 Kate Carlson Stillwater Head Judge 10 Rachael Cooper Stillwater Regular Election Judge 11 Lizabeth Dawson Stillwater Regular Election Judge 12 David Dittbenner Stillwater Regular Election Judge 13 Karen Dufty Stillwater Regular Election Judge 14 Jan Edstrom Bayport Regular Election Judge 15 Tricia Fischer Stillwater Regular Election Judge 16 Linda Francis Stillwater Regular Election Judge 17 Mary Glennon Stillwater Regular Election Judge 18 Nora Hahn Stillwater Regular Election Judge 19 Winona Havir Stillwater Head Judge 20 Paula Hemer Stillwater Regular Election Judge 21 Chris Hilgers Stillwater Regular Election Judge 22 Mary Holmberg Stillwater Head Judge 23 Julia James Stillwater Regular Election Judge 24 Paul Johnson Stillwater Regular Election Judge 25 Sarah Keller Stillwater Regular Election Judge 26 Sirid Kellermann Stillwater Regular Election Judge 27 Paul Kirkwold Stillwater Regular Election Judge 28 Heidi Koehnle Stillwater Head Judge 29 Rod Landers Stillwater Regular Election Judge 30 Megan Lehmann Stillwater Regular Election Judge 31 Coni Beisker Leonard Stillwater Head Judge 32 Laura Lewis Stillwater Regular Election Judge 33 Sheila Maybanks Stillwater Regular Election Judge 34 Janice Merten Stillwater Regular Election Judge 35 Mary Meyenburg Stillwater Regular Election Judge 36 Sheryl Meyer Stillwater Head Judge 37 Roberta Miller Stillwater Regular Election Judge 38 Melana Morgan Stillwater Regular Election Judge 39 Betty Nelson Stillwater Head Judge 40 Bridget Nelson Stillwater Regular Election Judge 41 Katie Ness Stillwater Regular Election Judge 42 Lisa Nordling Stillwater Regular Election Judge 43 Michelle Ortmeier Stillwater Regular Election Judge 44 Lawrence Panciera Stillwater Head Judge 45 Susanna Patterson Stillwater Head Judge 46 Karlyn Peterson Stillwater Regular Election Judge 47 Michelle Plocher Stillwater Head Judge 48 Joni Polehna Stillwater Head Judge 49 Deb Reckner Stillwater Regular Election Judge 50 Margot Rheinberger Stillwater Regular Election Judge 51 Joe Rheinberger Oakdale Regular Election Judge 52 Lynette Schleusner Stillwater Regular Election Judge 53 Pat Sobieski Stillwater Regular Election Judge 54 Rebecca Spessard Stillwater Regular Election Judge 55 Lori Swanson Stillwater Regular Election Judge 56 Brian Swerine Stillwater Head Judge 57 Dona True Johnson Stillwater Regular Election Judge 58 Deanne Wessel Stillwater Regular Election Judge 59 Cynthia Westrup Stillwater Regular Election Judge 60 James Wolfe Wood Stillwater Regular Election Judge Date: September 21, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Background Check Fee The Kari Koskinen Manager Background Check Act requires Minnesota rental property owners to conduct background checks on any employee who may access a tenant's home as part of their duties. A person who is hired by an owner and has or would have the means, to enter a tenants' dwelling would need to have a background check as well as the Owner of the property. This does not include health care facilities or lodging establishments that are providing special services (assisted living). Short Term Home Rental properties falls under this Act. As part of the Background Checks Ordinance Amendment, a fee for doing the background checks needs to be implemented into the City’s Fee Schedule. The Bureau of Criminal Apprehension (BCA) performs the statutorily-required and discretionary criminal history record check currently for a fee of $15 each and the City will pass this fee onto the license applicant. In order to maintain accuracy on the City’s Fee Schedule, the fee will be listed as “at City Cost” in the event the BCA changes their fee. ACTION REQUIRED: Council should pass a motion adopting RESOLUTION AMENDING RESOLUTION 2021‐ 002 ADOPTING 2021 FEE SCHEDULE 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, an amendment on the fee schedule is needed to cover the cost of background checks perform on Short Term Home Rental License applicants; and NOW THEREFORE, BE IT FURTHER RESOLVED by the Stillwater City Council that Resolution 2021-002 is hereby amended to reflect the following changes: Short Term Home Rental License (valid 3 years) $300 Background Check Investigation Fee at City Cost Additional Inspection (1st inspection included in license fee) $150 Adopted by Council this 19th day of September 2021. ________________ _____________ Ted Kozlowski, Mayor Attest: ______________________ _________ Beth Wolf, City Clerk RESOLUTION NO. CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING A RIGHT OF ENTRY AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS ASSOCIATED WITH LOT 4, BLOCK 11, SABIN’S ADDITION CPC CASE NO. 2021-16 WHEREAS, Tyler B. Morris and Justin R. Rees (“landowners”) own undeveloped property, legally described on as Lot Four (4), Block Eleven (11), Sabin’s Addition to the City of Stillwater, according to the recorded plat thereof, Washington County, Minnesota. Abstract Property PID: 28.030.20.23.0054 (“Landowner Property”); and WHEREAS, the property owners would like to construct certain improvements associated with building a new home on the landowner property; and WHEREAS, said improvements will encroach onto the William Street North right-of- way; and WHEREAS, said improvements will need to be encumbered by an encroachment agreement upon installation; and WHEREAS, the City intends to allow the landowner to install certain improvements. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the agreement relating to landowner improvements on the landowner property with the following conditions of approval: 1. Upon installation of the improvements, the landowner shall submit an as-built survey for completion of an encroachment agreement for all landowner improvements. Enacted by the City Council of the City of Stillwater, Minnesota this 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT (“Agreement”), is entered into on this ________ day of _____________, 2021 (“Effective Date”) by and between the City of Stillwater, a Minnesota municipal corporation (“City”), and Tyler B. Morris, a single person, and Justin R. Rees, a single person (individually and collectively “Landowner”). WHEREAS, the City owns or controls that certain plots, parcels or tracts of land, together with all rights and privileges arising in connection therewith, located in the City of Stillwater, County of Washington, State of Minnesota, legally described as follows: The unopened right-of-way dedicated as William Street North in the plat of Sabin’s Addition to the City of Stillwater, recorded on May 15, 1882, in the Office of the Register of Deed, Washington County, Minnesota. (“City Property”); and WHEREAS, the Landowner owns or controls that certain plots, parcels or tracts of land, together with all rights and privileges arising in connection therewith, located in the City of Stillwater, County of Washington, State of Minnesota, legally described as follows: Lot Four (4), Block Eleven (11), Sabin’s Addition to the City of Stillwater, according to the recorded plat thereof, Washington County, Minnesota. Abstract Property PID: 28.030.20.23.0054 (“Landowner Property”); and WHEREAS, the City and the Landowner are negotiating an encroachment agreement (“Encroachment Agreement”) for Landowner’s driveway, raingarden and utilities depicted on Exhibit A (“Landowner Improvements”), attached hereto and incorporated herein by reference, to be located under, over, across, through and upon that portion of the City Property immediately adjacent to the east of Lots 2, 3, 4, 5 and 6, Block 11, Sabin’s Addition to the City of Stillwater (“Encroachment Area”) for the benefit of Landowner Property; and WHEREAS, Landowner desires to start improving the Encroachment Area with Landowner Improvements, pursuant to the plans on file with the City, prior to the City and Landowner finalizing the Encroachment Agreement; and WHEREAS, the City agrees to allow Landowner to start improving the Encroachment Area pursuant to the plans on file with the City. NOW THEREFORE, for mutual consideration, which is hereby acknowledged, the parties agree as follows: 2 1. Consent. The City does hereby grant permission to Landowner and its agents, employees, consultants and representatives for a period of one hundred and eighty (180) days from the Effective Date, to enter onto the Encroachment Area for the purposes of improving the Encroachment Area with the Landowner Improvements pursuant to the plans on file with the City (“Approved Activities”), at the sole cost of the Landowner. 2. Hold Harmless. The Landowner shall hold the City harmless for any claims of third parties as a result of the Approved Activities. 3. Assumption of Risk. The City shall not be responsible for the actions of Landowner’s employees or contractors while they are on City Property. The Landowner assumes the risk that may occur while on City Property and assumes and accepts full responsibility for injury or death to Landowner’s employees or contractors, or damage to or destruction of its own personal property while on City Property as a result of the Approved Activities. 4. License. The City hereby grants the Landowner a License for the sole purpose of conducting the Approved Activities. The Landowner agrees that this License creates a Right of Entry only and that the Landowner has no property interest in the City Property. The Landowner shall exercise all reasonable efforts to undertake the Approved Activities in a workmanlike manner. 5. Termination. If the parties are unable to finalize the Encroachment Agreement within 180 days from the Effective Date, The Landowner will be required to remove Landowner Improvements, at the sole cost of the Landowner, and restore the Encroachment Area back to its original state. 6. Amendment. This Agreement may be amended by mutual written agreement of the parties. 7. Authority. The individuals executing this Agreement on behalf of each party represent to the others that such individuals are authorized to do so by requisite action of the party. 8. 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. [Remainder of page intentionally left blank.] 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year aforesaid by their duly authorized representatives. 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 4 LANDOWNER: Tyler B. Morris STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this ____ day of ________________________, 2021, before me a Notary Public within and for said County, personally appeared Tyler B. Morris, a single person, to me personally known. ________________________________________ Notary Public 5 Justin R. Rees STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this ____ day of ________________________, 2021, before me a Notary Public within and for said County, personally appeared Justin R. Rees, a single person, to me personally known. ________________________________________ Notary Public A-1 EXHIBIT A DEPICTION OF LANDOWNER IMPROVEMENTS A-2 A-3 PROPOSED UTILITY CONNECTION DATE: September 20, 2021 TO: Honorable Mayor and City Council Members FROM: J. Thomas McCarty, City Administrator Sharon Provos, City Finance Director SUBJECT: Stillwater Preliminary 2022 Budget and Tax Levy Proposal Background The City Council meets on Tuesday, September 21, 2021 to consider approval of the 2022 Preliminary Budget, the 2022 Preliminary Tax Levy and establish the Truth in Taxation meeting date in December, 2021 for adoption of the final 2022 Stillwater City Budget. Pursuant to state law, the City Council must complete all these actions and notify Washington County by September 30, 2021. At City Council budget work sessions conducted on August 17 and September 7, 2021, the Council reviewed operational and capital requests from all departments, affiliated Boards and outside agencies. The 2022 budget requests included revenue and expenditure programming and capital outlay appropriations to align with the themes and initiatives included in the revised Stillwater Strategic Plan, as well as requests for staffing adjustments and capital requests for preservation of current assets and new projects. Based on discussion at the September 7 budget work session, the City Council directed staff to adjust the Preliminary 2022 Budget to include certain revenue increases, health insurance cost reductions, increase funding for a Fire Department study, increase the Library levy to 3% over the 2021 levy and include funding for the wellness incentive program. Based on those directives and discussion, there are two options shown for the updated Preliminary 2022 Budget: Option 1 in the ppt slides includes a proposed tax levy adjustment of +6.07% incorporating the items noted above, while Option 2 in the ppt slides also includes adding minor computer equipment costs to the operating budget (a long-term goal for the City to be compliant with GAAP accounting standards), slightly increasing the levy to +6.54% over 2021. Following additional discussion, the Council must adopt the Proposed 2022 Budget, Proposed 2022 Tax Levy and establish the Truth in Taxation meeting date. Both options will maintain a balanced 2022 budget that continues the provision of excellent city services and programs to meet the needs of the citizens of Stillwater. (See attached slides.) Recommended Action Staff recommends Council approval of the Resolutions: Adopting the Proposed Tax Levy for Payable Year 2022; Adopting the Proposed Budget for the Year 2022: Setting the Truth in Taxation Meeting Date for December 7, 2021. cc: Department Managers City of Stillwater Washington County, Minnesota RESOLUTION 2021-____ ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2022 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $15,857,357 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2022. FURTHER BE IT RESOLVED, that the sum of $44,000 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel-specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2022. The Levy consists of the following: Adopted by the Council this 21st day of September, 2021. ______________________________ Ted Kozlowski, Mayor ATTEST: ______________________________ Beth Wolf, City Clerk GENERAL TAX LEVY:11,962,975$ DEBT SERVICE TAX LEVY: Fund Required Levy for 2021 Amount 312 G.O. Capital Outlay 2012A 370,954 314 G.O. Capital Outlay 2014A 703,491 324 G.O. Capital Outlay 2014 (Armory) 85,000 326 G.O. Capital Outlay 2016A 558,075 327 G.O. Capital Outlay 2017A 399,667 318 G.O. Capital Outlay 2018A 489,057 339 G.O. Capital Outlay 2019A 428,138 321 G.O. Capital Outlay 2021A 310,000 Subtotal 3,344,382$ New Debt G.O. Capital Outlay 2022 550,000 Total Debt Service Tax Levy 3,894,382$ TOTAL TAX LEVY 15,857,357$ PARCEL-SPECIFIC LEVY WMO Levy $44,000 1 ‐‐‐‐‐Original Message‐‐‐‐‐ From: Ann Marlow <stev.an68@yahoo.com> Sent: Monday, September 20, 2021 6:40 PM To: Ted Kozlowski; Shawn Sanders; Tim Gladhill; Ryan Collins; David Junker; Larry Odebrecht; Mike Polehna Subject: James and gerri gorders fence At 602 W Churchill St [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. _______________________________________________________________________________ To whom it may concern, Jim and gerri just replaced a 6 foot fence with a new 6 foot fence. The old fence had been there 48 years at 6 feet high. I would think this would be grandfathered in. They also have a swimming pool and the new fence with new wood looks great and the neighbors all agree. Steve and Ann Marlow 702 so holcombe st Stillwater mn. Sent from my iPad NI 1 1\7 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 21, 2021 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificates of Appreciation - Beyond the Yellow Ribbon Program Projects 2. Proclamation - United Way 3. Superintendent Lansfeldt, Stillwater Schools 2021 Levy Referendum 4. Acceptance of Donation for Conversion of Lumberjack Landing Building - Resolution V. 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. VI. STAFF REPORTS 5. Public Works Director 6. Police Chief 7. Fire Chief 8. Finance Director 9. Community Development Director 10. City Clerk 11. City Attorney 12. City Administrator - Covid Update VII. 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. September 7, 2021 regular and recessed meeting minutes 14. Payment of Bills 15. Background Checks Ordinance Amendment - Ordinance 2nd Reading 16. CPC Case 2021-30 Zoning Text Amendment for Creation of a Neighborhood Commercial Zoning District - Ordinance 2nd Reading 17. CPC Case 2021-47 Zoning Text Amendment to allow an Emergency Medical Services Garage to be located in the BP -I zoning district - Ordinance 2nd Reading 18. Fire Code Ordinance Amendment - Ordinance 2nd Reading 19. Flexible Work Arrangement Policy Update - (Available Tuesday) 20. Health & Dental Group Insurance for 2022 - Resolution 21. Nuisance Ordinance - Ordinance 2nd Reading 22. OSHA and Safety Training Agreement with SafeAssure - Resolution 23. Purchase Request of Ceiling Microphones for Conference Room 213 24. Sanitary Sewer Adjustments 25. Temporary Liquor License for Valley Chamber Chorale 26. Temporary Liquor License for Washington County Courthouse 27. Washington County Recycling Grant Incentive Funding Agreement VIII. PUBLIC HEARINGS - when addressing Council please limit your comments to 10 minutes or less. 28. CPC Case 2020-60 on the proposed establishment of Tax Increment Financing (TIF) District 14 within Development District No. 1 and the proposed adoption of a TIF Plan for 200 Chestnut Street. Notice was published in the Stillwater Gazette on September 10, 2021- Resolution 29. Project 2019-08 Assessment Hearing for the Neal Avenue Improvement Phase 2 Project. Notice was published in the Stillwater Gazette and mailed to affected property owners on September 3, 2021 - Resolution IX. UNFINISHED BUSINESS 30. CPC Case 2021-16 Right of Entry Approval for Lot 4 Block 11 Sabin's Addition to Stillwater X. NEW BUSINESS 31. Sale of General Obligation Bonds, Series 2021A - Resolution 32. 2022 Preliminary Budget Review a. Adopting the proposed tax levy for the payable year 2022 - Resolution (Available Tuesday) b. Adopting the proposed budget for the year 2022 - Resolution c. Setting the Truth and Taxation meeting date - Resolution 33. Consider Offer to Purchase MnDOT Property at 14100 60th St N (TH36/Greeley) 34. Potential Fence Violation at 602 Churchill St W 35. Potential Home Occupation Violation at 922 William St N 36. United Way City Campaign - Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda September 21, 2021 THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Sti((wafrx EUi loft tl%vc genetuoto donation of $1,30C twuw & eat cap ink; the gaud of a dbabied ammictif SeAuke Atembe,t, pact of the Stiliwate,t g3ey,and the Yellow glib/fon J"tam, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: September 21, 2021 THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to eaCten, qteg Za ft0 ata telt N to Sti((wate't Kiq1 S Meet MackeyJ earn fat IfetUnteVtiUg tl th e'uice to the communit4 in eat caping the qand at a diiabied amencian S� Atemiten, ai pact at the S ` [Beyond the VetAognani, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor i THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Jteuin jftcuui d .7C.C.Nt 9a'tmi Juc. f arc tfte getteitato donation, a1 thte 6 ad km the home a1 a dvs Sewice ai pa4t of the S " Bec�:and tfie J ajxam, and for outstanding service in support of the City of Stillwater's mission. -ZeiC/2 Ted Kozlowski, Mayor Date of recognition: September 21, 2021 THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to Bake Elmo, 33etiand the Yettotu glitertan rho -pain and Witclitotueit Neighbo,tfwed i theuc cantaution to a taucdJcapuuj pw ject at the hame of a dbabled ameiticatt Se'wicc� , co a joint e f f oxt cud ft S ` [Be .and the *lima Aewta u, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to fRyitexig .eeading Edge .ecutcbccuping hi/3 cwn pang and eixpentbe to eanc6cape the gcvcd o f a di a6.eed an mian Senuice Atemben, co pant of the Stitituaten fBega.nd the Yeti w Ribbon J,tognam and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: September 21, 2021 THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to thLni JI'tayiz4ki d Wate't wad h'dqatiotz ion thie gettenows al a compeete gatcd ` 9l3tein 104 the home o f a drat aanetu;iau Se nice , as pant of the Stitituctten fBegwzd the 2f ee&uu rhogitant, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: September 21, 2021 THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to SliliwtV3Wf?oit323awxi&wu1 awxitiauf [tut theh getteitoto conkifttition of $sCC tc u ttt the National ju !Nut of tfte Stiliwateit 113egnd the Yellow Sam. Aocytam, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor i Cite of titttuater, Aturte5ota 91yeztamation WHEREAS, the citizens of Washington County receive great benefits from the many programs provided by its health, youth, basic needs and self-sufficiency services agencies; and, WHEREAS, United Way of Washington County East brings together businesses, government agencies, community organizations and individuals, in a united effort to fund Washington County health, youth, basic needs and self-sufficiency agencies; and, WHEREAS, United Way of Washington County, for the past 72years, has made available this financial support from its annual fall giving campaign; and, WHEREAS, United Way funds raised in Washington County supports local organizations and charities for the benefits of its citizens and the improvement of their quality of life; and WHEREAS, United Way of Washington County East's mission is to unite our community and local resources to give each person the opportunity to build a better life. .NOW THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim October 4-8, 2021 as United Way Week throughout the City, and I encourage all the people of Stillwater to support financially, through United Way, the many local community organizations that provide invaluable services for our seniors, families and youth in Washington County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this this 21st day of September, 2021. ,••'%yL.L y +0°1STI''• T' * - ' '• '+�'to II1It1' j0' lvlayor Our Kids. Our Community. Our Future. District taxpayers will be asked to replace an expiring operating levy on November 2, 2021, as well as consider new funding to help maintain quality learning and invest in technology for kids and classrooms_ The Challenge The Ballot Questions Funding Facts • Expiring levy currently generates about $12 million • State funding hasn't kept pace with inflation or increasing costs • We've cut our budget 3 times since levy was approved in 2013 - totaling $7 million • We lost 3% of our student enrollment in 2020-2021 due to COVI D-19. Stillwater AREA PUBLIC SCHOOLS $7,500 $7,000 $ 6, 500 $6,000 $ 5, 500 $5,000 $4,500 General Education Formula Allowance, 2003-2023 Adjusted for Pupil Weight Change and Inflation (CPI) Formula Allowance .....................• Adjusted for Inflation Actual Stillwater School State Funding $7,461 .• • Funding ........................ Gap $6,863 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 If state funding had kept up with inflation since 2003, our schools would receive $500 more per student - for a total of $4.2 million more this year. Source: Minnesota Department of Education and the Association of Metropolitan School Districts 2027 Inflation estimates Where Our Money Comes From federal aid other 3.O% local property taxes 26.O% Expiring levy = 10.4% of general fund Source: Certified Levy Payable 2021 state aids/credits Source: General Fund Stillwater Area Public Schools, ISD 834 Estimated Voter Approved School Property Taxes, Payable 2021, $350,000 Residential Homestead Tax Base Source: Final values from Washington, Dakota and Ramsey Counties. Levy Source: Taxes Payable 2021 Levy Certification Reports for voter approved operating referendum, capital project levy and debt only 3/24/2021 Two ballot questions: Q1: Replacement Levy Q2: Technology Levy Request is based on: • Needs of our students • Expiring levy • Years of inadequate state education funding leading to budget cuts • Analysis of district finances • Stakeholder feedback VOTE NOVEMBER 2 Question 1 Maintain quality learning: • Renew expiring levy • Help stabilize the district's budget O Address state funding gap, enrollment change, rising costs/inflation Stillwater AREA PUBLIC SCHOOLS Replacement Levy • Retain teachers, support staff • Maintain existing programs and services o Continue to support academic achievement for all students • Minimize - but not eliminate - future budget cuts If APPROVED by voters • Address state funding gap, enrollment change, rising costs/inflation • Retain teachers, support staff • Continue to support academic achievement for all students • Maintain existing progr • Minimize - but not elim future budget cut Question 1 If NOT APPROVED by voters Face a $12 million deficit in 2022-2023 and more in future years • Significantly higher class sizes • Reduce more than 100 full time teachers and support staff • Loss of academic and social/emotional interventions • Loss of electives classes, specialized programs, as well as art and athletic opportunities Question 2 Technology Levy Provide kids the tools they need to learn • Provide classroom devices, teacher and student computers • Keep technology up-to-date • Give students reliable access to technology tools at school and at home • Provide students and staff with technology support and training • Support infrastructure, software and security needs Question 2 If APPROVED by voters: • Technology for classrooms • Devices for students, teachers • Technology support staff • Dedicated funding source for technology Stillwater AREA PUBLIC SCHOOLS Consideration: Capital projects levy for technology is NOT based on enrollment Stable and reliable funding for technology Question 2 If NOT APPROVED by voters: • No dedicated funding source for technology, equipment, support staff and purchases • 10-year replacement cycle for classroom technology • No funding for student device replacement • Failure to meet future state testing requirements • Minimal technology access for students Reinvesting In Our Kids Priority is to use any new funds to improve academic achievement • Stabilize the budget and avoid additional budget cuts • Keep class sizes from growing • Support quality learning for our students • Provide more academic support for kids needing extra help • Provide emotional and mental health support for students Stillwater AREA PUBLIC SCHOOLS Overview of Levy Request Election November 2, 2021 Two ballot questions: • Q1: Replacement levy to maintain quality learning Tax impact on average homeowner = $0.17 more per month • Q2: Technology levy to provide kids the tools they need to learn Tax impact on average homeowner = $11.50 more per month Tax impact on average home ($350,000) if voters approve both questions is less than $12 more per month RESOLUTION NO. 2021-125 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO ACCEPT A DONATION FROM GERI FREELS FOR THE CONVERSION OF THE AIPLE RESIDENCE TO A PARK BUILDING FOR PUBLIC USE WHEREAS, the City owns a city park, located at 1513 Main Street North, commonly known as Lumberjack Landing, and formerly known as North Aiple Park (herein referred to as "Park"); and WHEREAS, the Park Master Plan calls for the conversion of the former Aiple residence into a multi -use park building (hereafter referred to as "Park Building"); and WHEREAS, as outlined on page 24 of the Park Master Plan, which page is attached hereto as Exhibit A, the Park Building will require extensive renovation to convert it for public use; and WHEREAS, on behalf of herself and her late husband, Frank H. Freels, Mrs. Geri A. Freels has offered to donate funds to be used specifically for the physical renovation of the Park Building, as further described on Exhibit B, attached hereto; and WHEREAS, the City agrees to use the donation from Mrs. Geri A. Freels for the conversion of the Park Building, pursuant to her intent outlined on Exhibit B. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby accept the donation in the amount of $1,000,000.00 from Geri A. Freels to be designated and used toward the public use conversion of the Lumberjack Landing Park Building in a manner that is consistent with the intent and purposes stated on Exhibit B. Approved by the City Council of the City of Stillwater, Minnesota this 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk furl re CAI WPM. IMP lr�1FQRr CelbiI DHOW PrrcIENr7TR aw PillOSPIAM NOWTI-I pop A NORTH OPP- EXHIBIT A PROPOSED BUILDING MODIFICATIONS The shell of the building would mostlyrernain intact while the interior of the building would undergo renovations to be more accessible to group gatherings and provide public access_ Proposed Upper Level Floor Plan G'f:i1QEE.•• i OPOI TO MOW Proposed Lower Level Floor Plan LOMA iPait SCAL Proposed West Elevation RE41 II 60 ro k#'}7 Rppw 1AILEXIMR "- " PINACA G+YE1.10. Croerit 171a, Proposed East Elevation EXHIBIT B Donation Specifics Geri A. Freels will donate: 1. $800,000 in a Wells Fargo cashier's check to be donated in 2021. 2. $200,000 in the form of a charitable trust, payable to the City of Stillwater upon Ms. Freels' death. Relevant trust details are as follows: a. Name: The Geraldine A. Freels Irrevocable Trust Agreement for the Benefit of the City of Stillwater, Minnesota. b. Trustee: Geraldine A. Freels c. Contact Information: Richard W. Copeland, Attorney, 4665 White Bear Parkway, White Bear Lake, MN 55110. (651) 429-3323. Donation Intent To convert the former residence located at 1513 Main Street North (in Lumberjack Landing, formerly North Aiple Park) into a multi -use, public park building. Conversion includes the physical renovation of the structure's exterior shell, interior modifications necessary for the adaptive reuse, and permanent interior improvements necessary for public use. This shall not include architectural and engineering design needs, permitting, nor any other physical site improvements (including, but not limited to site development, utility extension, or landscaping). City's Use of Funds • The City will place the funds in a Special Revenue Account. Interest incurred will be dispersed to the account as per the City's existing financial policies. • The City will use the funds as per the donor's intent, noted above. • The City may use the funds as a cash match for other site improvements but, under no circumstances, shall the donated funds be used for any purposes other than explicitly noted herein. Donor Request The City shall furnish and install a commemorative plaque on and/or in the building. The plaque shall read: To commemorate their legacy, and to share their love of the St. Croix River with the Stillwater area community, funding for this park building was made possible by the generosity of Frank H. and Geri A. Freels. Reporting Starting in January, 2022, the City shall furnish quarterly reports to Mr. Richard Copeland. Upon the death of Geri A. Freels, the City will continue to provide quarterly reports to the Trustee named, above, until all funds have been spent. 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 September 7, 2021 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Mikhail City Clerk Wolf 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 Superintendent Lansfeldt, Stillwater Schools Referendum Postponed to future meeting. Preliminary 2022 Budget Workshop City Administrator McCarty presented a revised 2022 Preliminary Budget, based on discussions at the budget workshop on August 17, 2021. He stated that Washington County has provided data on the estimated Fiscal Disparity, estimated Taxable Tax Capacity, and estimated Market Value Adjustments. This has allowed staff to calculate estimated property tax impacts based on the proposed 6.5% increase in the levy for 2022. At the September 21, 2021 City Council meeting, the Council will need to approve the Preliminary 2022 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. Finance Director Provos explained the impact of County data on the proposed levy. If no changes are made, the 6.5% increase in the levy will equate to an almost $800,000 increase in general operating levy, and just over $200,000 increase in debt service. The City property tax rate should go down by almost 2% according to Washington County estimates. Properties valued between $200,000-400,000 will have an increase of $44-84 in the City portion of the tax bill due in part to an estimated 5.6% increase in market values. City Administrator McCarty shared strategic budget elements and goals. He explained that using a different health insurance provider, and adjustments in some of the revenue City Council Meeting September 7, 2021 streams, together will result in an approximately $130,000 savings. He outlined alternatives to consider including in the budget: an operational review of the Fire Department ($40,000); adding $11,000 back into the Library budget; funding wellness program incentives ($18,000). That leaves about $60,000+ to apply to other areas or decrease the tax levy by roughly 1/2 percent. Staff would like to do a comprehensive review of all permit and license fees, and come back in December with final recommendations that could reduce the levy further. Mr. McCarty went on to cover consulting fees and new/modified position requests. Ms. Provos addressed general fund operating revenue and expenses. She reviewed the enterprise funds: storm sewer, signs & lighting, water, parking. Mr. McCarty reviewed the capital outlay budget and permanent improvement projects. He led discussion of possible levy adjustments. Councilmember Polehna asked why add Fire Department staff now if the City is going to do a study of the Fire Department that may change the way it operates; and Mr. McCarty replied that some adjustments are needed even as the City looks at alternatives, simply because staffing levels are low, and recruiting and retaining paid on call staff has been a huge challenge. Councilmember Junker pointed out the population has grown and there are many activities going on year-round. Mayor Kozlowski agreed the Fire Department needs another body to keep the City safe. Regarding the IT tech position, he does not have a sense of how crucial this is. While the City needs to communicate better with constituents, he is not sure another body at this point is the best way to go. He would like to see this moved into more of a consulting position. Councilmember Odebrecht agreed. He would like to better understand what the cyber security looks like, as he is concerned about potential for being in a position to pay ransom. Councilmember Collins pointed out that the need for additional IT staff has been critical for the last three budget cycles and the addition of staff should remain in the budget. Mayor Kozlowski remarked once it is set up, there are a lot of ways to run IT and many managed contracted providers that handle much of the day to day service. Councilmember Odebrecht stated what he did not see is a prioritized list of tasks the IT staff need to do and when they need to do them. He would like to know more about the tried and true tested applications that other cities have used, and what is the timeframe so the City can start to plan financially. First on his list would be security. Mayor Kozlowski remarked the additional staff funding could be left in the budget, but he would not hire anybody until more is known. Mr. McCarty stated the 2022 operating budget also includes about $26,000 for professional consulting services, which the IT team would have available to look at options. Staff can do more analysis for the next meeting, considering additional staff plus consulting assistance, if the Council wishes. Councilmember Junker commented it was difficult to discuss the IT operational review over Zoom. Page 2 of 11 City Council Meeting September 7, 2021 Councilmember Odebrecht added that the Council must be thoughtful about how to ask questions in an open meeting especially surrounding security. Councilmember Junker voiced support for funding for a wellness program. Mayor Kozlowski shared his support for the $11,000 adjustment to library funding. Councilmember Collins suggested increasing the library funding, as there was quite a significant hit in materials funding. Library Director Troendle explained that without any increase, the materials budget would be at 15% less than what it should be. Even with the increase, the Library will rely on supplemental sources for all Sunday hours, for 25-15% of the materials budget, and for a youth services programming assistant. They also are not planning to add any money back into the training budget for next year. The library board and its finance committee will have to determine exactly how to allocate the funds, but increasing the materials budget will probably be the primary focus. Mr. McCarty concluded that staff will recalculate the levy impact and do further research on the items discussed, and come back in two weeks with recommendations and draft resolutions approving the preliminary levy and preliminary budget. Myrtle Street Apartments Landucci Homes City Land Purchase Request Community Development Director Gladhill stated that Landucci Homes submitted a revised 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, and the purchase of the adjacent Balay home. The City, as property owner, is asked to approve a Land Use Application to send through the formal Commission review process. If the City Council elects not to authorize the Application, the Application will be deemed incomplete and the project will not continue for additional review. Additionally, the developer is requesting public financing in the form of Tax Increment Financing (TIF) between $500,000 and $1.5M. The City Council should also decide whether or not to accept the TIF application for continued review. Councilmember Junker stated he would not be interested in selling the City property for this project. Design changes are not significant enough, and the project as currently proposed still has a lot of the same issues such as parking mitigation and mass. Council consensus was that the new project is not significantly changed from previous design, and the City is not interested in selling the property. Mr. Gladhill summarized the Council consensus that any project going forward should focus only on the Whitcomb parcel and not encumber the City parcel or the Balay parcel. STAFF REPORTS Public Works Director Sanders stated the riverwalk/riverbank project will begin next month. The pickleball court surfacing should begin this week. Councilmember Junker commended the Public Works Department on maintenance of the loop trail. Police Chief Mueller stated downtown is very busy. Staff is focusing on quality of life issues. He updated the Council on calls. Councilmember Polehna stated he appreciated an officer checking on his open garage door during the early morning hours. Page 3 of 11 City Council Meeting September 7, 2021 Fire Chief Glaser stated there was a fire at Stillwater Yacht Club resulting in the loss of two boats. There has been an increase in clothes dryer fires, so he reminded residents to clean vents. He acknowledged the 9/11 anniversary and the 343 run. He encouraged all citizens to take time to remember the events of that tragic day. Community Development Director Gladhill stated there is an influx of permit applications. He gave project updates. He is participating in the Chamber meeting on September 14. He updated the Council on status of COVID relief for businesses. City Administrator McCarty stated the Curling Facility Stakeholder Group will meet on September 14 and the King Plant Advisory group will meet September 15. Library Director Troendle stated library hours have expanded. RECESS Mayor Kozlowski recessed the meeting at 5:55 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 Mikhail City Clerk Wolf Community Development Director Gladhill City Planner Wittman 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. RECOGNITIONS OR PRESENTATIONS There were no recognitions or presentations. OPEN FORUM Cam Murray, resident on Main Street North, spoke promoting the River Rally Event being held on September 11. David Kufner, resident on William Street North, shared concerns about a neighbor who runs a lawn and snow removal service involving a lot of equipment. He has been working with City staff and officials, but the situation does not resolve and he feels the City is not enforcing the home occupation ordinance. Page 4 of 11 City Council Meeting September 7, 2021 Community Development Director Gladhill stated if a violation occurs there are some new tools to use. He suggested staff do a more thorough review with Mr. Kufner and report back to the next meeting. Mayor Kozlowski stated it appears there may be some conflict between the former home occupation ordinance and the newer nuisance ordinance. Timothy Press, resident on Orwell Court North, spoke about the negative effects of tourism on residents. He is alarmed by the accelerated growth of tourism in Stillwater which has changed the character of the City. He cited pedestrian, traffic and safety issues. He questioned the City's efforts to promote and increase tourism, and asked the Council to consider impacts to residents, set some limits, and formalize citizen input via an advisory board. He cited future use of the Shoddy Mill and the approval of the Ice Castle in past years as examples of active City participation in promoting tourism. Mayor Kozlowski noted that he shares some of the concerns, but feels a lot of people overestimate the impact the Council and staff can have on tourism. He believes that when Main Street was redone many core businesses moved away, leaving a sleepy downtown that then attracted more tourist -driven businesses. The growth of restaurants, shops and reinvestment in Stillwater has little to do with anything the Council has done. Trying to find a balance is difficult. There have been very few events in the past year, yet downtown is very busy. He feels efforts to bring people into town in the winter help prevent businesses from closing. He likes the idea of having a community advisory board work with Discover Stillwater to discuss tourism. CONSENT AGENDA July 20, 2021 closed session minutes August 10, 2021 regular and recessed meeting minutes August 17, 2021 special meeting and regular meeting minutes Payment of Bills Boards and Commissions New Appointments Resolution 2021-112, 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 3rd Street North and 110 Myrtle Street East (Case No. HPC 2021-25 and CPC 2021-38 & 46) Harvest Fest Temporary Liquor License Application Resolution 2021-113, Approving Limited Term Employment Human Resources Specialist Confidential Resolution 2021-114, 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 Resolution 2021-115, 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 Rivertown Fall Art Festival Event Contract Resolution 2021-116, Approving the State Historic Preservation Office Certified Local Government Grant Contract Amendment #2 Page 5 of 11 City Council Meeting September 7, 2021 Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS 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 - Ordinance 1st Reading City Planner Wittman explained that 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, located adjacent to the Curve Crest clinic. The Planning Commission recommends approval of the Zoning Text Amendment. Staff concurs. Mayor Kozlowski opened the public hearing. Nathan Pulscher, Interim President of Lakeview Hospital, reiterated that EMS has outgrown its space at Lakeview Hospital. A new location is needed to provide safe, efficient care for the community for decades to come. Mayor Kozlowski asked if the future site on Curve Crest would still be EMS headquarters when the new hospital is built; and Jon Muller, Director of Lakeview EMS, answered that many options were considered. The future hospital site at Manning Avenue and Highway 36 is a bit too far out of the way for EMS to have a good response to the core area and center of the City. The new site on Curve Crest also will provide a safer route to downtown. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt first reading of an ordinance amending Stillwater City Code Chapter 31-325, Allowable Uses in Non - Residential Districts. All in favor. Case 2021-30 to consider a Zoning Text Amendment for the creation of a Neighborhood Commercial Zoning District - Ordinance 1st Reading Ms. Wittman stated that previous to development of the 2040 Comprehensive Plan, the Neighborhood Commercial land use category included only the Liberty Village commercial area and the small office buildings across from Lakeview Cemetery on South 4th Street. In the 2040 Comp Plan this land use category was expanded. The permitted uses being contemplated are goods and services for residential needs. The Planning Commission recommends the adoption of an ordinance creating a Neighborhood Commercial Zoning District. Staff concurs, as it appears to be compatible with the Comprehensive Plan and consistent with the nature of the legacy commercial properties it intends to regulate. Mayor Kozlowski asked if this would be considered spot zoning; and Ms. Wittman replied it is not necessarily spot zoning, it legitimizes nonconforming existing uses. Under present zoning, if it changes hands it has to revert to residential. Councilmember Junker applauded the work of the Planning Commission and the term "legacy commercial" because most of these properties have been commercial for many years. This gives them a name and a home in zoning terms. Page 6 of 11 City Council Meeting September 7, 2021 Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt first reading of an ordinance creating Stillwater City Code Chapter 31-324.2, Neighborhood Commercial and Chapter 31-325, Allowable Uses in Non -Residential Districts. All in favor. To consider adoption of Enabling Resolution establishing an Economic Development Authority (EDA) in the City of Stillwater Community Development Director Gladhill explained that in 2020, the City Council initiated an economic development study/analysis. Several recommendations were made in the report, including but not limited to, the establishment of an Economic Development Authority (EDA) with Housing and Redevelopment Authority (HRA) powers. In March 2021, 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. Although a new body is being created, the five Councilmembers will be the members of the EDA. He summarized the implementation and work plan for establishment of the EDA. Staff recommends that the City Council adopt the necessary Resolutions to establish the Stillwater Economic Development Authority (EDA). Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2021-117, Enabling Resolution Establishing the Stillwater Economic Development Authority and Resolution 2021-118, Resolution Adopting Bylaws and Appointing Officers to the Economic Development Authority of the City of Stillwater. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 304 Hazel Street East Encroachment License Request City Planner Wittman reviewed the case. In the spring of this year, the Council upheld a Heritage Preservation Commission (HPC) recommendation to deny a Building Demolition Permit on the grounds that unpermitted work that had 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 Planning Commission (PC) 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). The City received modified plans from the property owner last month to include the addition of a 6' deep, full facade width front porch, alteration of the exterior siding materials, and changes to the front -facing roof. Both the HPC and the 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 (porch, stairs, at -grade walkway, Page 7of11 City Council Meeting September 7, 2021 and retaining wall). If approved, the improvements will be greater than 5' from the back of the Hazel Street East curb line. These improvements require City Council permission, via an encroachment agreement, to remain. Staff recommends approval of the encroachment agreement, with ten conditions, by resolution. Councilmember Polehna asked if the property owner should complete the work and then come back for the permit so it is clear the work has been done; and Ms. Wittman responded that a building permit for the entire project cannot be released before the agreement is signed, because the porch is over the property line. There will be two permits: one building permit will be for the porch and exterior siding, and after an agreement is finalized with the Department of Natural Resources, the City can release the permit for popping the top on the second story. Councilmember Junker asked what is the long term plan for the house; and Jeff Ous, 2617 Hidden Valley Lane, father of the property owner, stated they plan to sell it. It has been a difficult project because of the age of the building, hidden nuances and engineering challenges. Originally they did not want to encroach the property line at all. They believe the building predates the railroad. Its footprint was not changed at all. He thanked Ms. Wittman for being up front and working with the applicants to bring the project to resolution. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2021-119, A Resolution Approving an Agreement Relating to Landowner Improvements on 304 Hazel Street East (CPC Case No. 2021-45). All in favor. 2021 Street Project Declare Costs and Order Hearing on Assessments Public Works Director Sanders informed the Council that the 2021 Street Improvement project is scheduled to be completed by the end of October. 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, proposed for October 5, 2021. This will certify the project to the County this year. Staff recommends that Council declare costs, authorize the preparation of the assessment rolls, and call for a hearing on the project. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2021-120, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2021 Street Improvement Project (Project 2021-02) and Resolution 2021-121, Resolution Calling for Hearing on Proposed Assessment for 2021 Street Improvement Project (Project 2021-02). All in favor. Background Checks Ordinance Amendment City Clerk Wolf reported that the Background Checks chapter of the City Code was not updated when the City implemented the Short Term Home Rental licensing program. The requirement for Background Checks is listed in the City Code under Section 41-8, Subd. 4. It should also be listed in Section 22-12, Subd. 3. Staff recommends the Background Checks Section 22-12, Subd. 3, be amended to include Short Term Home Rentals. Councilmember Odebrecht asked why background checks are required for short term home rental applicants; and Mr. Gladhill responded that these landlords have keys to tenants' spaces. Background checks address public safety issues. Page 8 of 11 City Council Meeting September 7, 2021 Mayor Kozlowski suggested the Council revisit the requirement for background checks for all short term home rental applicants. Mr. Gladhill replied the City Attorney has done much background review on this issue, so maybe it should be considered when City Attorney Land is present. Motion by Councilmember Odebrecht, seconded by Mayor Kozlowski, to table first reading of an ordinance amending the Stillwater City Code Section 22-12 entitled Background Checks. Mr. Gladhill noted that background checks have been taking place, it is just a matter of ensuring it is in the code. Councilmember Odebrecht withdrew the motion. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt first reading of an ordinance amending the Stillwater City Code Section 22-12, entitled Background Checks. All in favor. Fire Code Ordinance Amendment Fire Chief Glaser stated that staff has updated Chapter 23 of the ordinance to meet Minnesota State Fire Code. Staff recommends Chapter 23 be amended to include only Subd. 1, 2, 3 and 7. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt first reading of an ordinance amending Stillwater City Code Chapter 23 regarding the Regulation and Enforcement of the Minnesota State Fire Code. All in favor. Nuisance Ordinance and Fee Schedule Amendment City Attorney Mikhail stated that, as the process for issuing administrative citations for nuisance violations has been refined, an ordinance amendment was developed that clarifies some language and identifies the City staff who may issue administrative citations. In addition, staff is recommending adoption of the updated the fee schedule to incorporate the appropriate administrative citation violations and fines. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt first reading of an ordinance amending Sections 38-6 and 38-7 regarding Nuisances and Section 58 regarding Enforcement Officers who can issue Administrative Citations, and to adopt Resolution 2021-122, Resolution Amending Resolution 2021-002 Adopting 2021 Fee Schedule. All in favor. Stillwater Harvest Fest Event Contract and Fee Waiver Request Cassie McLemore, Summer Tuesdays, Inc., discussed an event application for a Special Event permit to hold the 2021 Stillwater Harvest Fest on October 9-10, 2021. She requested a waiver of the base fee for both event days and the set-up day, offering as justification, that they donate part of the profit to local nonprofits. This fest typically brings the top five biggest pumpkins in the world. Mayor Kozlowski stated he has no problem waiving the fees. He encouraged Ms. McLemore to work with the Police Department to ensure the number of visitors can be accommodated because there is potential for a huge crowd. Page 9 of 11 City Council Meeting September 7, 2021 Councilmember Odebrecht stated he supports this event, but is starting to get concerned about the number of events for which fees are waived. Mayor Kozlowski stated perhaps the fee structure should be different for community events versus those designed to earn revenue. Councilmembers Polehna and Junker agreed they would like to revisit the event fee structure in the future. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to approve the 2021 Stillwater Harvest Fest Agreement, and waive the base fee. All in favor. Legal Services Agreement with LeVander, Gillen & Miller P.A. for 2022-2026 City Administrator McCarty stated that the City 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. 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 legal services is reasonable over the five year timeline of the proposed agreements. Staff recommends approval. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2021-123, Resolution Approving Legal Services Agreement between the City of Stillwater and Levander, Gillen & Miller, P.A. All in favor. Prosecuting Attorney Amendment Agreement with Kelly & Lemmons, P.A. for 2022-2026 Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt Resolution 2021-124, Resolution Approving 2nd Amendment to Legal Services Agreement between the City of Stillwater and Kelly & Lemmons, P.A. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna gave an update on Yellow Ribbon activities. Mayor Kozlowski stated Bands for the Brave will be in downtown Stillwater this Saturday. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:35 p.m. ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Page 10 of 11 City Council Meeting September 7, 2021 Resolution 2021-112, 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 3rd Street North and 110 Myrtle Street East (Case No. HPC 2021-25 and CPC 2021-38 & 46) Resolution 2021-113, Approving Limited Term Employment Human Resources Specialist Confidential Resolution 2021-114, 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 Resolution 2021-115, 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 Resolution 2021-116, Approving the State Historic Preservation Office Certified Local Government Grant Contract Amendment #2 Resolution 2021-117, Enabling Resolution Establishing the Stillwater Economic Development Authority Resolution 2021-118, Resolution Adopting Bylaws and Appointing Officers to the Economic Development Authority of the City of Stillwater Resolution 2021-119, A Resolution Approving an Agreement Relating to Landowner Improvements on 304 Hazel Street East (CPC Case No. 2021-45) Resolution 2021-120, Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for 2021 Street Improvement Project (Project 2021-02) Resolution 2021-121, Resolution Calling for Hearing on Proposed Assessment for 2021 Street Improvement Project (Project 2021-02) Resolution 2021-122, Resolution Amending Resolution 2021-002 Adopting 2021 Fee Schedule Resolution 2021-123, Resolution Approving Legal Services Agreement between the City of Stillwater and Levander, Gillen & Miller, P.A. Resolution 2021-124, Resolution Approving 2nd Amendment to Legal Services Agreement between the City of Stillwater and Kelly & Lemmons, P.A. Page 11 of 11 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Absolute Exhibits Inc Action Rental Inc. Advance Auto Parts Advanced Graphix Inc. Advanced Sportswear AdvantageHealth Corp All Goals Inc AMI Consulting Engineers PA Aspen Mills AutoNation BCA Training BlueCross BlueShield of MN Inc. Bolton & Menk Inc. Boyd Crystal Buberl Black Dirt Inc. Burgess Teresa Butterfield Frank Canteen Refreshment Services Cintas Corporation Coca-Cola Distribution Comcast Dalco DVS Renewal ECM Publishers Emergency Automotive Emergency Medical Products Enterprise FM Trust Ferriss Lori Field Training Solutions Gage Riley Gales Elizabeth Goodyear Commercial Tire Gopher State One Call Inc. Grainger Granke Heidi Graves Donna Guardian Supply Hamond Steve Hartnett Chris Hawkins Inc Heneghan Natalie Howard Barbara A.M. Ice Sports Industry Jackson W. Franky Jefferson Fire and Safety Inc. Kelly Leesa Ketz Anne Snacks for concessions Face masks Concrete and mixing trailer Supplies Vehicle decal Uniforms Biometrics Supplies Riverbank Stabilization Uniforms - Knodle Vehicle repair Training Retiree Health Insurance Lift station improvements Conference Presentation Black dirt Conference Presentation Conference Presentation Concession supplies Uniforms & mats Beverages for concessions Internet Janitorial Supplies License 2018 Chevy Traverse Unmarked Publications Marked Patrol Vehicles Gauze Lease vehicles Conference Presentation FTO basic course Conference Presentation Conference Presentation Tires Locates Supplies Conference Presentation Conference Presentation Uniforms Safety zone buoys for fireworks Conference Presentation Water chemicals Conference Presentation Conference Presentation Skater membership Conference Presentation Belts Conference Presentation Conference Presentation 276.45 930.00 250.00 692.88 10.00 4,667.49 1,170.00 31.00 2,253.75 141.35 76.12 75.00 13,175.00 4,621.00 100.00 45.00 100.00 100.00 519.19 839.74 441.77 120.30 487.61 19.25 497.10 8,049.05 70.28 11,254.26 100.00 590.00 100.00 100.00 1,253.24 612.90 386.94 200.00 100.00 547.26 360.00 100.00 5,141.14 200.00 100.00 960.00 100.00 94.88 100.00 100.00 Kwik Trip Inc Ladwig Jammi LaForce Inc Lano Equipment Lawson Products League of MN Cities League of MN Cities Ins Tr Leggs Brent Lepage Adriane Leppink Laura Less Lethal Lexipol LLC Lindstrom Solar LLC Loffler Companies Lone Oak Companies Inc Lorenz Maggie Madden Galanter Hansen LLP Mansfield Oil Company Martin Teresa Melin Court & Carrie Menards Merriman Ann Metropolitan Council Environmental MHSRC/Range Miller Excavating Minnesota Mayors Association Minnesota Occupational Health MN Dept of Labor and Industry MN Dept of Transportation NAPA Auto Parts National Alliance of Preservation Commissions Nelson Chris Northern Tool Office Depot Olson Christopher OnSite Sanitation Per Mar Security Services Pioneer Rim and Wheel Co. Preservation Alliance of MN Pro-Tec Design Quill Corporation R&R Specialties Inc. Right -Way Caulking Roise Charlene Roof Tech Safe Assure Consultants Safe Fast Inc Simplifile LC Springbrook Software St. Croix Boat and Packet Co. Fuel Conference Presentation Vestibule Equipment repair supplies Supplies Membership Insurance Conference Presentation Park Fee Refund Conference Presentation Training projectiles Law enforcement policy & training solutions Solar Energy IT professional services Utility Bill Certification Processing Conference Presentation Labor Relations Services Fuel Conference Presentation Utility Refund Supplies Conference Presentation Wastewater Charge Training Park area drinking fountain Membership Alcohol & drug test License renewal Concrete plant inspections Equipment repair supplies Conference Presentation Conference Presentation Tools and supplies Office supplies Conference Presentation Lift & Loop Toilets Quarterly Monitoring Service Equipment repair supplies Conference presentation IT professional services Office supplies Equipment repair supplies Joint sealant/water repellant Conference Presentation Roof sealant Safety training Marking paint & flags Filing fee Upgrade and Water Import Dock Space Lease Page 2 80.03 100.00 23,195.00 310.14 538.04 17,472.00 162,662.00 4,500.00 50.00 100.00 298.00 27,032.30 7,950.64 787.48 470.25 100.00 72.00 5,399.90 100.00 416.25 2,401.63 100.00 169,535.87 1,655.00 5,106.59 30.00 549.20 50.00 166.41 21.85 5,450.00 100.00 313.99 70.58 100.00 1,858.00 84.00 208.80 2,900.00 1,098.80 238.65 1,628.85 47,920.00 100.00 312.20 6,017.58 441.74 50.25 3,441.00 2,666.67 Stillwater Collision and Mechanical Stillwater Motor Company Stillwater Towing SW/WC Service Cooperatives Swank Heidi T.A. Schifsky and Sons The Alternator & Starter Store Thomson Reuters TKDA Toll Gas and Welding Supply Tree Trust Tri-State Bobcat US Bank Valley Trophy Inc. Van Thomme Joe Vang Kong Visu-Sewer Inc. Young Dan Zahn Tom Zee Medical Service Zschomler Kristen Vehicle repair Service Towing service Retiree Health Insurance Conference Presentation Asphalt Starter parts Information Charges Signal System Revisons EVP Cylinders Timber staircase at City Hall Equipment repair supplies Paying agent fees Name plates Conference Presentation Refund of overpayment of parking Manhole grouting Reimburse for expenses Conference Presentation First aid supplies Conference Presentation Page 3 2,117.55 190.52 150.00 27,406.97 100.00 1,809.00 470.00 158.12 899.33 48.11 11,626.52 148.52 2,000.00 163.65 100.00 3.00 3,575.00 344.72 100.00 220.70 100.00 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1172 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; (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 21 st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. 1171 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% (2) Additional setback standards Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) McKusick Road (Neal Ave. to Co Rd. 15) 100 feet 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) Railroad 100 feet 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 T . e 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) 2 Use Type Uses NC 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 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 3 Use Type Uses NC 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) 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 4 Use Type Uses NC 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 Parkinglot Institutional Schools, business and technical Schools and studios for arts and crafts, photography, music, dance CUP Educational institutions, schools 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 20 5 Use Type Uses NC 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 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 SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City Code was amended to enact City Code Section 31-324.2, Neighborhood Commercial zoning district, and to modify City Code Section 31- 6 325, to determine allowable uses in future Neighborhood Commercial zoned properties. SECTION 4 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 5 EFFECTIVE DATE. This Ordinance shall be -effective after its passage and publication according to law. Approved this 21st day of September, 2021. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor 7 City of Stillwater Washington County, Minnesota ORDINANCE NO. 1170 AN ORDINANCE AMENDING STILLWATER CITY CODE CHAPTER 31-325, ALLOWABLE 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 I 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. Approved this 21 st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. 1173 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. 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 mean the city. (2) Wherever the term "corporate counsel" is used in the state Minnesota State Fire Code, it shall 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 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, HR Manager DATE: September 15, 2021 SUBJECT: 2022 Group Insurance Premiums and Related City Contributions BACKGROUND The City of Stillwater's Labor Management Insurance Work Group solicited and evaluated bid proposals from the market for 2022 group health insurance plans. Its current provider, Southwest West Central Service Cooperative (SWWC), announced its intent to contract with Medica in 2022. When the Labor Management Insurance Work Group reviewed Medica's plan designs, it learned Medica's network excludes most medical providers used by City employees. Blue Cross Blue Shield of Minnesota provided 2022 rates at a decrease of thirteen (13) percent when compared to 2021 premium rates and contracting with BCBSMN Direct was found to be in the best interest of the City. City staff recommend contracting its group health insurance plans for 2022 directly with Blue Cross Blue Shield of Minnesota whose monthly premiums reflect a thirteen percent decrease in premium rate when compared to 2021. There was no change in the renewed rate for group dental insurance from Delta Dental. Inclusive of 2022, the rate has remained flat for the past five years. The City's 2022 contribution toward group health insurance was approved by Council as part of approving resolutions pertaining to the 2021-2022 collective bargaining and nonrepresented employee agreement process. RECOMMENDATION Staff recommends adoption of the resolution entitled, "Approving Health and Dental Insurance Premiums and City Contribution Effective January 1, 2022." City of Stillwater Washington County, Minnesota RESOLUTION 2021-XXX APPROVING 2022 HEALTH AND DENTAL INSURANCE PREMIUMS AND CITY CONTRIBUTION BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the monthly premium rates for the City's group health and dental insurance, health savings accounts, and flexible spending accounts scheduled to become effective January 1, 2022, as listed below, be approved: HEALTH INSURANCE SINGLE FAMILY Gold Aware Network Plan Gold High Value Network Plan High Deductible Health Plan Aware High Deductible Health Plan High Value Network DENTAL INSURANCE Delta Dental Renewal $ 762.44 $ 706.19 $ 592.13 $ 544.15 $1,990.32 $1,843.50 $1,545.74 $1,420.48 SINGLE FAMILY $ 42.10 $ 124.50 BE IT FURTHER RESOLVED, the City shall contribute the following annual amount toward a Health Savings Account for employees who enroll in a High Deductible Health Plan with Health Savings Account (H.S.A.) administered by Further, St. Paul, Minnesota (prorated per month of hire): HEALTH SAVINGS ACCOUNT Health Savings Account City Contribution SINGLE FAMILY $ 750.00 $1,500.00 BE IT FURTHER RESOLVED, the City shall contribute the following toward the City's group health plan insurance premiums for all benefits -eligible employees enrolled in Blue Cross Blue Shield MN Direct: $1,261.86 per month BE IT FURTHER RESOLVED, the City shall contribute $42.10 per month toward the City's Delta Dental plan insurance premiums for all benefits -eligible employees; BE IT FURTHER RESOLVED, the City contributions shall be prorated in accordance with the appropriate collective bargaining agreements and employment agreements for those benefits -eligible employees that receive prorated benefits. Adopted by the Stillwater City Council this 21st day of September 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. 1174 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 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: 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. 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. 2 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. Subd. 2. The following city individuals may issue administrative citations pursuant to city code Section 22-10: (1) Peace officers and part-time peace officers; (2) Community service officers; (3) Zoning administrator; (4) Building official; (5) Fire Chief, Fire Marshal, or designee; (6) Parking enforcement officers; (7) Code enforcement officers; (8) City Clerk; (9) City Engineer or designee; (10) Community Development Director or designee; (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 21st day of September, 2021. CITY OF STILLWATER ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor 3 Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, HR Manager DATE: September 15, 2021 SUBJECT: Renewal Agreement for OSHA and Safety Training and Consultation BACKGROUND The City of Stillwater operates programs and services that fall under the United States Department of Labor, Division of Occupational Safety and Health Administration (OSHA) and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration program umbrella. Doing so requires ongoing education and training of its employees. SafeAssure Consultants, Inc. (SafeAssure) provides the City of Stillwater with services that include OSHA compliance recommendations and consultation, scheduled classroom -training sessions, writing and maintaining mandatory OSHA programs. The firm has provided the City of Stillwater with reasonable and appropriate safety and loss control training for the past ten years. The City is satisfied with the service it receives from SafeAssure, and recommends renewal of a service agreement for $6,017.58 with SafeAssure for 2021-2022. RECOMMENDATION Staff recommends approval of the resolution entitled, "Approving SafeAssure Consultants, Inc., 2021-2022 Service Agreement." City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING SAFEASSURE CONSULTANTS, INC., ANNUAL SERVICE AGREEMENT WHEREAS, the City of Stillwater, complies with the United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration programs; and WHEREAS, SafeAssure Consultants, Inc., agree to provide the City of Stillwater with services that include OSHA compliance recommendations and consultations, scheduled classroom -training sessions, writing and maintaining mandatory OSHA programs; and WHEREAS, the SafeAssure Consultants, Inc., has provided the City of Stillwater with reasonable and appropriate safety and loss control practices in previous years. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves renewal of a one-year service agreement with SafeAssure Consultants, Inc., effective October 1, 2021, to September 30, 2022 for $6,017.58. Adopted by the Stillwater City Council this 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk STAFF REQUEST ITEM 1 Department: MIS Date: 8/26/2021 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of ceiling array microphones for the Conference Room 213. There have been problems with tabletop microphones picking up voices unless the speaker speaks directly into the microphone. This solution will provide better coverage for all speakers in the room without the need to speak directly into the microphones. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The total cost of this solution is $8.576.25. Money was not allocated for this project but it has been given a higher priority and money that was allocated for another project with lower priority will be used. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman ( �k)h W I . i;%t21 -----F,vut 064 OM Aiiiims7z447-02_ Date: 8/26/2021 ROPOSAL Chambers conference room ceiling mic add City of Stillwater 216 North Fourth Street Stillwater, MN 55082 United States Presented By: Advanced Systems Integration, LLC Wayne Lusthoff II 763-226-1798 wayne.lusthoff@asi-mn.com Revision: 0 Modified: 8/24/2021 ADVANCED SYSTEMS INTEGRATION Page 1 of 12 SCOPE OF WORK The Sennheiser Ceiling Array Microphone will be installed in the back half of the Council Chambers.This microphone will be used during local meetings when the room is separated along with overflow capabilities when the room is combined with the chambers. The QSC touch panel will have a microphone mute button added. The QSC control will be modified so that the microphone will default to stand alone mode unless the control operator changes the status of the room. 1 ASI Misc Installation Materials Misc Installation Materials 1 ASI Shipping Shipping 1 Audinate ADP-USB-AU-2X2 2x2 USB I/O Adapter for Dante Audio Network 1 Crestron Electronics PWE-4803RU PoE Injector 1 Sennheiser TEAM CONNECT CEILING 2 WITH EXTENSION BRACKETS TeamConnect Ceiling 2 Microphone kit. Includes (1) TeamConnect Ceiling 2 microphone, (1)Set of SL CM EB mounting brackets, and (1) TCC2 box kit. 1 Sennheiser TeamConnect Ceiling 2 Cable Suspension Kit Ceiling Microphone Suspension Kit Chambers $250.00 $ 320.00 $133.75 $62.50 $3,900.00 $15 3.27 Chambers Total $4,819.52 Project Subtotal: Price Includes Accessories $4,819.52 Chambers conference room ceiling mic add Ph'i a No GT_.10.13 Page 2 of 12 PROJECT SUMMARY Equipment: Labor: $4,819.52 $3,756.73 Grand Total: $8,576.25 Chambers conference room ceiling mic add 'llt'-.s 'No DT-+r?31. Rom,' i !3 it Page 3 of 12 Memo DATE: September 2, 2021 TO: Mayor and City Council FROM: Sharon Provos, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3r1 quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for Address 1 Leaking Toilets From 64,000 3rd 2811 Nightingale Ct 2nd Qtr To 12,000 2 Leaking Toilet From 64,000 3rd 2811 Nightingale Ct To 12,000 3 Leaking Toilet From 82,000 3rd 503 StillwaterAve W To 15,000 4 Leaking Toilet From 19,000 3rd 918 5th Ave S To 8,000 5 Softener Malfunction From 41,000 3rd 150 Bridgewater Way To 15,000 6 Leaking Toilet From 28,000 3rd 6407 St Croix Tr N To 11,000 7 Leaking Toilet From To 3rd 8 Leaking Toilet From To 3rd FG MINNESOTA OEPARTMENT OF PUEILIC 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 Date organized Valley Chamber Chorale Jan 1, 1975 Address 216 Myrtle St. W. #352 Name of person making application City Stillwater Jodi Gager Date(s) of event Dec. 3-5, 2021 Organization officer's name Mary Heston Dahl Organization officer's name Organization officer's name Organization officer's name Location where permit will be used. If an outdoor area, describe State Tax exemptnumber 131587 Zip Code MN 55082 Business phone 651-430-0124 Home phone 507-327-4502 Type oforganization Microdistillery Small Brewer LI Club LI Charitable ❑ Religious LI Other non-profit Zip Code City White Bear Lake City City City State MN State State State 55110 Zip Code Zip Code Zip Code Washington County Historic Courthouse 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. Auto -Owners Insurance Co - $1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT Cityof Stillwater City or County approvingthe license $25/day = $75 Fee Amount 9/16/2021 Rect #236245 Date Approved Permit Date bwolf@ci.stillwater.mn.us Date Fee Paid 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 McNNtf/. gi'PAS) !MPNf If* Wallkill,. ,u-fv Alcohol & Gambling Enforcement 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 Name of organization !Washington County Historical Society Address 602 N. Main Street Name of person making application Date organized 1941 City Stillwater 1Brent Peterson Date(s) of event October 14, 2021 Organization officer's name David Lindsey, president Organization officer's name Tom Simonet, treasurer Organization officer's name Brent Peterson, Executive Director Organization officer's name Location where permit will be used. If an outdoor area, describe State RECEIVED SEP 0 7 1011 City of Stillwater Administration Tax exemptnumber 41-6038333 Minnesota Business phone 651-439-5956 Zip Code 55082 Home phone 051-208-5734 Type of organization ❑ Microdistillery ❑ Small Brewer LJ Club LJ Charitable L] Religious LJ Other non-profit City State Zip Code Cottage Grove City Stillwater City Stillwater City MN State MN State MN State 55016 Zip Code 55082 Zip Code 55082 Zip Code 1862 S. Greeley Street, Stillwater, MN 55082 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. Minnesota Joint Underwriting Association APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT CityofStillwater uty or Lounty a pprovingthe license $25/day = Fee Amount Date Approved Permit Date bwolf@ci.stillwatermn.us Date Fee Paid 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 StIllr Administration Date: September 17, 2021 TO: Mayor and Council FROM: Beth Wolf, City Clerk SUBJECT: Washington County Municipal Recycling Grant Each year staff applies for and receives a grant from Washington County to develop and implement recycling projects within the City. The funding formula provides three levels of funding: Base, Project, and Incentive. In May of 2021 Council approved the Municipal Recycling Grant agreement that contained the Base and Project grant funding of $35,406. One of the projects this year is to purchase and install more recycling containers downtown and in Lowell Park. The cost of the recycling containers exceeded the Project grant amount therefore staff applied and received an Incentive grant to cover the remaining cost. Attached is the Washington County Recycling Incentive Funding Agreement that will allow us to use the Incentive grant toward the purchase of the recycling containers. ACTION REQUIRED: Staff recommends Council should pass a motion approving the Washington County Recycling Incentive Funding Agreement. SERVICE CONTRACT WASHINGTON COUNTY Vendor Name City of Stillwater Address Contract # Dept. Public Health and Environment 216 4th St. N. Stillwater, MN 55082 Term of Agreement September 16' 2021- December 31st 2021 Scope of Service Fed ID # Phone # Date Cost September 16, 2021 $9,000 Contractor, hereinafter referred to as the City of Stillwater, will partner with Washington County to implement a single stream recycling program in downtown Stillwater and Lowell Park by providing the services set forth in Exhibit A. The City of Stillwater shall be paid for services as outlined in Exhibit B. Any costs not itemized, or exceeding what is outlined in Exhibit B, will be the City of Stillwater's responsibility. The total payment for these services provided under this agreement shall not exceed $9,000.00. Indemnification — Notwithstanding any other provision to the contrary, the contractor agrees to indemnify, defend and hold harmless the County, its officers, employees and agents for any and all claims arising out of the contractor's activities related to the services provided under this agreement. Insurance Requirements The contractor agrees that in order to protect itself, as well as the County, from claims arising out of the contractor's activities under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing the following checked -off liabilities, in an amount equal to the County's liability limits set forth in Minnesota Statute Chapter 466 and the workers compensation requirements in Minn. Stat. Chapter 176. The Contractor agrees as a condition subsequent to increase the required insurance coverage as the liability limits in section 466.04 increase. Nothing in this Agreement shall constitute a waiver by the County of any statutory limits upon liability. Certificates of insurance showing the coverage listed above shall be provided to the County prior to the effective date of this Agreement. All such policies shall provide that they shall not be canceled, materially changed, or not renewed without thirty days prior notice thereof to the County. • General Liability • Automobile Liability • Hired/Non-Owned Liability ❑ Professional Liability ❑ Worker's Compensation (if applicable) ❑ Insurance Requirements Waived, except for Worker's Compensation Data Practices - All data collected, created, received, maintained, or disseminated for any purpose by the activities of the contractor, because of this agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The contractor is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the contractor. Record Disclosures/Monitoring - Pursuant to Minn. Statute 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the contractor relevant to the contract are subject to examination by the County, and either the legislative auditor or the state auditor, as appropriate. The contractor agrees to maintain these records for a period of six years from the date of termination of this agreement. Nondiscrimination - During the performance of this agreement, the contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed to national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. Compliance with Law - The contractor shall abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted insofar as they relate to the contractor's performance of the provisions of this agreement. Firearms Prohibited — Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Vendor or Contractor (depending upon which term is used) shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the agreement; and, in addition to any other remedy available to the County under law or equity. Violation of this provision is grounds for immediate suspension or termination of this agreement. Independent Contractor — Parties agree that the vendor is acting as an independent contractor under this agreement. Condition Subsequent - Language will be included here, if applicable, as advised by the County Attorney's office. Subcontracting and Assignment — The contractor shall not enter into any subcontract for performance of any services contemplated under this agreement nor novate or assign any interest in the agreement without the prior written approval of the county. Any assignment or novation may be made subject to such conditions and provisions as the county may impose. The contractor is responsible for the performance of all subcontractors. Washington County Vendor Title Date Title Date Approved as to form: Asst. County Attorney Exhibit A Downtown Stillwater & Lowell Park Recycling Bins SCOPE OF SERVICES Downtown Stillwater is home to many small business and restaurants. Lowell Park, located on the St. Croix River to the north of the historic lift -bridge, is a gathering place in the community where music, entertainment, and other activities take place. Through -out the year, the downtown and Lowell Park area see high levels of use from both residents and tourists. Both the downtown and park area currently have 20 bins in place. The City of Stillwater is interested in pairing recycling bins with the existing trash infrastructure. The City of Stillwater is using their municipal grant funds to purchase 14 recycling bins and is requesting incentive funding to cover the remaining cost of 5-6 bins not currently covered by their municipal grant funding. With support from Washington County, the City would like to pair a single stream recycling program and implement best practices in locations throughout Downtown and Lowell Park areas. Figure 1. Existing trash bins on left with new recycling bins to be paired with on right. Recycling bins will be equipped with restrictive disposal openings to encourage proper recycling participation from users with the goal of preventing contamination. In addition, bins will use image -based signage that matches existing signage on other bins in the area. The most common recyclable items to be represented include plastic beverage bottles, aluminum cans, and paper programs. To manage the new recycling program across the area, trash and recycling collection happens every day of the week and sometimes is checked more than once per day. Pickup trucks and 1-ton trucks are used for collection, with 2-4 city staff doing daily collection. When there are downtown events, extra collection occurs. Different bag types for trash and recycling are used to correctly fit the containers and also to help decipher trash from recycling. The County will: • Communicate directly with the city and contractor regarding any matters related to the program • Approve purchases and reimburse funds to supply the city of Stillwater recycling bins for the Downtown area and Lowell Park • Provide guidance with promotional and educational materials • Provide the county logo to be used in promotional and educational materials • Provide specifications for the development of a case study(s) The City of Stillwater will perform the following tasks: Establish Recycling Service and Install Bins throughout the Downtown and Lowell Park Area • In addition to this agreement, fund 14 St. Croix Recreation Side Door Bins and shipping costs throughout the downtown and Lowell Park Area as part of the Washington County Municipal Recycling Grant • Establish and fund recycling and trash collection in Downtown Stillwater and Lowell Park • Ensure bins are serviced at a frequency that prevents overflowing bins • Order and install all single stream recycling bins with appropriate signage • Ensure that all bins are labeled as trash or recycling and lined properly with plastic bags • Provide plastic bags for the recycling bins that are different in color than plastic bags for the trash bins to ensure material is managed correctly • Empty recyclables from plastic liners before placing into recycling dumpster Staff Training • Conduct staff training so that all employees understand the new protocol for lining the waste and recycling bins and transporting each stream to their separate dumpsters • Ensure that training regarding waste and recycling participation, handling, and removal is part of the onboarding process for new employees and occurs in an ongoing capacity for all employees Education and Promotional Material • Utilize posters, announcements and well placed signs to encourage the public to take note of the recycling program and entice their participation • Utilize city's social media and other communication channels to promote and educate public on program • Credit Washington County for providing funds to implement recycling program on signs, posters, the city's website and in social media campaigns. Program Monitoring, Evaluation and Reporting • Monitor bins to determine if placement is adequately addressing waste and recycling needs, notifying the county of any concerns or if adjustments are necessary • Report to the county both pre -implementation and post -implementation collection costs and quantities of material for both recycled and trash • Agree to comply with Minnesota Statutes 115A.46, subd. 5 and 115A.471 by delivering all waste to the Recycling & Energy Center (see exhibit C) • Follow up with the county following post -implementation to review education and promotion plans, participation rates and service levels • Complete a case study and lessons learned for the improved outdoor recycling program in Downtown Stillwater and Lowell Park 6 months after implementation • Present results and case study at a quarterly recycling coordinator meeting • Address staff and public feedback to continually improve program Exhibit B Downtown Stillwater and Lowell Park Recycling Program BIN COSTS AND METHOD OF PAYMENT The city of Stillwater will purchase needed supplies directly from the vendors listed in the budget. The county will disburse funding to the city after receiving receipts of amount paid -to -date from the city. The total contract amount will not exceed $9,000.00. Payment breakdown for bins will be as follows: Expense Quantity Price per unit Total St. Croix Recreation Side Door Bin 6 $1,364.48 $8,186.88.00 Other $813.12 Total County cost $9,000.00 Washington County Exhibit C Washington County Department of Public Health & Environment Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated at Lowell Park & Downtown Stillwater in Stillwater, MN must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Recycling & Energy Center for disposal. Failure to comply with this provision shall constitute a breach of the service contract. I (name) (Title) for the Municipality of (City) , MN verify that said municipality will, through the length of the contract, comply with Minnesota Statutes 115A.46, subd. 5 and 115A.471 by delivering all waste generated by activities and contracts/agreements to the Recycling & Energy Center. In the space below, please provide the name of your municipal solid waste provider(s). City of Stillwater Signature: Title: Date: Uwater THE BIRTHPLACE OF MINNESOTA PLANNING REPORT TO: City Council MEETING DATE: September 21, 2021 APPLICANT: Reuter Walton LANDOWNER: 200 Chestnut Partners, LLC (Reuter Walton) REQUEST: 200 Chestnut Apartments: Confirm TIF Plan in Conformance with Comprehensive Plan LOCATION: 200 Chestnut Street COMPREHENSIVE: Downtown Mixed Use PLAN: DISTRICT: CBD: Central Business District REPORT BY: Tim Gladhill, Community Development Director CASE NO.: CPC-2020-60 INTRODUCTION On May 4, 2021, the City Council approved a series of Applications related to the proposed 200 Chestnut Apartment Development, a 4-story, 61-unit apartment with 72 underground parking stalls. The City is now reviewing a request for Tax Increment Financing (TIF). Tax Increment Financing is a financial tool available to cities that captures the new taxes generated by a new project within a specific geographic area instead of being distributed to the City, County and School District. It is important to note that current taxes (base value) are still distributed to these three (3) taxing jurisdictions. It is only the new captured value (increment) that is kept within the district for eligible costs. Once the eligible costs are reimbursed over time, the new captured value is then brought into the City's overall taxable value and distributed to the standard taxing jurisdictions (City, County, School District). SPECIFIC REQUEST ASSESSEDVAEUE (AV) f Value Capture - How itWorks 0 INCREMENTAL ASSESSEDVALUE BASE ASSESSED VALUE CREATED 14- VALUE CAPTURE PERIOD TERMINATED September 17, 2021 Page 2 The City Council is asked to approve the Tax Increment Financing Plan for proposed Tax Increment Finance (TIF) District #14 for the 200 Chestnut Street Development. Specifically, the Developer is requesting assistance in the amount of $2.2M (net present value) paid over 16 years. Adjusted for inflation over the life of the District (4% annually), total increment paid to the project is approximately $3.2M. Please note that the attached TIF Plan is structured at 20 Years to provide flexibility, but will be modified to 16 Years if approved by the City Council. Future Steps. The City Council will have a couple of other actions to take at a future meeting, once the TIF Plan is approved. 1. TIF Agreement 2. Standard Development Agreement ANALYSIS Public Financing The primary action of this particular case is for the establishment of TIF District #14 and to approve a TIF Plan for the 200 Chestnut Apartments within proposed TIF District #14. The project qualifies as a Redevelopment District, as the project will remove a vacant, blighted and substandard structure and parking structure. More detailed analysis is included in the attached TIF Plan. First and foremost, it is important to note that all current taxes collected will continue to be collected and distributed to appropriate taxing jurisdictions (Base Value - City, County, School District). Secondly, it is equally important to note that the new project will still pay taxes on the increased value of the new project. The different for this new value (increment) is that the Increment is captured within the newly established TIF District and used to finance eligible costs. The City uses a number of standards to analyze the appropriateness of assistance including, but not limited to the following. • Extraordinary Costs not typical of standard project • Land Value is not arbitrarily inflated by the financial assistance • Developer Return on Investment (ROI) o The Developer ROI is below industry standard without the assistance o The Developer ROI does not exceed industry standard with the assistance • Community/Public/City Return on Investment (ROI) o The Project will advance our land use vision and goals o The Project will ultimately lead to an increased standard tax base within a reasonable time that would not be realized without the assistance As evidenced by the attached TIF Plan, the proposed development meets the appropriate review standards and requirements of Minnesota Statutes pertaining to Tax Increment Financing. The September 17, 2021 Page 3 Developer has been able to demonstrate approximately $3.3M in Eligible Costs (as defined by Minnesota Statutes). Staff and the City Council's Tax Committee have negotiated with the Developer to an amount of $2.2M (net present value) of truly `extra -ordinary costs', now representing the amount of assistance. The negotiation process with the City's Tax Committee resulted in a reduction in the request of $1.1M (net present value). Additionally, while not directly fmanced through Tax Increment Financing, the overall Developer Pro -Forma allows for the execution of a Parking Mitigation Fee established as part of the Zoning Approval Phase of the Project. The project was short 39 parking spaces in order to meet Zoning Requirements. The City and Developer negotiated a fee of $20,000 per stall for a total Parking Mitigation Fee of $780,000. Additionally, the City has several protections to ensure that the project is completed as proposed. • PayGo TIF Note o The Developer is financing all costs and reimbursed through annual tax payments administered through the City. The City is not fmancing any of the assistance. The risk of tax payments coming in lower than forecasted is borne by the Developer. • Minimum Assessment Agreement o While already mitigated by the PayGo Note format, the Developer must enter into a Minimum Assessment Agreement to ensure that the Property Owner cannot context their property values in the future that would result in a lower Increment than forecasted. This is more important in situations where the City finances a portion of the project and pays itself back through Tax Increment, which is not the case with this current PayGo arrangement. • Look Backs o The City will evaluate the project costs upon completion to ensure that the eligible costs proposed by the Developer are actually constructed. No Tax Increment is paid if the Developer is not able to prove completion of eligible costs. o The City could establish a long-term lookback whereby, in a situation where the project sells within a defined period for a significantly higher amount than the forecasted value, the City could look at reducing the amount of the TIF Note. Land Use and Comprehensive Plan Conformance The Planning Commission also reviewed the request in the context of conformance with the City's Comprehensive Plan. This review not only ensures that public financing is not provided to a project that conflicts with future plans, it also helps demonstrates why public financing is appropriate and helps advance our future goals. As demonstrated by traditional zoning approval, the project appears to be consistent with the Comprehensive Plan in terms of land use. The Comprehensive Plan is the broader planning and visionary document for land use for the City. Specifically, the Comprehensive Plan guides this site as Downtown Mixed Use. The Comprehensive Plan states as follows as it relates to the Downtown Mixed Use designation: Historically the downtown area has been guided for commercial land uses, but the Mixed Use label is being used in the 2040 Land Use Plan because it more accurately reflects the evolving nature of the area. Stillwater's downtown offers both the community and the region a vibrant, mixed use center. The range of uses includes residential, retail shops, September 17, 2021 Page 4 restaurants, offices and other commercial uses. Redevelopment sites are expected to include a mix of residential (30%) and commercial uses (70%). The Downtown Mixed Use category may range from 100,000 to 500,000 square feet in size and Floor Area Ratio may range from 0.25 to 2.00. Buildings may range from 1 to 4 stories in height and residential components may range from 25 to 50 units per acre, with increases allowable through the Planned Unit Development process. Projects should incorporate more of an urban environment, with a variety of public spaces and pedestrian - friendly streets. Housing Chapter Additionally, the Comprehensive Plan lays out the following Housing Goals: 1. Provide a quality living environment for the residents of Stillwater by maintaining and improving the city's existing housing stock and by planning for a range of new housing opportunities. 2. Provide a balanced choice of housing types and densities suitable to a wide range of demographic groups, with a focus on life cycle housing. 3. Establish a housing pattern that respects the natural environment while striving to meet local housing needs and the community's share of metropolitan area housing growth. 4. Establish a community of well -maintained housing and neighborhoods including ownership and rental housing. Specifically, the Housing Chapter of the Comprehensive Plan outlines a potential need for 197 units of this density type by 2040 to meet local housing needs for area economic development. Economic Development Chapter Furthermore, the Economic Development Chapter of the Comprehensive Plan outlines the following economic development tactics and guidance: • Financial resources are limited • Financial decisions require long-term perspective • Public funds should lead to private investment The Economic Development Chapter specifically calls out Tax Increment Financing as a primary tool to advance projects to achieve our Comprehensive Plan goals. Finally, the Comprehensive Plan welcomes residential uses are a welcome addition to the highly - developed and walkable downtown area. The Comprehensive Plan states a community goal to "develop a land use plan that fosters economic growth and evolution [...] and welcomes both residents and visitors" and guides development to "sensitively develop prime Downtown property using a compact mixture of commercial, office [...] and residential". Additionally, the plan sets economic development goals to "provide new locations for Downtown housing to support Downtown retail and entertainment goals". The project helps support these goals. ALTERNATIVES September 17, 2021 Page 5 1. Approve the Tax Increment Financing Plan and direct Staff to bring forward final Development Agreements 2. Approve above with modifications 3. Deny the Tax Increment Financing Plan 4. Table the resolution for further discussion and clarification RECOMMENDATION The City Council Tax Committee (Junker, Polehna) recommend approval of the Tax Increment Finance Plan in the amount of $2.2M (net present value) for a period of 16 years. Attachments: Site Plan Materials Resolution TIF Term Sheet TIF Plan Washington County Comment Letter Slide Deck cc: Ari Parritz, Rueter Walton Nick Walton, Rueter Walton PROJECT VISION The proposed project will redevelop a site currently occupied by a 1960's-era two-story commercial building and parking structure into a new 61-unit residential apartment community with 73 below -grade park- ing stalls. The residential unit mix will be composed of one -bedroom, two -bedroom and penthouse units which will accommodate a wide variety of households including young workers in the local tourist -based econo- my, families, and empty nesters. The building amenities will include an inviting ground floor lobby oriented toward Chestnut Street, and a main level club room with access to a large outdoor patio facing Union Alley. The fourth floor, stepped significantly back from the street on all sides, will house three penthouse residences as well as a small club room and outdoor terrace for use by residents and their guests, featuring views of downtown Stillwater's rooftops and the bluff beyond. The design of the building draws heavily from the 19th-century character of downtown Stillwater. The simple building volumes will be clad in warm masonry and punctuated with vertically proportioned windows. The invit- ing pedestrian scale of the building will especially improve the character of Myrtle Avenue, helping to link the downtown core to the bluff top dis- trict. The 100 or so new residents will become regular patrons of the bars, restaurants and shops that make Stillwater such a unique community. PROJECT METRICS Level Total Construction GSF Plaza / Roof Terrace GSF Total Enclosed GSF Parking/ Mech GSF Residential Stalls Public Parallel Stalls Total Residential GSF Amenity GSF RSF Circulation GSF Units Efficiency (RSF/GSF) Minus 1 27,958 27,958 27,958 73 Level 1 25,883 2938 22,945 1,716 26 21,229 2,182 16,303 2,744 18 76.8% Level 2 22,620 22,620 22,620 20,217 2,403 20 89.4% Level 3 22,620 22,620 22,620 20,217 2,403 20 89.4% Level 4 8,990 3138 5,852 5,852 749 4,633 470 3 79.2% Total 108,071 6,076 101,995 29,674 73 26 72,321 2,931 61,370 8,0201 61 Unit Metrics Studio Alcove 1 Bed 1 Bed + D 2 Bed Total Levell 5 7 2 4 18 Level2 4 6 2 8 20 Level3 4 6 2 8 20 Level4 3 3 Total 0 13 19 6 23 61 Bedrooms 13 19 12 46 90 PROJECT ANALYSIS Zoning Analysis Lot Size (gsf) 29,035 Lot Size (acres) 0.67 Proposed FAR 2.49 Proposed DU/acre 92 Zoning District CBD: Central Business District Downtown Height Overlay Historic Building Adjacency no adjacent buildings Max height 3 Stories / 37' Proposed height 4 Stories / 48.5' Required Parking 92 Residential, 20 Guest Proposed Parking 73 Residential, 26 Parallel Stalls Building Area Analysis Site = 29,035 SF Level GSF % Site Minus 1 27,958 96% Level 1 25,883 89% Level 2-3 22,620 78% Level 4 8,990 31% esG REUTER ALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN PROJECT SUMMARY 3 2ND STREET S 0 AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY ELEVATOR OVERRUN CURRENT DESIGN AND UPDATED HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 1'-0" esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SOUTH ELEVATION - HEIGHT 11 2ND STREET S AVERAGE GRADE PLANE BETWEEN 2ND AND UNION ALLEY CURRENT DESIGN AND UPDATED HEIGHT ANALYSIS UNION ALLEY Scale: 1/16" = 1'-0" esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN WEST ELEVATION - HEIGHT 13 esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN BIRDS EYE VIEW - SOUTHEAST 16 esc REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN BIRDS EYE VIEW - NORTHWEST 17 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN SE CORNER VIEW 19 esG R EUTER WA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LOOKING WEST ON MYRTLE ST 24 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LOOKING NORTH ON UNION ALLEY 27 MYRTLE STREET SOUTHEAST 2'-5" TO P.L. 3' - 0 3/8" TO P.L. 1,307 SF ALCOVE 540 SF ALCOVE 540 SF 1,262 SF GARAGE ACCESS 21 -1- RAMP DOWN PARKING 1,716 SF 20 — SCREENED TRANSFORMER 1 BED 895 SF 1 BED 887 SF 19 UNION ALLEY 1 BED 856 SF 1 BED 986 SF TERRACE 2,938 SF 1 BED 856 SF CIRCULATION 2,586 SF 2ND STREET SOUTH 1 BED 986 SF 1,249 SF 1 BED 887 SF 6 ALCOVE 602 SF 1 BED + DEN 1,028 SF ALCOVE 602 SF 13 -1' - 4 1/4" TO P.L. LOBBY/LEASING 1,642 SF 1( FITNESS 540 SF 11 ALCOVE 540 SF 1,252 SF 1' - O" TO P.L. Scale: 1" = 20'-0" z Ow z > O oz 0 CHESTNUT STREET SOUTHEAST PLAN NORTH eSG REU TE R WA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 1 I Al 32 66'-0" 115' - 01' 66' - 0" 2 BED 1,309 SF 11 ALCOVE 540 SF ALCOVE 540 SF 2 BED 1,249 SF 2 BED 1,409 SF U w w 2 BED 1,342 SF U 1 BED + DEN 1,028 SF 1 BED 887 SF r❑�_ 66' - 0" 41'-0" 1 BED 864 SF CIRCULATION 2,403 SF 1 BED 986 SF 1 BED 864 SF 2 BED 1,251 SF 1 BED 986 SF 55' - 0" 2 BED 1,409 SF 1 BED 887 SF TrE 1 BED + DEN 1,028 SF 41' - 0" 2 BED 1,309 SF ALCOVE 540 SF 1 ALCOVE 540 SF 2 BED 1,249 SF ti 66' - 0" PLAN NORTH Scale: 1" = 20'-0" eSG R.EUTERWAL°ION DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 2-3 I A2 33 66' - 0" 115' - 0" 66' - 0" GREEN ROOF TRAYS PATIO PATIO GREEN ROOF TRAYS PATIO . -LI TERRACE 3,138 SF l r 11 III 1 T 2 BED 1,779 SF AMENITY 749 SF CIRCULATION 1,710 SF PLANTERS GREEN ROOF TRAYS Scale: 1" = 201-0" PLAN NORTH eSG REUTLI WALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL 4 I A3 34 2'-5" TO P.L. 247'-0" GARAGE EXHAUST LOUVER 0 RAM P UP n 1'-41/4" TO P.L. PARKING 27,958 SF 0 0 0 0 3.90%a 0 n r id1:6\ r TRASH 1 r, r, NVA S - STANDARD STALL = 8'-6" WIDE X 18'-0" DEEP C - COMPACT STALL = 8'-6" WIDE X 16'-0" DEEP Scale: 1" = 20'-0" PLAN NORTH eSG REUTLI WALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN LEVEL MINUS 1 I A4 35 esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #1 - EXISTING 41 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #1 - PROPOSED 42 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #2 - EXISTING 43 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #2 - PROPOSED 44 esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #3 - EXISTING 45 :-3 sas..... ▪ _. M r _ wir _ _ a w w�� ww'iwwr wrws�w �"'l�ImiimoolL4i a.r I raiw.aw i _' M- ` 1111111 iiUu11111 1111 .m m..� YiY.....i.i i w ty�_rl�s�ifw=��▪ ar� i,+�i _ iiPiRiwiwrFws. -mom- w �rrrw' �iwi�iwi �Mtawli Yrarr— _ ▪ sis:wMOW _ .r rww: r� �+• w.i M way_ ow esc REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #3 - PROPOSED 46 esG RED TERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - EXISTING 48 esG REUTERWALTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #4 - PROPOSED 49 esG R.EEUTER WA LT ON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - EXISTING 51 esG REUTERWA LTON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #5 - PROPOSED 52 esc REUTERWAL ION DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - EXISTING 54 esG REUTERWA L"l ON DEVELOPMENT 200 CHESTNUT STREET Stillwater, MN VIEW #6 - PROPOSED 55 City of Stillwater Washington County, Minnesota RESOLUTION NO. RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 14 WITHIN DEVELOPMENT DISTRICT NO. 1 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR; AND AUTHORIZING AN INTERFUND LOAN WHEREAS, it has been proposed that the City of Stillwater, Minnesota (the "City") (1) modify the Development Program for the Development District No. 1 (the "Development District"); (2) establish Tax Increment Financing (Redevelopment) District No. 14 therein (the "TIF District"); (3) approve and adopt the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "Act"); and (4) authorize an Interfund Loan (hereinafter defined); and WHEREAS, the City Council has investigated the facts and has caused to be prepared the Modification to the Development Program for the Development District (the "Development Program Modification"), and has caused to be prepared a proposed tax increment financing plan for the TIF District therein (the "TIF Plan"); and WHEREAS, the City has performed all actions required by law to be performed prior to the approval of the establishment of the TIF District, and the adoption of the Development Program Modification and TIF Plan, including, but not limited to, notification of Washington County and Independent School District No. 834 having taxing jurisdiction over the property to be included in the TIF District, and the holding of a public hearing upon published and mailed notice as required by law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater follows: 1. Development District. The City is not modifying the boundaries of the Development District. 2. Development Program Modification. The Modification to the Development Program for Development District No. 1, a copy of which is on file in the office of the City Administrator, is adopted. 3. Tax Increment Financing (Redevelopment) District No. 14. There is hereby established in the City within the Development District, Tax Increment Financing (Redevelopment) District No. 14, a redevelopment tax increment financing district, the initial boundaries of which are fixed and determined as described in the TIF Plan. 4. Tax Increment Financing Plan. The TIF Plan is adopted as the tax increment financing plan for the TIF District, and the City Council makes the following findings: 71087910v1 (a) The TIF District is a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 10, the specific basis for such determination is set forth in Section E of the TIF Plan. (b) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The reasons for such determination are set forth in Section J(2) of the TIF Plan. (c) In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan. The reasons supporting this finding are set forth in Section J(2) and Exhibit V of the TIF Plan: (d) The TIF Plan for the TIF District conforms to the general plan for development or redevelopment of the City as a whole. The reasons for supporting this finding are set forth in Section J(4) of the TIF Plan. (e) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise. The reasons supporting this finding are set forth in Section J(3) of the TIF Plan. (0 Section J and Exhibit V of the TIF Plan is incorporated herein by reference. 5. Public Purpose. The adoption of the TIF Plan for the TIF District, located within the Development District, conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities, to help prevent the emergence of blight, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Certification. The Auditor of Washington County is requested to certify the original net tax capacity of the TIF District as described in TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Administrator is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. Filing. The City Administrator is further authorized and directed to file a copy of the Modification and TIF Plan for the TIF District with the Commissioner of Revenue and the Office of the State Auditor. 2 71087910v1 8. Administration. The administration of the Development District is assigned to the City Administrator who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. 9. Interfund Loan. The City has determined that it may pay for certain costs (the "Qualified Costs") identified in the TIF Plan which costs may be financed on a temporary basis from the City's general fund or any other fund from which such advances may be legally made (the "Fund"). Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the Fund in order to finance the Qualified Costs. The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the following terms (which terms are referred to collectively as the "Interfund Loan"): (a) The City shall repay to the Fund from which the Qualified Costs are initially paid, the principal amount of $4,786,262 (or, if less, the amount actually paid from such fund) together with interest at 4.00% per annum (which is not more than the greater of (i) the rate specified under Minnesota Statutes, Section 270C.40, or (ii) the rate specified under Minnesota Statutes, Section 549.09) from the date of the payment. (b) Principal and interest on the Interfund Loan ("Payments") shall be paid annually on each December 31 commencing with the date the tax increments from the TIF District are available and not otherwise pledged to and including the earlier of (a) the date the principal and accrued interest of the Interfund Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District ("Payment Dates") which Payments will be made in the amount and only to the extent of available tax increments. Payments shall be applied first to accrued interest, and then to unpaid principal. (c) Payments on the Interfund Loan are payable solely from the tax increment generated in the preceding twelve (12) months with respect to the TIF District and remitted to the City by Washington County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, as amended. Payments on this Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with tax increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with tax increments. (d) The principal sum and all accrued interest payable under this Interfund Loan are pre -payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from tax increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other 3 71087910v1 costs incident hereto except out of tax increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the termination of the TIF District. (f) The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Adopted by the Stillwater City Council this 7th day of September, 2021. ATTEST: Beth Wolf, City Clerk 4 CITY OF STILLWATER Ted Kozlowski, Mayor 71087910v1 200 CHESTNUT PARTNERS, LLC REDEVELOPMENT OF 200 CHESTNUT STREET CITY OF STILLWATER, MINNESOTA Draft Term Sheet for TIF Agreement AUGUST 26, 2021 I. Project Summary a. Redevelopment of existing substandard building into 61-unit apartment building b. Total development cost estimate: $22,795,287 c. Developer agrees to build the Project substantially in the form of the approved final development plan and estimated to cost $22,795,287 i. Commence in late 2021/early 2022 and complete in 2023 d. Extraordinary costs i. Site improvements include Demolition, Earthwork and Grading, Environmental Remediation, Landscaping, Parking Improvements, Site Utilities (e.g., Stormwater, Water, Sanitary), Streets and Sidewalks ii. TIF Note at 4% interest rate of $2,221,735 II. City Public Investment a. City agrees to invest in project through i. Establishment of Redevelopment TIF District 1. Pledge 90% annual tax increment generated for reimbursement of TIF eligible costs a. Developer will receive up to $2,221,735 Pay -As -You -Go TIF Note at a 4% interest rate b. City collection term of increment approximately 16 years with developer payments over 16 years c. First payment August 1, 2024 and final payment February 1, 2040 b. City will issue Pay -As -You -Go TIF Note to the Developer i. Developer pays for upfront development costs ii. TIF increment provided as reimbursement to Developer for TIF-eligible costs iii. Reimbursement to Developer TIF increment semi-annually and Developer uses the tax increment revenues to repay TIF Mortgage III. Agreement Summary 1. Developer: 200 Chestnut Partners, LLC 2. TIF District: Tax Increment Financing (Redevelopment) District No. 14 3. Property: Address: 200 Chestnut Street Legal Description: Parcel ID: 28.030.20.41.0001 4. Minimum Improvements: The construction of 61-unit multifamily apartment buildings 5. Construction Schedule: Commence construction by March 1, 2022, and, subject to unavoidable delays, substantially complete construction by September 30, 2023. 6. Lookback Provisions: Sale and Total Developer Investment — to be discussed 7. Business Subsidy Act Requirements (Minnesota Statutes, Section 116J.993 through 116J.995): (a) exempt per redevelopment clause 2 bakertilly Modification to the Development Program for Development District No. 1 and Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 14 within Development District No. 1 (200 Chestnut Project) City of Stillwater, Minnesota Prepared by Baker Tilly Municipal Advisors, LLC Dated: September 8, 2021 Anticipated Approval by City Council: September 21, 2021 Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. SECTION I — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Foreword 1 SECTION II —TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 14 Introduction 1 A. Definitions 1 B. Statutory Authorization 2 C. Statement of Need and Public Purpose 2 D. Statement of Objectives 2 E. Designation of Tax Increment Financing District as a Redevelopment District 2 F. Duration of the TIF District 3 G. Property to be Included in the TIF District 4 H. Property to be Acquired in the TIF District 4 I. Specific Development Expected to Occur Within the TIF District 4 J. Findings and Need for Tax Increment Financing 4 K. Estimated Public Costs 6 L. Estimated Sources of Revenue 7 M. Estimated Amount of Bonded Indebtedness 7 N. Original Net Tax Capacity 8 O. Original Local Tax Rate 8 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment 9 Q. Use of Tax Increment 9 R. Excess Tax Increment 10 S. Tax Increment Pooling and the Five Year Rule 10 T. Limitation on Administrative Expenses 11 U. Limitation on Property Not Subject to Improvements - Four Year Rule 12 V. Estimated Impact on Other Taxing Jurisdictions 12 W. Prior Planned Improvements 13 X. Development Agreements 13 Y. Assessment Agreements 13 Z. Modifications of the Tax Increment Financing Plan 13 AA. Administration of the Tax Increment Financing Plan 14 AB. Filing TIF Plan, Financial Reporting and Disclosure Requirements 15 Map of the Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV Market Value Analysis Report EXHIBIT V Redevelopment TIF District Qualifications Report EXHIBIT VI Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. City of Stillwater, Minnesota SECTION I — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Foreword The following text represents a Modification to the Development Program for Development District No. 1. This modification represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 1. The changes generally include the establishment of Tax Increment Financing (Redevelopment) District No. 14. For further information, a review of the Development Program for Development District No. 1 is recommended. It is available from the City Administrator at the City of Stillwater. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Development District No. 1. SECTION II —TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 14 Introduction The following text represents the Tax Increment Financing Plan for Tax Increment Financing District No. 14. Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "City" means the City of Stillwater, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Washington County, Minnesota "Developer" means 200 Chestnut Partners, LLC. "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development Program" means the Development Program for the Development District. "Project Area" means the geographic area of the Development District. "School District" means Independent School District No. 834, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District" means Tax Increment Financing (Redevelopment) District No. 14. Baker Tilly Municipal Advisors, LLC Page 1 City of Stillwater, Minnesota "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See the Development Program for the Development District. Section C Statement of Need and Public Purpose See the Development Program for the Development District. Section D Statement of Objectives See the Development Program for the Development District. Section E Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots, or other similar structures. (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: (i) have or had a capacity of more than 1,000,000 gallons; (ii) are located adjacent to rail facilities; and (iii) have been removed or are unused, underused, inappropriately used, or infrequently used. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. The supporting facts and documentation for this determination will be retained by the City for the life of the TIF District and are available to the public upon request. An analysis was completed by Reuter Walton Development to make this determination. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, Baker Tilly Municipal Advisors, LLC Page 2 City of Stillwater, Minnesota or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it cannot gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on - site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; (2) the demolition or removal of the substandard building was performed or financed by the City, or was performed by a developer under a development agreement with the City; the City found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF district, and (4) the City notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. (3) In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City may be included in the qualifying costs. Section F Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt by the City of the first tax increment. Modifications of this plan (see Section Z) shall not extend these limitations. Pursuant to Minnesota Statutes, Section 469.175, subd. 1(b), the City specifies 2024 as the first year in which it elects to receive tax increment from the TIF District, which is no later than four years following the year of approval of the TIF District. Thus, the City may collect increment from the district through December 31, 2049 for a maximum term of 25 years after receipt of first increment. The City anticipates the TIF District being decertified early to correspond with terms of a TIF agreement with the Developer. The assumptions and projections provided for within the TIF Plan have assumed a maximum 20-year term of collection. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Baker Tilly Municipal Advisors, LLC Page 3 City of Stillwater, Minnesota Section G Property to be Included in the TIF District The TIF District comprises of approximately .66 acres and includes adjacent streets and right- of-way located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel Number Legal Description 28.030.20.41.0001 LTS 1-3 BLK 25 STILLWATER BLKS 18-27 BLOCK 25 LOT 1 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 25 LOT 2 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 25 LOT 3 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER The area encompassed by the TIF District shall also include all streets and utility right-of-ways located upon or adjacent to the property described above, as illustrated in the boundary map included in Exhibit I. Section H Property to be Acquired in the TIF District The City does not anticipate acquiring or selling any property located within the TIF District. Section I Specific Development Expected to Occur Within the TIF District The Developer, 200 Chestnut, LLC is proposing to redevelop a site currently occupied by a 1960's-era two-story commercial building and parking structure into a new 61-unit residential apartment community with 73 below -grade parking stalls. The project site has been analyzed and the building qualifies as substandard and eligible for inclusion within the creation of a redevelopment TIF District. Redevelopment is expected to include extraordinary site development costs as necessary for new development to occur. Tax increment revenues are proposed to be used on correcting conditions that allowed for qualification of the project site including site development, demolition, public improvements, and other related eligible redevelopment costs, including allowable administrative expenses. Demolition and subsequent construction of the new development on the project site is projected to start in fall 2021. The project is expected to be fully constructed by December 31, 2022 and be 100% assessed and on the tax rolls as of January 2, 2023 for taxes payable 2024. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a redevelopment district; The City hired LHB to inspect and evaluate the property within the proposed Tax Increment Financing District No. 14 to be established by the City. The purpose of the evaluation was to determine if the proposed district met the statutory requirements for coverage and if the buildings met the qualifications required for a Redevelopment District. Baker Tilly Municipal Advisors, LLC Page 4 City of Stillwater, Minnesota A final report will be prepared for the City to retain on file in City offices for public inspection. The report contains the details of the findings summarized below regarding the substandard qualifications: • The TIF District consists of parcels that are occupied with 100 percent of the area of the proposed TIF District occupied (exceeding the 70 percent coverage test); • 100 percent (1 of 1) of the buildings in the proposed District contain code deficiencies exceeding the 15 percent threshold; • at least 50 percent of the buildings are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance, exceeding the more than 50 percent substandard test; and • The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. (2) The proposed redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The proposed project consists of the redevelopment of property within the City that consists of blighted property found to be substandard and will be demolished following establishment of the district. The City has identified significant and extraordinary costs including site development, demolition, public improvements and other redevelopment costs associated with redevelopment of the project site in conjunction with new development. The estimated total redevelopment costs for this property make the total cost of this effort significantly higher than costs reasonably incurred for similar developments on a clean site. The City's finding that the proposed redevelopment would be unlikely to occur solely through private investment within the reasonably foreseeable future is based on an analysis of the proforma and other materials submitted by the developer. No higher market value expected: If the proposed redevelopment did not go forward, for the same reasons described above, no significant alternative redevelopment of the proposed TIF area would occur. The existing building is currently substandard and it is highly unlikely that the improvements would be made on the property site without tax increment financing. In short, there is no basis for expectation that the area would redevelop or be renovated in any significant way purely by private action without public subsidy. Baker Tilly Municipal Advisors, LLC Page 5 City of Stillwater, Minnesota To summarize the basis for the City's findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: (3) a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is anywhere from $0 to some modest amount based on small scale renovation or redevelopment that could be possible without assistance; any estimated values would be too speculative to ascertain. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value over 20 years would be approximately $25,922,445, including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration (up to 20 years) of the district permitted by the TIF Plan is estimated to be $2,980,939 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $22,941,506 (the amount in clause b less the amount in clause c) without tax increment assistance. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project Area by private enterprise. Factual basis: The anticipated redevelopment of the project site and any subsequent demolition, reconstruction, or renovation related to the project will remain consistent with the City's design goals. The redevelopment proposed to occur within the TIF District will afford maximum opportunity for the development of the applicable parcel consistent with the needs of the City and the removal of substandard buildings. The project will increase the taxable market valuation of the City and provide additional housing options in the City. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City has found the development contemplated in this TIF Plan consistent with the general plan for development of the City as a whole and will generally complement and serve to implement policies adopted in the City's comprehensive plan. (5) The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(b) (see method (b) in Section P). Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Baker Tilly Municipal Advisors, LLC Page 6 City of Stillwater, Minnesota Project Costs Amount Land/building acquisition $0 Site improvements/preparation costs $2,500,000 Utilities $0 Other public improvements $304,375 Construction of affordable housing $0 Administrative expenses $478,628 Subtotal $3,283,003 Interest $1,503,259 Total $4,786,262 The City anticipates using tax increment to the extent available to finance redevelopment costs of the project including primarily site improvement/preparation costs (demolition), public improvements, parking and other redevelopment costs including related administrative expenses, as deemed necessary and related to redevelopment of the project site. The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost ($4,786,262) is not increased. The City also reserves the right to fund any of the identified costs with any other legally available revenues but anticipates that such costs will be primarily financed with tax increments. Section L Estimated Sources of Revenue Sources of Revenue Amount Tax Increment revenue $4,786,262 Interest on invested funds Other Total $4,786,262 The City anticipates capturing the tax increments from the project for financing of the identified redevelopment costs and reimbursing the developer for a portion of those costs. As tax increments are collected from the TIF District in future years, a portion of these taxes will be used by the City to reimburse the developer for public costs incurred (see Section K). The City also anticipates retaining any remaining increment to finance eligible administrative or other expenses related to the project. The City reserves the right to finance any or all public costs of the TIF District using pay-as-you- go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax increment from the TIF District is $4,786,262. The City currently plans to finance the site improvements and redevelopment costs through a pay-as-you-go note, but reserves the Baker Tilly Municipal Advisors, LLC Page 7 City of Stillwater, Minnesota right to issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Taxable Value of all property within the TIF District as of January 2, 2021, for taxes payable in 2022, is $1,607,600. Upon establishment of the district and reclassification of the property as residential rental, the estimated original net tax capacity of the TIF District is estimated to be $20,095. This assumes the property classification changes from current status to residential rental. This value is also assumed to be the value of the property, including land and building, as of the date the substandard buildings occupied the parcel. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 0 Original Local Tax Rate The County Auditor shall also certify the original local tax rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original local tax rate of the TIF District. The County Auditor shall certify the sum of all local tax rates that apply to property in the TIF District for taxes levied in 2021 and payable in 2022 as the original tax capacity rate of the TIF District. Because those rates are not yet available, for purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2020 and payable in 2021 is 98.6070% as shown below. 2020/2021 Taxing Jurisdiction Local Tax Rate City of Stillwater Washington County ISD #834 Other (7601) 52.8140% 24.9226% 17.2777% 3.5928% Total 98.6070% Baker Tilly Municipal Advisors, LLC Page 8 City of Stillwater, Minnesota Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The City anticipates that the redevelopment will be completed by December 31, 2022, creating a total tax capacity for TIF District No. 14 of $196,250 as of January 2, 2023. The captured tax capacity as of the first full year of increment is projected to be in $176,155 in taxes payable 2024 with first year gross increment generated of $173,701. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The estimates shown in this TIF plan assume that residential rental class rates remain at 1.25% of the estimated taxable value and assume 3.0% annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision la; or Baker Tilly Municipal Advisors, LLC Page 9 City of Stillwater, Minnesota (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately -owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less than fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five -Year Rule At least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: Baker Tilly Municipal Advisors, LLC Page 10 City of Stillwater, Minnesota (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City does not anticipate that tax increments will be spent outside the TIF District (including allowable administrative expenses), but such expenditures are expressly authorized in this TIF Plan. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Baker Tilly Municipal Advisors, LLC Page 11 City of Stillwater, Minnesota Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the projected 20-year term of the district is estimated to be $4,803,555. 2. To the extent the project in TIF District No. 14 generates any public cost impacts on city - provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the district upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing general obligation tax increment bonds but reserves the right to the use of internal financing, as necessary, to finance a portion of the project costs attributable to the District. 3. The amount of tax increments over the projected 20-year term of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $841,666. 4. The amount of tax increments over the projected 20-year term of the district that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $1,214,081. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Baker Tilly Municipal Advisors, LLC Page 12 City of Stillwater, Minnesota Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section X Development Agreements If within a project containing a redevelopment district, more than 25% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development with the Developer. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City anticipates entering into an assessment agreement with the Developer. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Baker Tilly Municipal Advisors, LLC Page 13 City of Stillwater, Minnesota City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to ensure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. Baker Tilly Municipal Advisors, LLC Page 14 City of Stillwater, Minnesota The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. Baker Tilly Municipal Advisors, LLC Page 15 Exhibit I Map of Tax Increment Financing (Redevelopment) District No. 14 Proposed TIF District #14 Legend O TIF District 14 F��• Development District No. 1 PARCELS 9 75 155 Feet Exhibit I Map of Development District No. 1 .111..11.01..1 6.1 t.41:•• 11 s..ioia 2 p kos prom• MEM mimmi i;Mar. ■inTi ' l■rum•1■■■■.••n IN■■■ ■ III��A��14 :1 lwa ter The Birthplace or Ware -iota Development District No. 1 Legend TIF Distract 14 C3Development Distract 0 0.25 0.5 Miles i i i l Exhibit 11 Assumptions Report City of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 14 200 Chestnut Redevelopment with 61 housing units Draft TIF Plan Exhibits based on Anticipated 20-Year Term with $15.7M value and 3% MV Inflator Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 06/30/22 Decertification Date 12/31/43 (20 Years of Increment) Base Estimated Market Value Parcel I D : 28.030.20.41.0001 Original Net Tax Capacity Base Estimated Market Value Estimated Increase in Value - New Construction Total Estimated Market Value Total Net Tax Capacity 2021/2022 $1,607,600 $20,095 Assessment/Collection Year 2022/2023 2023/2024 2024/2025 2025/2026 $1,607,600 $1,607,600 $1,607,600 $1,607,600 0 14, 092, 400 14, 563, 400 15, 048, 530 1,607,600 15,700,000 16,171,000 16,656,130 $20,095 $196,250 $202,138 $208,202 City of Stillwater Washington County School District 0834 Other (7601) Local Tax Capacity Rate Fiscal Disparities Contribution From TIF District Administrative Retainage Percent (maximum = 10%) Pooling Percent 52.8140% 24.9226% 17.2777% 3.5928% 98.6070% 2020/2021 0.0000% 10.00% 0.00% Bonds Note (Pay -As -You -Go) Bonds Dated NA Note Dated 02/01/22 Bond Rate NA Note Rate 4.00% Bond Amount NA Note Amount $2,500,000 Present Value Date & Rate 02/01/22 4.00% PV Amount $2,699,823 Notes Projections assume no future changes to classification rates and current tax rates remain constant. Projections include 3.0% annual market value inflator to allow for future growth. Projections assume construction begins in 2021, with project completed in 2022. Exhibit 111 Projected Tax Increment Report City of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 14 200 Chestnut Redevelopment with 61 housing units Draft TIF Plan Exhibits based on Anticipated 20-Year Term with $15.7M value and 3% MV Inflator Less: Retained Times: Less: Annual Total Total Original Captured Tax Annual State Aud. Subtotal Period Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net Tax Ending Value (1) Capacity (2) Capacity (3) Capacity Rate (4) Increment 0.360% Increment (1) (2) (3) (4) (5) (6) (7) (8) (9) 12/31/22 1,607,600 20,095 20,095 0 98.607% 12/31/23 1,607,600 20,095 20,095 0 98.607% 12/31/24 15,700,000 196,250 20,095 176,155 98.607% 12/31/25 16,171,000 202,138 20,095 182,043 98.607% 12/31/26 16,656,130 208,202 20,095 188,107 98.607% 12/31/27 17,155,814 214,448 20,095 194,353 98.607% 12/31/28 17,670,488 220,881 20,095 200,786 98.607% 12/31/29 18,200,603 227,508 20,095 207,413 98.607% 12/31/30 18,746,621 234,333 20,095 214,238 98.607% 12/31/31 19,309,020 241,363 20,095 221,268 98.607% 12/31/32 19,888,290 248,604 20,095 228,509 98.607% 12/31/33 20,484,939 256,062 20,095 235,967 98.607% 12/31/34 21,099,487 263,744 20,095 243,649 98.607% 12/31/35 21,732,472 271,656 20,095 251,561 98.607% 12/31/36 22,384,446 279,806 20,095 259,711 98.607% 12/31/37 23,055,979 288,200 20,095 268,105 98.607% 12/31/38 23,747,659 296,846 20,095 276,751 98.607% 12/31/39 24,460,088 305,751 20,095 285,656 98.607% 12/31/40 25,193,891 314,924 20,095 294,829 98.607% 12/31/41 25,949,708 324,371 20,095 304,276 98.607% 12/31/42 26,728,199 334,102 20,095 314,007 98.607% 12/31/43 27,530,045 344,126 20,095 324,031 98.607% 0 0 173,701 179,507 185,486 191,645 197,989 204,523 211,254 218,186 225,326 232,680 240,255 248,057 256,093 264,370 272,896 281,677 290,722 300,038 309,633 319,517 0 0 625 646 668 690 713 736 761 785 811 838 865 893 922 952 982 1,014 1,047 1,080 1,115 1,150 0 0 173,076 178,861 184,818 190,955 197,276 203,787 210,493 217,401 224,515 231,842 239,390 247,164 255,171 263,418 271,914 280,663 289,675 298,958 308,518 318,367 Less: City Retainage 10.00% (10) 0 0 17,308 17,886 18,482 19,096 19,728 20,379 21,049 21,740 22,452 23,184 23,939 24,716 25,517 26,342 27,191 28,066 28,968 29,896 30,852 31,837 Annual Net Revenue (11) 0 0 155,768 160,975 166,336 171,859 177,548 183,408 189,444 195,661 202,063 208,658 215,451 222,448 229,654 237,076 244,723 252,597 260,707 269,062 277,666 286,530 $4,803,555 $17,293 $4,786,262 City has the election to opt delay receipt of first increment up to 4 years from approval date. Total collection term anticipated not (1) Total estimated market value based on information provided by City, includes 3% annual market value inflator. (2) Total net tax capacity based on residential rental class rate of 1.25%. (3) Original net tax capacity based on portion of existing land value for 1 parcel to be included in development. (4) Total local tax capacity rate for taxes payable 2021 (for future years). $478,628 to exceed 20 years P.V. Annual Net Rev. To 02/01/22 4.00% 0 0 144,016 143,106 142,185 141,256 140,319 139,375 138,425 137,469 136,507 135,540 134,570 133,597 132,619 131,640 130,660 129,677 128,692 127,708 126,723 125,739 Estimated Anuual Property Taxes 220,150 226,755 233,558 240,564 247,781 255,215 262,871 270,757 278,880 287,246 295,864 304,740 313,882 323,298 332,997 342,987 353,277 363,875 374,791 386,035 $2,699,823 $5,934,613 $4,307,634 Exhibit IV Estimated Impact on Other Taxing Jurisdictions Report City of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 14 200 Chestnut Redevelopment with 61 housing units Draft TIF Plan Exhibits based on Anticipated 20-Year Term with $15.7M value and 3% MV Inflator Without Project or TIF District With Project and TIF District Final Projected Hypothetical 2020/2021 2020/2021 Retained New Hypothetical Hypothetical Tax Generated Taxable 2020/2021 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*) City of Stillwater 25,895,585 52.814% 25,895,585 $324,031 26,219,616 52.161% 0.653% 169,019 Washington County 379,355,049 24.923% 379,355,049 324,031 379,679,080 24.901% 0.021% 80,688 School District 0834 114,611,080 17.278% 114,611,080 324,031 114,935,111 17.229% 0.049% 55,827 Other - 3.593% - - 3.593% - Totals 98.607% 97.884% 0.723% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate would decrease by 0.723% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 3.64% of the total tax rate. Exhibit V Market Value Analysis Report City of Stillwater, Minnesota Tax Increment Financing (Redevelopment) District No. 14 200 Chestnut Redevelopment with 61 housing units Draft TIF Plan Exhibits based on Anticipated 20-Year Term with $15.7M value and 3% MV Inflator Assumptions Present Value Date 06/30/22 P.V. Rate - Gross T.I. 4.00% Increase in EMV With TIF District Less: P.V of Gross Tax Increment Subtotal Less: Increase in EMV Without TIF $25,922,445 2,980,939 $22,941,506 0 Difference $22,941,506 Annual Present Gross Tax Value @ Year Increment 4.00% 1 2024 173,701 159,012 2 2025 179,507 158,007 3 2026 185,486 156,990 4 2027 191,645 155,964 5 2028 197,989 154,930 6 2029 204,523 153,887 7 2030 211,254 152,838 8 2031 218,186 151,782 9 2032 225,326 150,720 10 2033 232,680 149,653 11 2034 240,255 148,582 12 2035 248,057 147,507 13 2036 256,093 146,428 14 2037 264,370 145,347 15 2038 272,896 144,264 16 2039 281,677 143,179 17 2040 290,722 142,093 18 2041 300,038 141,006 19 2042 309,633 139,918 20 2043 319,517 138,832 $4,803,555 $2,980,939 Exhibit VI Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District Washington C� ry September 14, 2021 Tim Gladhill Community Development Director City of Stillwater City Hall 216 4th Street N Stillwater, MN 55082 Dear Mr. Gladhill, Board of Commissioners Fran Miron, District 1 Stanley Karwoski, District 2 Gary Kriesel, District 3 Wayne Johnson, District 4 Lisa Weik, Chair, District 5 Thank you for the opportunity to provide comments regarding the plan to create a tax increment financing (TIF) district within the City of Stillwater. TIF District No. 14 is proposed as a modification to the Development Program for Development District No. 1. The establishment of the district facilitates the redevelopment of property within the city that is found to be substandard and will be demolished. TIF District No. 14 is proposed to facilitate a new 61-unit residential apartment community with 73 below -grade parking stalls. The County Board has adopted a policy related to comments on municipal tax increment financing proposals. In that policy, it states the board shall review proposals in order to understand the financial implications, its consistency with the county's comprehensive plan for land use and transportation, the impact on the county's tax base, and its impact on redeveloping blighted areas and increasing housing opportunities within the county. After reviewing the proposed new districts, and pursuant to Minnesota Statute 479.175, the county expresses its support for the project as outlined in the TIF plan. This support is consistent with the County Board's goal to support the efforts of cities within the county to redevelop blighted areas. County staff from the departments of Public Works and Property Records and Taxpayer Services also reviewed the draft TIF plan. Public Works staff have determined that the proposed development, the intensity of the planned use, and the likely routes that vehicles would use to and from the development would not substantially increase the use of county roads to the point of requiring construction that was not otherwise planned within five years. They also identified that County Road 23 is identified as a "Future On -Road Network" bike facility in the Washington County Bike and Pedestrian Plan, however, any improvements would be beyond the 5-year window identified in M.S. Section 469.175. Therefore, they do not recommend any potential tax increment for use on county roads. Washington County, a great place to live, work and play.... today and tomorrow. Government Center • 14949 62nd Street North • P. 0. Box 6 • Stillwater, MN 55082-0006 Telephone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer Property Records and Taxpayer Services identified that this is a single parcel district and that the parcel is already of record. There were several administrative issues identified, sent to the city under separate cover, however none of those would preclude the county from administering the district according to established rules and statute. We appreciate the opportunity to provide comments on the proposed district. Sincerely, Jennifer Wagenius Deputy County Administrator Cc: Washington County Board of Commissioners Mikaela Huot, Baker Tilly Municipal Advisors, LLC iliwater THE BIRTHPLACE OF MINNESOTA 200 Chestnut Apartments REDEVELOPMENT TAX INCREMENT FINANCING REQUEST Project Overview Redevelopment of former office building 61 market -rate, multifamily rental units 72 underground parking spaces 39 parking spaces mitigated off -site 20 r iliwater THE BIRTH PLACE OF MINNESOTA liarrLCir ILL LAND USE APPLICATION 11/25/2020 r 7 [ rr - rrrr .• ._ �� ICI E TN UT T STILLWATER, MN OIL Discretionary Review i11wate. THE BIRTHPLACE OF MINNESOTA Standard Zoning Review (previous step) Does it meet minimum requirements? Economic Development/Public Financing (current Discretionary/No obligation step) Planning Commission Comprehensive Plan Findings Consistent with Future Guidance (Downtown Mixed Use) Advances Housing Goals Range of new housing opportunities Balanced housing choices Well maintained housing including owner -occupied and rental iliwater THE BIRTHPLACE OF MINNESOTA Advances Economic Development Goals Financial resources are limited, require long-term perspective and should lead to private investment Tax Increment Financing is a primary tool Residential uses are a welcome addition to downtown Plan Downtown for a mixture of commercial, office and residential Tax Increment Financing Basics ASSESSEDVALUE (AV) $� Value Capture - How itWorks yh INCREMENTAL pP ASSESSEDVALUE BASE ASSESSED VALUE POST VALUE CAPTUR+ ASSESS[:. VALUI- [REATFD 1.4- VALUE CAPTURE PERIOD TERMINATED Annual Taxes Generated (Dollars) i11wate. THE BIRTHPLACE OF MINNESOTA Fundamentals of Tax Increment Financing Basic TIF Model ti Incremental Taxes New Tax Base (port cn used to finance TIF-eligible (post -project, flows expenditures) to General Fund and all taxing jurisdictions) Base Taxes (continues to City, County, School District and other taxing jurisdictions ■ Duration of TIF District (Years) Source: Stillwater 2040 Comprehensive Plan (2018) Source: Baker Tilly Stillwater TIF Analysis (2020) Redevelopment District Up to 26 Years of Increment Acknowledges the unique considerations of a redevelopment project More complex than a standalone `greenfield development' i11wate. THE BIRTHPLACE OF MINNESOTA Analysis Parameters Review Lens Extraordinary Costs Gap Financing Industry Standard Returns on Investment TIF Eligible Expenses MIND THE GAP iliwater THE BIRTHPLACE OF MINNESOTA Extraordinary Costs Demolition of existing structure (loss of value pre -development) Current Assessed Value of Building = $600,000 Demolition Costs = $200,000 Demolition of existing parking ramp High water table/limited underground options Permanent Dewatering Required High -quality architecture Underground Parking iliwater THE BIRTHPLACE OF MINNESOTA Additional Considerations Parking Mitigation Fee Future Ramp #2 i11wate. THE BIRTHPLACE OF MINNESOTA STILLWATER PARKING RAMP STI LLW ATER MI MM.], Al1GLIST 201-1 Balance Total Development Costs Sources of Funds iliwater THE BIRTHPLACE OF MINNESOTA Balance Sources and Uses Extraordinary Costs vs. Eligible Costs Pro -Forma Balance (Total Project Costs) $3.3M in Eligible Costs (discretionary decision of the City Council) $2.2M proposed compromise i11wate. THE BIRTHPLACE OF MINNESOTA Sources A B c D E F G H Uses 1 2 3 4 5 6 7 8 Public Return on Investment But For Text IMMEDIATE RETURN LAND USE APPLICATION 11/25/2020 aim • mai 0, FUTURE RETURN i11wate. THE BIRTHPLACE OF MINNESOTA f Value Capture - How itWorks RHO BASE ASSESSED VALUE Findings iliwater THE BIRTHPLACE OF MINNESOTA Project would not occur 'but for' this assistance Project is eligible for public financing to address funding gap due to extraordinary costs Funding Gap = $2.2M Developer's Return on Investment is below industry standard without assistance Developer's Return on Investment remains within industry standard with assistance City will see Return on Investment within 10 years after decertification Negotiation i11wate. THE BIRTHPLACE OF MINNESOTA Original Developer Request Develo• - ' equest 26 Years (full duration) $14M Taxable Value (NPV* = $3.3M) City Counter 15 Years $14M Taxable Value (NPV* = $1.5M) Amended Developer Request Compromise/ Current Recommendation (Supported by Developer) Difference (Original — Current) 19 Years $15M Taxable Value w/3% Inflationary Adjustment (NPV* = $2.5M) 15 Years $15M Taxable Value w/3% Inflationary Adjustment (NPV* = $2.0M) 16 Years $15M Taxable Value w/3% Inflationary Adjustment (NPV* = $2.2M) (NPV* = $1.1M) *NPV = Net Present Value Additional Protections Pay As You Go/PayGO Minimum Assessment Agreement Lookback Provisions iliwater THE BIRTHPLACE OF MINNESOTA Alternatives Approve Approve Amended Deny Table iliwater THE BIRTHPLACE OF MINNESOTA Summary $2.2 Million (Net Present Value) + 4% Interest Rate (Adjust for Inflation) = ($3.3 Million Total Increment) 16 Years of Increment (Eligible for 26 Years) iliwater THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: Mayor and City Council FROM: Reabar Abdullah, Assistant City Engineer DATE: September 17, 2021 SUBJECT: Neal Avenue Improvement Project Assessment Hearing and Adoption of Assessment Roll Project 2019-08 DISCUSSION: Completion of Phase Two of the Neal Avenue Improvement Project is near with only the final layer of pavement and striping remaining to be done next year. The last step in the City's improvement process is to adopt the assessments for the project. The feasibility estimate for the project was $1,854,788.00 and the final project cost is estimated to be $1,771,677.44. There were slight variations in the adjustments to the final assessment amount. The appraisals were slightly higher than the estimated assessments at the beginning of the project, and the up to date calculated cost. Actual calculated cost of the project is assessed to the property owners because it was less than the appraised benefit value to the properties. The table below shows assessments rates for the project: Preliminary Assessment Rate Final Assessment Rate Neal Ave from Boutwell Rd to Browns Creek Trl $9,500/ unit $8,756/unit Utility services $4,049/unit $4,028.64/unit Utility Mains $12,853/unit $13,733.35/unit A few items of note regarding assessments: • Residential corner lots are assessed 0.5 units per side improved. • Utility mains and services are assessed at 100% to the property owner. Funding of the project is split as follows: • Assessments = $402,517 • City Funds = $1,369,160.44 To Date there have been no objections submitted to the City. At the declaration of cost resolution, it was proposed that assessments be paid over ten (10) years, we believe that some assessments over $12,000 would present hardship to home owners to pay over ten (10) years, and therefore we propose changing the term for properties with assessments over $12,000 to be paid over fifteen (15) years, at an interest rate of 2.75%. RECOMMENDATION: Staff recommends that Council hold the assessment hearing, and adopt the attached assessment roll for the Neal Avenue Improvement Project, Phase Two, and change the payoff term for properties with assessments over $12,000 to fifteen (15) years. ACTION REQUIRED: If Council concurs with the staff recommendation, they should conduct the public hearing and pass a motion adopting Resolution No. 2021- , RESOLUTION ADOPTING ASSESSMENT FOR NEAL AVENUE IMPROVEMENT PROJECT - PHASE TWO (PROJECT 2019-08). City of Stillwater Washington County, Minnesota RESOLUTION 2021- RESOLUTION ADOPTING ASSESSMENT FOR NEAL AVENUE IMPROVEMENT PROJECT — PHASE TWO PROJECT 2019-08, L.I. 430 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard all objections to the proposed assessment for the Neal Avenue Improvement Project for the following area: Properties abutting Neal Avenue from Walnut Creek Dr. to Boutwell Road N. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments totaling $11,999 and lower shall be payable in equal annual installments extending over a period of ten (10) years and assessments totaling $12,000 and higher shall be payable in equal annual installments extending over a period of fifteen (15) years with 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 2.75% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Property owners may at any time prior to certification of the assessment to the county auditor, pay the entire assessment balance on such property, without any additional interest to the City of Stillwater. NO INTEREST WILL BE CHARGED IF THE ENTIRE ASSESSMENT IS PAID BY NOVEMBER 15, 2021. If the assessment is not paid by November 15, 2021, accrued interest from the date of the adoption of the assessment roll through December 31, 2022 will be added with the first installment due in 2022. If payment is not received by November 15, 2021, the assessments will be collected over a period of ten (10) years with interest added at 2.75% per year on the unpaid balance. The yearly installments will be collected with the property taxes that are paid to Washington County. You may at any time thereafter, prior to November 15th of any year, pay the remaining principal balance (in whole or part) to the City of Stillwater. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 17th day of September 2021. ATTEST: Ted Kozlowski, Mayor Beth Wolf, City Clerk ASSESSMENT RATE: Standard Rate = $986.00 State Aid Rate = $8,756.00 FINAL ASSESSMENT ROLL NEAL AVENUE IMPROVEMENT PROJECT, PHASE TWO PROJECT 2019-08, LI#430 ASSESSMENT PERIOD: 10 YEARS INTEREST RATE: 2.75% GEO STREET CITY Std Rate SA Rate Unit Reg Unit SA Unit LF STREETS MAIN LINE SERVICES UTILITY SERVICES SIDEWALK CREDIT TOTAL ASMT PROPERTY ADDRESS LF 1903020440055 7380 STEEPLEVIEW RD WOODBURY MN 55129 x 1.0 1.0 $8,756.00 $4,028.64 $12,784.64 8000 NEAL AVE N 2003020330018 2355 WALNUT CRK DR W STILLWATER MN 55082 x 0.5 0.5 $8,756.00 $4,378.00 2355 WALNUT CRE DR 2003020330026 8075 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 8075 NEAL AVE N 2003020330027 8031 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 8031 NEAL AVE N 2003020330028 8005 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 8005 NEAL AVE N 2903020220002 7979 NEAL AVE STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $13,733.35 $4,028.64 $26,517.99 7979 NEAL AVE N 2903020220003 7959 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $13,733.35 $4,028.64 $26,517.99 7959 NEAL AVE N 2903020220004 7939 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $13,733.35 $4,028.64 $26,517.99 7939 NEAL AVE N 2903020220005 7919 NEAL AVE N STILLWATER MN 55082 x 0.5 0.5 $8,756.00 $4,378.00 7919 NEAL AVE N 3003020110005 7940 NEAL AVE N STILLWATER MN 55082 x 0.5 0.5 $8,756.00 $13,733.35 $4,028.64 $22,139.99 7940 NEAL AVE N 3003020110021 7970 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 7970 NEAL AVE N 3003020110038 7990 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 7990 NEAL AVE N 1903020440056 8040 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 8040 NEAL AVE N 1903020440051 8080 NEAL AVE N STILLWATER MN 55082 x 1.0 1.0 $8,756.00 $8,756.00 8080 NEAL AVE N $184, 526.60 liwater THE BIRTH P L A C E OF MINNESOTA City Council REPORT DATE: MEETING DATE: REQUEST: LOCATION: LANDOWNER: REVIEWED BY: REPORT BY: March 31, 2021 April 6, 2021 Consideration of Right -of -Entry approval CASE NO.: 2021-16 Lot 4, Block 11, Sabin's Addition to Stillwater, north of 408 William Street North Tyler Morris & Justin Rees Kori Land, City Attorney and Shawn Sanders, City Engineer Abbi Jo Wittman, City Planner BACKGROUND In April of this year the Council heard a request from Mr. Tyler Morris for encroachment into the platted but undeveloped William Street North right-of-way with a private driveway. At that time the Council elected to table consideration of the agreement until such time as utility extensions were determined. SPECIFIC REQUEST Approval of right -of -entry for the construction of a private driveway, raingarden and utilities to be installed in the platted but undeveloped William Street North right-of-way. EVALUATION OF REQUEST Mr. Morris has determined where the driveway and its associated raingarden as well as utilities will be located. However, since they are not installed, issuing an encroachment license at this time is problematic. This is because the City would prefer to know the exact locations of these improvements. Thus, request for a right -of -entry to install the private improvements is necessary. After installation and upon the City's receipt of an as -built survey, City staff will bring an encroachment agreement back to the Council for their formal consideration. The legal document approving such action has not been prepared as of the date of this memo. It will be available on Tuesday. ALTERNATIVES The City Council has several available alternatives: 1. Approve — If Council agrees a right -of -entry is reasonable, the Council should move to approve the request. CPC 2021-13 September 21, 2021 Page 2 2. Deny — If the Council finds a right -of -entry is not reasonable, the Council should move to deny the request. 3. Table for more information. RECOMMENDATION While this request is not common, this is the best mechanism to use to allow the private property owner to access his legal, non -conforming lot of record. If the City denied the right -of -entry, the owner would not be to improve the property. Thus, staff is recommending the Council move to approve the right -of -entry request. Attached: Site Location and Area Map Site Survey Utility Plan Pr 4 ', n8wa 6 t s `i a6�5117 1 ,ys , 6,02 Ater ' ,' '>fr! , tqt, S¢ '_ ' l":c The Birthplace of Minnesota �— f WES ,' TREE N 1 ,, 7�'�*- . I.c � �i a & S 42. .£ !7 Site Location and Xw 2@r, y 12 " �' Area Ma # ti " �: ye r 50 r n t 1! a . 3 l' �`V ,�24' /I ,, i h . Undeveloped William Street North ROW w 20--1 1 419. my. a _ �n '� . 'x . >x y ,, ' - _ ` CHER `� Yr.: Morris/Rees (Subject) Property 408 I ' ' a '� F" t z:5, 0 r ;`'✓. 610 1 24?, ` 0 120 240 480 Feet .:'y 3=i:a.:- S . WEST w•-•- • _ ,_ g - General Site Location •h-�'. r1 ram; . • --``'' 7 , r 70 I in 1 I . , { 11�� , •• 1 312 :�..4 R �, , ��' II/kY�:` �� im= lis !�'ti/ .-?►:a.. • ` p11mn11Lt S 305, 4 3-00 22 71 712 ;, � , ,� ,' � f ` R 304y 7 s$b2 t• \ �- li= l��` G.Ljl ��\1.11f1 --..`1 ®, BI �Frll 1 _ l of%W " " `' .:ER F',y `..., >� Em 9051 30 It �: .. 1,.I►!E,,-�-� Yr�i 1 :-� •� -I� nor '�e® , Mr* , 226 �'.IIi.• 2 225.•: f6 2 F %off°. MI R lkin i� �11 �_E'W. �..—. Sit i � �1 •� 4 t 'x 't•� ��~� 1� J��i�_1I, :, �i�.. ��•.��J I.Y. Map of Survey Linden Street, City of Stillwater MN Existing Legal Description Lot 4, Block 11, Sabin's Addition to the City of Stillwater, according to the plat thereof, on file and of record in the Office of the Washington County Recorder. Area Calculations Total Lot Area = 6,000 S.F. (0.14 Acres) Client Tyler Morris 978 St. Claire Ave St. Paul, MN 55105 Survey Notes a. This Survey was prepared without the benefit of a Title Report. The Survey may not show any or all easements, land transfers, restrictions & reservations which may affect said property as shown. b. Parcel Identification Number: 28.030.20.23.0054 Zoning Notes • Zoning Designation: RB - Two Family District • Setback Restrictions (Main Building): Front - 20', Side - Must total 15' w/5' minimum, Rear - 25' • Minimum Lot Area: 10,000 S.F. • Maximum Lot Coverage: 50% Note: Setbacks may vary based on adjacent Zoning districts. For detailed information on Zoning requirements contact said Municipality or an official Zoning Report. St. Croix Surveying does not guarantee the accuracy of the provided Zoning information. I el 0 O 1 0 Eo 10 0 z 13.0' f (879.11) 25.00' z /J ♦ \ Y U i' t1F \11 �� 0 el `�� IN 'coup \WOODED _ ` U, Nl N. d' I I O oo \, IN 7.5' SETBACK LINE 1J N89°55'04"E 120.00' (879 26) \ 7.5' SETBACK LINE c, LOT 4 S89°55'04"W 120.00' XC r-, r zIz J f EXISTING BUILDING EX. RETAINING -- WALL (874.49) co (876.09) 0 0 0 10 w 10 0 O O En, LINDEN STREET (50' PUBLIC R/W) UNIMPROVED ( r St. Croix Surveying Professional Land Surveyors www.stcroixsurveying.com Ph. (715) 222-5544 info@stcroixsurveying. com N 0 15 1 d 1 INCH = 30 FEET 30 Legend O Set 1/2" x 15" Iron Rebar (capped) • Found 1/2" Iron Pipe (or noted) O County Section Corner Monument Property Boundary Line Adjacent Boundary Line Right of Way Line Easement Line Section Line X Fence Line Bearing and distance of record Electric Pole Sign Utility Pedestal Concrete Building Existing Contours Proposed Contours I hereby certify that this Survey was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Greg B. Lundquist, PLS #52146 County: Washington State: Minnesota Date: 9/1/21 Job. No. 2021.40 WEST LAUREL STREET C z • yt 4. M04 I WORK RK PL PL vim• Sew . E-- aetof LINDEN w w cn w w w O z cr 0 z MULBERRY = 136_ft CHERRY STRE NORTH STREET City of Stillwater Washington County, Minnesota RESOLUTION 2021-xxx RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $2,760,000 GENERAL OBLIGATION BONDS, SERIES 2021A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF Minnesota Statutes, Chapter 475, and (i) Minnesota Statute of capital equipment for the City in the aggregate princi Sections 10.4, 10.5 and 10.6 of the City's Charter to financ- various capita aggregate principal amount of $ ; (together, the "Project") as more the resolution duly adopted by the City Council on gust 17, 2fika1; and WHEREAS, the City has retained Baker Tilly Municipal Advisors, LLC, in St. Paul, Minnesota ("Baker Tilly MA "), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Baker Tilly MA; and WHEREAS, the City Council of the City of Stillwater, Mi .E . (the "City") has heretofore determined and declared that it is necessary and expedie o issue $2,760,000 General Obligation Bonds, Series 2021A (the "Bonds" or, individually, a "Bond"), pursuant to mance the acquisition ; and (ii) projects in the described in 12.301 t ount of WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follow• 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is accepted and the Bonds are awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser. 2. B (a) Origina ssue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated October 21, 2021, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: 71005802v1 Year 2023 2024 2025 2026 2027 Amount Year 2028 2029 2030 2031 2032 Amount All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Compan a limited purpose trust company organized under the laws of the State of New York or an 'ts successors or its successors to its functions hereunder (the "Depository") will act as securiti • - . ository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limiteuring the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & Cp., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bo • ther the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. 2 71005802v1 (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Rgi ' , trar of written notice to the effect that the Depository has determined to substitute a ne inee in place of the existing Nominee, and subject to the transfer provisions in paragra s references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the naCe of a Nominee, payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereofor amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial o ship interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In co ction any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. 3 71005802v1 (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in e best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository i willing to undertake the functions of the Depository hereunder can be found which, in t willing and able to assume such functions upon reasonable or cus City determines that it is in the best interests of the City or the Bene inion of the City, is terms, or if the Owners of the Bond that the Beneficial Owners be able to obtain certificates for the B• •, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transfereby e Holders, in accordance with paragraph 10, the Bonds will be delivered to the Ben 1 Owners. (iii) Nothing in this subparagraph (c) sh. ® limit or restrict the provisions of paragraph 10. (d) Letter o eresen a ions. The provisions in the Letter of Representations are incorporated herein by - ference and made a pa of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3 Purpose. The Bonds shall provis - funds to finance the Project. The total cost of the Projec, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. I ° t. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each y=ar (each, an "Interest Payment Date"), commencing August 1, 2022, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 4 71005802v1 2023 2028 2024 2029 2025 2030 2026 2031 2027 2032 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Registrar. U.S. Bank National Association, in ®. u1, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bonegistrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 5 71005802v1 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF STILLWATER R- $ GENERAL OBLIGATION BOND, SERIES 2021A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, October 21, 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA he "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the matu ' date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2022, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond Will be paid on each Interest Payment Date by check or draft mailed to the person in whose frame this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payme . to (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee 6 71005802v1 No Optional Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $2,760,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution, Charter of the Issuer and laws of the State of Minnesota, and a resolution adopted by the City Council on September 21, 2021 (the "Resolution"), for the purpose of providing money to finance the Issuer's acquisition of capital equipment and various capita sutlay projects. This Bond is payable out of the General Obligation Bonds, Series 2021A Fuf . of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The ; #mare issuable solely in fully registered form in Authorized Denominations (as defined in the R solution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person .r by the Holder's attorney duly authorized in writing athe principal office of the Bond Regis ar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity a i d bearing interest at the same rate. es upon Transfer or Loss. T e Bond Registrar may require payment of a sum sufficient to cover any tax or other g • ental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. 7 71005802v1 Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, Charter of the Issuer and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the of _a al purchaser, does not exceed any constitutional, charter or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Stillwater, Washington •unty, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the . ile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intention. .mitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one . - Bonds described in the Res mentioned U. NK NATIO AS SOCIATION St. Paul, Mi nesota Bond Regi By Authorized Signature Registrable by: U NK NATIO CIATION Payable at: U. . BANK NATIONAL A CIATION CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk 8 71005802v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform Transfers inors Act (State) Additional abbreviations may also be used though not in the o . ove list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not affect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 9 71005802v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have beduly executed by an authorized representative of the Bond Registrar. Certificates of Authen on on different Bonds need not be signed by the same person. The Bon Registrar shall aticate the signatures of officers of the City on each Bond by exec tion of the Certificat uthentication on the Bond and, by inserting as the date of registration in the space provided, t °e date on which the Bond is authenticated, except that for purposes of delivering the original Bonds°'tto the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue which is October 21, 2021. The Certificate o- Authentication so executed on each Bond shall be conclusive evidence that it has been ahenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will caus to be kept at the principal office of the Bond Registrar a bond register in whiph, subject to su reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, at no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 10 71005802v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said a eement. 11. Rights Upon Transfer or Excha g @ ch Bon exchange for or in lieu of any other Bond shall ca and to accrue, which were carried by such other Bond. ered upon transfer of or in to interest accrued and unpaid, 12. Interest Payment; Record Date. Interest on a ' •nd shall be paid on each Interest Payment Date by check or draft mailed to the p- son in hose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearin_ eon at the close of business -on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registe $ wner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Bonds, Series 2021A Fund" (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other accounts maintained in the official financial records of the City. The Fund shall be maintained in 11 71005802v1 the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds. From the Capital Account there shall be paid all costs and expenses of making the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Capital Account, the balance shall be transferred by the Council to the Debt Service Account. r (b) Debt Service Account. There are hereby pledged and there sh be credited to the Debt Service Account: (i) collections of all taxes heretofore, herein or he -r levied for the payment of the Bonds and interest thereon; (ii) all funds rem ' ing in the Ca. Account after completion of the Project and payment of the c&ts thereof, i) all investmen arnings on moneys held in the Debt Service Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the princi. al and interest of the Bonds and any other general obligation bonds of the City hereafter issue. • • the City and made payable from the Debt Service Account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above in an amount not greater than five percent of the proceeds of the Bonds. To this effect, any sums from time to time held in the Capital Account or Debt Service Account (or any other City fund or account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard as to yield s all not be invested at a yield in excess of the applicable yield restrictions imposed by said arbi age regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Capital Account or Debt Service Account shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 12 71005802v1 See attached Levy Schedule in Exhibit B The tax levies are such that if collected in full they, together with estimated collections of other monies herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocabl depositi i with the Bond Registrar on or before that date a sum sufficient for the ®. ent thereo 11; or if any Bond should not be paid when due, it may nevertheless be o . rged by deposi ith the Bond Registrar a sum sufficient for the payment thereof ' with interest accrue. e date of such deposit. The City may also at any time dischar obligations with respect to : onds, subject to the provisions of law now or hereafter authorizing and regulating such a . on, by depositing irrevocably in escrow, with a suitable ba tion qualified by law as an escrow agent for this purpose, cash or1securities describ . innesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and a rates and maturing on such dates as shall be required, without regard to sale and/or reinve ent, to pay all amounts to become due thereon to maturity. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish . nd provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"),_ City hereby certifies an e or covenants as follows: Not later than sixty da after the date of payment of a Reimbursement Expendi e, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of 13 71005802v1 Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith fol wing (but not prior to) the issuance of the Bonds, and not later than three years after the la i) the date of the payment of the Reimbursement Expenditure, or (ii) the date on e Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will . : de in a that evidences the City's use of Bond proceeds to reimburse the Reimburse m t Expenditur- if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bon. - issued. Provided, however, that the City may take action contrary to any of the foregoing • -nants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange co ssion (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, ana Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating OM accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in . ore than ten (10) business days after the occurrence of the event, in accordance with e Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the 14 71005802v1 Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The City Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Washington County, Mi a esota, together with such other information as the County Auditor shall r- • 're, and to obtain ' aunty Auditor's certificate that the Bonds have been entered in the Auditor's Bond R , , and that the tax levy required by law has been made. 22. Records and Certificates. The officer • f the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of a roceedings and records of the City relating to the Bonds and to the financial condition and affair of the City, and such other affidavits, certificates and information as are required to show the facts relating to the lega 'ty and marketability of the Bonds as the same appear fr..m the books andecords under their cu tody and control or as otherwise known to them, and all such certified copies, certfcates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of B Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or se the Project, or to cause or permit them to be used, or to enter into any deferred payme angements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax -Exempt Status oft Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Bonds are issued by a governmental unit with general taxing powers; (ii) no Bonds are a private activity bond; (iii) 95% or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the 15 71005802v1 jurisdiction of which is entirely within the jurisdiction of the City); and (iv) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representatio m • (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds a . ified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt'ligations (other than private activity bonds, treating qualified 501(c)(3) bonds as Rot being private activity bonds) which will be issued by the City (and all entities tr ated as one iss er with the City, and all subordinate entities whose obligations are treated issued by the City) during this calendar year 2021 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2021 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply •th any federal procedural requirements which may apply in order to effectuate the designati n made by this paragraph. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not .. art hereof, and shall not limit or define the meaning of any provision hereof. Adopted b �g®.® _ water City Council this 21th day of September, 2021. ATTEST: Beth Wolf, City Clerk 16 CITY OF STILLWATER Ted Kozlowski, Mayor 71005802v1 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the Cit Council, duly called and held on the date therein indicated, insofar as such minutes relate o sidering proposals and awarding the sale of $2,760,000 General Obligation Bonds, ® - 2021A. WITNESS my hand on September 17 71005802v1 EXHIBIT A PROPOSALS [To be supplied by Baker Tilly Municipal Advisors, LLC] A-1 71005802v1 EXHIBIT B SCHEDULES [To be supplied by Baker Tilly Municipal • visors, LLC] B-1 2022 Proposed Budget City of Stillwater September 21, 2021 Budget Factors Proposed 2022 w $1 12,700 Increase/Decrease in Operating Expenditures w 1 % of Levy w 1% In rease/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 Updated Information From September 7th Meeting ► Health Insurance ► Decrease = $64,268 m Adjusted Revenues m Increase = $71,685 w Fir » Department Study Increase = $40,000 Increase in Library Levy m Increase = $4,791 m Wellness Program Incentives Increase = $18,000 m Decrease Levy (Option 1) $70,000 Move Minor Computer Equipment Costs to General Fund (Option 2) w Increase = $70,000 Discussion Items Proposed IT Technician Position OR Professional Consulting Fees m Library Levy & Fund Balance - Decrease Levy (Option 1) OR Move Minor Computer Equipment Costs to General Fund (Option 2) Establish Preliminary Levy CONSULTING FEES Department Mayor/Council Mayor/Council Mayor/Council Mayor/Council Administration Building Inspection Engineering Engineering Administration 2022 Operating Budget Purpose Lobbyist City Code Updates Strategic Planning Economic Development Policies Police Department Review Plan Review/Inspection Contracting Speed Limit Study Complete Street Analysis Fire Department Review ill= TOTALS Requested $35,000 $7,000 $10,000 $10,000 $40,000 $15,000 $15,000 $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 w Proposed IT Position / IT Consulting Fees Department New/Modified Positions Proposed Position MIS IT Technician Administration Plant/City Hall Priority Critical Communication/Marketing High Facilities Maintenance High Community Development Economic Develop Intern Medium Inspections Building Inspector High Police Police Captain Critical Police Fire Fire Fire Fire Streets Sewer Parks TOTALS LEVY IMPACT Police Sergeant Critical Fire Services Specialist Critical Firefighter Critical Firefighter Critical Firefighter MWII Promote to Lead Worker MWII Critical Critical Critical Critical FTE Requested Proposed Notes 1.0 1.0 1.0 .50 1.0 1.0 1.0 0.125 1.0 1.0 1.0 $81,203 $88,747 $90,806 $16,766 $93,547 $81,203 $147,930 $147,930 $135,794 Employee or Consulting Fees $8,574 $8,574 Increase 5 hours/week $100,974 $100,974 $100,974 $100,974 1.0 $79,715 $39,858 % position proposed $5,058 $5,058 1.0 $79,715 $39,858 1/2 position proposed 11.63 $1,130,777 $1,125,719 $423,455 $418,397 w LibraryLevy&Fund Balance Library Fund Balance 2009 2010 2012 2014 2015 • 2019 2020 Fund Balance $66,038 $57,747 $52,577 $68,746 $84,775 $113,395 $115,465 $111,889 $130,457 $197,284 $250,138 $319,373 350,000 300,00 00 000 50,000 100,000 50,000 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Tax Impact Property Tax Levy Proposed 2022 vs Adopted 2021 August 17th: 2021 Adopted $11,270,799 CITY-WIDE LEV General Operating Tax Levy $3,678,755 Debt Service Tax Levy $14,949,554 2021 dopted Totals ii CITY-WIDE LEVY $13,128,127 $12,037,443 $766,644 $3,694,382 $3,894,382 $215,627 $16,822,509 $15,931,825 September 21st - Option 1: 202 equested 2022 roposed % Increase 6.80% 1 5.86% 6.57°/ $11,270,799 General Operating Tax Levy $3,678,755 Debt Service Tax Levy $13,128,127 $11,962,975 T$692,176 iir6.14% $3,694,382 $3,894,382 $215,627 I 5.86% $14,949,554 2021 Adopted $11,270,799 Totals CITY-WIDE LEV $15,857,35 September 21st - Option 2: General Operating Tax Levy $3,678,755 Debt Service Tax Levy $14,949,554 1% Totals d 2022 Re • uested $13,128,127 2022 Pro • osed $907,803 IMF $12,032,975 $762,176 $3,694,382 $3,894,382 $215,627 $16,822,509 6.07° 1 1 % Increase 6.76% 5.86% 6.54° Property Tax Levy Proposed 2022 CITY-WIDE LEVY Option 1 Option 2 General Revenue Tax Levy Required Debt Service Tax Levy New Debt Service Tax Levy $3,344,382 $550,000 $11,962,975 $12,032,975 ITotal Debt Service Levy r $3,894,382 $3,894,382 TOTAL CITY-WIDE LEVY $15,857,357 $15,927,35 W M O Levy 44,000 44,000 TOTAL LEVY $15,901,357 Property Tax Rate Proposed 2022 September 21 st - Option 1: ■ Property Tax Levy Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity City Tax Rate Actual Pay 2021 $14,993,954 September 21st - Option 2: Property Tax Levy Mr - Fiscal Disparity Portion of Levy City's Portion of Levy City's Taxable Tax Capacity City Tax Rate $1,459,753 $13,534,201 25,895,585 52.815% $14,993,954 $1,459,753 $13,534,201 25,895,585 52.815% Proposed Pay 2022 $15,901,357 6.055% $1,579,914 8.232% $14,321,443 $27,756,395 51.597% $15,971,357 $1,579,914 $14,391,443 $27,756,395 51.849% 5.820% 7.186% -2.329% 6.521% 8.232% 6.337% 7.186% -1.846% Tax Impact -Residential 2022 Updated Proposed tember 21 st - O • tion • r Market Actual City City Property Value Tax Capacity Tax Rate Tax Proposed Payable 2022 From 2021 to 2022 Taxable Market Value Tax Capacity City Tax Rate Property Tax $ Change % Change Proposed City 189,400 1,692 52.815% $893.62 200,000 1,808 51.597% $932.87 $39.25 4.4% 236,700 2,208 52.815% $1,166.14 284,100 2,724 52.815% $1,438.67 301,800 2,917 52.815% $1, 540.60 250,000 2,353 51.597% $1,214.08 $47.93 4.1% 300,000 2,898 51.597% $1,495.28 $56.61 3.9% 318,700 3,101 51.597% $1,600.02 $59.42 3.9% 378,800 3,757 52.815% $1,984.24 400,000 3,988 51.597% $2,057.68 $73.44 3.7% ptem er 21st - Option 2: Actual Payable 2021 Proposed Payable 2022 From 2021 to 2022 Market Actual City Value Tax Capacity Tax Rate City Property Tax 189,400 1,692 52.815% Taxable Market Proposed City Value Tax Capacity City Tax Rate Property Tax $ Change $893.62 200,000 1,808 51.849% $937.43 $43.81 236,700 2,208 52.815% $1,166.14 250,000 2,353 51.849% $1,220.01 $53.87 % Change 4.9% 4.6% 284,100 2,724 52.815% $1,438.67 301,800 2,917 52.815% $1,540.60 300,000 2,898 51.849% $1,502.59 $63.92 4.4% 318,700 3,101 51.849% $1,607.84 $67.24 4.4% 378,800 3,757 52.815% $1,984.24 400,000 3,988 51.849% $2,067.74 $83.50 4.2% City of Stillwater Washington County, Minnesota RESOLUTION 2021- ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2022 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $15,857,357 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2022. FURTHER BE IT RESOLVED, that the sum of $44,000 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel -specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2022. The Levy consists of the following: GENERAL TAX LEVY: DEBT SERVICE TAX LEVY: $ 11,962,975 Fund Required Levy for 2021 Amount 312 G.O. Capital Outlay 2012A 370,954 314 G.O. Capital Outlay 2014A 703,491 324 G.O. Capital Outlay 2014 (Armory) 85,000 326 G.O. Capital Outlay 2016A 558,075 327 G.O. Capital Outlay 2017A 399,667 318 G.O. Capital Outlay 2018A 489,057 339 G.O. Capital Outlay 2019A 428,138 321 G.O. Capital Outlay2021A 310,000 Subtotal $ 3,344,382 New Debt G.O. Capital Outlay 2022 550,000 Total Debt Service Tax Levy $ 3,894,382 TOTAL TAX LEVY $ 15,857,357 PARCEL -SPECIFIC LEVY WMO Levy $44,000 Adopted by the Stillwater City Council this 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2021- SETTING PAYABLE 2022 TRUTH-N-TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2022 Truth -in -Taxation meeting shall be at 7:00 p.m., Tuesday, December 7th, 2021. Adopted by the Stillwater City Council this 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Uwater THE RTHPLACE OF M i N N E S 0 1 A MEMO TO: City Council MEETING DATE: September 17, 2021 REQUEST: Consider Offer from MnDOT to Purchase Parcel at TH36/Greeley REPORT BY: Tim Gladhill, Community Development Director Nothing in this report should be interpreted as the City Council formally considering the purchase of a piece of property. The City is simply reacting to an offer from MnDOT for a remnant, developable parcel near the intersection of TH 36 and Greeley Street. Staff is seeking high-level direction from the City Council rather than a 'deep dive' negotiation — does the City Council want Staff to continue working on this request? Staff understands that this request was previously reviewed by the City Council, but a more explicit approval is needed in order to move forward. Additional materials may be added to this case prior to the meeting. The Minnesota Department of Transportation has extended an offer to the City of Stillwater to purchase a one (1) acre parcel at the northeast intersection of TH 36 and Greeley Street in the amount of $367,000. The amount seems generally reasonable and MnDOT has completed a Phase I Environmental Review. No significant environmental findings were reported as part of the Environmental Site Assessment, but there was a small note that the testing company did detect an odor during soil boring excavation, but nothing significant was found during actual testing. It is not unusual to detect some odor during the environmental review process. Oftentimes, it is nothing more than organic soils below grade. Nonetheless, the City should expect some degree of soils correct with any construction project. The City Council could consider acquisition for a number of reasons. • Better control of the end user above and beyond standard zoning controls o Land Use o Building Design • Increased opportunities for Business Retention and Expansion o This could fit nicely within the City's new Economic Development Authority (EDA) Strategy The City would not likely build a building on this site; rather would leverage this asset to attract a quality retail use at a key node. This could allow the City (and/or EDA) to be proactive is searching for a desired end -user and even use the future land sale price as an economic development tool as part of that process. Date of report Page 2 Staff has been in discussions for several months on this topic. Through a combination of Staff Transition and a need to better evaluate the findings of the environmental review, the City is now up against the deadline to consider. Staff has requested an additional 30 days to consider the acquisition, but also needs some high-level direction from the City Council at this time. ALTERNATIVES • Accept Offer to Purchase • Decline Offer to Purchase • Request additional time to review/consider RECOMMENDATION Staff believes there is merit to this acquisition as we advance our new economic development work plan. That being said, Staff will support the direction of the City Council and it is not critical to obtain this piece of property. The City still has underlying zoning authority to generally guide the quality of private development. If directed to continue to move forward, Staff would identify pooled TIF Dollars in the form of an internal loan to be paid back at the time of sale. Attachments: Offer Mu� DEPARTMENT OF ■TRANSPORTATION March 26, 2021 Sent via e-mail to: Shawn Sanders, Public Works Director ssanders@ci.stillwater.mn.us In reply refer to: C.S. 8214 (36=45) 905 Parcel 31 Washington County Conveyance No. 2020-0048 Dear Mr. Sanders, 395 John Ireland Boulevard Saint Paul, MN 55155 We are pleased to inform you that conditional approval has been obtained for the conveyance of the above -referenced real property as described in Exhibit "A" and shown in Exhibit "B" (the "Property"). The State of Minnesota, Department of Transportation ("Seller") offers to convey the Property to City of Stillwater ("Buyer") for a consideration of $367,000.00 in accordance with the following terms and conditions: 1. All current real estate taxes, existing or pending assessments, delinquent taxes, fees and penalties will be paid by Buyer. 2. Seller makes no representations about the status of the title to the Property and is not obligated to correct any title defects. 3. This conveyance is subject to the following, which will be included in the deed issued to Buyer (the Grantee described below is one and the same as the Buyer described in this offer letter): a. Access control described in Exhibit "A" and shown in Exhibit "B". b. The Property is subject to the rights of existing utilities, if any, as provided in Minnesota Statutes §161.45 subd. 3. 4. The Property and all improvements, if any, are being conveyed as -is and where - is. 5. Payment must be made in the form of a cashier's check, certified check or money order made payable to "Commissioner of Transportation — Trunk Highway Fund" in the amount of $367,000.00. 6. This offer is subject to and specifically conditioned upon receipt of the above - mentioned consideration on or before September 27, 2021. If such consideration is not received on or before that date, this offer is null and void and of no further force and effect; and Seller is released from any further obligation to An Equal Opportunity Employer Conveyance Offer Letter - Indemnity RC1019 3/25/2021 Shawn Sanders, Public Works Director March 25, 2021 Page 2 Buyer and may negotiate with other parties for sale or other disposition of the Property. 7. Upon receipt of payment for the conveyance, Seller will issue to Buyer a quitclaim deed using the legal description in Exhibit "A". Buyer agrees that upon issuance of the quitclaim deed, the Seller may record the deed in the Office of the County Recorder or Registrar of Titles as appropriate. Seller will provide Buyer with the recorded deed within 15 days of the return of the deed from the County. 8. The Seller may revoke this offer and cancel this conveyance in its discretion at any time before payment is received. The Seller shall notify Buyer in writing of such revocation and cancellation. Upon cancellation, this offer is null and void and shall be of no further force and effect; and the Seller is released from any further obligation to Buyer. Please submit any questions you have to Keith Jellinger at keith.jellinger@state.mn.us Please submit payment to: Minnesota Department of Transportation 395 John Ireland Blvd St. Paul, MN 55155 Attn: Keith Jellinger, MS 632 Sincerely, Joseph D. Pignato, Director Office of Land Management Enclosures: Exhibits A & B cc: Abbi Wittman, City Planner — awittman@ci.stillwater.mn.us Conveyance Offer Letter - Indemnity RC1019 3/25/2021 Abbi Wittman From: Dellinger, Keith (DOT) <keith.jellinger@state.mn.us> Sent: Tuesday, April 27, 2021 11:01 AM To: Abbi Wittman Subject: RE: MNDOT HWY 36/Greeley Attachments: 2020-0048_exhAerialNew.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. Ms. Wittman, MnDOT is ok with changing the conveyance as indicated in the attached drawing. Price will stay the same and offer status will stay as -is. The only thing that will change is the legal description, I can send a new legal description once completed if you need it. Keith From: Abbi Wittman Sent: Monday, April 19, 2021 2:37 PM To: Dellinger, Keith (DOT) Subject: RE: MNDOT HWY 36/Greeley Thanks for the quick feedback. The shape you indicated would be more than ample. Ideally we would only need an additional 60' (+/-) square for access. This would line up (approximately) where the current asphalted access ends. I appreciate the follow up. Please let me know if the offer changes. Abbi Jo Wittman P: 651-430-8822 F: 651-430-8810 From: Dellinger, Keith (DOT) [mailto:keith.jellinger@state.mn.us] Sent: Monday, April 19, 2021 1:54 PM To: Abbi Wittman <awittman@ci.stillwater.mn.us> Subject: RE: MNDOT HWY 36/Greeley [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. We wouldn't provide an easement but I can try to see if we change the conveyance shape to make the south line of the new property go from TB147915 to TB147918 so it would add the triangular shape the south end and you could probably make something happen with that. Attached is a quick edit I made on exhibit B showing the proposal. i Keith From: Abbi Wittman <awittman@ci.stillwater.mn.us> Sent: Friday, April 16, 2021 2:23 PM To: Dellinger, Keith (DOT) <keith.jellinger@state.mn.us> Subject: MNDOT HWY 36/Greeley This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. Hello Keith: Thanks for getting back to me. I understand the limitations with the phone; it is good to know email is preferred. I will advise my team the appraisal is private data and reach out to you if there is additional conversation needed regarding this. The other question I asked is whether or not MNDOT would be favorable to an easement on the south side of that property. As shown on Exhibit B, there is access to the southeast but it ends at the SE property corner. We are hoping we would be able to have access to provide a two-way drive in that area. If it is better to set up a time to talk, please let me know. Abbi Jo Wittman, City Planner 216 4th Street North, Stillwater, MN 55082 P: 651-430-8822 I F: 651-430-8810 2 March 25, 2021 2020-0048-8214 DESCRIPTION FOR CONVEYANCE Parcel 31 C.S. 8214 (36=45) 905 All of Tract A described below: Tract A. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at Right of Way Boundary Corner B11816 as shown on Minnesota Department of Transportation Right of Way Plat 82-131 as the same is on file and of record in the office of the County Recorder in and for said County; thence on an azimuth of 179 degrees 35 minutes 55 seconds along said boundary of said plat for 341.93 feet to the Right of Way Boundary Corner B11822; thence on an azimuth of 270 degrees 35 minutes 55 seconds for 155.76 feet; thence on an azimuth of 357 degrees 48 minutes 19 seconds for 300.15; thence deflect to the right on a tangential curve, having a radius of 38.00 feet and a delta angle of 92 degrees 29 minutes 32 seconds for 61.34 feet; thence on an azimuth of 89 degrees 35 minutes 20 seconds for 126.63 feet to the point of beginning; containing 1.25 acres, more or less; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 36 from the lands herein conveyed. BLANKDESCRIPTION Page 1 of 1 RLD1001 3/25/2021 ►� 6' DRAINAGE & UTILITY • A► EASEMENT DOC. NO. 573683 ►7� EASEMENTNDOC. DRAINAGE/UTILITY 604385 & 604708 Ivo 0 0 6' DRAINAGE & UTILITY i EASEMENT DOC. NO. 644207 COMMUNICATION _ INE EASEMEN TB14791400 d. 401111 TRUNK CONVEYANCE 2020-0048 METRO CS 821A t36■45) 905 PARCEL 31( 1.25 ACRES R/ MAP( 179-28C COM. ORD.( 96060 (PLAT 82-1313 SCALE( 1- • 100' TB14791 I DGE 6 ECOND7 TIO B11808 B11809 B11820 ur 68C.DNO NO4380g04381 &A604709 B11811 10' DRAINAGE & UTILITY EASEMENT DOC. NO. 918227 HIGHWAY PERTY illwater THE BIRTHPLACE OF MFNSOTA PLANNING REPORT TO: City Council MEETING DATE: September 21, 2021 RE: 602 Churchill Street West — Potential Fence Violation REPORT BY: Graham Tait, Zoning Administrator INTRODUCTION James and Geraldine Gorder own the property at 602 Churchill Street West. The City of Stillwater received a complaint that a six-foot fence was being built in the front yard of this property, and City records did not indicate that a fence permit had been approved. On August 27th, 2021, the City's Zoning Administrator inspected the property and noticed there was in fact a new six-foot fence built in the front yard; which was actually constructed in the City Right -of - Way (ROW), right along the edge of the sidewalk. Staff sent the property owner a letter requesting that they remove the fence, or shorten the height of the fence and submit a fence permit. Subsequently, the property owner called the Zoning Administrator to explain that they were only replacing a fence that had been there since they purchased the house decades ago. ISSUES Aside from the lack of fence permit, there are really two issues on this property that City staff would like a bit of guidance on. 1. The fence regulations only allow for a fence height of four feed in front yards. However, the existing fence in the front yard, that was being replaced, was also six feet and in the same location. But the fence code clearly states that fences being replaced must come into conformance with current fence regulations.2 That being said, Chapter 31-216 "Nonconforming Uses" of City Code puts forth that nonconformities may be replaced, just not expanded.3 In summary, these two sections of City Code directly conflict each ' City Code quotes a maximum height of 42", however Stillwater rounds to the nearest foot, allowing for four foot fences. 2 "City Code Section 31-508 Subd. 5. Existing. No existing fence in violation of this Section 31-508 will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this Section 31-508." 3 "City Code Section 31-216. Any nonconformity, including the lawful use or occupancy of land, buildings, structures or premises existing at the time of the adoption of an additional control under this Chapter 31, may be continued (including through repair, replacement, restoration, maintenance, or improvement, but not including expansion) unless:[...]" September 21, 2021 Page 2 of 2 other. Additionally, based on evidence on record, it is unclear if the original fence complied with applicable regulations at the time of construction in the first place. Current regulations have been in place for some time. 2. The fence was built over the property line by about 3 feet and it is on the public ROW. No previous approval for this encroachment can be found on record. REQUEST City Staff is seeking guidance on the above two issues, which is summarized in the questions below: 1. Does the City Council find that this nonconforming structure is a lawful, non -conforming structure and therefore can be reconstructed at the six (6) feet in height in the front yard? 2. Is the City Council content with this encroachment of the fence onto the Public ROW, or would City Council wish to have the fence relocated onto the said property? Fence Prior to replacement December 2006 1945 Aerial — Unable to tell if there is a fence CN � N pl WEB a w a illwater THE BIRTHPLACE OF MFNSOTA PLANNING REPORT TO: City Council MEETING DATE: August 25, 2021 RE: 922 William St N — Possible Home Occupation Violation REPORT BY: Graham Tait, Zoning Administrator INTRODUCTION At the September 7, 2021 City Council meeting, Council received a complaint about the property at 922 William St N operating a home occupation that is a neighborhood Nuisance. The property at #922 has a home occupation permit to operate a landscaping company, with conditions attached concerning outdoor storage and noise. BACKGROUND Below is a detailed history of the enforcement efforts associated with 922 William St N: 5/ 1 /2017 At some point the City received a complaint about outdoor storage at 922 William St N, and Officer Frank inspected the property and saw no illegal storage. The PD also visited the property on 4/25/2017 and 4/28/2017 and saw no storage in violation. At some point this case was closed out. 6/20/2018 Zoning Administrator (ZA) received a complaint about a home occupation at 922 William St N. New case was opened. 11/15/18 ZA received second complaint from same complainant with same issues. Same day ZA asked Community Service Officer (CSO) to visit property and check for issues. The complainant put forth that the neighbor is not following the Home Occupation regulations - Running equipment and doing maintenance on equipment after hours allowed. 11/19/2018 CSO visited the property and observed no violations. He said he'd visit with the property owner to discuss. Home Occupation Violations Page 2 of 4 5/15/2019 Complainant contacted ZA and explained the situation and wanted the city to pursue violation. The case was still open from 2018, but no progress had been made, so Graham decided to reinvestigate this issue. 5/28/2019 ZA drove by, inspected the front property and saw nothing in violation. 7/31/2019 Officer Junker went to the property to take noise readings. The property owner ran thru his daily routine while the readings were taken. Officer Junker reported that the sound readings did not break the noise ordinance 8/5/2019 A letter was sent to the property owner of #922 explaining no violation was found ANAYSIS The property at 922 William St North obtained a Home Occupation permit in 2016 (attached). This home occupation permit is a Type 1, which has regulations that limit the activity that can take place. The following regulations are specific to Type 1 Home Occupations. Regulation / Condition Status 1. No outside storage or display of products, equipment or merchandise There have been complaints in the past about outdoor storage. Inspections have shown that a trailer is kept in the rear yard behind the garage. 2. No in -person retail sales There have never been complaints or witnessing of this regulation being violated. 3. No traffic greater than the residential level of the neighborhood There have never been complaints or witnessing of this regulation being violated. 4. No separate business entrance Just store materials in the garage, no separate entrance. 5. No signs There is no signage at this property 6. Not more than fifteen percent (15%) of the total gross floor area of a dwelling unit or three hundred (300) square feet Store equipment in the garage but that is the extent of the space this takes up. 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electrical or television interference is permitted if it is detectable by adjacent neighbors The City has received complaints that this regulation is in violation. During a 7/31/2019 inspection, noise readings were taken. According to the noise readings alone, this property was not in violation. (During the inspection, though, blades were not sharpened.) 8. All Type I Home Occupations must be registered with the Community Development Has a permit Director on a registration form provided by the City Home Occupation Violations Page 3 of 4 9. Any Type I Home Occupation use that If the storage or noise standards are believed to exceeds the standards set forth in this section be in violation, this property may require a requires a Special Use Permit SUP. 10. No non-resident employees are permitted. There have never been complaints or witnessing of this regulation being violated. The scale of this lawn care operation is small and in many ways does not violate the home occupation permit. Upon review of this case staff feels that if two issues were addressed, that this home occupation would be in compliance and would not constitute a neighborhood nuisance. • Blade sharpening is an overly loud event, and does not seem appropriate to do on a regular basis in a residential neighborhood. Staff feels that any blade sharpening should occur off - site. • Secondly, there have been some evidence of dumping landscape debris on the property of 922 William St. Staff puts forth that this is a direct violation of the Nuisance Ordinance, and staff would require the removal of any current accumulations, and to avoid future accumulations of yard waste on the property. The City Council should provide direction as to whether correction of the above two items is sufficient to achieve compliance or direct Staff to commence the revocation process of the Home Occupation Permit. REQUEST Staff is requesting guidance on this particular Home Occupation case. Also staff is requesting guidance on the general appropriateness of certain Home Occupations in residential areas. Staff has had to deal with lawn care Home Occupation problems before in the past, and is currently dealing with it at another property as well (2337 Eagle Ridge). Does council want to relook at and discuss the allowance of home occupations relating to lawn care in residential neighborhoods. Home Occupation Violations Page 4 of 4 Fee: . $2 Date 14 Rexlpt NO CITY OF STILLWATER - TYPE I DOME OCCUPATION PERMIT NON-TIV NS LRBALE Dste Name of Business fiuy111Sti Ltrealittn Name of Applicant Phone Entaii Website Occupation Type Narrative Description p4 C urt �SrL�Y+ rcb w�lej+ Lr+C-• `.icetodi— .rr ti 9�k. S 1,-LicAt4' 14A t, V'r, lotn-g 65\-7S-,71'a3 WH Qr+ $tdG�..1 Co.rr+F-C! .-lot r �j.y nrv� t.}ier'S Pt 1A1.40-- 3`SSt r.. S OrIAL I Ce4A Cal -4111-10.-1 �q L ev44s Banc+«, -C w•.]ti' racer c�:.v., .:1tti. ort my Th1 KS. S '"P'" /yam r h Wes-- 11a+�i' r,.tlal,x ti d.: CrZeoert4 inLII e4 i)u►, r Yiemng. Commernief aciivitics in residential structures arc snhler' to review by the City of SIillwate Building and Fire Departments. Penults will hareviawed by the Community Development alreciarupan complaint, Type I Home Oeuuptttirms are pertnitted in the RA, LR, TR, CR,. and RB Zoning, n Lslrlria as per Set, 3I-50i101' [k!_uning OrdItiancr. Rcgulution3 Far Type [ Harts Occupations es falluwa' 1. No outside storage or display of products- equipment or merchandise, 2. No in -person retail sales; 3. No tropic greeter than the ienidlenti J Level of cite neighborhood; a. No separate business entrance; S. No lips; f. Not more than lilieen percent { 15%j of the total grass floor area sea dwelling unit or three hundred t.JOElj iqusre feet, whichever is Ito la devoted to I Wale Occupation use: 7. No netivIty or equipment may he used that croons noise, vibration, glare, limes. odor, or elcttrical or lelev{skri interirrmec hs permitted flit Is dctr`rctnblr: by adjacent ncightmN: S. All Type f Huns Oncupaiinns must he registered with Mt Community Develvptneirt Di nadir on a reestrnUan farm prodded by the City; 9. Any Type I Hanle [Sccupetion use that exceeds the stantlards set ford' to this section rrt{uireS n Special Use Potmii. 10. No Run-residentcmployeare permitted, "► rtereby affirm Oral liar fr regrrrng stnremenl., and till dead. in i mnlinn arrd evidgnev srrbaullred hcrewath in all rtislaecrs, ru the hue uj'my knowledge earl belief, are olio tired cornet. 1 jirrlhrr cerlFfi. 1 will cnmplr with the per, rir rf rr rs gr•pmcrl prxi used" Applicant Signature OFFICE USE OIVIN CondliEnnsoi Permit Apirrov.irlt 1 %nh% ildtriLate Ipv Cammunny Development Direct 't:jty Ptitrmcr •- �'. I9•l c l]a� 1Pn[e.uf A pprmtal Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, HR Manager DATE: September 16, 2021 SUBJECT: Employee Giving Campaign in Support of United Way Washington County East BACKGROUND The City of Stillwater operates an employee wellbeing program with wellness pillars in Career, Financial, Physical, Social and Community programming. In August, the City's Wellbeing Program Committee chose to move forward with a United Way Washington County East (United Way) employee giving campaign in support of the community wellness pillar. The City will host an educational lunch and learn on Thursday, September 23. During the event, the employees will learn about its local United Way and the myriad of community needs and programs it supports. Employees will receive wellness program credit for attending the event. Starting in October, the Stillwater community will participate in a local United Way campaign, and the City will launch its employee financial giving campaign in alignment with the Stillwater community. Employees will be eligible to enroll in payroll -deducted donations as well as one-time gifts as options during the campaign. By collaborating with the United Way Washington County East, the City of Stillwater employees will support community wellness and help build a stronger community. RECOMMENDATION Staff recommend approval of the resolution entitled, "Approving United Way Washington County East City of Stillwater Employee Giving Campaign." City of Stillwater Washington County, Minnesota RESOLUTION 2021- APPROVING UNITED WAY WASHINGTON COUNTY EAST CITY OF STILLWATER EMPLOYEE GIVING CAMPAIGN WHEREAS, the City of Stillwater supports an employee wellness program that includes a Community wellness pillar as a core value of the program; and WHEREAS, United Way Washington County East (UWWCE) funds local community basic, education, financial stability and health program needs, aligning with the City's community wellness program pillar; and WHEREAS, Stillwater's local community giving campaign begins in October; and WHEREAS, the City of Stillwater staff support forward movement of an employee giving campaign in an effort to build a stronger community via their donations to the United Way Washington County East. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves employee participation in a giving campaign in support of the United Way Washington County East effective October 1, 2021. Adopted by the Stillwater City Council this 21st day of September, 2021. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk lllw er FYI THE BIRTHPLACE OF MINNESOTA FIRE DEPARTMENT September 21, 2021 Stillwater City Council 216 Fourth Street North Stillwater, MN 55082 Dear Mayor and City Council Members: The Stillwater Fire Department invites the Stillwater City Council to help kick off this year's Fire Prevention Week Campaign. National Fire Prevention Week 2021 is October 3-9. This year's national theme is "Learn the Sounds of Fire Safety!" The campaign works to educate everyone about the small but important actions they can take to keep themselves and those around them safe. "It's important to learn the different sounds of smoke and carbon monoxide alarms. When an alarm makes noise - a beeping sound or a chirping sound - you must take action!" said Chief Glaser. "Make sure everyone in the home understands the sounds of the alarms and knows how to respond. To learn the sounds of your specific smoke and carbon monoxide alarms, check the manufacturer's instructions that came in the box, or search the brand and model online." To show our appreciation for your ongoing support of the Stillwater Fire Department in May Township, you are cordially invited to share dinner with the Department and meet the staff. Please join us: What: Dinner/Open House When: Tuesday, October 5, 2021 Where: Stillwater Fire Department Time: 5:30 pm RSVP Judy Brueghel (651) 351-4963, by Friday, October 1, 2021 In addition to this event the Department will be hosting other events throughout the month of October to help educate citizens on fire safety. Numerous station tours, school visits, and our ever popular Open House will be held on Saturday, October 9th from 10:00 am — 1:00 pm. During the Open House, SFD will be hosting a blood drive and Memorial Blood Center will have their Bloodmobile on site. To register go to: https://www.mbcherohub.club/donor/schedules/drive_schedule/68073 and enter sponsor code 4795. Thanks for your support! Sincerely, Stuart W. Glaser Fire Chief (651) 351-4970 250 Maryknoll Drive • Stillwater, Minnesota 55082 PHONE: (651) 351-4963 • FAX: (651) 351-4967 Washington County BOARD AGENDA September 14, 2021 - 9:00 AM 1. 9:00 Washington County Regional Railroad Authority A. Roll Ca11 Pledge of Allegiance 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 B. Approval of the Regional Railroad Authority minutes from August 10, 2021. C. Adopt a resolution authorizing Washington County Regional Railroad Authority withdrawal from the Third Amended and Restated Joint Powers Agreement (JPA) of the Great River Rail Commission. 9:20 D. Adjourn Washington County Board of Commissioners Meeting Convenes 2. 9:20 Roll Call 3. 9:20 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 4. 9:30 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 to reappoint Gerald Johnson, Stillwater, and Celia Wirth, Grant, to another term as Managers on the Brown's Creek Watershed District expiring October 21, 2024. B. Approval of county comments on the creation of Tax Increment Financing (Redevelopment) District No. 14 in the City of Stillwater and direction to submit comments in a letter. C. Adopt a resolution authorizing the Community Corrections Director to execute the Joint Powers Agreement (JPA) for East Central Regional Juvenile Center (ECRJC), a secure juvenile detention and treatment facility. 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 D. Approve Contract Agreement No. 14317 between Impact Group Software and Services, LLC dba Cashe Software and Washington County, in the amount not to exceed $300,000 for the period of September 14, 2021, through August 14, 2026. E. Approve amendment to Metropolitan Council Grant Agreement No. SG-14928 to increase the awarded amount of the grant by $123,474 for Lake Elmo Park Reserve and Central Greenway Regional Trail and Pavement Improvements. F. Approval of License to Use Real Property Agreement No. 14305 with the Washington Conservation District for installation and maintenance of bait disposal containers and signage at the listed County Parks. 5. 9:30 Minnesota Inter -County Association (MICA) Annual Report - Matt Massman, Executive Director A. Presentation by Minnesota Inter -County Association (MICA) of the 2021 Legislative Session outcomes. 6. 10:00 Washington County Community Development Agency - Karly Schoeman, Deputy Executive Director A. Adopt a resolution to approve the 2020 Consolidated Annual Performance and Evaluation Report for Submission to the U.S. Department of Housing and Urban Development. 7. 10:15 Library - Amy Stenftenagel, Director A. Adopt a resolution to proclaim September 2021 as Library Card Sign -Up Month. 8. 10:25 Public Works - Wayne Sandberg, Deputy Director/County Engineer A. Approval of Contract No. 14287 with Alliant Engineering, Inc. to complete final design for the County Road (CR) 65 (Oakgreen Avenue) Improvement Project in the amount of $537,180. 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 9. 10:35 General Administration - Kevin Corbid, County Administrator A. Certification of the 2022 proposed budgets and levies by adopting: 1. Resolution - Certifying the proposed property tax levy payable 2022 for Washington County. 2. Resolution - Certifying the proposed property tax levy payable 2022 for the Washington County Regional Railroad Authority. 3. Resolution - Adopting the Washington County proposed 2022 budget. 4. Resolution - Adopting the Washington County Regional Railroad Authority proposed 2022 budget. 5. Resolution - Consenting to the proposed property tax levy payable 2022 for the Washington County Community Development Agency. 10. 11:05 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 11. 11:20 Board Correspondence 12. 11:20 Adjourn 12:00-1:30 PM Employee Recognition Luncheon hosted by the County Board - Lake Elmo Park Reserve, 1515 Keats Avenue North, Lake Elmo, MN 55042 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