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2022-10-18 CC Agenda Packet
® Zoom Meeting Participant ID: 516340 leole Join Audio leole Start Video Tim Gladhill Security Beth Wolf Mark Lambert Stillwater IT Chambers Stillwater IT Chambers •• 8 das Participants Share Screen 1651****296 0 Record • Reactions of Apps ... More ..e View Participants (8) Q Find a participant m O O m E (Co -host, me, participant ID: 516340) 01 Stillwater IT (Host) Stillwater AV leole 1651****296 Chambers Mark Lambert Tim Gladhill Invite Mute All 0 co 01 » Type here to search 0 nih Pa O'U (Jo 7:OS PM 10/18/2022 Heritage Preservation Commission Awards HAPPY BIRTHDAY STILLWATER! Sauntry Mansion Adaptive Resuse Vick Residence Residential Restoration Collier Residence Residential Restoration Washington County Heritage Center River Siren Brewing Façade Restoration Brick + Linen Downtown Business Sign Ron Brenner Architects Individual Contributions Isaac Staples Mill Building Brine Family Master Sign Plan CSAH 5 IMPROVEMENTSPHASE 2PUBLIC HEARING STILLWATER CITY COUNCIL OCTOBER 18 , 2022 CSAH 5 IMPROVEMENTS PHASE 2Washington County has planned road and pedestrian improvements on County Road 5Phase 1 Stillwater Boulevard and Olive Street ( CroixwoodBoulevard to Pine tree Trail) completed in 2018 Phase 2- Olive and Owens Street- Pine Tree Trail to Sycamore Street was planned for 2019, but it was delayed due to the Pandemic. Phase 3 – Sycamore Street to TH 96 includes pedestrian connection to Browns Creek Trail CSAH 5 STREET IMPROVEMENTSPHASE 2Project would consist of:Mill and overlay- Entire length of projectReconstruct concrete curbs and sidewalks - Owens ( Olive to Sycamore)Narrow Owens Street (Olive to Sycamore)Olive to McKusick ( 44’ to 42’)McKusick to Sycamore ( 44’ to 38’)New sidewalk - east side of Owens (Wilkins to Sycamore)Relocate storm structures at intersectionsADA pedestrian ramps at all intersectionsRelocate hydrants at ramps CSAH 5 STREET IMPROVEMENTS PHASE 2 CSAH 5 STREET IMPROVEMENT PHASE 2Project CostsTotal Estimated Project Cost $4,040,856.00Per Washington County Cost Participation Policy, City of Stillwater is responsible for 1.50% of new sidewalk, and curb and gutter2.A percentage of traffic control, erosion control and mobilization 3.100% for all water main and sanitary sewer workNo City cost for Mill and Overlay Estimated construction cost to City - $344,603.75Estimate Project cost to City - $485,923.00 CSAH 5 STREET IMPROVEMENT PHASE 2Funding•Propose to assess cost of curb and sidewalks to property owners ($183,290.05).•Remaining costs to be paid for by using Water utility funds and Municipal State Aid funds ($ 302,132.95).Water Utility Fund $57,500.00Municipal State Aid $245,132.95 CSAH 5 STREET IMPROVEMENT PHASE 2FundingAssess per unit for single family homesCorner lot -0.5 unit, interior lot -1 unit Duplex Corner – I unit, Duplex interior lot - 2 units Multifamily Corner lot - 0.4 unit Assess frontage length for commercial, City, and school property Unit Assessment - interior $1,580.66 per unit corner - $790.33 per unitDuplex – $3,161.32 per unitMultifamily corner – $632.26 per unitFront foot assessment $20.48/ lfTotal (107 properties) Assessed. CSAH 5 STREET IMPROVEMENT PHASE 2 CSAH 5 STREET IMPROVEMENT PHASE 2Assessments $183,290.05Water Utility Fund $57,500.00City (Municipal State Aid) $245,132.95Total Project $485,923.00 PAYMENT INFORMATION• Paid lump sum ( no interest paid) • Added to property tax over a five year period @ 4.50%(Estimated)EXAMPLEFor an assessment of $1,580.66, the payment 1styear $316.13 (principal) + $71.13 (interest) = $387.262ndyear $316.13 (principal) + $56.9 (interest) = $373.035thyear $316.13 (principal) + $14.23(interest) = $330.36 CSAH 5 STREET IMPROVEMENT PHASE 2PROPOSED SCHEDULE Feasibility Study - September 20, 2022Public Hearing October 18, 2022 Approve Plans November 1, 2022Bid Advertisement December 2022Bid Opening January 2023Bid Award February 2023Construction May – October 2023Assessment Hearing October 2023 CSAH 5 STREET IMPROVEMENT PHASE 2PROJECT IS TECHNICALLY AND FINANCIALLY FEASIBLE RECOMMEND COUNCIL CONDUCT PUBLIC HEARING, ORDER IMPROVEMENT AND PREPARATION OF PLANS r 4t -r t L., _ Maps 5 ) il—, (I cc iza Quest to. X 1 1 1 --) 1 -...11%**•• (4, e_vs c, 5 +- D c L O .1" ,..7.,,,,,,,,,17,177,17.....71371..776717,..7 70•.{ 7.1.7.4tift.7.1.1M7777,77•74,77 r• • .7. •, . • ..,,,,ereareeatcarmourestiPermBee...- 47777747 7. •-• ...1....7.711111.7,77•7777. %AA*. • ...*••• ••• • v.., 0....•••••IMYMOXIMeta.:.. e • • r, • .ral ous, ca. hotel ton icdit and save 7, V i ti vait s„_ some re,:it deals! de (1-877-577-5766) .4"pzeieee...• • = e • •••• •• • - •• • • • ' • - " " ar trouble, mid-trIp? Ma Quest Roadside Assistance is here: ,1888-461-3 2a) 1 V' Aole••••••••.**. 1 7. 2 3 • QUICv1 ... 1 Stillwater The Birthplace of Minnesota.' Public Commenti Print Name: \ .0 A Cam- %.P S Address: 91 b 0 c_k_.)y City: fi, 1, L l v4,, t. P' 114M Comment/Topic: N' a r C.D et: y t,o.A 7\-4s)r--- cst-A.)e-L/N,. e I i v.e k i / 11--leA, 1 i + - trr t • C' ,[�. A qT c.) C \A � p v'\ Visitors may share with the City Council their comments or concerns on any issue that is a responsibility or function of City of Stillwater Government, whether or not the issue is listed on this agenda. Persons who wish to address the Council must fill out a comment card before the meeting begins and give it to the City Clerk or the City Administrator. The Mayor will ask you to come to the podium, state your name and address, and present your comments on the topic listed on your sign -in card. You are encouraged not to be repetitious of any comments made by any previous speakers and to limit your presentation to no more than five minutes. The Mayor reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative; if it does not address the topic listed on the sign -in card; or if it is not relevant to an issue that is part of the City of Stillwater's responsibilities. The Mayor may also limit the number of individual presentations to accommodate the scheduled agenda items. TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY OWENS AND OLIVE DIVIDED WITH A TRIANGULAR DIVIDER 5 z NTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON gyz C3 Z a a LIJ w cc 0 n ❑ w z Ch CO 3 0 r w 4 0 co 0 w LA - ch CC uj o p � z W o lJ • w TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY OLIVE EAST OF GREELEY COULD BE BLOCKED -OFF SO CUSTOMERS STANDING !N MPORTANT OR IT WOULD TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD. HELP STOP TRAFFIC FROM CROSSING NTERSECTIONS CREATING A ITSELF SO MUCH ON THESE VERY HEAVILY USED MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS (N) 4-70 w A Z Z p O Z O cc z z 0_C W W = z a Q u' �,. 1— cc m Z O ¢ Z cc v`ni C7 pC w g 0 0 zl"`• ��? OOz wL 0 W Z a O "-J y• z. U¢ 0 Z m ti > - 0 cc m >. - c W a P. II-- W O V t11 Q {.� u.. C] (��, ''` m O H �__ ��,,, • co V w oC m cc a W a �n Z O = tx OG OC to a z �+ J O C9 u H �— W O V I- < •zz W O 2 .w > W J a O u`. W Q 4i w _ O ( 0¢ cc a_ 4 0 O I.- 0 0 �] m r1 cn z 0 • L7G U Z cc I- a W w >- 0 w h ▪ = = p °- O F. o4c Z Z w O W W Z• = O W z [y • V') m W G W Q To 4� Q 0 m w 4 Q W= >- O Z W D �� Q j W 0 O W • O O W Z W F- > ▪ s L - F_- U. W a CO U W ?,� O F- W - R o o o o W z = W co a o° J P~ 0 z n O - w Z 0 W O T W w F=.. y, ,, Q 62 03 0 u▪ = W W Y Q 0 C~C z 7= w p a ~ Y u. O O • H >-a ,.c I-- CC W vti cn 11) LW Q �-.-. cn cu 7 ▪ w - I_ Z H p 0 m m H Z 0 CaO 0 w _ } a >. w C� = Z cn W �' g a z cc O oac 0 oJ� � �o�m Wue) I- a°a^Ia- J o a Z 1- D C[j I-- o a W ,11J N CA 0 Z O W L}l.l (7 V1 I-WUnt UJ H W Z a) W Ce Z (�w > W Q a W 0>,> CO Q _ W= J V} W 0 uJ T'" _I GC X cc J O --i Uf Z ,e • Z H H O l7 w I- r HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS THAT CAN BE AVOIDED . W Lu O 5 6 FOR LACK OF BETTER z 0 cC ro z 1- d 0 w D 0 a W CO 0 J 0 z m 1- 0 z w 0 W • N z w 0 z J CC } J z OC W 1-- W cc LAJ 1-� 1- .J z 0 517 t 0 7- CC 2 cc N cc 0 ..I G l/1 z z Cl Ln w CC z D 0 m c/3 >- W W z 1- W 0 >- W W CC 0 NI J CC >- C9 z LU J CC } Q W J w W CC z 0 15 cc w 1— cc (72 RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. 2 LL 2 W J 0 0 z w 0 _.J N LL co C1 CO 0 w 0 LLJ LJ„! L1J CC 0 74LW LU w J 0 M J J z W CC 0 W CC W a LL J J 70 re 0 cc a W 03 m 0 m J a W m 0 CC 0 W J w w z 0 m Q w wC' LL I-+ Q ix V W W re z_NN 0 V 0 ce LL LL LL d 0 tn O.. w N [L1 W ITSELF SO MUCH ON THESE VERY HEAVILY USED W H 0 W 0 • LL LL CC 1- CC 0 0 0 z 9 0 0 0 W W } 0 BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT EXPENSES , TRANSPORTATION TIME / FRUSTRATION EXPENSES. FURTHERMORE 1 0 CZ W z 0 z 0 W N CO M J a 5R 0 L1. W 0 0 1-- z cc W z HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS cc LL LL cc d Q CI LL 0 w to 4/1 0 Lu CO THANK YOU. THAT CAN BE AVOIDED . z 3 TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY w ❑ ce LJ 2 I-- ❑ w w 0 z z 0 O ft TERMINOLOGY J HAVE OLIVE ONE WAY TO THE EAST TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON GREELEY TO MYRTLE , WITH AN EXIT WESTBOUND INTO RAMSEY ST, AND AN EXIT ONTO OWENS SOUTHBOUND FROM RAMSEY . FURTHERMORE , A THIRD TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY T OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN FFJC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED OLIVE ST WONT BE IN TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT TION EXPENSES. FURTHERMORE I EXPENSES, TRANSPORTATION TIME / FRU 0 w HAT IT WOULD TAKE APPROXIMATELY 30 SECOND LON UNDERSTAND HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING 1 KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS THAT CAN BE AVOIDED w 5 w w LIVING AT (0 IT WOULD BE A GOOD IDEA TO PUT IN A % ROUND FOR LACK OF BETTER TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY w 5 178 1- w ❑ O z z W O a LAJ 0 E INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON d F- 04 >'007 • CC CC Z 0 m 4C z Le)- Q W �q 4+ w � t�7 4 0 'Q co z �-- O o w N tn Fcic escc 0 0 5 • 0 Z w F^ 6t▪ C cc RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY OLIVE FAST OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME OF THE BUSIEST INTERSECTION IN STI•LWATER . WITHOUT NEEDING TRAFFIC LIGHT TION EXPENSES. FURTHERMORE 1 UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING 1 KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS TO BE MORE OF AN ISSUE THAN ALL OF THE PEDESTRIAN AND TRAFFIC RISKS THANK YOU THAT CAN BE AVOIDED . r TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY OLIVE ONE WAY TO THE EAST TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON GREELEY TO MYRTLE , WITH AN EXIT WESTBOUND INTO RAMSEY ST, AND AN HBOUND FROM RAMS, FURTHERMORE , A. -THIRD EXIT ONTO OWENS S TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY OLIVE EAST OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING JN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME Of THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT , TRANSPORTATION TIME / FRUSTRATION EXPENSES. FURTHERMORE 1 UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS TAKE 30 SECOND AT TIMES. ONE OTHER THING I KNOW IS IT WOULD A LONGER FOR A FIRE TRUCK TO REACH TO BE MORE OF AN ISSUE THAN ALL OF THE PED THANK YOU THAT CAN BE AVOIDED . w w no IT WOULD B TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY T OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN O Z O Q 3 I- w w O L I- O ct CC ° z a © m CO a re 0 m- u u � O Q 0 u°C. u I-- 5 U tie! 17- rZ Q W m O CC port u 0 Q W g< p Cc O O NOT ALL 3 WOULD NEED ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME OF THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS vI ce u a 4 L Lu THAT CAN BE AVOIDED . FOR LACK OF BETTER z 0 z 0 co 1- 0 Ln z W z O w O> cc z z w a 0 O Z Q C ❑ CC O C} 0 G Q Q } W co J 0 z 0 W w 0 cc - z . reI 1-� ❑ 5 w 0 Ln 0 Q LU 0 cg z J 0 z 0 0 m cc z W 0 0 1— LLJ J LU 0 >- W w CC z 0 LViJ CC o z < 2 L.1 oc Lu 0 n La. z ❑ ›- z got L!i 0 Q m IiCC F- 0 CC l7 w OWENS BEING ONE WAY ALSO HEADING WEST. a ict L.1 U 0 cO 0 } LLJ LW LLd O LW LW W W J 0 J J z LiJ 0 Lei W cc V W a LL. J 0 0 0 OC a W 0 m CI 0 m J F- 0 03 0 0 F- CC z J W w 0 0 0 co w 1— L.) k LL. 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ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND 2 1-- W J W CO 1— O 0 Z 0 cc W 0 U cc w ce LL tr 0 DC W Z 0 TRAFFIC RISKS TO BE MORE OF AN ISSUE THAN ALL OF THE PEDES THANK YO THAT CAN BE AVOIDED . LIU w CO • J w 0 W � z m � 0 OC° Y = ~ 5 O W z o O > W i a Z z w a 0 0 • Q ❑ FC O } 0 a W • >- m - J ❑ El 0 CC -1- W I-- QC w ❑ ce 2 Ee- UJ 0 ❑ ❑ Ln W 0 a CT1OM AS SM'O kJ INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON 0 0 � N Q W >-0 } w Z • CC .W > ce � W J H ❑ ›: °CCc Z N cop < Z I-- a j 0 W H CC LLI Wcc 2 Ur Q 0 < F_- 0 Lu 0 Lu N }' z 0 gZ 0 0 J 0 z CC ce l7 w I- OWENS BEING ONE WAY ALSO HEADING WEST. J 2 LL 2 ca 0 0 1- 0 11) W c0 J LL LL V 0 W 0 a Q^" Dz w 0 ca Ltd CO UJ UJ CC LW LW ❑ W LLJ J 0 -J J z LU CC W cc Li. LL m 3 0 -J 0 cC a w m 0 0 J 0 m 0 0p J i- 0 w CO i CC 0 w w LX 0 Q CO 2 Lei. Ll. U. CC 1-• 0 CC W V NTERSECTIONS CREATING A z W 0 a. Q W LU J 0 W CC W 1C 0 V cc W W z cc W LL LA W 2 H • W 0 LL CC 0C 0 w 0 0 0 2 Q W z J z 0 I-- cc OC 5 0 LLJ CC N m EXPENSES , TRANSPORTATION TIME J FRUSTRATION EXPENSES. FURTHERMORE I 0 OC W Z 0 Z 0 w 0 m J cH 0 m a a W 0 0 0 z m W Z J CO LLJ ca 0 V?. cC W w 0 V w 1 0 u 1) W 0 to w 0 N 0 Cg 0 Q BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND 1- W W J W CO H Z 0 z 0 z 0 u W CC 0 u W cc u- 0 CC W z 9 LL 4�Aro- THANK YOU THAT CAN BE AVOIDED . W LU m cc + 0 � Y cc O z 0 ce Z F= 0 W 0 a W m 0 LIVING ..}J 0 Z m F✓ 0 Z w 0 • Z w 0 ❑ Z LU fX >- C7 z fr w 14.1 O cc 2 Fe- W 0 0 w ❑ Z W 0 LLJ Z j 0 INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON 0 a1- m F^ W a a -c~c N o w w Z LWis C al 5 z � J ❑ cc Zqz cco < Z I— cc • J F_- U LW L. 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O CC 0 W CO 0 THAT CAN BE AVOIDED . vl a LLI W W m CC W./ CO LL g CC O ce Q z z J 5 IS 0 � o k 0 0 a m `Q 1�0 1_ J 0 z 0 co - 0 z W 0 • w 0 z w J CC >- >- Z cc W 1- W cc Ec- 1-� ❑ W ❑ ❑ W 0 z W 0 Q LIJ Cc Z ce W 0 • W J W CC u'f Cc 0 W 1- 0 W Z 0 Z z 0 m W ?C >- Z 1_- w 1-- 0 J W w CC l7 a ec cc w lJ 0 CC L.L. 0 0 tI) Ci) 0 0 1-- w TRIANGULAR RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. a ex 0 seLW LW al 0 1.41 W W ❑ - J 0 - J J Z W 0 W u a U u- LL W m z 3 W J 0 0 cc 0 cc a co W 0 m 0 CO J H 0 m 0 Z cC 0 11.1 CC F- ❑ W J } cc J cn V) E2 W 0 a W Vi 0 1-- G 0 cc Eh - cc !:"L. V W 1- 0 0 V) LL LL C_ CC 0 a 0 0 9 a 0 a 0 W z J z 0 0 cc W z 0 Z 0 W 0 M J LLJ 1- cc a d W 0 O 2 0 cc W J CO LLJ 1-- CO Q V9• w w 0 V LW 0 U w ao W 0 Z W cZ m 0 Z 0 a 0 w cC N 1— u >- cC 1— co J w AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND V) 1-- W J W CO 0 1- m 0 CC O cC La C_ LL cc 0 0 TO BE MORE OF AN ISSUE THAN ALL OF THE PEDESTR THAT CAN BE AVOIDED . cNI W w m z cc 0 ❑ 2 cc LD O z Q O D 1g r z o Q O cc Q Z W 5 a 0 0 0 z w w 0 F- CC o 2 z �t W W Q m D Z 3 cC Z FW., O • u 5 Z cc W 0 • W W CC N'1 CC 3 W O W W J O z ❑ Q w L/) a cC 0 0 co W X w z W J F- cr 0 F- J W W CC 0 w o F_ LL c 2 w Z Q Ln 2 2 w g J CC 0 Z W Q J Z W ❑ LU CC LAJ C7 I a o z 0 Q ce Ln W Z Z g w m Z Z a F- 0 2 2 0 2 v9 0 co ca LJ;1 0 Lid Lu W LW 0 LU W 0 J 0 m J J Z w CC GQ W LL W CO 411 W J O 0 0 cc 0 a ca 0 J 0 ❑ 0 CO J HJ 0 W CO 2 Q W ce 0 Lu ce W z ITSELF SO MUCH ON THESE VERY HEAVILY USED w 2 F- 0 tn • Et Lti cc 0 Y 0 0 0 Q J W CC 0 C a 6 O W 6'L. 6!i ari Lu 0 cc W z 0 Z 0 w �+II 0 m J W Q X 0 G. W Y F- 0 0 2 H z cc W z COLU LLJ CO W 0 w w 0 U w 0 W CO cC W 0 0 z a W Z 0 z in 0 cri cc >- U LL LA" re F- J J w Q� LU m 2 F— W W -J W m 0 - Z m • 0 O cc 0 cc ce LL cc t1.4 Q 4 tie 11.10 4.1 Ll. IL Q cc. ❑ a . E2 W w LL W F- LL 0 z r F- w L!1 to 0 Q LL 0 2 W CO 0 THANK YOU THAT CAN BE AVOIDED . 0 Z 0 m • 0 cn z w O w a z w 0 z w J cc C7 Z cc w tn Ce Z Gc cc W • Z W W CC 0 N :a W W r 0 W O 0 z m 1— cc 0 Lu Z 0 Z F�— LLI J 0 >- Z J W w cC Z 0_ w L/1 z RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. z a 4 0 4 CO U4 0 0 Lid �.d LJi LLJ LW 0 0 0 cc 0 Z cc a W m w J 0 0 w U O m J H W CO 0 0 0 z W w w 0 0 CO W w 2 a LL LJ. 0 ce (9 z cc 0 Lu ce W C/1 J a w cc W O O N LU V) a N W 0 a J J W w J 0 w ce 0 w 1- 0 a W N W Z cc W LL r V W vy CC L1.1 0 0 J LU �L.e �* W W m Q I C7 w ''' czu I-6:c 9 ca: efl:-1 0 a w D 0 ec ce vi 0 +)• 0 U p p_ m ir, u.LL w Q Z Z W W 0 ~ ~ 0 Q 1— O w LL. x g ?C V F. I. a 0 2 o Lij Q W U N z_j,DL'''d Q L~n O 5 Ca U 2 Z i O °c Li Y 4 w LL 0 O H Z cc D Q V) J H Z 1 0 it J Z H i- 0 2 N 0 2 ^ Q ca Lu W AM N 0 W ,.. w z W 0 IL" V! ®.. CIQ O CO D r m AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND r W W J W m 0 — z ❑ m 0 Z 0 r U W cc 0 0 cc F— Lu cc LL cC 0 W Z 9 THAT CAN BE AVOIDED . LLI W m 5 5 0 CC z ce OC 0 • W re CC W W 2 W 0 W d Z Q V3 W V) a 0 0 z m W x W z z H W J cc >- F— >. Lu w W CC w 0 J cc w w >- CC >- >- z J Lu W cc f-" z 0 W cc 1- ce z CC F- RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. CC z WJ W W O ❑ m W 2 U. U. C1C Q rx W W CIC V N Q c/7 W a tn w J w w 0 W CC d w F- 0 U cc W Q W z cc W LL cn 0 cc to z O z 0 tn 0 m H a O cc Cl. a w F- 0 O 1- Z N CC W z IN- W cc 0 z a 0 V~'f J >- N u. LL Cc F— J J ❑ W Q� V ca tn O fon CC LCI 0 vti u'1 2 F- W J W 0 ❑ m • 0 F— z O 0 Cc w ce cc CIC THANK YOU THAT CAN BE AVOIDED . m cc 5 Z cc 0 • W W ce 0 Q W W O } W 0 W INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON a 1— z cc Q Q cc UJ VI CC w n Z w CC X O m . 1- u.. IJ— Z ❑ >: CC Z thLu } O d m d Z 1- CC a G• � I_ Lip. W W 2 CC Q a < = cn Z 1_- O COI utiCC • LJ Z O 0 = W Q Z W M Q CC W RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. 0 u 4 114 CO 1 0 LW 1- LW 0 ❑ W W -J 0 - J Zit z W CC 0 2 LJ_ W m Z LoI W 0 Cc 0 } w w 0 z 0 m u. LL. 0 V cc Z 0 cc u 0 aL Li w a 0 J W J ❑ 0 m W 0 NTERSECTIONS CREATING A ITSELF SO MUCH ON THESE VERY HEAVILY USED L/} Q W 0 a J w W J 0 W 0 W 1C— C 0 U w N W Z cc w w N W 0 W 0 L/] a LL 1-- 0 0 0 z 9 0 z 0 W } z 0 0 cc w Z 0 z 0 w 0 m J w x cc a a W 0 0 2 ❑ w J m m 0 v,. H W w 0 U F•,6 0 LII LL, 0 c w 0 J 0 ❑ w Z cc 0 z a 0 w cc F. L LL cc J J cr) W m AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND N W V1 W CC CO La LT- ❑ o Z d m � ▪ d Z 0 0 cC 0 cc W CC cc O CC THANK YOU. THAT CAN BE AVOIDED . c • }0 Z 0 m 1-- 0 w 0 w a • W 0 Z J >— C cc ❑ m uJ 0 dC ❑ w V1 w a z Z ot Q CI I- z a I- in cc cc P- 0 x s L.L. O Z L1J us w m _it. CC ~ w w z a a LU - J W W cc (' J a; O 0 ▪ 0 0 UJ • } 1— J Q oc C Z l7 w J CC Z w J OC } 0 WJ cc LV cc W cc 1- RAMSEY WEST OF OWENS 0 0 t71Q LAJ L1,1 La„ C LW Usi w Z 0 0} M pC J O a � z Z ce a 0 N W m • ❑ cc 0 w u > a171 0 Li. LL m re 0 Y Z u W 0 m m J 0 -' a 3 ~ /1 0 UJ m O 0J 0 cc 0 } J w W 0 ❑ m a cc 1-- U Ll. LL 0 OLIVE EASTBOUND. NTERSECTIONS CREATING A ITSELF SO MUCH ON THESE VERY HEAVILY USED u) Fe- w 0 a J w V) ui J 0 cc 0 1- 0 cc W Z cc w w CV W 0 w 0 N LL LL CC 1- CC 0 uJ 0 Q 0 0 W w J Z 0 0 cc w z O Z 0 W 0 M 0 cc Q d w 0 0 cc W Z J CO w: 0 w w 0 V Lub J 0 co Lid C7 w 0 2 a 1- W Z 0 (71 a 0 cFi'f J GC V L LL. cc 1— J J w N 5 m ❑ 0 W 0 0 0 .J 0 0 cc UJ LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT THAT CAN BE AVOIDED . W b0 z J INC ›- CC 0 W m w 0 O co Y = uF' 50 ce N 0 z z o o > • Q a vi Z z w a 0 o z • H • cC O } 0 Q a >- W CO J 0 z 0 CC H LLJ H CC w 5 Fe- z 1-� 1- 5 0 W 0 Q W 0 kuj iec 0 z re W • w W CC CC W W 0 } W J 0 INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON z a w Le) Q CC 0 z 0 CO W z 1- w J 1-� cC 0 >- Lu W CC l7 OC a LIJ cc W OZ t LJ Q L3: CC La. 0 co (I) LW 0 w 0 z W N W gLA5 Co w z a 2 W g J cc } 0 z Wd a w W Q CC C7 I a o z o a t/1 W CC cc z g CO z z a 1- 0 J z W 0 a w J 0 1-- 0 V1 z W 0 W LL LL W CO CO Q 0 "c 0 u 0 CO LLB CA a LW IJ„i LLJ CC 0 LW LW 0 W LLJ 0 J 0 m J J z CC a rz u. m 0 0 0 E 0 w CO 0 J W J 0 m W V O CO J 1-- 0 w CO 0 0 0 ›- 0 0 0 CO W W u. u. 0 W cc z a W CC 0 LLI W H Z ITSELF SO MUCH ON THESE VERY HEAVILY USED a ire W 0 a {/1 J u cc 0 Fc- G 0 CC ct Q'1 CV AT SOME Of THE LL LL ce cc 0 0 z 2 0 9 0 z 0 W z J z 0 H ce 1- ID w w z 2 cC W 5 0 cc Cli m W CC 0 a. 0 Er 0 cc 0 a. EJ'f W w 0 CC W z 0 0 W 1) O m 1C' 0 cC G. a 0 0 H 1- z DC W J CO H Co 4 1- W w 0 U LLi 0 u LLJ 0 w 0 0 ca 0 La w z e- I CC 0 z cD u) a 0 w J cC } U_ L_ LL cC H .}J J D W V m AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND v) 1- W W J W CO 0 m z 0 z 0 u W OC 0 U cC 1- LU CC LL 0 cc W z 9 THANK YOU THAT CAN BE AVOIDED . W w m 0 F-- 5 Z cc 0 W 0 tZ to= LL 0 co he L.)F- 50 cc Z z 0 = W 0> a Q z z W a 0 0UJ _. C7 J O >- 0 2 0 Q Q � Wm 6- J 0 Z 0 W = 1- 0 .‘, Z V~9 W V) a 0 Z z W w H w J 1- cc >- H W J w W cc w fi cc w � UJ a 0 OZ W LR. LU n s 0 5 W 0 cc o 5 0 z a Wcc f- RAMSEY WEST OF OWENS BEING ONE WAY ALSO HEADING WEST. OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY CE CREAM STORE. NOT ALL 3 WOULD NEED N TRAFFIC AT 0 cc 0 cc a. m 0 m Ci w _ V W 0 o Q F- o LLJ LU > m 0 0 cC >- 0 w w 0 0 0 Li) W U. F- U CC LL aJ+ w W CL OLIVE EASTBOUND. W s 1.44 0 0 LPI a LL W CC 1- CC 0 0 0 zc 0 0 0 w w Z J Z 0 H V CL w 0 w w H 0 M CC LU Z 0 W CC 1- W co TION EXPENSES. FURTHERMORE I cc W z 2 0 w 0 M J a W 0 0 s 0 z H cc W z W J d] cc 0 cC w w 0 0 0 0 V} LU 0 co W 0 C4 z 1- W W -J LU CO Z 0 co 0 O cc 0 cc LL cc CC W 0 0 0 Q V 1- w > W w CO TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY • fon OLIVE ONE WAY TO THE EAST TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON Z ❑ Z >- w v} Q cC 0 0 can W H X w Z 1- W J 1- 0 1- } Lu —J W W CC CC h- �C w 0 W W • cc 0 cc u_ 0 ❑ co 0 of w O Q LJJ TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS BEING ONE WAY ALSO HEADING WEST. vs W 0 COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY OLIVE EAST OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME OF THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT W cc 0 OC LLJ 2 cc vi w w a. X W z 0 0 a cc cc F- UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING 1 KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS AFFIC RISKS THANK YOU. THAT CAN BE AVOIDED . IT WOULD BE A GOOD IDEA TO PUT IN A % ROUND FOR LACK OF BETTER TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY w Ct Et" r 0 ❑ w ❑ ❑ z z w 0 a w z 0 8 0 ot .1 OLIVE ONE WAY TO THE EAST TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. OLIVE EAST OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME OF THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT w cc 0 cc LL w NI z W uj z 0 1- cc 4n cc L w 2 R. O Q o~c a z w UJ X UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS TO BE MORE OF AN ISSUE THAN ALL OF THE PED THANK YOU THAT CAN BE AVOIDED . uw 1- z IT WOULD BE A GOOD IDEA TO PUT IN A % ROUND FOR LACK OF BETTER TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY w 0 2 67C r 1- w 0 W J 0 0 z z 0 5-2 LJJ 0 CJJ CC z 0 Q O W J w w CC Ln CC W LU LJJ H 0 J INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON z 0 z w 0 z a 0 L~lf w x z 1- w J 0 1- w J W w CC TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. OLIVE EAST OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO w z J) 0 cc 0 W L LL Q 0 W 0 ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME OF THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS THANK YOU. THAT CAN BE AVOIDED . W w J W 0 IT WOULD BE A GOOD IDEA TO PUT IN A A ROUND FOR LACK OF BETTER TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON Q a Q W >- 0 w V! Lucc Q O SC La` 0 � z u"1 O dic cr▪ a wt. W � 0 J/1 c OC W • 0 J W t IJJ TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY D OFF SO CUSTOMERS STANDING -IN OLIVE EAST OF GREELEY COULD BE BLO OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS AT SOME Of THE LL ce re LIJ 0 0 z 0 J 0 z Q J Z 0 BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT EXPENSES , TRANSPORTATION TIME / FRUSTRATION EXPENSES. 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AS WELL AS OWENS SOUTH OF OLIVE AND FINALY OLIVE EAST OF GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME Of, THE BUSIEST INTERSECTION 1N STILWATER . WITHOUT NEEDING TRAFFIC LIGHT w OC 0 cc w w N Z w O cc u- w Z 0 cc a V'1 UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO GE SCHOOL ETC HOWEVER THAT'S DEBATEABLE HEAD NORTH TO STON EBRI BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS THAT CAN BE AVOIDED . w CO IT WOULD BE A GOOD IDEA TO PUT IN A % ROUND FOR LACK OF BETTER TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY uJ TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY ED OFF SO CUSTOMERS STANDING IN OLIVE EAST OF GREELEY COULD BE BL OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS w H 0 w 0 LL LL oe O 5a w Z 0 2 0 O z w w z z 0 BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT EXPENSES, TRANSPORTATION TIME / FRUSTRATION EXPENSES. FURTHERMORE 1 UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS TRAFFIC RISKS TO BE MORE OF AN ISSUE THAN ALL OF THE THAT CAN BE AVOIDED . > W J W ec w IT WOULD BE A GOOD IDEA TO PUT IN A % ROUND FOR LACK OF 6 u cc 0 z W Z 0 a z i- Cc W CC LLJ = 0 Z -J W W cc 0 w W I-- W INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON GREELEY TO MYRTLE , WITH AN EXIT WESTBOUND INTO RAMSEY ST, AND AN RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY ED OFF SO CUSTOMERS STANDING IN OLIVE EAST Of GREELEY COULD BE BL OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING in Lcn 2< 2= w O > > } M N 0 - IJ Q § S a uJ } H I 1- W > W J W m 0 C3 1- m • 0 z 0 U w m 0 V CC W OC LJ cc 0 cc W Z O THANK YOU THAT CAN BE AVOIDED . IT WOULD BE A GOOD IDEA TO PUT IN A 3 ROUND FOR LACK OF BETTER TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY UJ ❑ Z c1C ❑ Z o0(.7 < o - w __ 0 m car) cz J a TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. ED OFF SO CUSTOMERS STA-NDING-IN OLIVE EAST OF GREELEY COULD BE BL OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD HELP STOP TRAFFIC FROM CROSSING ITSELF 50 MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS w 0 w 0 u L h- cC 0 a w 2 0 z 0 0 z 0 w z J z O BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT W 0 CC cc W cc u_ vi w u') z w a W z cc R. O ec a vi W W w UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS Y v1 CC u cc 0 z THANK YOU. THAT CAN BE AVOIDED . DEA TO PUT IN A % ROUND FOR LACK OF BETTER IT WOULD BE A GOOD TERMINOLIGY AT MYRTLE AND OWENS . 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NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD- HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME Of. THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC LIGHT W 0 cc W cc LL V7 W V1 Z W a X W O N OC W O O cc Vl X W UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND TO BE MORE OF AN ISSUE THAN ALL OF THE PEDESTRIAN AND TRAFFIC. RISKS THANK YOU THAT CAN BE AVOIDED . 0 TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY w ce w w 23 1.1 0 Z Z w 0 a Z 0 cc 2 0 a z CTION AS-SH OLIVE ONE WAY TO THE EAST TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON Z p a = Z ~ a a w w (!} LJCC re oce Z LL >- Z m 6e u. X a m H I 6- - J H Z > O 0 0 } Z CDJ w F- �7 w TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. OLIVE EAST OF GREELEY COULD BE BLOCKED OFF 50 CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD. HELP STOP TRAFFIC FROM CROSSING ITSELF 50 MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS ONLY NEEDING TO LOOK MAINLY ONE WAY FOR TRAFFIC . AT SOME OF THE BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC EIGHT w Ce0 w s cc LL N w N W W Z O u_ w Z cc a cc N w w O. w UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS THANK YOU THAT CAN BE AVOIDED . tq/4,1E, TERMINOLIGY AT MYRTLE AND OWENS . HAVE OWENS SOUTH BOUND ONLY W CC W (J Q • Z 2 uo cg LU 0 CD W J 0 Z a v v) 7 a O z Q Q z 2 OLIVE ONE WAY TO THE EAST TOWARDS GREELEY . ANOTHER TRIANGULAR INTERSECTION AT GREELEY AND OLIVE. THEN , ONE WAY NORTHBOUND ON zc Q 0 Z � COI a a .0 w u) ,W CC I - CC n LL Z Z CG Q 1— de 3 Q LL W z m W J (/i GC LU c� C c) Q O - 1 o W H' Ur w TRIANGULAR INTERSECTION AT GREELEY AND MYRTLE . HAVING MYRTLE ST. TO RAMSEY WEST OF OWENS OWENS BEING ONE WAY ALSO HEADING WEST. COULD BE BLOCKED OFF . AS WELL AS OWENS SOUTH OF OLIVE AND FINALY OLIVE EAST Of GREELEY COULD BE BLOCKED OFF SO CUSTOMERS STANDING IN OLIVE ST WONT BE IN TRAFFIC AT ICE CREAM STORE. NOT ALL 3 WOULD NEED TO BE TOTALLY BLOCKED BUT OLIVE WOULD BE IMPORTANT OR IT WOULD CREATE A CROSS TRAFFIC CUT FROM OLIVE EASTBOUND TO GREELEY NORTH TO OLIVE EASTBOUND. I THINK THIS WOULD. HELP STOP TRAFFIC FROM CROSSING ITSELF SO MUCH ON THESE VERY HEAVILY USED INTERSECTIONS CREATING A MUCH SAFER AND EASIER COMMUTE FOR VEHICLES. AS WELL AS PEDESTRIANS W H LL 0 LU 0 Er. LL LIJ Z 0 J 0 O 0 Z 0 W z z 0 BUSIEST INTERSECTION IN STILWATER . WITHOUT NEEDING TRAFFIC UGf1T EXPENSES, TRANSPORTATION TIME / FRUSTRATION EXPENSES. FURTHERMORE I UNDERSTAND THAT IT WOULD TAKE APPROXIMATELY 30 SECOND LONGER TO HEAD NORTH TO STONEBRIDGE SCHOOL ETC HOWEVER THAT'S DEBATEABLE BECAUSE USUALLY TRAFFIC WAITS AT MYRTLE ST STOP SIGN FOR 1-3 MINUETS AT TIMES. ONE OTHER THING I KNOW IS IT WOULD ALSO TAKE 30 SECOND LONGER FOR A FIRE TRUCK TO REACH DOWN TOWN . BUT DON'T BELIEVE THIS V1: v7 cc THANK YOU THAT CAN BE AVOIDED . ILO) Jar]JJ=VF 1 J\JIN(: AT 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 OCTOBER 18, 2022 REGULAR MEETING 7:00 P.M. I.CALL TO ORDER II.ROLL CALL III. PLEDGE OF ALLEGIANCE IV.RECOGNITIONS OR PRESENTATIONS 1.Certificate of Appreciation for Friends of Lily Lake 2. Certificate of Appreciation for Stillwater Lions Club 3. Council Service Award for Commissioner Tom Weidner (Parks and Recreation Commission) 4. Stillwater’s 179 th Birthday, Heritage Preservation Commission Annual Report and Awards V.OPEN FORUM – open forum allows the public to address Council on subjects which are not 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 VII.CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13.October 4, 2022 Regular and Recessed Meeting Minutes 14.Payment of Bills 15.Central Commons Development Project Agreements – Resolution 16. Credit/Purchasing Card Policy & Procedures 17. Cybersecurity Contract 18.Gambling Premise Permit for Stillwater Area Hockey Association at River Siren Brewing Company –Resolution 19.Main Street Stairs Sanitary Sewer Lining Project Agreement 20.Parks and Recreation Commission Appointment 21.Rutherford Lift Station Pump Purchase 22.St. Croix Boat & Packet Railroad Lease Renewal – Resolution 23. Survey Agreement for the 2023 Street Improvement Project 24. U.S. Bench Corporation Bench License VIII. PUBLIC HEARINGS 25.To consider street and utility improvements on CSAH 5 (Owens St) from Olive to Sycamore – Resolution Page 2 of 2 City Council Meeting Agenda October 18, 2022July 26, 2022 IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. City Wide Space Needs Study Contract 27. Terra Springs Trail and Access Agreements XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 136.75 4Imprint Fire education materials 504.75 A&K Construction Replace concrete 3,860.00 Ace Hardware Supplies 1,091.06 Action Rental Inc. Concrete and mixing trailer 317.00 Adam's Pest Control Pest Control 170.00 Advance Auto Parts Supplies 521.40 Aspen Mills Uniform supplies 112.35 AT&T Mobility 6813 FirstNet Locater 38.23 AutoNation Tire sensors 202.36 Axon Enterprises Magnet mount 93.90 Baker Tilly Municipal Advisors Professional services Capital Outlay Bonds 2022A 21,705.00 BCA Training Training 200.00 BDI Gopher Bearing Equipment repair supplies 762.06 BHE Community Solar Solar Energy 6,527.76 BlueCross BlueShield Group Medicare Retiree Health Insurance 13,576.00 BlueCross BlueShield of MN Inc. Retiree Health Insurance 18,561.34 Brueghel Judith Reimburse for tablecloths 16.11 Bryan Rock Products Inc. Materials 474.59 Buberl Black Dirt Inc. Black dirt 104.00 Bureau of Crim. Apprehension Terminal access charge 1,080.00 CDI LaserFiche 15,583.00 Century Power Equipment Carbide chain loop 368.54 Cintas Corp - Medical First Aid Supplies 241.52 Cintas Corporation Uniforms & towels 174.13 CMC Rescue Inc. Training workshop Aug 28 2023 899.00 Coca-Cola Distribution Beverages for concessions 344.50 Cole Papers Janitorial supplies 276.98 Community Thread Contribution 5,250.00 Corval Constructors Equipment repair supplies 3,479.01 Cox Bethany Technology Reimbursement 419.98 Curran Benjamin & Erin UB Refund 927.35 Data Practices Office Law Enforcement Data Workshop 250.00 Dell Marketing L.P. Computer equipment 1,433.87 ECM Publishers Publications 108.40 ECSI System Integrators Install cellular fire alarm communicator 1,448.00 Eder-Zdechlik Trevor J Reimburse for work boots 200.00 Emergency Medical Products Air way kits 49.20 Enterprise FM Trust Lease vehicles 10,309.03 Ferguson Waterworks #2518 Water meter connections 205.83 Force America 5mb Flat Data Plan 220.00 Fury Motors Battery 140.99 Goodyear Commercial Tire Tires 674.60 Gopher State One Call Inc. Locates 410.40 Grainger Cordless impact wrench 357.72 Guardian Supply Uniform supplies - Belisle 139.99 Haussner Plumbing LLC Lily Lake bathroom building irrigation repair 345.00 Hawkins Inc Chemicals 2,986.91 Page 2 Helkes Tree Service Tree removal 1,500.00 Holiday Stationstores Circle K Fuel 60.16 Huebsch Service Mat cleaning service 414.67 Instrumental Research Water Testing 250.88 Jefferson Fire and Safety Inc. Turn out gear 5,456.05 Junker Brad Reimburse for mileage to conference 205.63 Kath Companies Diesel Exhaust Fluid 850.32 Kelly & Lemmons PA Prosecution 8,416.67 Kodiak Power Systems Aiple lift station 995.00 Lano Equipment Equipment repair supplies 716.50 League of MN Cities Training 80.00 LegalShield Data Breach Recovery 77.70 LeVander Gillen Miller PA Professional Services 12,136.75 Lincoln National Life Insurance Co COBRA Life Insurance 14.40 Lockridge Grindal Nauen PLLP Labor Relations 3,333.33 Loffler Companies Misc services and software 16,781.77 Madden Galanter Hansen LLP Labor Relations Services 384.81 Mansfield Oil Company Fuel 8,251.41 Marshall Electric Company Electrician service 4,018.00 Menards Supplies & equipment 1,316.19 Metropolitan Council Monthly SAC 4,920.30 Metropolitan Council Environmental Wastewater Charge 171,634.30 Midwest Machinery Co Axle kit 287.98 MK Mechanical Inc Preventive Maint 5,102.50 MN Dept of Labor & Industry Quarterly Surcharge 8,464.79 MN Dept of Labor and Industry License renewal 130.00 MP Nexlevel LLC Locating 720.70 Municipal Emergency Services Break away vests 758.23 Municipal Pipe Services Valve insertion 8,300.00 Pepsi Beverages Company Beverages for concessions 456.05 Per Mar Security Services Quarterly Monitoring Service 327.00 Quill Corporation Supplies 219.16 Radke Daniel Reimburse for Work Boots 200.00 Riedell Shoes Inc. Skates 1,178.26 Schifsky Companies Excavation and retaining walls 9,670.00 SEH Inc Downtown lighting 7,980.36 Springbrook Software Monthly UB web payments 176.00 St. Croix Boat and Packet Co. Dock Space Lease 2,666.67 St. Croix Recreation Fun Playgrounds Benches 9,961.15 Stillwater Motor Company Equipment repair supplies 119.00 Streichers Ammo 155.73 T.A. Schifsky and Sons Aggregate 3,382.50 Templin Robert Reimburse for fuel 15.00 Thomson Reuters Information Charges 162.86 TKDA Chestnut St Civic Plaza 37,526.21 Toll Gas and Welding Supply Cylinders 46.56 Uline Inc Park supplies 1,189.00 US Bank Paying agent fees 550.00 Veterans Memorial Super Valu Parking 4,347.00 Vierling Thomas UB Refund 546.72 Page 3 Voyant Communications Phone 540.16 Washington Cty Historical Society Contribution 1,250.00 Water Works Irrigation LLC Irrigation work 1,175.00 Wolf Marine Inc. 2022 Summer Lease 1st half 800.00 Wruck Sewer & Portable Rental Portable Restroom 3,920.38 WSB & Associates Inc. Strategic Planning Services 2,375.00 Xcel Energy Energy 24,993.92 York International Corp Equipment 380.00 Youth Service Bureau Contribution 2,750.00 LIBRARY 16 Wins Website Maintenance 380.00 Ace Hardware Janitorial Supplies 63.94 Amazon Business Supplies 263.62 Backgroundchecks.com Background Check 36.15 Bloomquist Catherine Programs 55.80 Chan Karen Programs 350.00 Comcast Internet 188.10 Culligan of Stillwater Water 55.00 Faurot Kimberly Programs 221.26 Global Industrial Column Protectors 913.43 Graci Leadership Solutions LLC Staff Training 1,000.00 Huebsch Service Towels and Rugs 223.17 Lewis Chad Programs 350.00 Menards Janitorial Supplies 68.39 Palen Kimball LLC Roof Upgrade 8,700.00 The Works Museum Programs 350.00 White Bear Center for the Arts Programs 325.00 SEPTEMBER MANUALS BlueCross BlueShield of MN Retiree insurance 190.56 Lone Oak Companies Inc Utility Billing Postage 3,458.98 Rauchnot Joetta M Return of found property 103.96 SEPTEMBER CREDIT CARDS All Traffic Solutions Signs & lighting 500.00 Amazon.com Weather station 1,248.07 Automatic Fire Alarm Assoc Membership 175.00 Best Buy Business Advantage TVs 214.73 Cragun's Lodge and Conf Center Lodging for conference 138.51 Delta Air Airline tickets for training Dowling 1,331.58 Dream Host Website Hosting 21.45 Ebay Supplies 218.67 Etsy 150th Items 340.65 Facebook.com SPD Social media fees 25.92 Global Leadership Network Global Leadership Summit 139.00 GoDaddy.com Domain name renewal for rec center - 2 yrs 40.34 Page 4 Grand Pizza & Catering Food for Boards & Commission Picnic 1,592.93 Greater Stillwater Chamber of Commerce Wash Cty Chamber Coalition Mixer 40.00 Jimmy Johns Night to unite dinner 58.22 Jiu Jitsu Five-O Training 598.00 Just Candy 150th Items 590.00 MN Crime Prevention Assn MNCPA Conference 250.00 MN Fire Srv. Cert. Board Recertification 325.00 MN State Fire Chiefs Assn Conference registration 600.00 NetDiligence Breach Planning Software 900.00 Office Max Chair 697.93 Slack Ref Team Technology 303.48 Stillwater Post Office Stamps 122.10 Stillwater Turf & Power LLC Rescue tool 155.15 Tennis Roll Off LLC Roll off dumpster 861.85 Wells Fargo Bank MN NA Over limit fee 39.00 ADDENDUM Advance Auto Parts Supplies 61.50 Advance Sportswear Uniforms 195.99 At&t Mobility Cell Phone 204.75 Backgroundchecks.com Background Checks 43.65 Comcast Internet, TV & Voice 1,423.97 Core & Main Gate repair 5,064.26 Fury Motors Vehicle service & repair 5,156.84 Gertens Whole Sale Trees 570.00 Group MedicareBlue Rx Retiree Insurance 9,646.00 Huebsch Service Mats 294.14 Pember Companies Chestnut Street Plaza 346,440.29 Robole Donna Reimburse for supplies and webinar 205.18 Schifsky Companies Grading 9,550.00 Simplifile Filing fee 100.50 Total Parking Solutions Cale card reader 330.00 Washington County Dept of Public Health Food & Beverage License 682.00 TOTAL 910,731.35 Adopted by the Stillwater City Council this 18th day of October, 2022 Mayor Ted Kozlowski BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Wayne A. Johnson, Chair, District 4 Lisa Weik, District 5 October 18, 2022 - 9:00 AM 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 1.9:00 Roll Call Pledge of Allegiance 2.9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 3.9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A.Approval of the September 27, 2022, and October 4, 2022, County Board meeting minutes. B.Approval to appoint Jaime MK Staska to a partial term as a Workforce Representative on the Workforce Development Board, with the term expiring June 30, 2025. C.Approval of CivicPlus contract for web hosting services. D.Adopt a resolution appointing Property Records and Taxpayer Services Director, Amy Stenftenagel, as County Recorder. E.Approval of a 1.0 Full-Time Equivalent (FTE) Social Worker I/II to provide housing case management services in Community Services. F.Approval to amend the Lower St. Croix Comprehensive Watershed Management Plan to add Valley Creek and Kelle’s Creek as priority water bodies. G.Approval of the amended Lower St. Croix One Watershed One Plan Fiscal Year 2023 Watershed Based Implementation Funding Grant Work Plan. H.Adopt a resolution to acquire right-of-way, permanent roadway easements, drainage and utility easements, and temporary easements as a part of the proposed improvements on County Highway 28 at the State Highway 95 intersection in Denmark Township, Washington County, Minnesota. I.Approval of Conservation Practice Assistance Contract No. 15022 with Washington Conservation District (WCD) for Fiscal Year 2022 Board of Water and Soil Resources (BWSR) Habitat Enhancement Landscape Pilot. 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 J.Adopt a resolution and approve Amendment No. 1 to Agreement No. 1998 between Washington County and Sprint Spectrum Realty Company, LLC. K.Authorization to transfer ownership of Washington County Sheriff's Office K9 Kirk to his handler, Sergeant Paul Stenglein. L.Approve Grant Agreement No. 15153 between the Minnesota Department of Public Safety and the Washington County Sheriff's Office for the 2023 Enforcement Grant in the amount of $203,425. Consent Calendar continued 4. 9:10 Public Health and Environment - Jeff Travis, Senior Community Health Program Manager (item A) - Dave Brummel, Director (item B) A. Adopt a resolution to approve revisions to Washington County Food Code Ordinance #145. B.Approve Mutual Aid Agreement No. 15158 of the Twin Cities Public Health and Environmental Health Entities in Minnesota. 5.9:35 Public Works - Mandy Leonard, Senior Building Services Project Manager A.Approval of Contract No. 15156 with Kraus-Anderson Construction in the amount of $884,740 for Construction Management Agent Services for the West Central Service Center. 6.9:50 Sheriff's Office - Sheriff Dan Starry A. To recognize Sergeant David Stumpner for being awarded the 2022 Minnesota's Sheriff's Association Correctional Supervisor of the Year. 7.10:05 General Administration - Kevin Corbid, County Administrator A.Approve Amendment No. 2 to Contract No. 12162 with Larkin Hoffman, LLC for state legislative representation. 8.10:25 Commissioner Reports - Comments - Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. 10. 10:40 Board Correspondence Adjourn SHjIwa ter The Sir Ihplace 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 July 26, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. Certificate of Appreciation for Friends of Lily Lake 2. Certificate of Appreciation for Stillwater Lions Club 3. Council Service Award for Commissioner Tom Weidner (Parks and Recreation Commission) 4. Stillwater's 179th Birthday, Heritage Preservation Commission Annual Report and Awards V. OPEN FORUM — open forum allows the public to address Council on subjects which are not 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 VII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 13. October 4, 2022 Regular and Recessed Meeting Minutes 14. Payment of Bills 15. Central Commons Development Project Agreements — Resolution 16. Credit/Purchasing Card Policy & Procedures 17. Cybersecurity Contract 18. Gambling Premise Permit for Stillwater Area Hockey Association at River Siren Brewing Company — Resolution 19. Main Street Stairs Sanitary Sewer Lining Project Agreement 20. Parks and Recreation Commission Appointment 21. Rutherford Lift Station Pump Purchase 22. St. Croix Boat & Packet Railroad Lease Renewal — Resolution 23. Survey Agreement for the 2023 Street Improvement Project 24. U.S. Bench Corporation Bench License VIII. PUBLIC HEARINGS 25. To consider street and utility improvements on CSAH 5 (Owens St) from Olive to Sycamore — Resolution IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. City Wide Space Needs Study Contract 27. Terra Springs Trail and Access Agreements XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda October 18, 2022 SilUwater HE BIRTHPLACE OF MINNESOEA 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 and appreciation to She riviettcb fit* £a&e For working to advocate and improve the water quality of Lily Lake. They have partnered with the Middle St. Croix Watershed Management Organization, Washington Conservation District, Minnesota Board of Water and Soil Resources, and the City of Stillwater, to help successfully remove Lily Lake from the Minnesota impaired waters list, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: October 18, 2022 STILLWATER CITY COUNCIL CERTIFICATE OF APPRECIATION The Birthplace of Minnesota On behalf of a grateful city and upon the recommendation of leading citizens, the City of Stillwater hereby extends recognition and appreciation to Stil',&uateit .L"wn'o C&d For their Donation to Refurbish the yCag PoCe in LoweCCPark, The flagPoCe was originaCCy installed in 1g40 by the StiCCwater Lions in recognition of Elmore Lowell; and again in 2004. We appreciate the Club's commitment in maintaining a significant focaCyoint of the community, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: October 18, 2022 HE BIRTHPLACE OF MINNESOEA 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 and appreciation to 501n Weithwt fiat 1 %2 gecvti of 6 etufice ass a atenteteit of the J cvdm cC J 4 ion, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: October 18, 2022 I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Tim Gladhill, Community Development Director SUBJECT: Heritage Preservation Commission Annual Report and Awards Presentation BACKGROUND As a Certified Local Government (CLG) by the National Parks Service, the City of Stillwater has appointed its Heritage Preservation Commission to conduct preservation activities within the community. The City is required to submit an annual report to the State Historic Preservation Office every October. A copy of that report is enclosed for Council review. Please note, the HPC Member list attachments are not included in the Council's packet. Annually the HPC conducts a brief awards presentation to honor Stillwater's 179th "birthday" (October 26th). HPC Chair Matt Thueson and Vice -Chair Fitzie Heimdahl will give a brief update of 2021-2022 preservation activities as well as present annual awards. lamer. THE BIRTHPLACE OF MINNESOTA City of Stillwater Heritage Preservation Commission Annual Report October 1, 2021- September 30, 2022 Heritage Preservation Commission Members Member Appointed Renewal Expiration Shaun Finwall 5/1/2019 2022 2025 Fitzie Heimdahl, Vice Chair 5/1/2020 2023 Paul Holmes 5/1/2021 2024 David Junker, Stillwater City Council (Ex-officio) Jonathon Summers 5/1/2022 2025 Brian Larson 5/15/2012 2021 2024 Amy Mino, Chair 12/3/2013 2020 2023 Matt Thueson, WCHS Representative, Chair 5/1/2019 2020 2023 Tim Gladhill, Community Development Director (Ex- officio) Yasmine Robinson, Planning Manager (Ex-Officio) Preferred contact information and new member applications are attached. 2022 Focus Areas In 2022, the City of Stillwater experienced multiple Staff Changes, including the primary staff liaison to the Heritage Preservation. In 2020 and 2021, despite the impacts of the global pandemic, the Heritage Preservation Commission was able to achieve a number of proactive policy and project initiatives. In 2022, due to the number of official applications, the focus of the Heritage Preservation has been on Design Review and Process Improvement Initiatives. Training Opportunities Commissioners Mino and Thueson registered for the PreserveMN virtual conference held by the State Historic Preservation Office. Local Designations The Stillwater HPC made no local designations during the reporting period. A primary reason for this is the City's 2040 Comprehensive Plan determined modification to the City's HPC enabling ordinance and updated to its design guidelines were vital prior to the HPC City of Stillwater Heritage Preservation Commission 2021 - 2022 Annual Report Page, 1 of 4 considering future designations. Additionally, the Stillwater HPC experienced a number of staffing changes, with a new focus on process improvements during the reporting period. National Register Nominations and Designations The Stillwater HPC did not make comments on any National Register nominations nor were there any submitted during this time. Alterations Reviewed The Stillwater HPC reviewed 33 applications plus numerous pre -application concept plans during the time period. Of the total applications received, the HPC denied (or recommended denial) of five applications that did not conform to the City's adopted standards and guidelines. A summary of the cases and the HPC actions is attached. Stillwater Commercial Historic District (SCHD) Of the total number of applications reviewed during the reporting period: • 15 applications were for alterations proposed to Contributing buildings in the National Register -listed SCHD • One application was for alterations proposed to Non -Contributing buildings in the National Register -listed SCHD Downtown Design Review District This district is a zoning overlay district that encompasses the Stillwater Commercial Historic District plus the remaining area of the City's Downtown District. The purpose of this district is to help protect the historic core of the community. The district contains both residential and commercial structures as well as historically -industrial structures converted for both residential and commercial uses. Of the total HPC applications reviewed during the reporting period: • A total of 8 applications were for alterations to structures in this district but located outside of the SCHD Neighborhood Conservation District This district is a zoning overlay district intended to preserve the historic residential neighborhoods that were constructed prior to WWII. The district represents approximately 1/3 of the land area within Stillwater and overlaps with the Downtown Design Review District. The HPC reviews requests for new construction and partial demolition of structures built prior to 1946. The HPC does not review commercial construction or alterations to historically - commercial properties within this district. Of the total HPC applications reviewed during the reporting period: • Four (4) applications were for new, infill construction • Three (3) applications were for the partial demolition of structures constructed prior to 1946. The City did experience a higher -than -norm number of inquiries regarding demolitions and infills within the Neighborhood Conservation District. The Stillwater Design Guidelines, Demolition Permit and Design Permits worked in harmony to preserve a number of structures City of Stillwater Heritage Preservation Commission 2021 - 2022 Annual Report Page, 2 of 4 of historic significance from demolition. The City estimates approximately 4-5 additional, in depth inquiries into demolition above the formal applications cited above were reviewed by City Staff. Misc. Review • With the 2020 adoption of a new enabling ordinance and other City Code amendments, the HPC is now charged with the review of proposed demolitions of structures constructed prior to 1946. During the reporting period, the HPC reviewed the demolition (and proposed reconstruction) of a small, one -level dwelling. Research of the site determined: o This property, while constructed prior to 1946, is a more modest design, one -level structure; and o The Heritage Preservation Commission had originally approved only a partial demolition of a later addition to the home; and o Upon commencement of the project, it was determined that the foundation of the structure was in too poor of condition to reasonable salvage the original portion of the structure. • A number of times through the reporting period, the HPC was consulted on the future design of the Chestnut Street plaza. This plaza, to be created on the Chestnut Street East right-of-way that extends from Main Street to the NRHP listed Liftbridge in the Stillwater Commercial District, will be created in an area closed to vehicular traffic. Tying Main Street to the St. Croix River, this plaza serves as an intersecting point for two state trails and connection to the County trail system. This project is now under construction. Annual Awards In an effort to honor Stillwater's "birthday", Chair Thueson and Vice -Chair Heimdahl will conduct its annual presentation at the City Council's October 18, 2022 meeting. In addition to reporting on work conducted and highlighting accomplishments during this time period, the HPC will honor the following award recipients: Property Owner Address Award Type River Siren Brewing 225 Main St N Facade Improvement Isaac Staples Mill 401 Main St N Master Sign Plan Brick + Linen 114 Main St N Business Sign Re/Max Professionals 626 4th St N Adaptive Reuse Tiffany & Bradley Vick 516 2nd St N Residential Restoration Ryan & Mary Collier 107 Laurel St E Residential Restoration Washington County Historical Society 1862 Greeley St S Special Recognition for Washington County Heritage Center Ron Brenner Architects Individual Contributions Other Accomplishments, Activities and Outreach City of Stillwater Heritage Preservation Commission 2021 - 2022 Annual Report Page, 3 of 4 Heirloom Homes and Landmark Sites Program In early 2020, the City initiated and paid for the redevelopment of the HPC's Heirloom Homes and Landmark Sites (HHLS) website. Heirloom Homes are a cross-section of homes representative of nineteenth-century Stillwater containing a fair amount of their original design elements. These homes are generally not eligible for listing in the National Register of Historic Places, but due to local significance have the potential to be recognized in some manner. Landmark Sites are the finest historic homes and most remarkable sites in Stillwater. They have architectural integrity and strong ties to the history of Stillwater. These properties may be eligible for or already listed in the National Register of Historic Places and have the potential for local designation. A program launched in 2008, it recognizes the owners of historic properties and their preservation efforts. Available for viewing at http://www.stillwater-mn.org/hpc/, the interactive database contains 113 heirloom homes and 37 landmark sites. Including high resolution images of the home and a brief narrative history, the website also links properties to County GIS mapping, neighborhood history reports, architectural styles, and - when available - architect and builder information. While the HPC has been accepting applications to this program, funding limitations prevent the HPC from conducting research on individual properties. It is a goal of the HPC to find volunteer researchers willing to assist in program expansion. Attachments HPC Member List HPC Case File List City of Stillwater Heritage Preservation Commission 2021 - 2022 Annual Report Page, 4 of 4 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 October 4, 2022 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 Kohlmann City Clerk Wolf City Attorney Land Community Development Director Gladhill Police Chief Mueller Fire Chief Glaser Finance Director Provos Public Works Director Sanders IT Manager Holman Library Director Troendle OTHER BUSINESS Jurisdictional Transfer of Trunk Highway 96 Andrew Giesen, Washington County Project Manager, explained the upcoming transfer of a 9-mile segment of Highway 96 to Washington County. A visioning study will be done in 2025 to identify short and long term needs of the highway. There are three sources of funding that will be received in 2023. Washington County will add another plow route and another truck to maintain the level of service. Councilmember Polehna asked if there are plans to widen shoulders, and Mr. Giesen replied that a goal of the County will be to widen the shoulders where possible. Councilmember Odebrecht pointed out safety concerns at Neal and McKusick where the speed limit goes from 45 mph to 55 mph, although not part of this project. Councilmember Junker asked how requests for additional access points will work under County ownership, and Mr. Giesen replied right-of-way agreements will be transferred to the County and any proposed new accesses will go before the County, whose goals may be less restrictive than the State, but still follow County guidelines. STAFF REPORTS Public Works Director Sanders updated the Council on the Chestnut Plaza project and stated the pedestrian walkway will open up for winter. Police Chief Mueller reported increases in mental health calls, substance use and homeless calls. The Fencing Consortium is meeting. The Fall Art Fair went well. He gave updates on City Council Meeting October 4, 2022 personnel and camera installation. Store theft training will be scheduled soon. Washington County's mental health staff person will be on board soon. Fire Chief Glaser stated the League of Minnesota Cities will tour the Fire Station October 6. Fire Prevention Week starts October 8 with an open house. The Department's 150th Anniversary Celebration will conclude with a firemen's ball on October 15. Finance Director Provos stated the PID number on the resolution regarding administrative citation fees has been revised. Community Development Director Gladhill noted a customer survey has gone out. Heritage Preservation Awards will be given at the next Council meeting with a meet and greet at 6 p.m. City Clerk Wolf stated absentee early voting is open and more than 90 election judges are committed. Mattress recycling began last week. City Attorney Land stated the City closed on the Lumberjack Landing trail, and noted that some minor amendments to the Central Commons Development Agreement and Assessment Agreement will be brought to the next Council meeting. City Administrator Kohlmann informed the Council the RFP for the facility study will be on the next meeting agenda. The 10 year CIP update is substantially complete. He gave an update on yard waste pickup. IT Manager Holman stated an RFP for ERP software will go out soon. Outlook migration for Office 365 will begin October 13. Staff is talking with consultants on fiber security and password management software. She gave an IT Committee update. Library Director Troendle thanked Facilities Manager Greiner for help on the roof project. The library will be closed October 10 for staff training. The Library Board meeting date will be November 2 due to elections. Upcoming programs are Native American and Works Museum events. RECESS Mayor Kozlowski recessed the meeting at 5:12 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Clerk Wolf City Attorney Land Community Development Director Gladhill Finance Director Provos Police Chief Mueller Fire Chief Glaser Public Works Director Sanders Page 2 of 8 City Council Meeting October 4, 2022 Assistant City Engineer Abdullah Assistant Finance Director Norby PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Certificate of Appreciation for Stillwater Sunrise Rotary and Stillwater Noon Rotary Mayor Kozlowski and the Council recognized Stillwater Sunrise Rotary and Stillwater Noon Rotary for donating benches and bike racks, and assistance removing invasive species. Proclamation - Fire Prevention Week Mayor Kozlowski read a proclamation designating October 9-15 Fire Prevention Week, and Fire Chief Glaser noted the Stillwater Fire Department's 150th anniversary this year. He invited the public to the Fire Prevention Open House October 8. Assistant Chief Zeuli recapped fire prevention activities in the schools. Proclamation - Infants Remembered in Silence Mayor Kozlowski read a proclamation designating October 15 as Pregnancy and Infants Loss Remembrance Day. OPEN FORUM Louise Hansen, Rivertown Commons resident, thanked the Council and staff for all they do. CONSENT AGENDA September 20, 2022 regular and closed session meeting minutes Payment of Bills 2022 General Election Appointment of Judges - Resolution 2022-127 Certification of Administrative Civil Penalties, Parking Mitigation Fees and Solid Waste Charges - Resolution 2022-128, 2022-129 and 2022-130 Chestnut Street Storm Sewer Lining Project Agreement City Website .Gov Domain Registration Final Plat for MJG Addition (Caribou Coffee) at 2001 Washington Ave - Resolution 2022-131 Fire Service Contract with May Township Gambling Permit for Church of St. Michael - Resolution 2022-132 Gambling Premise Permit for Stillwater Elks #179 - Resolution 2022-133 Lumberjack Landing Archaeological Survey Contract Preservation of City Historical Books Short Term Home Rental License for 816 4th Street South Soil Boring Study Agreement for the 2023 Street Improvement Project Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. Page 3 of 8 City Council Meeting October 4, 2022 PUBLIC HEARINGS Amend City Code regarding Accessory Uses and Structures in residential districts to update sizes for larger lots, allow for home offices/recreation rooms, and remove other conflicting regulations pertaining to accessory structures in the City Ordinance Postponed Indefinitely Adopt Proposed Assessments for 2022 Street Improvement Project Assistant City Engineer Abdullah reviewed the project, which is close to completion. The feasibility estimate was $2,398,304 and the final project cost is estimated to be $2,425,920. There were slight variations in the final assessment amount due to appraisals lower than the estimated assessments. Funding is: Assessments = $1,606,514; MSA Funding = $504,116; City Funds = $269,290; Water Utility = $46,000. Six objections were received. The assessment period would be 10 years at 4.5% interest. Staff recommends that Council hold the assessment hearing and adopt the assessment roll. Councilmember Odebrecht asked Mr. Abdullah to recap the assessment process and notification of residents; and Mr. Abdullah explained the process: authorization of a feasibility study, postcards sent to all properties in the feasibility study, meetings explaining what to expect, a public hearing and a copy of the feasibility report sent to every property involved, project approval, then notification by mail during construction stating the project is about to start, a link to sign up for emailed construction updates, and notices on the City web site and Facebook. The final assessment roll is then sent out showing the exact amount property owners will be assessed. Public Works Director Sanders added that property owners age 65 and older or active military on deployment may apply for a deferred assessment. He also stated during the feasibility study, the City hires an appraiser to do appraisals on a number of properties. During the last few years the appraisal value has been lower than the assessed value so the City has lowered the proposed assessments. City Attorney Land stated if a property owner disagrees with the assessed value or the added value their property is getting for the assessment, they must file notice of objection with the Council tonight in writing. They then have 30 days to serve the Mayor or City Clerk with a notice of appeal stating they will file an appeal with district court, and within 10 days after serving the City Clerk they must file the appeal with district court. Mayor Kozlowski opened the public hearing. Dana Noack, 1327 Ramsey Street, objected to her $10,000 assessment. She is extremely angry that the City would assess in the middle of a cost of living crisis. She does not have money to pay the assessment and feels the Council is bringing crisis to the residents at the worst possible time. Summer Seidenkranz, Our Savior's Lutheran Church, 1616 West Olive Street, stated the church strongly feels the project improvements do not create an increase in value, but that sidewalk along Brick creates a negative value because it adds maintenance and other expenses for the church. Mike Zinda, 1326 Ramsey Street, stated he was told he was getting mill and overlay and is now being told it is total reconstruction. Curb and gutter is not needed on Ramsey Street. Page 4 of 8 City Council Meeting October 4, 2022 Mr. Abdullah responded that Ramsey Street was never a mill and overlay; in November, staff explained it was full reconstruction. City policy is whenever reconstructing a road, curb and gutter are added to direct water and extend the life of the road. Mr. Zinda continued that should be made more clear to residents of Ramsey Street who have been told multiple versions of what is happening and when work will be done. He questioned how the project will add $10,000 value to his property. In other communities, residents have paid $4-8,000 for complete reconstruction. He asked the Council to reconsider the assessments. Ted Noack, 1327 Ramsey Street, objected to his assessment and voiced safety concerns about speed at the corner of Grove and Ramsey where drivers cut through due to other nearby projects. Mayor Kozlowski asked Mr. Sanders to look at that intersection. He closed the public hearing. He added he dislikes the assessment policy, but there is value in having a road in front of a house. Roads wear out over time and must be replaced. Appraisals by law are limited to the appraised benefit to the property owner. This policy is not new. If the City spread the assessment total citywide, everybody's taxes would go up by 20% every year. Councilmember Odebrecht agreed the assessment policy needs a revamp. Mayor Kozlowski noted one thing that might be done is to extend the payment period to 15 years. Mr. Zinda suggested 20 years. Councilmember Junker reminded the audience the Councilmembers are all residents, subject to their own assessments, like the $15,000 assessment he got 30 years ago. The City cannot be simply shut down. City Attorney Land confirmed a deferral is available for 65 and older, someone retired due to permanent disability, or National Guard or military reserves on active military duty. A financial hardship also must be proven showing the first payment, in the first year of the assessment, is more than 1% of the adjusted gross income. Assessments will still accrue interest and the total assessment is payable when the house is sold. Mayor Kozlowski asked staff to look at the financial impacts to City of extending large assessments out over 20 years and report at the next Council meeting. Meanwhile the Council could extend the period to 15 years tonight. Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to extend assessments $10,000 or above to 15 years. All in favor. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2022-134, Resolution Adopting Assessment for 2022 Street Improvement Project (Project 2022-02, L.I. 433). All in favor. Adopt Proposed Assessments for 2021 Sidewalk Improvement Project Mr. Abdullah explained that the 2021 Sidewalk Rehabilitation Project is almost 50% complete with the remainder scheduled to start October 11. The feasibility estimate was $45,540 and the final project cost is estimated to be $39,287.50. Funding is: Assessments = Page 5 of 8 City Council Meeting October 4, 2022 $19,643.75; City Funds = $19,643.75. To date, no objections have been submitted. The assessment period would be five years at 4.5% interest. Trinity Church requested more panels of sidewalk to be replaced which would increase their assessment to $3,331.40. Staff recommends that Council hold the assessment hearing, and adopt the assessment roll, with the modified assessment to Trinity Church. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt Resolution 2022-135, Resolution Adopting Assessment for 2021 Sidewalk Improvement Project (Project 2021-06). All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Conditional Use Permit for Myrtle Apartments at 107 3rd St N Community Development Director Gladhill stated that Landucci Homes has proposed a 21- unit, 3-story apartment building at 107 3rd St N. Previous iterations in 2021 and 2022 were denied by the City. He reminded the Council and audience that the City is reacting to a proposal/application, not proposing, nor designing this project. Under Minnesota Statutes Chapter 15.99, the City is obligated to take action on zoning requests such as this. Since residential use is a Conditional Use in the Central Business District, the City could attach reasonable conditions to mitigate reasonable concerns. From materials submitted, the application meets all dimensional standards. He addressed parking and traffic safety concerns previously voiced during Council meetings. Due to an element of public opposition to a high density apartment project at this location, staff has met numerous times with the City Attorney. If the project did not have a parking credit, it would not comply with minimum parking standards. However the legally binding parking credit agreement meets the parking requirements for this project. The credit was already granted, but does not guarantee any particular spaces. City Attorney Land confirmed that the agreement was worded such that it is nothing to do with the parking ramp, it basically functions as a variance. Mr. Gladhill acknowledged there are general concerns with traffic and parking. He explained that Myrtle Street's unique three way stop makes it challenging to find a good traffic model to evaluate the proposal. For the third time a traffic study was done and it found that while there will be a slight increase in accidents at this location, the nodes will continue to operate at an acceptable level of service according to traffic engineers. The Heritage Preservation Commission approved a design permit after the developer revised the design, the Downtown Parking Commission recommends approval, and the Planning Commission recommends approval of the CUP. The Planning Commission added a number of conditions of approval. The City Attorney recommends eliminating Condition #7 regarding pedestrian lighting which is beyond the City's purview. Page 6 of 8 City Council Meeting October 4, 2022 Councilmember Junker stated the developer has been very cooperative to work with. However this is what he considers to be the most challenging, difficult and unique corner in the City, with Myrtle Street being a major artery into downtown Stillwater. He estimates it is 50 feet from the curb on Myrtle to the entrance of the parking garage which will have 26 underground stalls for the 21 units. Notwithstanding the parking credit, there should be 39 parking stalls for this project. The intent of the parking credit agreement, going back to when the City parking garage was built, was to park cars in the parking garage on Sunday mornings. There is a deficit of 52 parking spots between the two housing developments being constructed a block apart. In contrast, the 335 condos in downtown Stillwater have over 700 spaces, 2.2 spaces per door for those 335 units, putting zero parking burden on the City. Building this project on the biggest artery in the City on a very unique hill is pouring kerosene onto a fire. It is not right for Stillwater, it's a bad design for 21 units to go in there. The site does not justify an underground parking garage 50 feet from the intersection at the top of the hill. Though the developer has done a nice job of taking input on building design, he cannot vote in favor of the project. Mayor Kozlowski asked the ramifications if the Council denies a project that meets all the criteria set forth in zoning, and Ms. Land confirmed the project as proposed meets all requirements and she cannot recommend denial. Mayor Kozlowski remarked if the City wanted something specific in that part of downtown it should have been outlined in zoning. The parking credit agreement was obviously written anticipating the post office moving there, a daytime commercial use which never occurred. He doubts the traffic impacts will be as dire as predicted. If the Council denies the application, it is taking value from the property owner. Councilmember Odebrecht agreed that the developer has been great to work with. The defect is in the zoning and the comprehensive plan. He asked about the assignment of parking stalls within the units, and Mr. Gladhill replied the Planning Commission wanted a condition that the developer should not let anyone else other than apartment residents use those underground parking stalls. Councilmember Junker recommended that each of the 21 units be assigned at least one underground parking stall, and City Attorney Land stated that is an appropriate condition. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2022-136, A Resolution Approving a Conditional Use Permit Allowing a Residential Use in the Central Business District at 107 3rd Street North, Stillwater, Minnesota, removing Condition #7 and adding language to Condition #4, requiring that one underground parking space shall be assigned to every unit. Motion passed 4-1 with Councilmember Junker voting nay. COUNCIL REQUEST ITEMS There were no Council request items. Page 7 of 8 City Council Meeting October 4, 2022 ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Mayor Kozlowski, to adjourn. All in favor. The meeting was adjourned at 9:03 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-127, Appointing Election Judges and Fixing Compensation for the 2022 General Election Resolution 2022-128, Adopting Delinquent Administrative Civil Penalties (L.I. Project #00050) Resolution 2022-129, Adopting Delinquent Parking Mitigation Fees (L.I. Project #00080) Resolution 2022-130, Adopting Delinquent Solid Waste Charges (L.I. Project No. 0002) Resolution 2022-131, A Resolution Approving Final Plat for MJG Addition Case No. 2022-41 Resolution 2022-132, Approving Minnesota Lawful Gambling Permit for Church of St. Michael Resolution 2022-133, Approving Minnesota Lawful Gambling Premise Permit for Stillwater Elks #179 at Mad Capper Resolution 2022-134, Resolution Adopting Assessment for 2022 Street Improvement Project (Project 2022-02, L.I. 433) Resolution 2022-135, Resolution Adopting Assessment for 2021 Sidewalk Improvement Project (Project 2021-06) Resolution 2022-136, A Resolution Approving a Conditional Use Permit Allowing a Residential Use in the Central Business District at 107 3rd Street North, Stillwater, Minnesota Page 8 of 8 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC 4lmprint A&K Construction Ace Hardware Action Rental Inc. Adam's Pest Control Advance Auto Parts Aspen Mills AT&T Mobility 6813 FirstNet AutoNation Axon Enterprises Baker Tilly Municipal Advisors BCA Training BDI Gopher Bearing BHE Community Solar BlueCross BlueShield Group Medicare BlueCross BlueShield of MN Inc. Brueghel Judith Bryan Rock Products Inc. Buberl Black Dirt Inc. Bureau of Crim. Apprehension CDI Century Power Equipment Cintas Corp - Medical Cintas Corporation CMC Rescue Inc. Coca-Cola Distribution Cole Papers Community Thread Corval Constructors Cox Bethany Curran Benjamin & Erin Data Practices Office Dell Marketing L.P. ECM Publishers ECSI System Integrators Eder-Zdechlik Trevor J Emergency Medical Products Enterprise FM Trust Ferguson Waterworks #2518 Force America Fury Motors Goodyear Commercial Tire Gopher State One Call Inc. Grainger Guardian Supply Haussner Plumbing LLC Hawkins Inc Snacks for concessions Fire education materials Replace concrete Supplies Concrete and mixing trailer Pest Control Supplies Uniform supplies Locater Tire sensors Magnet mount Professional services Capital Outlay Bonds 2022A Training Equipment repair supplies Solar Energy Retiree Health Insurance Retiree Health Insurance Reimburse for tablecloths Materials Black dirt Terminal access charge LaserFiche Carbide chain loop First Aid Supplies Uniforms & towels Training workshop Aug 28 2023 Beverages for concessions Janitorial supplies Contribution Equipment repair supplies Technology Reimbursement UB Refund Law Enforcement Data Workshop Computer equipment Publications Install cellular fire alarm communicator Reimburse for work boots Air way kits Lease vehicles Water meter connections 5mb Flat Data Plan Battery Tires Locates Cordless impact wrench Uniform supplies - Belisle Lily Lake bathroom building irrigation repair Chemicals 136.75 504.75 3,860.00 1,091.06 317.00 170.00 521.40 112.35 38.23 202.36 93.90 21,705.00 200.00 762.06 6,527.76 13,576.00 18,561.34 16.11 474.59 104.00 1,080.00 15,583.00 368.54 241.52 174.13 899.00 344.50 276.98 5,250.00 3,479.01 419.98 927.35 250.00 1,433.87 108.40 1,448.00 200.00 49.20 10,309.03 205.83 220.00 140.99 674.60 410.40 357.72 139.99 345.00 2,986.91 Helkes Tree Service Holiday Stationstores Circle K Huebsch Service Instrumental Research Jefferson Fire and Safety Inc. Junker Brad Kath Companies Kelly & Lemmons PA Kodiak Power Systems Lano Equipment League of MN Cities LegalShield LeVander Gillen Miller PA Lincoln National Life Insurance Co Lockridge Grindal Nauen PLLP Loffler Companies Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Metropolitan Council Metropolitan Council Environmental Midwest Machinery Co MK Mechanical Inc MN Dept of Labor & Industry MN Dept of Labor and Industry MP Nexlevel LLC Municipal Emergency Services Municipal Pipe Services Pepsi Beverages Company Per Mar Security Services Quill Corporation Radke Daniel Riedel) Shoes Inc. Schifsky Companies SEH Inc Springbrook Software St. Croix Boat and Packet Co. St. Croix Recreation Fun Playgrounds Stillwater Motor Company Streichers T.A. Schifsky and Sons Templin Robert Thomson Reuters TKDA Toll Gas and Welding Supply Uline Inc US Bank Veterans Memorial Vierling Thomas Tree removal Fuel Mat cleaning service Water Testing Turn out gear Reimburse for mileage to conference Diesel Exhaust Fluid Prosecution Aiple lift station Equipment repair supplies Training Data Breach Recovery Professional Services COBRA Life Insurance Labor Relations Misc services and software Labor Relations Services Fuel Electrician service Supplies & equipment Monthly SAC Wastewater Charge Axle kit Preventive Maint Quarterly Surcharge License renewal Locating Break away vests Valve insertion Beverages for concessions Quarterly Monitoring Service Supplies Reimburse for Work Boots Skates Excavation and retaining walls Downtown lighting Monthly UB web payments Dock Space Lease Benches Equipment repair supplies Ammo Aggregate Reimburse for fuel Information Charges Chestnut St Civic Plaza Cylinders Park supplies Paying agent fees Super Valu Parking UB Refund Page 2 1,500.00 60.16 414.67 250.88 5,456.05 205.63 850.32 8,416.67 995.00 716.50 80.00 77.70 12,136.75 14.40 3,333.33 16,781.77 384.81 8,251.41 4,018.00 1,316.19 4,920.30 171,634.30 287.98 5,102.50 8,464.79 130.00 720.70 758.23 8,300.00 456.05 327.00 219.16 200.00 1,178.26 9,670.00 7,980.36 176.00 2,666.67 9,961.15 119.00 155.73 3,382.50 15.00 162.86 37,526.21 46.56 1,189.00 550.00 4,347.00 546.72 Voyant Communications Washington Cty Historical Society Water Works Irrigation LLC Wolf Marine Inc. Wruck Sewer & Portable Rental WSB & Associates Inc. Xcel Energy York International Corp Youth Service Bureau LIBRARY 16 Wins Ace Hardware Amazon Business Backgroundchecks.com Bloomquist Catherine Chan Karen Culligan of Stillwater Faurot Kimberly Global Industrial Graci Leadership Solutions LLC Huebsch Service Lewis Chad Menards Palen Kimball LLC The Works Museum White Bear Center for the Arts SEPTEMBER MANUALS BlueCross BlueShield of MN Lone Oak Companies Inc Rauchnot Joetta M SEPTEMBER CREDIT CARDS All Traffic Solutions Amazon.com Automatic Fire Alarm Assoc Best Buy Business Advantage Cragun's Lodge and Conf Center Delta Air Dream Host Ebay Etsy Facebook.com Global Leadership Network GoDaddy.com Grand Pizza & Catering Phone Contribution Irrigation work 2022 Summer Lease 1st half Portable Restroom Strategic Planning Services Energy Equipment Contribution Website Maintenance Janitorial Supplies Supplies Background Check Programs Programs Water Programs Column Protectors Staff Training Towels and Rugs Programs Janitorial Supplies Roof Upgrade Programs Programs Retiree insurance Utility Billing Postage Return of found property Signs & lighting Weather station Membership TVs Lodging for conference Airline tickets for training Dowling Website Hosting Supplies 150th Items SPD Social media fees Global Leadership Summit Domain name renewal for rec center - 2 yrs Food for Boards & Commission Picnic Page 3 540.16 1,250.00 1,175.00 800.00 3,920.38 2,375.00 24,993.92 380.00 2,750.00 380.00 63.94 263.62 36.15 55.80 350.00 55.00 221.26 913.43 1,000.00 223.17 350.00 68.39 8,700.00 350.00 325.00 190.56 3,458.98 103.96 500.00 1,248.07 175.00 214.73 138.51 1,331.58 21.45 218.67 340.65 25.92 139.00 40.34 1,592.93 Greater Stillwater Chamber of Commerce Jimmy Johns Jiu Jitsu Five-0 Just Candy MN Crime Prevention Assn MN Fire Srv. Cert. Board MN State Fire Chiefs Assn NetDiligence Office Max Slack Stillwater Post Office Stillwater Turf & Power LLC Tennis Roll Off LLC Wells Fargo Bank MN NA Wash Cty Chamber Coalition Mixer Night to unite dinner Training 150th Items MNCPA Conference Recertification Conference registration Breach Planning Software Chair Ref Team Technology Stamps Rescue tool Roll off dumpster Over limit fee Page 4 40.00 58.22 598.00 590.00 250.00 325.00 600.00 900.00 697.93 303.48 122.10 155.15 861.85 39.00 i liwater THE BIRTHPACE OF MINNESOTA DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Central Commons Development Project Agreements BACKGROUND On November 17, 2020, the City Council approved a PUD and Final Plat for Central Commons Addition for the development of a 35.3 acre -parcel located at the southeast intersection of Manning and State Highway 36. The development project includes a 95,000 square feet HyVee store, a gas station with a convenience store and coffee shop, a 200-unit market -rate apartment building and two commercial outlots. The project will require significant public infrastructure improvements, including the extension of trunk sewer and water to the site from the current terminus at Curve Crest Boulevard, which is located north of Highway 36. These trunk sewer and water extension costs will be borne by the Developer through a 15-year assessment, but in order to ease the financial burden of these assessments, the Council authorized tax abatement. To that end, a Development Agreement ("DA"), Tax Abatement Agreement and Assessment Agreement were approved by the City Council on June 15, 2021, which contemplated that the Developer would be assessed the costs of the public infrastructure through an Assessment Agreement, and the tax abatement "refunds" would be used to pay the assessment costs. The DA required the City to complete the public infrastructure improvements by November 30, 2023, but the assessments would not start until January 1, 2025. Given the fluid nature of the Lakeview Hospital development at the northeast intersection of Manning and State Highway 36 (which needs the same extension of trunk sewer and water), the City may not be able to meet its construction deadline in the Development Agreement to extend services to the Central Commons property by November 30, 2023 and would like the flexibility to complete it by November 30, 2024. The developer has agreed to this new date and the City has therefore made some adjustments to the recording deadlines of all documents. • The Developer will record the Assessment Agreement by 12/31/22. (previously required to be recorded immediately) This does not mean assessment payments begin in 2023, but it assures the City that the payments will be forthcoming through the assessments paid each year starting in 2025, so the City can safely order the project when it is ripe. • Developer will commence construction (demolish, grade or start buildings) by 12/31/24 and complete the project by 12/31/32. (Commencement date was originally 12/31/22) • Developer will record the Plat, DA and Tax Abatement Agreement by 12/31/24. (Previously required to be recorded immediately) Since the commencement date of the project is now 12/31/24, there is no urgency to the recording of these documents. These documents need to be recorded before building permits will be issued so the project must begin by that date. Because none of the documents have been recorded yet, instead of approving amendments to all of these previously approved agreements, we are recommending the Council terminate and cancel the existing agreements and approve new agreements. The attached resolution accomplishes those acts. ACTION REQUESTED Approve Resolution 2022- Terminating and Cancelling the Original Development Agreement, Tax Abatement Agreement and Assessment Agreement with Central Commons, LLC and Approving a New Development Agreement, Tax Abatement Agreement and Assessment Agreement With Central Commons, LLC Attachments: Resolution 2022 - xxx Development Agreement Tax Abatement Agreement Assessment Agreement 2 City of Stillwater Washington County, Minnesota RESOLUTION NO. 2022-xxx A RESOLUTION TERMINATING AND CANCELLING THE ORIGINAL DEVELOPMENT AGREEMENT, TAX ABATEMENT AGREEMENT AND ASSESSMENT AGREEMENT WITH CENTRAL COMMONS, LLC AND APPROVING A NEW DEVELOPMENT AGREEMENT, TAX ABATEMENT AGREEMENT AND ASSESSMENT AGREEMENT WITH CENTRAL COMMONS, LLC WHEREAS, on June 15, 2021, the City of Stillwater ("City") approved a Development Agreement, Tax Abatement Agreement and Assessment Agreement ("Original Agreements") with Central Commons, LLC ("Developer") for the purpose of the development of a mixed use commercial and residential project and other related improvements; and WHEREAS, the Original Agreements have not yet been recorded; and WHEREAS, the City and Developer have both requested certain changes to the Original Agreements regarding construction deadlines and recording dates; and WHEREAS, neither the City nor the Developer objects to the requests; and WHEREAS, the parties mutually desire to terminate and cancel the Original Agreements and enter into a new Development Agreement, Tax Abatement Agreement and Assessment Agreement between the City and the Developer. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: 1. The Original Agreements are hereby terminated and canceled; and 2. No additional public hearing for the Tax Abatement Agreement is required as neither the Developer nor the Project has changed from the original Tax Abatement Agreement; and 3. The new Development Agreement, Tax Abatement Agreement and Assessment Agreement with Central Commons, LLC are hereby approved, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. Enacted by the Stillwater City Council this 18th day of October, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DEVELOPMENT AGREEMENT FOR THE PLAT OF CENTRAL COMMONS ADDITION BY AND BETWEEN THE CITY OF STILLWATER AND CENTRAL COMMONS, LLC THIS AGREEMENT, made and entered into on October 18, 2022, ("Effective Date") by and between the City of Stillwater, a Minnesota municipal corporation ("City"), Central Commons, LLC, a Minnesota limited liability company ("Developer" or "Owner"). RECITALS: WHEREAS, in pursuant of the Development Project, the Developer has applied to the City for approval of the Development Plans, PUD, and Final Plat for Central Commons Addition (the "City Approvals"); WHEREAS, in conjunction with the granting of these approvals, the City requires the installation and/or availability of public utilities (sewer and water), public streets, storm sewer pipes, ponds, and other facilities; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429, and 462, the Council approved the Final Plat, PUD, and Development Plans; and WHEREAS, the Development Plans were prepared by a registered professional engineer and have been submitted to and approved by the City Engineer. NOW, THEREFORE, subject to the terms and conditions of this Development Agreement and in reliance upon the representations, warranties and covenants of the parties herein contained, the City, Owner and Developer agree as follows: ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the Development Agreement, shall have the following meanings as set forth below. 1.2. ANDERSON PARCEL. "Anderson Parcel" means that certain 22 acre Stillwater Township parcel of real estate located adjacent to and immediately east of the Development Property, identified as Washington County PID 06.029.20.21.001, which may be annexed into the City at some point in the future. 1.3. ASSESSMENT AGREEMENT. "Assessment Agreement" means that certain Assessment Agreement dated October 18, 2022 between City and Developer. The Assessment Agreement, or as it may be amended, is wholly incorporated in this Development Agreement by reference. 1.4. BCWD. "BCWD" means Brown's Creek Watershed District, a watershed district with duties and powers established by Minnesota Statutes chapters 103B and 103D. 1.5. BCWD PERMIT. "BCWD Permit" means BCWD Permit 19-05. 2 1.6. BUILDER. "Builder" means an entity that will be constructing on a lot in the Final Plat. 1.7. CITY. "City" means the City of Stillwater, a Minnesota municipal corporation. 1.8. CITY APPROVALS. "City Approvals" has the meaning ascribed in the Recitals. 1.9. CITY ENGINEER. "City Engineer" means the City Engineer of the City of Stillwater or delegatees. 1.10. CITY WARRANTIES. "City Warranties" means all City Warranties identified in Article 12 of this Development Agreement. 1.11. COUNCIL. "Council" means the Council of the City of Stillwater. 1.12. COUNTY. "County" means Washington County, Minnesota. 1.13. DEVELOPER. "Developer" means Central Commons, LLC, a Minnesota limited liability company. 1.14. DEVELOPER DEFAULT. "Developer Default" means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the Developer to timely pay the City any money required to be paid under the Development Agreement; b) failure by the Developer to timely construct the Developer Improvements according to the Development Plans and the City standards and specifications; c) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Development Agreement; d) breach of the Developer Warranties. 1.15. DEVELOPER IMPROVEMENTS. "Developer Improvements" means and includes, individually and collectively, all the improvements identified in Article 4. 1.16. DEVELOPER WARRANTIES. "Developer Warranties" means all Developer Warranties identified in Article 10 of this Development Agreement. 1.17. DEVELOPMENT AGREEMENT. "Development Agreement" means this agreement by and among the City and Developer. 3 1.18. DEVELOPMENT PLANS. "Development Plans" means all the plans, drawings, specifications, and surveys dated November 6, 2020 and prepared by Westwood, or as modified and approved by the City Engineer and Developer, which are hereby incorporated by reference and made a part of this Development Agreement. 1.19. DEVELOPMENT PROJECT. "Development Project" means a mixed -use (commercial and residential) development to be known as Central Commons Addition that will be constructed on the Development Property that is substantially in conformance with the Final Plat and with the uses and regulations in the Highway Mixed Use District and PUD. While Hy-Vee, Inc. has been identified as a prospective owner of portions of the Development Property, no final agreements or representations have been made about their prospective use. 1.20. DEVELOPMENT PROPERTY. "Development Property" means that real property legally described on Exhibit A, attached hereto, upon which the Development Project will be constructed. 1.21. EFFECTIVE DATE. "Effective Date" means the date that this Agreement is approved by the City. 1.22. ESCROW AGREEMENT. "Escrow Agreement" means an agreement that requires Developer to deposit cash deposits with Land Title to account for various fees and financial assurances related to construction and installation costs related to the Development Project. 1.23. 58th STREET PROJECT. "58th Street Project" means a project related to the construction of a new extension of CSAH 15 which will extend to the east and connect Manning Ave. S. to Stillwater Blvd. N. 1.24. FINAL PLAT. "Final Plat" means the Final Plat, approved by the Council, attached hereto as Exhibit B. 1.25. FORCE MAJEURE. "Force Majeure" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, pandemics, and fires or explosions. 1.26. FORMAL NOTICE. "Formal Notice" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: 4 If to CITY: If to DEVELOPER & OWNER: If to LAND TITLE: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, MN 55082 Email: jkohlman@stillwater.mn.us Central Commons, LLC Attn: Mark Lambert 6770 Stillwater Blvd., Suite 110 Stillwater, MN 55082 Email: mlambert@summitre.net Land Title, Inc. Attention: Larry Mountain 2200 W. County Road C, Suite 2205 Roseville, MN 55113 Email: lmountain@landtitleinc.com or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. A Formal Notice sent by certified mail as set forth above must also be emailed to the recipient no later than the day following the mailing 1.27. HMU ZONING DISTRICT. "HMU Zoning District" means the Highway Mixed Use zoning district codified in Section 31-326 of the City's municipal code, in effect as of the Effective Date, attached hereto as Exhibit H. 1.28. INDIRECT COSTS. "Indirect Costs" means the costs identified on Exhibit C and F that are related to: a) Finance, administration and legal costs; and b) Engineering services performed by City Staff; and c) Testing and Right of Way services; and d) Consulting engineering services. 1.29. INTERCHANGE PROJECT. "Interchange Project" means a project related to the construction of a new interchange at Manning Ave. S., State Highway 36, and CSAH 15. 5 1.30. LAND TITLE. "Land Title" means Land Title Inc., a Minnesota corporation. 1.31. OTHER REGULATORY AGENCIES. "Other Regulatory Agencies" means and includes, individually and collectively, the following: a) Minnesota Department of Transportation b) Washington County c) Washington County Highway Depai tiiient d) BCWD e) Minnesota Depai tiiient of Health f) Minnesota Pollution Control Agency g) Metropolitan Council h) Any other regulatory or governmental agency or entity affected by or having jurisdiction over the Developer Improvements. 1.32. OWNER. "Owner" means Central Commons, LLC, a Minnesota limited liability company. 1.33. PUBLIC DRAINAGE AND UTILITY EASEMENT AGREEMENT. "Public Drainage and Utility Easement Agreement means those public drainage and utility easements within the Development Property that benefit the City. 1.34. PUD. "PUD" means the Planned Unit Development for the Development Project as approved by the City on November 17, 2020, or as it may be amended. 1.35. SITE IMPROVEMENTS. "Site Improvements" means and includes, individually and collectively, all the improvements identified on Exhibit C and in Article 3. 1.36. STORMWATER SYSTEM IMPROVEMENTS. "Stormwater System Improvements" means the temporary storm ponds and piping, site feeders and main trunk lines and storm ponds, filtration, basins required by the BCWD Permit. 1.37. TAX ABATEMENT AGREEMENT. "Tax Abatement Agreement" means that certain Tax Abatement Agreement dated October 18, 2022 between City and Developer. The Tax Abatement Agreement, or as it may be amended, is wholly incorporated in this Development Agreement by reference. 6 1.38. TRUNK UTILITY EXTENSION. "Trunk Utility Extension" means the extension of City of Stillwater water and sanitary sewer from Curve Crest Boulevard north of State Highway 36 to the northeast corner of the Development Property at a location, size, and capacity reasonably acceptable to Developer to service the PUD. 1.39. UNAVOIDABLE DELAYS. "Unavoidable Delays" means delays which are the direct result of adverse weather conditions; Acts of God; pandemics; strikes or other labor troubles; fire or other casualty to the Development Project; litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays; or, except those of the City reasonably contemplated by this Development Agreement, any acts or omissions of any federal, State or local governmental unit which result in delays in construction of the Development Project, or any other delays caused by reasons outside of the reasonable control of Developer. 1.40. UTILITY COMPANIES. "Utility Companies" means and includes, jointly and severally, the following: a) Utility companies, including electric, gas and cable; b) Pipeline companies. ARTICLE 2 FINAL PLAT & PUD APPROVAL 2.1. FINAL PLAT AND PUD APPROVAL. The Council approved the Final Plat and PUD on November 17, 2020. Conditions contained in the City Council Resolutions for the Final Plat and PUD (such Resolutions/Conditions are attached as Exhibit J) shall be considered a condition of this Development Agreement. 2.2. RECORDING OF FINAL PLAT. On or before December 31, 2024, the Developer shall record the Final Plat, the Public Drainage and Utility Easement Agreement, and this Development Agreement with the Washington County Recorder. No building permits shall be issued unless the Developer shows evidence to the City that the Final Plat, Public Drainage and Utility Easement Agreement, and this Development Agreement have been recorded with the County Recorder, however, demolition and grading permits may be issued prior to the above conditions being met. 2.3. PUBLIC DRAINAGE AND UTILITY EASEMENT AGREEMENT. Except as provided in Section 4.2 below, Developer shall execute drainage and utility easements by an acceptable recordable document as approved by the City and Developer. In Developer's discretion and subject to City's approval, which will not be unreasonably withheld, the Public Drainage and Utility Easement Agreement may be amended from time to time to accommodate changes in the Development Plans. 2.4. AMENDMENT OF OFFICIAL CONTROLS. During the term of this Development Agreement, Developer shall be allowed to rely on and develop the Development 7 Property pursuant to the official controls articulated in the Comprehensive Plan, which guides the development of the Development Property, the HMU Zoning District that was effective as of the Effective Date, and the Final Plat and PUD Resolutions, including the uses, development density, lot size, lot layout, setbacks, dedication or platting requirements or as permitted by the City Approvals and the Development Plans. During the term of this Agreement, changes or amendments to the Comprehensive Plan or official controls that impact the Development Property do not apply to the Development Project, unless such changes or amendments are less stringent, in which case, Developer may choose to apply the less stringent requirements, at Developer's sole discretion. ARTICLE 3 SITE IMPROVEMENTS 3.1. SITE IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER. Developer shall construct and install, at its own cost initially but subject to reimbursement through tax abatement as provided herein, all of the Site Improvements identified on Exhibit C (regardless of whether such improvements are actually located on or off the Development Property site) in accordance with City standards for making public improvements. a) ONSITE PUBLIC WATER AND SEWER. The Development Plans contemplate public water and sewer improvements on the Development Property, all of which are to be constructed by Developer or City. b) MANNING AVENUE SOUTH. The Developer shall overlay/pave and possibly construct curb and gutter on the County -constructed gravel road (Manning Ave. S. from Linden Ave to the northern lot line of Lot 4, Block 2). c) STORMWATER SYSTEM IMPROVEMENTS. The Developer shall construct and install the Stormwater System Improvements in accordance with the requirements of the BCWD Permit. If Developer completes the improvements described above in Sections 3.1(a), (b), and (c), the Developer's project costs for such improvements will be reimbursed fully by City upon substantial completion of the improvements as articulated in the Tax Abatement Agreement. 3.2. SITE IMPROVEMENTS TO BE CONSTRUCTED BY OTHERS. a) EXTENSION OF TRUNK UTILITIES. The City shall construct the Trunk Utility Extension, making such utilities available to the Developer on the Development Property no later than November 30, 2024. The Developer's portion of project costs for the Trunk Utility Extension will be assessed to the Development Property as provided in the Assessment Agreement and described in Exhibit G. Notwithstanding anything contained herein to the contrary, if City does not perform as required under this Section 3.2(a), Developer may, in its sole discretion, complete the City's work required under this Section at City's cost. The City shall be required 8 to pay Developer's contractor within 30 days of receipt of invoice for such contractor's work in completing the extension of the trunk utilities. INTERCHANGE PROJECT AND 58th STREET PROJECT. The Interchange Project is underway at the time of the Effective Date and the Developer's allocation of costs are stated in the Assessment Agreement and described in Exhibit G. The 58th Street Project is scheduled for construction at a time yet to be determined. Therefore, the actual costs of construction for the 58th Street Project is unknown at the time of the Effective Date, however, such costs have been estimated and the Developer agrees that such estimated costs may be assessed up to that amount pursuant to the Assessment Agreement. Developer understands and acknowledges that Developer shall pay the City's portion of the construction costs for the Interchange Project and the 58th Street Project as invoiced by County through an assessment against the Development Property, as provided in the Assessment Agreement and described in Exhibit G, and the City shall reimburse said costs as provided in the Tax Abatement Agreement. As part of the Interchange Project, the County acquired and paid for certain Right of Way from Developer ("Developer's ROW Payment"). Developer understands that the City must reimburse the County for the Developer's ROW Payment, but the City has not yet received a request for such payment from the County. Developer has agreed to pay the City the amount that the City is required to pay to the County for the Developer's ROW Payment, which is described on Exhibit F. Such payment shall be due and payable within 30 days after the City sends notice to Developer with sufficient documentation from the County verifying such amount. Notwithstanding anything contained herein to the contrary, if County does not timely perform as contemplated under this Section 3.2(b), Developer may, in its sole cost and discretion but subject to reimbursement as provided under Section 3.1, complete either i) the County's work required under this Section pursuant to the County's plans; or ii) a 30' temporary access road as depicted in the Development Plans. The Developer shall be required to grant a right of way easement to the City, for any such temporary access road. Such right of way easement in favor of the City will automatically terminate upon a County taking or a dedication of the County of any of the underlying land encumbered by the right of way easement. b) ASSESSMENTS. The terms and conditions of the assessments are established in the Assessment Agreement. 3.3. ASSESSMENT AND TAX ABATEMENT COSTS. The assessment and tax abatement allocations and costs are contained in Exhibit G. In as much as the individual line items of Exhibit G are preliminary estimates, the costs attributable to each line may be increased or decreased as such final costs are determined provided the total amount of the tax abatement is not exceeded. Further, the future property taxes for Outlots A and B, Central Commons Addition (future development lots) were not included as part of the Tax Abatement Agreement. It is contemplated 9 that a new or amended tax abatement agreement could be considered by the City Council in the future for Outlots A and B. 3.4. ANDERSON PARCEL. If the Anderson Parcel is annexed to the City of Stillwater within 10 years of the date of this Development Agreement, the Anderson Parcel may be serviced by the Trunk Utility Extension, provided that a portion (a percentage to be agreed upon by the Developer and City) of any fees or assessments received shall be credited to Developer's share of the Trunk Utility Extension assessed to Developer and Developer consents to such extension and re- apportionment. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1. DEVELOPER IMPROVEMENTS. The Developer shall install, at its own cost but subject to reimbursement as provided herein, the Developer Improvements in accordance with the Development Plans and in accordance with the approvals of the City Council, and all ordinances and Final Plat and PUD resolutions of the City or any amendments thereto and any miscellaneous requirements on Exhibit D, attached hereto. 4.2. GRADING/DRAINAGE PLAN AND EASEMENTS. The Developer shall construct Stormwater System Improvements adequate to serve the Development Project in accordance with the Development Plans and the BCWD Permit. The Developer agrees to grant to the City, through the BCWD-required declaration, all necessary easements for the preservation, operation, and maintenance of the drainage system and for drainage basins. The Developer shall enter into easement agreements and stormwater management agreements with the City that are deemed necessary to fulfill the obligations of this Agreement. The grading and drainage plan shall include lot and building elevations, drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the BCWD Permit. The grading of the site shall be completed in conformance with the Development Plans, subject only to such design criteria and engineering design and construction specifications as are used in the Development Plans notwithstanding any amendment or change to City standards for development subsequent to approval of the Final Plat. The Developer shall enter into an Escrow Agreement with BCWD for the costs associated with the Stormwater System Improvements. The Developer's project costs for the Stormwater System Improvements will be reimbursed by City upon substantial completion of such improvements pursuant to the Tax Abatement Agreement. 4.3. GRADING OF PUBLIC STREETS. As part of each phase, the Developer will grade, in accordance with the City -approved grading plan, all public streets, boulevards, driveways, temporary roadway (if applicable) and other public lands, if any, shown and designated as the Developer's responsibility in such grading plan. If the Developer does not timely perform the work required by this Section 4.3, the City will complete all work required of the Developer. The Developer is not responsible for the Interchange Project or the 58th Street Project, except as stated in Section 3.2(b) to create a temporary access. 10 4.4. PUBLIC STREET MAINTENANCE. Developer is responsible for maintenance, upkeep and repair of all publicly dedicated streets that Developer constructs contained within the Final Plat from initiation of construction through final acceptance by the City. 4.5. STREET SWEEPING. The Developer is responsible for the removal of all construction debris and earth materials within the public right-of-way typically resulting from construction activities. The City will inspect the roadways to ensure the Developer is keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an unacceptable condition, the City will have appropriate equipment dispatched to the site and all reasonable costs associated with the clean-up effort will be billed to the Developer. 4.6. BOULEVARD AND AREA RESTORATION. The Developer shall seed all boulevards and restore all areas disturbed by the development grading operation in accordance with the approved phased erosion control plan and BCWD Permit, over the entire Final Plat. Upon request of the City Engineer and upon approval by BCWD, the Developer shall remove the silt fences after grading and construction have occurred. 4.7. TRAIL AND RETAINING WALLS. Developer shall construct all private trails and private sidewalks and private retaining walls identified as Developer's responsibility on the Development Plans. Developer shall enter into any easement agreements with the City that are deemed necessary to fulfill the obligations of this Section. 4.8. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR DURING CONSTRUCTION. The Developer shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to the Final Plat resulting from the grading or building on the land within the Final Plat by the Developer or its agents, and shall restore to the City's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the City's specifications any damage to bituminous surfacing resulting from the use of construction equipment. The Developer is also responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into City streets or that may fall from delivery trucks onto adjoining private properties or City streets. Further, during construction, the Developer must clear the City streets of any dirt or other earthen material that may fall onto the City streets from the delivery trucks that are being used in the excavation and grading of the site. Furthermore, the Developer shall maintain reasonable access to any occupied buildings within the Final Plat, including necessary street maintenance such as grading, graveling, patching and snow removal prior to permanent street surfacing. For streets that have been constructed by the Developer or constructed by others but are required to maintain reasonable access to any occupied buildings, the Developer agrees to perform and assume all responsibilities relating to snow removal and ice control, if such streets have not been accepted for winter maintenance by the City Engineer by October 15, or later if approved by the City's Public Works Director. Completion of the work described in this 11 paragraph shall be completed within fifteen (15) days after notice by the City to the Developer that repair, or restoration is required. 4.9. OCCUPANCY AND ACCESS. Unless 58t1i Street Project is underway or complete, no building permit for Lot 1, Block 1 or Lots 1, 2, 3, Block 2 shall be issued until the Developer has - built a temporary 30' Class V gravel road 6" base access road to access that lot as provided in Section 3(b)(ii) above or such other design as is acceptable to the City Engineer. No certificate of occupancy for any lot within the Final Plat shall be issued until: a) all water and sanitary sewer improvements are installed and found acceptable by the City Engineer, and b) the first lift of street pavement has been installed and found acceptable by the City Engineer, or alternative access has been provided that is acceptable to the City Engineer. Furthermore, the Developer is responsible for the construction and cost of constructing any necessary temporary bituminous roadway before the public roadway is constructed and shall maintain reasonable access to any occupied buildings, including necessary street maintenance prior to permanent street improvements that are accepted by the City. 4.10. VEGETATION. The Developer shall comply with City ordinances and policies related to preservation of vegetation and trees. 4.11. LANDSCAPING. The Developer is responsible for installing all landscaping improvements within the lots as depicted on the Development Plans in a timely mariner. 4.12. EROSION CONTROL. The Developer shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency handbook titled Water Quality in Urban Areas and a grading permit from the City and BCWD. Such plan shall be detailed on the Development Plans and shall be subject to approval of the City Engineer and BCWD. The Developer shall install and maintain such erosion control structures as shown on the Development Plans and as required by the BCWD Permit. The Developer shall be responsible for all damage caused as the result of non -compliant grading and excavation by Developer within the Final Plat including, but not limited to, restoration of existing control structures and clean-up of public right-of-way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the Developer shall seed or sod any disturbed areas in accordance with the Development Plans. After the site is rough graded, the Developer must provide erosion control devices that are reasonably required by the BCWD Permit. The parties recognize that time is of the essence in controlling erosion. If the Developer does not provide erosion control as required by the BCWD Permit, the City may, after a twenty-four (24) hour written notice to Developer, take appropriate action to control erosion. The City may, if no correction action is taken by Developer within 24 hours of such written notice, a) draw upon any posted financial guarantee to pay costs incurred by the City in controlling erosion within the Final Plat, or b) at the City's option, assess the additional costs incurred as part of the Developer Improvements. 4.13. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The Developer must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control without the City's consent. Notwithstanding the foregoing, it is agreed that Developer may transfer its responsibility for sod installation without consent, provided Developer remains liable for the 12 performance thereof and it is understood and agreed that upon transfer of the NPDES permit to the Builder or buyer of an individual lot, all responsibilities subsumed under the said NPDES permit specific to the subject lot shall, thereafter, be the Builder's responsibility and not Developer's responsibility. 4.14. WEED/GRASS MAINTENANCE. With respect to each lot within the Development Property that corresponds with an issued building permit, once a building permit is issued, Developer must not allow or permit, excluding land deeded to the City for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than eight (8) inches, or permit any accumulation of dead weeds, grass or brush. In the event the Developer fails to comply with this provision, the City may give the Developer notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by City must be paid by Developer or assessed against the property that is in violation. ARTICLE 5 PARK DEDICATION CONTRIBUTION REQUIREMENTS 5.1. PARK DEDICATION. During the term of this Agreement, and prior to the issuance of any building permit for a specific lot, Developer shall pay the residential or commercial Park Fee and Trail Fee for the lot involved in the building permit as stated on Exhibit F. ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The Developer shall obtain all necessary approvals, permits and licenses from the City, the Other Regulatory Agencies and the Utility Companies, as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be determined prior to completion and incorporated into the Development Plans. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer. The Developer shall defend and hold the City harmless from any action initiated by the Other Regulatory Agencies and the Utility Companies resulting from Developer's failure to obtain necessary permits or licenses. ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.1. TAX ABATEMENT AGREEMENT. Contemporaneous with the approval and execution of this Development Agreement, the City will: 1) enter into a Tax Abatement Agreement with the Developer; and 2) promptly use and apply the $750,000 Storm Water and Utility Matching Funds awarded from Washington County's America Rescue Plan Act (ARPA) funds, as approved the Washington County Board on September 28, 2021 by Resolution No. (the "ARPA Funds"), upon receipt, for the Trunk Utility Extension, all in accordance with the terms provided in Exhibit G. The Tax Abatement Agreement is hereby incorporated into this Development Agreement by reference. 13 7.2. EXISTING MAINTENANCE SHED LOCATED ON OUTLOT C. Developer, or its successors and assigns, is allowed use of the existing maintenance shed, apron, and surrounding property located on Outlot C and as shown on the Development Plans. Such shed will be considered a legal non -conforming use and can be repaired, replaced and improved, but not expanded, except as set forth in the Development Plans. 7.3. MISCELLANEOUS REQUIREMENTS. Building construction and general construction activities are limited to Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturday between the hours of 9:00 AM and 7:00 PM. Site grading/excavation and street and utility construction activities are limited to Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturday between the hours of 9:00 AM and 7:00 PM. ARTICLE 8 DEVELOPER CONTINGENCIES 8.1 DEVELOPER'S CONTINGENCIES. DEVELOPER obligations to perform under this Development Agreement are contingent upon the following: a) Obtaining all governmental approvals and permits necessary for the construction of the Development Project; b) City's timely completion of the Trunk Utility Extension. ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. Except as reimbursed pursuant to the terms herein or otherwise provided in this Development Agreement to the contrary, the Developer shall pay for the Developer Improvements and those Site Improvements to be completed by Developer as described in Section 3.1 and Article 4; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the City shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the contract or subcontract. With respect to the work described in Section 3.1, subject to reimbursement as described herein, the Developer is responsible for contracting and paying for reasonable street and utility testing costs. The City's designated inspector on the Development Project will coordinate the street and utility testing activities. All testing reports shall be sent to the City with a copy to the Developer. 9.2. MISCELLANEOUS INDIRECT CASH FEES AND IMPACT FEES. The Developer shall reimburse the City for all miscellaneous costs and Indirect Costs incurred or to be incurred by the City in connection with this Development Agreement. Such costs are identified on Exhibit F. If the Indirect Cash Escrow is reduced to $5,000, Developer shall be required to increase it to its original amount within 30 days of receipt of an invoice from the City. This process of 14 replenishing the Cash Escrow shall be required until the Cash Escrow can be released pursuant to Section 15.3. Payment of the AUAR Fees will be paid by the Developer prior to the issuance of the first building permit in the Development Project. 9.3. ENFORCEMENT COSTS. Provided that City gives Developer a thirty (30) day written notice of the estimated enforcement costs prior to the City incurring such costs, the Developer shall pay the City for reasonable costs incurred in the enforcement of this Development Agreement, including engineering costs and reasonable attorneys' fees. 9.4. TIME OF PAYMENT. Developer shall pay reasonable costs delineated in bills from the City within thirty (30) days after billing. Bills not paid within thirty (30) days of Developer's receipt of Formal Notice of non-payment shall bear interest at the rate of eight percent (8%) per year. ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby warrants and represents the following: a) AUTHORITY. Developer is the fee title Owner of the Development Property in the Final Plat and has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Agreement, and no approvals or consents of any persons are necessary in connection with the authority of Developer to enter into and perform its obligations under this Development Agreement. b) NO DEFAULT. Developer is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this Development Agreement. Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this Development Agreement by Developer or prohibit any of the transactions provided for in this Development Agreement. c) PRESENT COMPLIANCE WITH LAWS. To its knowledge, Developer has complied with and is not in violation of current applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Final Plat and the Development Plans and the Developer Improvements; and Developer is not aware of any pending or threatened claim of any such violation. d) CONTINUING COMPLIANCE WITH LAWS. Subject to Section 2.4 above, Developer will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the Final Plat and the Development Plans and the Developer Improvements. 15 e) NO LITIGATION. Other than the potential condemnation/dedication related to the Interchange Project and the 58th Street Project, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting Developer or the Final Plat or the Development Plans or the Developer Improvements. Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. f) FULL DISCLOSURE. None of the representatives and warranties made by Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by Developer or on its behalf intentionally contains or will contain any untrue statement of material fact or intentionally omit any material fact the omission of which would be misleading. Any unintentional untrue statements or omissions shall be corrected or cured within thirty (30) days after the Developer receives Formal Notice or obtains knowledge of such error, unless an extension is granted by the City. g) PLAT COMPLIANCE. As of the date of approval by the City, to Developer's knowledge the Final Plat and the Development Plans comply with all City, County, metropolitan, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The Developer warrants all work required to be performed by it under this Development Agreement against defective material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. The Developer shall be solely responsible for all costs of performing repair work required by the City within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements shall be similarly warranted for one year from the time of planting. The warranty period for street and drainage and erosion control improvements shall be for two (2) years after completion and acceptance by the City; the warranty for the street, drainage and erosion control improvements shall also include the obligation of the Developer to repair and correct any damage to or deficiency with respect to such improvements. i) OBTAINING PERMITS. The Developer shall obtain in a timely mariner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the Developer Improvements may be lawfully constructed. A list of the City permits, licenses, and approvals required is identified on Exhibit E. ARTICLE 11 [INTENTIONALLY BLANK] 16 ARTICLE 12 CITY WARRANTIES 12.1. STATEMENT OF CITY WARRANTIES. The City hereby warrants and represents as follows: a) ORGANIZATION. City is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. b) AUTHORITY. City has the right, power, legal capacity and authority to enter into and perform its obligations under this Development Agreement. c) EXTENSION OF TRUNK UTILITIES. The City shall complete the Trunk Utility Extension, making such utilities available to the Developer on the Development Property no later than November 30, 2024. ARTICLE 13 REPRESENTATIVES NOT INDIVIDUALLY LIABLE; INDEMNIFICATION 13.1. CITY INDEMNIFICATION. The City and its officers, agents, servants and employees shall not be liable for any damage or injury to the Developer, or its successors, transferees, or assigns, or its officers, agents, servants or employees, or the Development Property, due to any act of negligence by any person other than the officers, agents, servants and employees of the City. Except for any willful or wanton misconduct or unlawful or fraudulent acts, the Developer agrees to indemnify and to hold the City harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Development Agreement, or the transactions contemplated hereby or the construction, installation, ownership, and operation of any public or private improvements authorized hereunder. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Development Agreement. 13.2. DEVELOPER INDEMNIFICATION. The Developer and its successors, transferees or assigns, or its officers, agents, servants and employees shall not be liable for any injury to the City, its officers, agents, servants or employees, due to any act of negligence by any person other than the Developer, its successors, transferees or assigns or its officers, agents, servants and employees. Except for any willful or wanton misconduct or unlawful or fraudulent acts, the City agrees to defend the Developer and its successors, transferees or assigns or its officers, agents, servants and employees, and to indemnify and to hold the same harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Development Agreement, or the transactions contemplated hereby or the construction, installation, ownership and operation of any public or private improvements authorized hereunder. No officer, agent, servant or employee of the Developer shall be personally liable to the City or its officers, agents, servants or employees in the event of any default or breach by the Developer of any obligation or term of this Development Agreement. 17 13.3. NOTICE. Within a reasonable period of time after the indemnified party's receipt of actual notice of any matter giving rise to a right of payment against the other party pursuant to Sections 13.1 or 13.2, the indemnified party shall give the Formal Notice in reasonable detail to the indemnifying party. The indemnifying party shall not be obligated to make any payment to the other party for any such claim until the passage of thirty (30) days from the date of its receipt of Formal Notice from the indemnified party, during which time the indemnifying party shall have the right to cure or remedy the event leading to such claim. ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT 14.1. CITY REMEDIES. If a Developer Default occurs, that is not caused by Force Majeure, and continues without cure, the City shall give the Developer Formal Notice of the Developer Default and the Developer shall have thirty (30) days to cure the Developer Default, unless such default cannot be cured or remedied within thirty (30) days, in which case the period for remedy or cure shall be extended for a reasonable time, provided the Developer has made and continues to make a diligent effort to effect such remedy or cure. If the Developer, after Formal Notice to it by the City, does not cure the Developer Default, then the City may avail itself of any remedy afforded by law and any of the following remedies: a) the City may specifically enforce this Development Agreement; b) the City may suspend any work, improvement or obligation to be performed by the City until the City receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Development Agreement; c) the City may draw on the LOC or cash deposit in escrow pursuant to Article 15 hereof and in accordance with the terms of the Escrow Agreement; d) the City may suspend or deny building and occupancy permits for buildings within each individual lot of the Final Plat associated with such default; e) the City may, at its sole option, perform the work or improvements to be performed by the Developer, in which case the Developer shall within thirty (30) days after written billing by the City reimburse the City for any costs and expenses incurred by the City. In the alternative, the City may in whole or in part, specially assess any of the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the Final Plat. The Developer hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 18 14.2. DEVELOPER REMEDIES. If the City defaults in the performance of any of its obligations under this Development Agreement, the Developer shall give the City notice of such default and the City shall have 30 days to cure the default. If the City, after the notice to it by the Developer, does not cure the default within such 30 day period, or such longer period as may be necessary if the default may not reasonably be cured within such 30 day period, provided the City pursues the cure with reasonable diligence, the Developer may avail itself of any remedies afforded by law and any of the following non-exclusive remedies: a) the Developer may specifically enforce this Development Agreement, including without limitations the use of temporary restraining orders, temporary injunctions and permanent injunctions; b) the Developer may suspend its performance under this Development Agreement until it receives assurances from the City, deemed adequate by the Developer, that the City will cure its default and continue performance under this Development Agreement; c) the Developer may terminate or cancel and rescind this Development Agreement and recover any financial assurances held by the City; and d) if the City's default is the failure to perform one or more of its monetary obligations under this Development Agreement, the Developer may commence an action against the City for monetary damages. 14.3. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this Development Agreement is breached by one of the parties and thereafter waived in writing by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the City or Developer must be in writing. 14.4. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the parties shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the Development Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 14.5. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof relating to Formal Notice to the Developer in case of a Developer Default and notwithstanding the requirement contained in Section 14.1 hereof relating to giving the Developer a right to cure the Developer Default, in the event of an emergency as determined by the City Engineer, resulting from the Developer Default, the City may perform the work or improvement to be performed by the Developer without giving any notice or Formal Notice (provided, however, that the City Engineer must attempt to give verbal or written notice to Developer) to the Developer and without giving the 19 Developer the right to cure the Developer Default. In such case, the Developer shall within thirty (30) days after written billing by the City reimburse the City for any and all costs incurred by the City. In the alternative, the City may, in whole or in part, specially assess the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the Final Plat. ARTICLE 15 FINANCIAL OBLIGATIONS 15.1. DEVELOPER'S FINANCIAL ASSURANCE ESCROW. Pursuant to the Escrow Agreement, the Developer shall deposit with Land Title the cash escrow amount required under the Escrow Agreement. The terms of the Escrow Agreement will serve to secure compliance by the Developer for those Site Improvements on Exhibit C. The City may draw down on the cash deposit, with prior notice as required under the Escrow Agreement and, if applicable, with the prior notice as required in Section 14.1 relating to a Developer Default, for any of the following reasons: a) a Developer Default; or b) upon the City receiving notice that Land Title has not timely received the funds to be provided by Developer under the Escrow Agreement. If City draws on the cash deposit, the City shall use the cash deposit proceeds to reimburse the City for its costs and to cause the Site Improvements to be constructed to the extent practicable; if the City Engineer determines that such Site Improvements have been constructed, the remaining proceeds shall be distributed to the Developer. The amount of cash deposit allocated to the City may be reduced periodically pursuant to the terms of the Escrow Agreement. 15.2. DEVELOPER'S CASH FEES AND CASH ESCROW REQUIREMENTS. Prior to the commencement of any a specific phase of construction (initial site grading, installation of water and sanitary sewer with the Development Property, etc.), Developer shall deposit cash and cash escrows with the City for those items, and in the amounts required in Exhibit F. 15.3. BUILDER'S CASH FEES AND CASH ESCROW REQUIREMENTS. Any building permit fees or escrows that City may otherwise require from Builder are stated in Exhibit F. 20 ARTICLE 16 MISCELLANEOUS 16.1. CITY'S DUTIES WITH RESPECT TO DEVELOPER IMPROVEMENTS. The terms of this Development Agreement shall not be considered an affirmative duty upon the City to complete any Developer Improvements. 16.2. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the City under this Development Agreement. 16.3. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Development Agreement. 16.4. RECORDING. The Development Agreement, Assessment Agreement, Tax Abatement and Final Plat shall be recorded with the County Recorder and the Owner and Developer shall provide and execute any and all documents necessary to implement the recording. 16.5. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable Development Agreement shall run with the land in the Final Plat and shall be binding upon the successors and assigns of the Developer. This Development Agreement shall also run with and be binding upon any after acquired interest of the Developer in the land made the subject of the Final Plat. 16.6. CONTRACT ASSIGNMENT. The Developer may not assign any portion of this Development Agreement without the prior written consent of the City, which approval will not be unreasonably withheld. In such case, the third -party buyer will be required to accept and assume all or a portion of the contractual and financial responsibilities provided in this Development Agreement for the applicable lot or lots of the Development Property. Upon satisfaction of the above requirements by such third -party buyer, the Developer's obligations hereunder shall terminate. Absent approval of the City, the Developer's obligations hereunder shall continue in full force and effect, even if the Developer sells one or more lots, the entire Plat, or any part of it. Notwithstanding the foregoing, if Central Commons, LLC sells certain lots within the Development Property to Hy-Vee Inc. ("Hy-Vee"), the City shall release the Development Agreement from the lots acquired by Hy-Vee at closing and amend the Development Agreement to remove those lots from the Development Property. . 16.7. COMMENCEMENT AND COMPLETION OF CONSTRUCTION. Subject to Unavoidable Delays, the Developer shall commence demolition, grading, or construction by December 31, 2024. Subject to Unavoidable Delays, the Developer shall have substantially completed the construction of the Development Property no later than December 31, 2032. All work with respect to the Development Project to be constructed or provided by the Developer on the Development Property shall be in substantial conformity with the Development Plans. 16.8. CERTIFICATE OF COMPLETION; RELEASE OF ENCUMBRANCE. 21 a) After substantial completion of the Developer Improvements on a specific lot or lots on the Development Property in accordance with the Development Plans and all terms of this Development Agreement, the City will furnish Developer (or its successor) with a Certificate of Completion in the form of Exhibit I hereto. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Development Agreement with respect to the obligations of Developer to construct the Developer Improvements and shall operate to remove this Development Agreement as an encumbrance on the title of the lot or lots to which the Certificate of Completion applies. b) The Certificate of Completion provided for in this Section 16.8 shall be in such form as will enable it to be recorded in the proper county office in Washington County, Minnesota for the recordation of deeds and other instruments pertaining to the Development Property. If the City shall refuse or fail to provide such certification in accordance with the provisions of this Section 16.8, the City shall, within thirty (30) days after written request by Developer, provide Developer with a written statement, indicating in adequate detail in what respects Developer has failed to complete the Developer Improvements in accordance with the provisions of the Development Agreement, or is otherwise in default of a material term of this Development Agreement, and what measures or acts will be necessary, in the reasonable opinion of the City, for Developer to take or perform in order to obtain such certification. 16.9. AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this Development Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Development Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Development Agreement, waive compliance by another with any of the covenants contained in this Development Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Development Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Development Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.10. GOVERNING LAW. This Development Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 16.11. COUNTERPARTS. This Development Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 22 16.12. HEADINGS. The subject headings of the paragraphs and subparagraphs of this Development Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 16.13. INCONSISTENCY. If the Development Plans are inconsistent with the words of this Development Agreement or if the obligation imposed hereunder upon the Developer are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the Developer shall prevail. 16.14. ACCESS. The Developer hereby grants to the City, its agents, employees, officers, and contractors a license and right of entry to enter the Development Property to perform all work and inspections deemed appropriate by the City during the installation of Developer Improvements and Site Improvements. [The remainder of this page was intentionally left blank.] 23 IN WITNESS WHEREOF, the parties have executed this Development Agreement. CITY: CITY OF STILLWATER By: Ted Kozlowski Its Mayor By: Beth Wolf Its City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 24 DEVELOPER/OWNER: CENTRAL COMMONS, LLC By: Summit Management, LLC Its: Sole Member By: Mark Lambert Its: Chief Manager STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2022, before me a Notary Public within and for said County, personally appeared Mark Lambert, to me personally known, who being by me duly sworn, did say that he is the Chief Manager of Summit Management, LLC, a Minnesota limited liability company, the Sole Member of Central Commons, LLC, a Minnesota limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its Sole Member and said Mark Lambert acknowledged said instrument to be the free act and deed of the entity. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land (#262432) LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Dr., Suite 300 Eagan, MN 55121 25 EXHIBIT A DEVELOPMENT PROPERTY Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: Lot 1, Block 1, Central Commons Addition Lots 1-4, Block 2, Central Commons Addition Outlots A-F, Central Commons Addition A-1 MO) I-P in EXHIBIT B FINAL PLAT B-1 CENTRAL COMMONS ADDITION • A AdCO HOW B-2 EXHIBIT C DEVELOPER SITE IMPROVEMENTS CITY ESCROW Site Improvements Escrow Private Sanitary Sewer and Watermain within the Development Project $360,000 Storm Sewer and Stormwater System Improvements N/A Paving Gravel Street (Manning Ave. S. from Linden Ave to the N. line of L. 4, Block 2) $30,000 Initial Mass Grading (covered by BCWD Permit) N/A Construction Debris Removal $5,000 Total ESCROW $395,000 C-1 EXHIBIT D MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT TO BE RECORDED. a) Developer executes the Development Agreement, Tax Abatement Agreement, Escrow Agreement for BCWD, Assessment Agreement and any required easements or maintenance agreements required by the City. 2) GRADING/DEMOLITION PERMITS. Grading and demolition permits may be obtained at any time provided that the grading will comply with the conditions of the BCWD Permit. 3) BUILDING PERMITS. Other than grading/demolition permits, no building permits may be obtained until: a) All the conditions in Paragraph 1 of this Exhibit D have been met. b) AUAR Fee. Developer payment of the AUAR fee as stated on Exhibit F. c) Park Fee, Trail Fee, and WAC fee. Developer payment of the Park Fee, Trail Fee, and WAC fee required for the lot on which the specific building permit is requested. d) All Other Cash Deposits. Developer must pay all cash deposits required in Exhibit F of this Development Agreement for the lot(s) on which the specific building permit is requested. e) Financial Assurances/Escrow. Developer must execute the Escrow Agreement, which requires Developer to deposit funds with Land Title for the Site Improvements in the amounts required in Exhibit C under this Development Agreement. f) Temporary Easements for Trail Construction. Developer has executed the following easement agreements for purposes of the construction of trails: (i) Temporary Easement with the County for construction of a trail in the Right of Way along County Road 15. (ii) Temporary Easement with the City for construction of a trail along the west side of Lot 4, Block 2 and Outlots A and B. g) BCWD Declaration. Developer has executed a declaration as required by the BCWD Permit. D-1 h) Retaining Walls. Developer has executed the necessary agreements with the City for construction and the maintenance of retaining walls, if any. i) All storm water ponds and associated drainage features including storm sewer and drainage swales are scheduled to be installed on a date mutually acceptable to City Engineer and Developer; j) The following documents have been recorded: • Final Plat • Development Agreement • Drainage and utility easements, if required by the City • The Declaration required under the BCWD Permit • Easements for public sewer and water utilities • Restrictive Covenant against Outlot C requiring that Outlot C must be owned by the owner of Lot 4, Block 2, or alternatively an association has been created by Developer for the ongoing maintenance of the Stormwater System Improvements. • Retaining Wall Easements or Maintenance Agreements, as required by the City 4) CERTIFICATES OF OCCUPANCY. Prior to issuance of any permanent certificate of occupancy (but not temporary certificates of occupancy), all the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 3 of this Exhibit D must be satisfied. b) The base course of bituminous for the streets serving the lot must be constructed by the Developer and approved by the City and determined by the City to be available for use. c) The utilities have been installed. d) As -built surveys (with respect to the public utilities) have been received by the City. e) Developer has recorded a temporary right of way easement for Outlot E, if necessary. 5) EROSION CONTROL. Developer is responsible for erosion control per the BCWD Permit throughout the Final Plat until all phases in the Final Plat are built upon in each of the lots in the Final Plat. 5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated in on Exhibit C shall include a reasonable and appropriate amount as determined by the Director of Public Works to ensure that the Developer removes any construction debris from streets adjoining the Final Plat and from private properties that adjoin the Final Plat. D-2 6) SIDEWALK SNOW REMOVAL AND TRAIL MAINTENANCE. The City shall provide snow removal and maintenance of public transportation trails along the west side of Lot 4, Block 2 and Outlots A and B that are located in the right of way. Unless provided by the County or otherwise agreed, Developer shall provide snow removal and maintenance of all sidewalks and trails located within the Development Property, including the sidewalks on the south side of CSAH 15. 7) GROUND MATERIAL. The Developer shall ensure that adequate and suitable ground material shall exist in the areas of temporary access road if built by Developer pursuant to Section 3(b)(ii), and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period. D-3 EXHIBIT E PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department of Health. 2. NPDES Permit from the MPCA. 3. The BCWD PERMIT. 4. Right of Way Permit from the City, County or State of Minnesota. 5. Grading Permit from the City. 6. Any contractor licenses from the City or the State of Minnesota. 7. Building Permits from the City. 8. Electrical Permits from the City. 9. Utility permits that may be required from the City, State of Minnesota or any utility company. E-1 EXHIBIT F DEVELOPER'S CASH REQUIREMENTS AND INDIRECT COST CASH ESCROW CASH FEE REQUIREMENTS City Fees Unit Qty Unit Cost Total Park Fee Commercial $94,218 Residential 200 $1,500 $300,000 Trail Fee Commercial $0 Residential 200 $500 $100,000 WAC Fee Commercial SAC TBD $1,000 TBD WAC Fee Residential SAC TBD $1,000 TBD AUAR Fee Acre 35 $7,584.15 $265,445 Reimbursement to City of County's cost for Developer's ROW payment for Manning Ave. S. $92,953 Total Fees TBD INDIRECT COSTS CASH ESCROW Engineering Cash Escrow Total Engineering Plan Review $40,000 Engineering Inspection $40,000 Subtotal $80,000 Total Escrow (x 125%): $100,000 BUILDER'S ESCROW REQUIREMENTS AND CASH REQUIREMENTS CASH REQUIREMENTS Building Permit Fees Per Lot Grading Review and As -Built Review $5,500 Total Cash Added to Building Permit: $5,500 F-1 CASH ESCROW Builder Per Lot Grading Escrow $1,000 Landscaping and Trees: Lot 1 Block 1 $8,380 Lot 3, Block 2 $30,970 Lot 4, Block 2 $21,480 Outlot B $4,100 Outlot C $16,800 Outlot D $950 Property As -built Survey & Corner Replacement $5,000 F-2 EXHIBIT G ASSESSMENT AGREEMENT AND TAX ABATEMENT COST ALLOCATIONS A. Assessment Agreement 1) Interchange Project $ 41,328 2) 58th Street $1,200,000 3) Trunk Utility Extension $1,422,100 Total Tax Assessment $2,795,666 B. Tax Abatement and ARPA Funds CITY 1) Interchange Project $ 41,328 2) 58th Street Project $1,200,000 3) Trunk Utility Extension $ 672,100 4) Water/Sewer to HyVee and apartments $ 360,000 5) Stormwater System Improvements $ 671,408 6) Developer's Engineering Fees $ 200,000 Total City Abatement $3,144,836 COUNTY — ARPA Funds Trunk Utility Extension Total County ARPA Funds Credit $ 750,000 $ 750,000 Total Tax Abatement and ARPA Funds $3,894,836 Tax Abatement Cost Allocations 1) Interchange Project: City costs (per 5/21/20 estimate from Washington County): Cost share of construction $41,328 2) 58th Street Project: City costs per County policy (5/21/20 estimate from Washington County): Paving and Grading estimate $200,000 Curb and Gutter estimate $150,000 Trail/Sidewalk estimate $200,000 Traffic Signal estimate $250,000 Misc. estimate $100,000 Estimated Total $1,200,000 3) Trunk Utility Extension Construction cost estimate: $2,400,000 Allocation based on the 35 acres $1,422,100 4) Water/Sewer to Hy-Vee/Stillwater Flats $360,000 5) Stormwater System Improvements $671,408 6) Developer's Engineering and Design fees $200,000 G-1 EXHIBIT H HIGHWAY MIXED USED ZONING DISTRICT REGULATIONS SECTION 1. AMENDMENT. Stillwater City Code Chapter 31-210(b) relating to Planned Unit Developments is hereby amended by: A. Adding the following subsection and renumbering each subsequent subsection: (7) Aggregate impervious coverage for a mixed -use PUD must not exceed the maximum lot coverage (impervious) standard for its underlying zoning district though individual lots may exceed the maximum. B. Replacing current subsection (11) with the following language: (12) A building setback from property which is adjacent to the PUD site and that is zoned or being used for a less intensive use must be at least equal to twice the proposed building's height, except in a Highway Mixed Use PUD, where the building setback must be no less than 50 feet. SECTION 2. AMENDMENT. Stillwater City Code Chapter 31-315 relating to allowable uses in Residential Zoning Districts is hereby replaced with the following: Sec. 31-315. - Allowable uses in residential districts. ALLOWABLE USES ZONING DISTRICTS CR TH A-P LR CTR RA TR CCR RB CTHR RCL RCM RR HMU 16 Single-family dwelling 1 P P P P P P P P P CUP P Two-family dwelling 1 P P 2 CUP Attached single-family dwelling or townhouse 3 CUP P Townhouse, row house, group house 1 P Multifamily dwelling4and condominiums CUP P Accessory dwelling (See Section 31-501) CUP P CUP P Duplex accessory unit (See Section 31-502) CUP Roominghouses 1 CUP Type I home occupation (See Section 31-500) P CUP P P SUP P P P CUP A CUP P CUP Type II home occupation (See Section 31-500) CUP CUP CUP CUP CUP CUP 1° CUP CUP CUP CUP Type III home occupation (See CUP CUP H-1 Section 31-500) Accessory building and use A A A 5 A A 6 A' A 8 A A A Public schools P CUP Elementary school CUP P CUP Public and private primary and secondary schools 9 CUP 10 CUP 940 Early childhood education CUP Parks, playgrounds and other open space areas P P P P P P P P P P Private recreation facility A A Church or other place of worship CUP 10 CUP 1° P CUP Cemeteries CUP 10 CUP 10 Hospital, nursing home or rest home CUP 10 CUP 10 Institutional building P CUP Bed & Breakfast (Type D Short Term Home Rental) CUP 1° 11 P CUP Short Term Home Rental; Type A and B P P P P P P P P P P P P P P Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Off street parking & loading A A Agricultural uses P Agricultural produce sales P P 14 Commercial greenhouse P Fish hatcheries and aviaries P Fishing lakes and picnic groves 12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P 1 Essential services P P P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP CUP Senior care living facilities CUP CUP 13 CUP CUP1° Armory CUP 10 Municipal fire station CUP 10 H-2 Small Wireless Facilities Small Wireless Facilities in the Right -of -Way P P P P P P P P P P P P P Personal Outdoor Storage P 15 P = Permitted use CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 1 Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 3 An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 5 Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a conditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). 6 Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 7 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 8 Garage is limited to two stalls wide. 9Including accessory buildings and uses located upon property contiguous to that occupied by the main building. to CUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of 5 acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers' markets or by delivery. 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 16 Multi -family residential is an allowable use within this district, but shall not be the predominate use as determined by less than 30% of usable land area designated as multi -family use. SECTION 3. AMENDMENT. Stillwater City Code Chapter 31-325 relating to allowable uses in Non-residential Zoning Districts is hereby replaced with the following: Sec. 31-325. - Allowable uses in non-residential districts. ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU Retail General retail business uses or service; local market 1 P CUP P CUP P General retail business uses or service; local and regional market P P P CUP CUP 19 P Specialty retail, incl. antique shops P P P Department store P P P P Drug store P P Interior decorating sales; P P P H-3 sale of floor covering, paint, wallpaper, materials and objects of interior decorating Appliances and furniture, sale of p P P Household goods, sale of (including china) P P P Books, magazines, newspapers, stationary; sale of P P Gifts, flowers, photographic supplies; sale of P P Tobacco products; sale of P P Hardware, sale of P P P Sporting goods; sale of P P Music store P P P Retail: Food Supermarket, retail food P CUP P P Baked goods, manufacture/retail sale of (<_ 5 persons employed) P P P Baked goods, manufacture/retail sale of (> 5 persons employed) CUP 2 P P Eating establishments Restaurants 3 P CUP CUP P CUP P Fast food outlet P P Tea rooms, deli, coffee shops, soda fountains, not including the sale of alcoholic beverages CUP P Outside eating establishments CUP P Drive-in or drive -through: restaurant, eating places or any other use involving a drive-in or drive -through activity CUP CUP CUP Services Barber or beauty shops P P P P Shoe repair shop P P Printing shop P P Photo processing CUP Tailoring or pressing P P H-4 Laundry; agencies, self- service, full service, dry cleaning. P P P P Laundry employing > 5 persons CUP 4 CUP 4 Carpet, bag and rug cleaning CUP 4 CUP 4 Banks Banks and financial institutions P Offices Office; general, business or professional p p CUP P P P P Offices; finance, insurance, editorial or real estate services P CUP P P P P Offices; administrative P P P Offices; business offices that are accessory to permitted uses on the site CUP P Office building P P Consultant services such as advertising, engineering, architects and designers CUP P Radio or television stations P CUP Offices; medical and dental p CUP P P P P P Office display or sales space 6 P Automotive Automotive sales, service and storage, excluding gasoline filling stations. (See Section 31-515 for performance standards) P Service stations or fuel sales (See Section 31-515 for performance standards) CUP CUP Gasoline filling station CUP 2 CUPz Auto repair and related services CUP P 6 Entertainment Commercial recreational uses CUP P Commercial recreational entertainment CUP P H-5 Amusement and recreational establishments' P CUP CUP 24 P Outside entertainment, commercial 8 CUP P Outdoors Outside sales or special events 8 CUP CUP CUP CUP CUP Outside storage g CUP e CUP to Commercial nurseries CUP CUP Exterior phonographs, paging systems, musical instruments, etc that may disturb the peace and quiet of the public CUP Parks P P Trails P P Park structures 11 P P Playgrounds P P Nature preserve P Athletic fields withlights 12 CUP Outside tennis courts with lights 13 CUP Outside basketball courts with lights 13 CUP Outside hockey rinks with lights 13 CUP Athletic fields without lights 13 P Outside tennis courts without lights P Outside basketball courts without lights P Outside hockey rinks without lights P Recreation center 14 CUP CUP Multiple purpose park building CUP CUP Golf course P Golf course club house CUP Dog park CUP Public boat launch CUP Other passive P H-6 Institutional Manufacturing Wholesale/storage recreational or natural open spaces Parking lot ACC Schools, business and technical P P CUP Schools and studios for arts and crafts, photography, music, dance P P Educational institutions, schools CUP P Libraries, art galleries, theaters for the performing arts, and other such cultural facilities CUP CUP CUP CUP Libraries or post office P Churches, other places of worship P Day care/nurseries CUP CUP CUP 15 Group day care P Governmental facilities CUP CUP Fire station CUP Hospitals, convalescent hospitals and nursing homes CUP Hotel or motel P C16P CUP P Manufacturing, limited 17 P Manufacture of baked goods P Manufacturing, processing, fabrication or assembling of limited commodity 18 CUP Retail sales of products manufactured on the site 19 CUP Wholesale trade P CUP CUP Warehousing and outside storage CUP Warehousing and inside storage CUP Mini -storage CUP H-7 Industrial Light industrial that is clean and compatible with surrounding properties CUP Limited bottling works 20 2 CUP CUP Printing & publishing or lithographic shop SUP CUP CUP Laboratories Laboratories CUP Chemical laboratories CUP Research establishment of industrial, medical or scientific nature CUP Research facilities or research laboratories P P Transportation/public works/etc. Transportation station or terminal P CUP P Helipads CUP Public works facility including office and meeting space PUD Essential services P P P P P P P P P P Public utility transmission lines and facilities CUP Telephone exchange P P Parking facilities CUP CUP Private parking facilities > five cars CUP Misc. Funeral home or mortuary p CUP CUP P Club or lodge P Dog Training Facility 26 CUP Residences of all classes CUP CUP CUP CUP Temporary structures CUP Short Term Home Rental; Type A and B P 25 Short Term Home Rental; Type C CUP Small Wireless Facilities in the Right -of -Way P P P P P P P P P P P Wireless Communication Services Towers and Antennae CUP CUP CUP CUP CUP CUP H-8 P = Permitted use CUP = Use permitted with a Conditional Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed. 1 Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services. 2 SUP may only be issued by the city council. 3Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; BUT, excluding drive-in establishments. 4 SUP may only be issued by the city council. 5 For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 6 Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building. 7 Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises. 8 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis. 9 All outside storage shall be screened by a solid wall or fence and landscaping for public view. 10 Must be screened. 11 Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures; but not including multiple purpose park buildings or recreation center buildings. 12 Six -acre minimum site area. 13 Three -acre minimum site area. 14 Ten -acre minimum site area. 15 Including pre-schools. 16 Hotel or motel or other uses providing visitors with overnight accommodations. 17 Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories. 18 Except junk or storage. 19 Either one or the other of the following scenarios applies. A) If the retail sales are limited to products manufactured on the premises, then up to 20 percent of a building's floor area may be used for retail purposes. B) If all of the products offered for retail sale are not produced on the premises, then a total of only 10% of a building's floor area, or 4,000 square feet, whichever is less, may be dedicated to retail sales; however, the retail sales must be of products associated with a primary service offered by the business on the premises. 20 The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system associated with the bottling line. 21 Residences of second level only. 22 Gross receipts must be at least 60% attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre-recorded songs that may only be played as background music and then only without a DJ. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:30 p.m. Friday and Saturday. The closing time in the preceding sentence means when the last call for service must occur. Happy hour specials must cease at 6:00 p.m. 23 Residences subject to RCM regulations. 24 Provided the special use permit review criteria found in § 31-207 and all of the performance standards found in § 31-515.1 are met. 25 If Type A or B Short Term Home Rental is proposed in a residence where no Special or Conditional Use Permit already exists for the property, then the property owner must obtain a Conditional Use Permit for the short term rental residence prior to the issuance of a Short Term Home Rental License. 26 Performance standards found in City Code Sec 31-515.2 apply to all Dog Training Facilities. SECTION 4. ENACTMENT. Stillwater City Code Chapter 31-326, relating to a new Zoning District to be known as HMU, Highway Mixed Use is hereby enacted as follows. The H-9 enactment adds a Highway Mixed Use zoning district along Highway 36 in areas served with interchange access in order to foster economic development. Permitted and conditional uses are identified in the Use Tables but are primarily business -related uses and multifamily residential. Division 4. — MIXED USE ZONING DISTRICTS Sec. 31-326 - HMU highway mixed -use district. Highway mixed -use (HMU) zoning district shall be regulated as follows: (a) Purposes. The purposes of the HMU district are to: (1) Align with the intent and goals of the city's Comprehensive Plan. (2) Maximize the types of uses of property along the Highway 36 corridor that are served with interchange access to foster economic development for the community and support the city's housing goals. (3) Facilitate the development and integration of diversified commercial, retail, and employment establishments with high density multi -family residential uses in areas along the Highway 36 corridor that are served with interchange access. (4) Encourage each development or redevelopment project to create a central point such as a central public space, green space, or plaza type gathering place. (b) Allowable uses. (1) See Table in Sections 33-315 and 331-325 for the allowable uses within this district. (2) Multi -family residential is an allowable use within this district but shall not exceed more than 50% of usable land area. (3) 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 Sections 33-315 and 31-325 for the HMU 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. Building height, maximum 55 feet or 5 stories, whichever is greater Lot area, minimum One-half acre Front yard setback, minimum 1 40 feet Side yard setback, minimum 1 20 feet Rear yard setback, minimum 30 feet Setback from abutting residential, minimum 50 feet H-10 Lot area coverage (impervious), maximum 'Front and side setbacks shall be landscaped. 80% H-11 EXHIBIT I FORM OF CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater (the "Grantor"), by a Development Agreement recorded in the office of the County Recorder in Washington County, Minnesota, as Document No. , against the following described land in County of Washington and State of Minnesota, to -wit: (to be completed prior to execution) and [Described by Lot and Block] (the "Property"). WHEREAS, the Development Agreement contained certain covenants and restrictions regarding completion of a Development Project as it relates to the Property; and WHEREAS, with respect to the Property, said Grantee has performed said covenants and conditions in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification. NOW, THEREFORE, this is to certify that all construction of the Development Project specified to be done and made by the Grantee with respect to the Property has been completed and the covenants and conditions in the Development Agreement with respect to the Property have been performed by the Grantee therein, and the County Recorder in Washington County, Minnesota, are hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Development Project on the Property. Dated: CITY OF STILLWATER By Its Mayor By Its City Clerk I-1 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , before me a Notary Public within and for said County, personally appeared and to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public I-2 EXHIBIT J FINAL PLAT AND PUD RESOLUTIONS RESOLUTION 2020-104 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLAT FOR CENTRAL COMMONS ADDITION CASE NO. 2020-40 WHEREAS, Mark Lambert, Chief Manager of Summit Management, LLC, made application for approval of the final plat known as CENTRAL COMMONS ADDITION; and WHEREAS, on April 22, 2020 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat and plans; and WHEREAS, on August 5, 2020 the City Council held a public hearing on the preliminary plat plans and found them to be compatible with the neighborhood and consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure; and WHEREAS, on October 28, 2020 the Stillwater Planning Commission held a public hearing on the final pat and plans and recommended approval; and WHEREAS, on November 17, 2020 the Stillwater City Council reviewed the final plat and plans and found them to be consistent with the conditions of approval for the preliminary plat and plans. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the final plat of CENTRAL COMMONS ADDITION. Adopted by the Stillwater City Council this 17th day of November, 2020. ATTEST: Beth Wolf, Ci lerk CITY OF ST Ted Kozlowski, * ayor J- 1 RESOLUTION 2020-105 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT FOR PHASE ONE OF CENTRAL COMMONS ADDITION CASE NO. 2020-52 WHEREAS, Mark Lambert, Chief Manager of Summit Management, LLC, made application for approval of the final Planned Unit Development (PUD) for Phase One of Central Commons Addition; and WHEREAS, on April 22, 2020 the Stillwater Planning Commission held a public hearing and recommended approval of the Concept PUD; and WHEREAS, on August 5, 2020 the City Council held a public hearing on the Concept PUD and found it to be compatible with the neighborhood and consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure; and WHEREAS, on October 28, 2020 the Stillwater Planning Commission held a public hearing on the Final PUD for Phase One and recommended approval; and WHEREAS, on November 17, 2020 the Stillwater City Council reviewed the Final PUD of Phase One and found it to be consistent with the conditions of approval for the Concept PUD. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Final PUD for Phase One of Central Commons Addition with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preferred Preliminary Plat Plan Sheet PPO2 date 7/13/20 ■ Civil Site Plan Plan Sheet C300 date 11/6/20 • Temporary Road Plans Plan Sheet C301 date 11/6/20 • Grading Plan Plan Sheet C400 date 11/6/20 • Wetland Fill/Buffer Plan Plan SheetC401 date 11/6/20 • Phase 1 Erosion Control Plan Plan SheetC402 date 11/6/20 • Storm Sewer Plan Plan Sheet CS00 date 11/6/20 + San Sewer & Watermain Plan Plan Sheet C501 date 11/6/20 • Alt. Sanitary Sewer & Water Plan Plan Sheet C501A date 11/6/20 • Public Easement Plan Plan Sheet C502 date 11/6/20 • Stormwater Basin Section Details Plan Sheet C600 date 11/6/20 • Photometric Plan Plan Sheet C700 date 11/6/20 • Post Construction Groundcover Plan Sheet L100 date 11/6/20 • Overall Landscape Plan Plan Sheet L101 date 11/6/20 J-2 • Landscape Notes & Details • Apartment elevation by Doran • C-Store exterior elevations • Food store exterior elevations • Apartment floor plans Plan Sheet L102 Plan Sheet A6.0 Plan Sheets A6.0 & A6.01 date 11/6/20 date 2/27/20 date 4/15/20 2. The Final POD for Phase 1 will not become effective, nor may the Final Plat be released from City offices for recording with Washington County, until the Metropolitan Council approves the requisite Comprehensive Plan Amendment. 3. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction, prior to commencement of any earth work. 4. A Development Agreement found satisfactory to the City Council, City Attorney and City Engineer must be fully executed prior to release of the Final Plat. 5. The City will extend trunk utilities from their current terminus in Curve Crest Boulevard to the project site. Payment for these trunk extensions will be shared by all benefiting properties, including Central Commons. Central Common's share may be reduced, waived or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 6. Retaining walls for the County Road project may be required to accommodate the proposed size of parking lots in Central Commons. Therefore, if the County charges these retaining wall costs back to the City, their cost may have to be passed through to the developer. Central Common's share may be reduced, waived or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 7. Any utility easements found necessary by the City Engineer must be executed and filed together with the final plat for each phase of development. Prior to release of the plats from City Hall for recording, fully executed copies of the easements must be submitted to the City. 8. Development impact fees, including park and trail fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development, unless waived or paid through a tax abatement and/or assessment agreement, as determined by the City Council prior to release of the Final Plat. 9. All required permits from MnDOT must be issued, and copies submitted to the City, prior to commencing any earth work. In addition, the final plat for Central Commons Addition must be consistent with the right-of-way platting for the planned Hwy 36 interchange. 10. All required permits from Washington County must be issued, and copies submitted to the City, prior to commencing any road work. 11. Mechanical plans must be submitted and found satisfactory by the Community Development Director prior to issuance of any building permits in the project. 2 J-3 12. The Conditional Use Permits shall not become effective until the Final Plat and Final PUD plans are approved by City Council for Phase 1. 13. All signs must be designed and installed in compliance with the revised staff recommendations included in the attached table entitled "Revised Central Commons Signage Review - October 26, 2020". 14. If Washington County does not build the segment of 50th Street traversing the project prior to issuance of Certificates of Occupancy For any of the proposed buildings, then the developer will be obligated to build a temporary road for access purposes. 15. Prior to release of the Final Plat From City offices for recording at Washington County, the Stillwater City Engineer must approve the design for the intersection of Linden Avenue with Manning Avenue. Adopted by the Stillwater City Council this 17th day of November, 2020. ATTEST: Beth Wolf, Ci lerk 3 CITY OF STI _ER Ted Koz owski, Mayor J-4 TAX ABATEMENT AGREEMENT BY AND BETWEEN CITY OF STILLWATER, MINNESOTA AND CENTRAL COMMONS, LLC This instrument drafted by: Taft Stettinius & Hollister LLP (MLI) 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402 (612) 977-8400 13420370v5 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 2 Section 1.1 Definitions 2 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Section 2.2 4 Representations, Warranties and Covenants of the City 4 Representations, Warranties and Covenants of the Owner 4 ARTICLE III UNDERTAKINGS BY OWNER AND CITY Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Limitations ARTICLE IV Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 6 Reimbursement of Eligible Expenses; Legal and Administrative Expenses 6 Limitations on Undertaking of the City 6 Business Subsidies Act 6 Damage and Destruction 7 Transfer of Project and Assignment of Agreement 7 Action to Reduce Taxes 7 Duration of the Tax Abatement Program 7 7 EVENTS OF DEFAULT 9 Events of Default Defined 9 Remedies on Default 9 No Remedy Exclusive 10 No Implied Waiver 10 Agreement to Pay Attorney's Fees and Expenses 10 Release and Indemnification Covenants 10 ARTICLE V ADDITIONAL PROVISIONS 12 Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Conflicts of Interest 12 Titles of Articles and Sections 12 Notices and Demands 12 Counterparts 12 Law Governing 13 Term 13 Provisions Surviving Rescission or Expiration 13 EXHIBIT A PARCEL IDENTIFICATION NUMBERS A-1 -i- 13420370v5 TAX ABATEMENT THIS AGREEMENT, made as of the 18th day of October, 2022, by and between the City of Stillwater, Minnesota (the "City"), a municipal corporation and political subdivision of the State of Minnesota, and Central Commons, LLC, a Minnesota limited liability company (the "Owner"), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended, the City has established a Tax Abatement Program; and WHEREAS, the City believes that the construction of a certain Project (as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the City, will result in enhancement of the tax base is in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 1161995, apply to this Agreement; and WHEREAS, the City has adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after a public hearing for which notice was published; and WHEREAS, the City Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 13420370v5 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Benefit Date means the date the Project is completed; City means the City of Stillwater, Minnesota; City Agreements means the Development Agreement for the Plat of Central Commons, Addition by and between the City of Stillwater and Central Commons, LLC and the City of Stillwater's Assessment Agreement for Central Commons, LLC; County means Washington County, Minnesota; Event of Default means any of the events described in Section 4.1; Legal and Administrative Expenses means the fees or expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Abatement Program; Owner means Central Commons, LLC, a Minnesota limited liability company, its successors and assigns; Project means the development of property as a mixed use Planned Unit Development (PUD) project over several phases to be located on the Tax Abatement Property; Eligible Expenses means the special assessments levied on the Tax Abatement Property, the water, sanitary sewer, and storm sewer improvements installed by the Owner and related engineering costs paid by the Owner; State means the State of Minnesota; Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815, as amended; Tax Abatement Program means the actions by the City pursuant to Minnesota Statutes, Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project; Tax Abatement Property means the real property described by parcel identification numbers in Exhibit A attached to this Agreement; 2 13420370v5 Tax Abatements means 100% of the City's share of real estate taxes derived from the Tax Abatement Property less $66,600 annually, abated in accordance with the Tax Abatement Program and this Agreement in an aggregate amount of $3,144,836; Term means the period in which this Agreement shall remain in effect, commencing on the date of this Agreement and continuing until the earlier of (i) the date the Owner receives the Tax Abatements, or (ii) December 31, 2043, unless earlier terminated or rescinded in accordance with the terms contained herein; Unavoidable Delays means delays, outside the control of the party claiming its occurrence, including strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, pandemics, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations, Warranties and Covenants of the City. The City makes the following representations, warranties and covenants: (1) The City is a municipal corporation and a political subdivision of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Abatement Program was created, adopted and approved in accordance with the terms of the Tax Abatement Act. (3) To finance the costs of the Eligible Expenses the City proposes, subject to the further provisions of this Agreement, to apply the Tax Abatements to reimburse the Owner for a portion of the costs of the Eligible Expenses as further provided in this Agreement. (4) The City has made the findings required by the Tax Abatement Act for the Tax Abatement Program. Section 2.2 Representations, Warranties and Covenants of the Owner. The Owner makes the following representations, warranties and covenants: (1) The Owner has the power to enter into this Agreement and to perform its obligations hereunder and is not in violation of its organizational documents, member control agreement or any local, state or federal laws. (2) The Owner is a Minnesota limited liability company duly organized, existing and in good standing under the laws of the State and has the power to enter into this Agreement and to perform its obligations hereunder and carry out the covenants contained herein. 3 13420370v5 (3) The Owner will cause the portion of the Project to be constructed by the Owner in accordance with the terms of this Agreement and all City, County, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations), including the Americans With Disabilities Act. (4) The Owner will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the portion of the Project to be constructed by the Owner may be lawfully constructed. (5) The construction of the portion of the Project to be constructed by the Owner would not be undertaken by the Owner, and the Eligible Expenses installed by the Owner would not be undertaken by the Owner and in the opinion of the Owner would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Owner provided for in this Agreement. (6) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Owner is now a party or by which it is bound, or constitutes a default under any of the foregoing. (7) The Owner will cooperate fully with the City with respect to any litigation commenced with respect to the portions of the Project owned by the Developer. (8) The Owner will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the portions of the Project owned by the Developer. (9) The construction of the Project shall commence no later than December 31, 2024 and barring Unavoidable Delays, will be substantially completed by December 31, 2032. (10) This Agreement will not be recorded until after the Central Commons plat is recorded. ARTICLE III UNDERTAKINGS BY OWNER AND CITY Section 3.1 Reimbursement of Eligible Expenses; Legal and Administrative Expenses. (1) The Owner shall provide the City invoices relating or other evidence of the cost of the Eligible Expenses in an amount not less than $3,144,836 (the "Reimbursement Amount"). The City shall reimburse the Owner for the Reimbursement Amount pursuant to the Tax Abatement Program as provided in Section 3.7. 4 13420370v5 (2) The Owner shall reimburse the City for its actual out of pocket Legal and Administrative Expenses. Section 3.2 Limitations on Undertaking of the City. Notwithstanding the provisions of Section 3.1, the City shall have no obligation to the Owner, under this Agreement, to reimburse the Owner for the Eligible Expenses, if the City, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. Notwithstanding any other provisions of the Agreement, the City shall have no obligation to the Owner under this Agreement to reimburse the Owner for the Eligible Expenses in an amount greater than $3,144,836. Section 3.3 Business Subsidies Act. (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 1161995 (the "Business Subsidies Act"), the Owner acknowledges and agrees that the amount of the "Business Subsidy" granted to the Owner under this Agreement is $3,144,836 and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Owner to undertake without the Business Subsidy. (2) The creation of jobs has been determined not to be a goal of the City for the Project pursuant to Minnesota Statutes, Sections 1161993 to 1161995 and the City has held a public hearing and set the wage and job goals at zero. (3) The Owner shall provide the City with information about the Project as requested by the City so that the City can satisfy the reporting requirements of Minnesota Statutes, Section 116J.994, Subd. 8. (4) The Owner agrees to continue its operations of developing and selling the Central Commons project within the City for at least five (5) years after the Benefit Date, which is the date the construction of the Project is complete. (5) As of the date of this Agreement, in addition to the City, the County may be providing financial assistance for the Project. (6) There is no parent corporation of the Owner. (7) The Owner certifies that it does not appear on the Minnesota Department of Employment and Economic Development's list of recipients that have failed to meet the terms of a business subsidy agreement. Section 3.4 Damage and Destruction. In the event of damage or destruction of the portions of the Project owned by the Owner that (i) the Owner chooses not to repair or rebuild, or (ii) the Owner does not commence and diligently pursue such repair or rebuilding within three hundred and sixty (360) days after such event of damage or destruction, the City may, with written notice to the Owner, terminate this Agreement and discontinue such Tax Abatement Program for the Project as of the date of such event of damage or destruction. Section 3.5 Transfer of Project and Assignment of Agreement. 5 13420370v5 (1) The Owner represents and agrees that prior to the expiration or earlier termination of this Agreement the Owner shall not assign this Agreement, without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. The City shall be entitled to require as conditions to any such approval that: (a) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Owner. (b) Any proposed transferee, by instrument in writing satisfactory to the City shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Owner under this Agreement and agreed to be subject to all the conditions and restrictions to which the Owner is subject. (2) Upon notice by the Owner of a sale of any lot(s) constituting a portion of the Tax Abatement Property, the obligations of the Owner under this Agreement and the right to receive Tax Abatements from such lot(s) may be assigned to the buyer of such lot(s) subject to the provisions of (1) above. Section 3.6 Action to Reduce Taxes. In the event the Owner or subsequent owners of the Tax Abatement Property seek market value reductions of the Tax Abatement Property, the City may reduce the payment of Tax Abatements under this Agreement by the amount that the City determines in its sole and absolute discretion that may be subject to repayment to the County if any reductions in the market values of the Tax Abatement Property are granted. When the amount of any payments to the County are determined, the City shall pay the Developer the amount of the Tax Abatements that were withheld by the City remaining after the payments to the County. Section 3.7 Duration of the Tax Abatement Program. The Tax Abatement Program shall exist for a period of up to fifteen (15) years beginning with real estate taxes payable in 2027 through 2041. On or before February 1 and August 1 of each year commencing August 1, 2027 until the earlier of the date that the Owner shall have received the Reimbursement Amount or February 1, 2042 the City shall pay the Owner the amount of the Tax Abatements received by the City in the previous six month period. The City may terminate the Tax Abatement Program and this Agreement at an earlier date if an Event of Default occurs and is not cured as provided herein and the City rescinds or cancels this Agreement as more fully set forth in Article IV herein. Section 3.8 Limitations. The pledge of Tax Abatements is subject to all the terms and conditions of the resolution approving the abatement approved by the City Council of the City on June 15, 2021. The City makes no warranties or representations as to the amount of the Tax Abatements. Any estimates of Tax Abatements amounts prepared by the City's or the City's financial consultants are for the benefit of the City only, and the Owner is not entitled to rely on such estimates. The Owner further acknowledges that the total property tax abatements payable by the City in any year may not exceed the greater of $200,000 or ten percent of the City's levy for that year (such limit referred to as the "Abatement Volume Cap"), all pursuant to Section 469.1813, subdivision 8 of the Abatement Act. The City does not warrant or represent that the Tax 6 13420370v5 Abatements in the amounts pledged under this Agreement will be within the City's Abatement Volume Cap. ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Owner to timely pay any ad valorem real property taxes, special assessments, utility charges or other governmental impositions with respect to the portions of the Project owned by the Owner. (2) Failure by the Owner to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (3) If the Owner is in default under the City Agreements. (4) The holder of any mortgage on the portions of the Tax Abatement Property owned by the Owner or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (5) The Owner shall (a) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (b) make an assignment for the benefit of its creditors; or (c) admit in writing its inability to pay its debts generally as they become due; or (d) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Owner, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Owner, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Owner, and shall not be discharged within sixty (60) days after such appointment, or if the Owner, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of sixty (60) days' written notice to the Owner citing with specificity the item or items of default and notifying the Owner that it has sixty (60) days within 7 13420370v5 which to cure said Event of Default (or commence and diligently pursue such Event of Default if Owner is unable to cure within such sixty (60) day period and Owner is diligently pursuing and can demonstrate progress toward curing the default). If the Owner is unable to cure or commence a cure for the Event of Default within said sixty (60) days as required above: (a) The City may suspend its performance under this Agreement until it receives assurances from the Owner, deemed adequate by the City, that the Owner will cure its default and continue its performance under this Agreement. (b) The City may cancel and rescind the Agreement. (c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Owner under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Owner herein contained, the Owner agrees that they shall, on demand therefor, pay to the City the fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Release and Indemnification Covenants. (1) The Owner releases from and covenants and agrees that the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Owner agrees to protect and defend the City and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of 8 13420370v5 the Owner under this Agreement, or the transactions contemplated hereby or the acquisition, construction, ownership, maintenance and operation of the Project. (3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Owner or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person. (4) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. ARTICLE V ADDITIONAL PROVISIONS Section 5.1 Conflicts of Interest. No member of the governing body or other official of the City shall participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Owner or successor or on any obligations under the terms of this Agreement. Section 5.2 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.3 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Owner is addressed to or delivered personally to: Central Commons, LLC 6770 Stillwater Blvd N, Suite 110 Stillwater, MN 55082 ATTN: Mark Lambert (2) in the case of the City is addressed to or delivered personally to the City at: City of Stillwater 216 4th St N Stillwater, MN 55082 ATTN: Joe Kohlmann, City Administrator 9 13420370v5 (3) with a copy addressed to or delivered personally to: Mary L. Ippel Taft Stettinius & Hollister LLP 2200 IDS Center 80 South 8th Street Minneapolis, MN 55402 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 5.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 5.5 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Section 5.6 Term. This Agreement shall remain in effect commencing on the Effective Date until the earlier of (i) the date the Owner receives the Reimbursement Amount, or (ii) February 1, 2042, unless earlier terminated or rescinded in accordance with its terms. Section 5.7 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. 10 13420370v5 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf, and the Owner has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. CENTRAL COMMONS, LLC, a Minnesota limited liability company By Summit Management, LLC Its Sole Member By Mark Lambert Its Chief Manager This is a signature page to the Tax Abatement by and between City of Stillwater, Minnesota and Central Commons, LLC. S-1 13420370v5 CITY OF STILLWATER, MINNESOTA By Ted Kozlowski Its Mayor By Beth Wolf Its City Clerk This is a signature page to the Tax Abatement by and between City of Stillwater, Minnesota and Central Commons, LLC. S-2 13420370v5 EXHIBIT A LEGAL DESCRIPTIONS Lot 1, Block 1, Central Commons Addition Lots 1-4, Block 2, Central Commons Addition A-1 13420370v5 CITY OF STILLWATER ASSESSMENT AGREEMENT FOR CENTRAL COMMONS, LLC THIS ASSESSMENT AGREEMENT ("Agreement") is entered into and effective as of the 18th day of October, 2022 ("Agreement Date"), by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and Central Commons, LLC, a Minnesota limited liability company ("Owner"). WITNESSETH: WHEREAS, the Owner is the fee simple owner of property legally described on the attached Exhibit A, located in Stillwater, Washington County, Minnesota (the "Property"); and WHEREAS, in order to help facilitate current and future development on the Property, the City and Owner have identified the need to pay for or construct certain public improvements on the Property or benefiting the Property, as detailed in Section 2.01(k) (the "Public Improvements"); and WHEREAS, the Owner is willing to waive its assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City's efforts to facilitate the collection of funding for the Public Improvements; WHEREAS, the Owner is willing to construct or pay for certain of the Public Improvements at Owner's cost initially, subject to reimbursement through a Tax Abatement Agreement. 1 NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Public Improvements, including the waiver of the assessment up to the Assessment Waiver Amount which constitutes an estimated benefit of the Public Improvements pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term or repayment of the Assessment Waiver Amount. Section 1.03 Survival. Notwithstanding the termination of this Agreement pursuant to Section 1.02, the Owner's Covenants and Agreements contained in Section 3.01 and the City's Covenants and Agreements contained in Section 3.02 shall survive the termination of this Agreement for a period of 15 years. ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. Their meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property, Assessment Waiver Amount and the Public Improvements including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. (c) Anderson Parcel: That certain 22 acre Stillwater Township parcel of real estate located adjacent and immediately east of the Property (PID # 06.029.20.21.0001), which may be annexed into the City at some point in the future. (d) Assessment Interest Rate: The Assessment Waiver Amount shall accrue interest at a rate of 1.5% if City funds are used to pay for the Public Improvements and 1.5% over the municipal bond rate if borrowed funds are used to pay for the Public Improvements. (e) Assessment Term: The Project Assessment Waiver Amount shall be levied so that the term of the special assessment shall begin on January 1, 2025, until the earlier of the following: 2 1) the Assessment Waiver Amount is paid in full; 2) January 1, 2039 (a period of 15 years); or 3) the expiration or termination of the Tax Abatement Agreement. (0 City: The City of Stillwater, a Minnesota municipal corporation. (g) Development Agreement: That certain Development Agreement for the Plat of Central Commons Addition dated October 18, 2022 between City and Owner. (h) Owner: Central Commons, LLC, a Minnesota limited liability company. (i) Project Assessment Waiver Amount: (i) The Project Assessment Waiver Amount is the final sum of the amount determined for the Public Improvements for each of the three projects below. It is estimated that the cost to the Owner for each project within the Public Improvements is as follows: a. The Trunk Utility Extension Project $1,422,100 b. The Interchange Project $ 41,328 c. The 58th Street Project $1,200,000 The estimated total cost of each is the Project Assessment Waiver Amount. (ii) Initial Project Assessment Waiver Amount will be allocated entirely to the Property. (iii) Upon filing of the Central Commons plat, a subsequent amendment to this Assessment Agreement would allow the Project Assessment Waiver Amount to be allocated among the parcels which will make up the Property as follows: i. Lot 1, Block 1: 8.0% (82,683 of 1,036,204 sq ft) ii. Lot 1, Block 2: 2.7% (27,819 of 1,036,204 sq ft) iii. Lot 2, Block 2: 3.6% (36,898 of 1,036,204 sq ft) iv. Lot 3, Block 2: 37.2% (385,011 of 1,036,204 sq ft) v. Lot 4, Block 2: 21.6% (224,320 of 1,036,204 sq ft) vi. Outlot A: 13.7% (142,330 of 1,036,204 sq ft) vii. Outlot B: 13.2% (137,143 of 1,036,204 sq ft) viii. Anderson Parcel: See Section 3.02(b) below; or in such other amounts and percentages as the parties shall mutually agree and designate. (j) Property: The real property identified and described on Exhibit A. (k) Public Improvements: The "Public Improvements" consist of the following projects (as defined in the Development Agreement): 3 i. The Trunk Utility Extension Project; ii. The Interchange Project; and iii. The 58th Street Project. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: The Owner hereby authorizes the City to certify to the Washington County Auditor/Property Tax Assessor a special assessment against the Property up to the Project Assessment Waiver Amount for each of the three Public Improvements, unless the Owner requests an increase in the Assessment Waiver Amount or unless approved by separate written agreement between the parties. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Project Assessment Waiver Amount. The Owner hereby waives any and all procedural and substantive objections to the special assessment up to the Project Assessment Waiver Amount against the Property, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Waiver Amount against the Property exceeds the benefit to the Property for the Public Improvements. The Owner acknowledges and agrees that the benefit of each of the Public Improvements to the Property does in fact equal or exceed the respective Project Assessment Waiver Amount. The Owner also acknowledges and agrees that the Property receives a special benefit equal to or exceeding the Project Assessment Waiver Amount. Furthermore, the Owner acknowledges and agrees that the Public Improvement costs may not be equally spread against all benefited property and that the estimated cost of each project within the Public Improvements in Section 2.01(f)(i) may fluctuate, but the Owner agrees that the total benefit of the projects defined in the Public Improvements does in fact equal or exceed the respective Project Assessment Waiver Amount. The City and the Owner acknowledge and agree that the Owner's waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Project Assessment Waiver Amount by operation of Minn. Stat. § 462.3531. The City and the Owner acknowledge and agree that the City may assess costs above the respective Project Assessment Waiver Amount but that Owner may appeal any special assessment that is 10% above the Project Assessment Waiver Amount for that project. (b) Owner's Covenant Not to Sue the City: Owner hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied assessment, or for other relief from the payment of the City's levy of a special assessment up to the Project Assessment Waiver Amount against the Property. 4 (c) Assessment: Owner hereby authorizes the City to levy one or more special assessments against the Property for each individual Project Assessment Waiver Amount for the Public Improvements. (d) Owner's Covenant that Owner is the Property Fee Owner: Owner hereby covenants and warrants with the City that, as of the Agreement Date, Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. (e) When Payment is Due: Owner agrees to pay the Project Assessment Waiver amount in installments with the payment of property taxes. (f) Other Agreements: Owner agrees to comply with all terms and conditions of the Development Agreement between the City of Stillwater and Central Commons, LLC dated October 18, 2022 and the Tax Abatement Agreement between the City of Stillwater and Central Commons, LLC dated October 18, 2022. Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) Project Assessment Waiver Amount: The City agrees that it will certify/levy the Project Assessment Waiver Amount against the Property for the Public Improvements pursuant to this Agreement. (b) Reimbursement of Anderson Parcel Share: If the Anderson Parcel is annexed into the City pursuant to Section 3.4 of the Development Agreement, the Trunk Utility Extension Project cost shall be assessed to the Anderson Parcel based on the contributing developable area. Contemporaneous with the assessment to the Anderson Parcel, the Owner shall be refunded the same amount and at the Owner's discretion, such credit may be allotted to Owner either (i) as a one-time cash payment, or (ii) as a reduction in the Assessment Waiver Amount due for the remainder of the Assessment Term. (c) City Recording of this Agreement: The City will record this Agreement against the Property. (d) Prepayment of Assessment: The City agrees the Owner may prepay some or all of the Project Assessment Waiver Amount against the Property for the Public Improvements with no penalty pursuant to Minn. Stat. § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party(s) may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure 5 period, the other party(s) may pursue all remedies and sanctions available at law and in equity, including specific performance. ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: If to the Owner: City of Stillwater Attention: City Administrator 216 4th Street North Stillwater, MN 55082 Email: jkohlmann@ci.stillwater.mn.us Central Commons, LLC Attn: Mark Lambert 6770 Stillwater Blvd., Suite 110 Stillwater, MN 55082 Email: mlambert@summitre.net Section 5.02 Non -Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6 Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. [remainder of page intentionally left blank] 7 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by their duly authorized representatives. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ) ss. On this day of , 2022, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Stillwater, the municipality named in the foregoing instrument, and that the said instrument was signed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 8 OWNER: CENTRAL COMMONS, LLC By: Summit Management, LLC Its: Sole Member By: Mark Lambert Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2022, before me a Notary Public within and for said County, personally appeared Mark Lambert, to me personally known, who being by me duly sworn, did say that he is the Chief Manager of Summit Management, LLC, a Minnesota limited liability company, the Sole Member of Central Commons, LLC, a Minnesota limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity by authority of its Sole Member and said Mark Lambert acknowledged said instrument to be the free act and deed of the entity. This instrument drafted by and after recording, return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, Minnesota 55121 Notary Public 9 EXHIBIT A Legal Description of Property Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: All that part of the Northwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 West, that lies Southerly and Westerly of the Southerly right-of-way line of Minnesota Trunk Highway No. 36 according to the Final Certificate recorded as Document Number 242072 in Book of Deeds 275, page 497 on file in the office of the County Recorder, Washington County, Minnesota; Together with all that part of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29, Range 20 that lies Northerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter, thence North 0 degrees 25 minutes 42 seconds West, assumed bearing, along the West line of said Southwest Quarter of the Northwest Quarter, for a distance of 969.67 feet to the point of beginning of the line to be described; thence South 86 degrees 36 minutes 18 seconds East for a distance of 1120.70 feet more or less to the East line of said Southwest Quarter of the Northwest Quarter and said line there terminating, EXCEPTING THEREFROM all that portion of said Southwest Quarter of the Northwest Quarter lying West of the Town Road (also known as Manning Avenue North) as it now traverses said Section 6 and shown on the plat of St. Croix's Sanctuary, according to the recorded plat thereof on file in the office of the County Recorder, Washington County, Minnesota. Abstract Property PID: 06.029.20.22.0012 A-1 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: October 13, 2022 TO: Honorable Mayor and City Councilmembers FROM: Sharon Provos, Finance Director Vanessa Norby, Assistant Finance Director SUBJECT: Credit/Purchasing Card Policy & Procedures BACKGROUND Cities have the authority to make purchases using credit/purchasing cards issued to the City. The attached policy is intended to ensure appropriate internal controls are established within each department utilizing credit or purchasing card accounts and to establish a process for Finance to ensure timely payment. ACTION REQUESTED Council should pass a motion to adopt the attached policy. CITY OF STILLWATER CREDIT/PURCHASING CARD POLICY & PROCEDURES Approved: 10/18/2022 PURPOSE This policy and procedures are intended to ensure appropriate internal controls are established within each department utilizing credit or purchasing card (card) accounts and to establish a process for Finance to ensure timely payment. CARDHOLDERS It shall be at the discretion of the Finance Director to monitor and authorize how many cards issued per department, and who shall be cardholders. CARD USES Tax-exempt Accounts with vendors should be set up for purchases whenever possible. Cards should be used for necessary expenses authorized by the Department Head in cases when the City doesn't already have an account set up with the vendor. Uses include but are not limited to: 1. Training & Travel expenses when advanced online payment is necessary 2. Supplies not available through vendor account or emergency situations. 3. Food for group events unable to be purchased through Cub Grocery. 4. Emergency situations or other City related expenses that are not listed above Prohibited expenses include but are not limited to: 1. Alcoholic Beverages 2. Personal Purchases 3. Cash Advances 4. Purchases not related to City business CARD LIMITS The Finance Director will set and approve each cardholder's credit limit. The Finance Director must consider the City's total credit card limit and adjust limits when necessary. It is the responsibility of the Cardholder to ensure their monthly purchases do not exceed their credit limit. PROCEDURE FOR OBTAINING A CARD 1. The Department Head must submit a written or email request to the Finance Director for the employee. 2. The Finance Director will review the current cards and credit limit on the City's account, assess the needs of the Department requesting the new Card and approve or deny the request. 3. The Finance Director will set the new card holder's credit limit and arrange for the card to be ordered from the bank. 4. The Credit/Purchasing Card Policy and Procedures document and Cardholder Agreement form (Attachment A) will be issued by the Finance Department to the cardholder to review and sign. The Credit/Purchase Cardholder Agreement must be signed by the card holder and returned to the Finance Director before the new card will be issued. 5. The Finance Department will store and maintain the Cardholder Agreements. TERMINATION OF A CARD Upon an employee's resignation or termination of employment with the City, any card issued to the employee must be turned in immediately to his or her Supervisor, along with any current receipts being held for the monthly statement. The Supervisor should promptly return it to the Finance Director to inactivate and shred. REPORTING OF LOST OR STOLEN CARDS It is the responsibility of the Cardholder to notify their Supervisor and the Finance Director immediately upon discovery of a lost or stolen card, as well as any suspicious statement activity that is not recognized by the Cardholder. PAYMENT PROCEDURES 1. The Department Head or the Cardholder's Supervisor must authorize all credit card purchases up front to ensure the charge falls within one of the authorized uses. Purchases over $1,000 must also be authorized by the City Administrator. 2. All attempts should be made to ensure purchases do not include sales tax. A Tax Exempt Certificate can be obtained by contacting the Finance Department. The Cardholder and/or their Supervisor may be held personally responsible for payment of sales tax if the sales tax was deemed avoidable. 3. Upon using the card, the Cardholder or their Supervisor completes a Credit Card Voucher form including an attached receipt of the purchase. The receipt must detail what was purchased. 4. The Cardholder and their Supervisor (if they are not the Department Head) must sign the voucher form (Attachment B). 5. Completed Credit Card Voucher forms with attached receipt should be turned in immediately to the Finance Department or designee. 6. Upon receipt of the Credit Card Statements, the Finance Department shall match all received receipts to the statements and verify; a. Proper approval signatures b. General Ledger code c. Detailed receipts 7. Within 5 business days of receiving statements and matched to receipts, they will be distributed to each Cardholder. Missing or incomplete receipts will be marked. Upon receipt of the credit card statement, Cardholders should; a. Review their statement thoroughly for accuracy b. Sign statement next to the total due. c. Any items marked as missing or incomplete must be completed or obtained from the vendor immediately. If unable to obtain a receipt, those items will be the personal responsibility of the Cardholder. d. Statements must be returned to the Finance Department or designee within 5 days of the distributed date. This will allow time for the Finance Department to process the payments and get them committed in line with the payment due date. Cardholders with a planned absence during the return timeframe should arrange to view their card activity with the Finance Department prior to their scheduled absence. e. Late fees occurring due to the Finance Department not receiving statements, receipts and vouchers from the Cardholder on time, will be charged back to that department. CARD BALANCES It is the responsibility of the Cardholder to monitor the balance on their card, and their available credit. To obtain the current balance and available credit, contact the phone number on the back of the card. Cards will be paid in full once per month by the Finance Department, but purchases will be declined if an attempt is made that is over the available credit on that card. CARD REWARDS Any rewards or points earned on cards are to be used and decided on by the Finance Director. Rewards can be used to reduce card purchases, or to benefit all employees through wellness activities, incentives or employee celebrations. ATTACHMENT A CARDHOLDER AGREEMENT Requirements for use of a Credit or Purchase Card issued by the City of Stillwater, MN: 1. The card is to be used only to make purchases at the request of, and for the legitimate business benefit of the City of Stillwater 2. The card must be used in accordance with the provisions of the Credit & Purchasing Card Policy and Procedures established by the City of Stillwater as attached hereto. Violations of these requirements, including failure to return statements, detailed receipts and vouchers within the specified time may result in revocation of use privileges. Employees found to have inappropriately used the credit card will be required to reimburse the City of Stillwater for all costs associated with such improper use through direct payment or payroll deduction. Disciplinary action(s) may be taken, up to termination of employment. The City of Stillwater will investigate and commence, in appropriate cases, criminal prosecution against any employee found to have misused the credit card or who violates the provisions of the cardholder agreement. I acknowledge receipt of the attached Credit/Purchasing Card Policy and Procedures and agree to abide by sale Policy and Procedures. Cardholder Signature Cardholder Name (Please Print) Date Internal Use only: Card Account Number: Expiration Date Monthly Card Limit: $ One copy of this signed document should be given to the Cardholder and the original should be kept in the Finance Department. ATTACHMENT B CITY CREDIT/PURCHASING CARD TRANSACTION DATE: INVOICE, RECEIPT, OR ORDER NUMBER: CHARGE AMOUNT: VENDOR NAME: CARDHOLDER NAME (must also sign): DEPARTMENT: PERSON REQUESTING CARD: DEPARTMENT HEAD AUTHORIZATION: ACCOUNT TO BE EXPENSED: DESCRIPTION OF PURCHASE: Note: Please return this form with the detailed charge receipt to the Finance Department or designee. If you have any questions, please contact Sarah in Finance at 430-8816. iliwater THE B I R TH P i AC E OF MINNESOTA DATE: October 12, 2022 TO: Honorable Mayor and City Councilmembers FROM: Rose Holman, IS Manager SUBJECT: Cybersecurity Contract BACKGROUND The IT Department has meet with several vendors regarding partnering with a Cybersecurity company to help us manage our risk. I have sent you the information separately on the vendor that we have chosen, Arctic Wolf. I would like to get this approved by October 26th because we are receiving a discounted price with this timeline, however, if you need more detail than provided I would suggest we go into an executive session to discuss. RECOMMENDATION I recommend Council approve a one-year contract to start implementation on October 26th to be completed by December 12th. Once approved, I will get the contract from Arctic Wolf and have the City Attorney review it. If you have any questions please feel free to contact me or my team. ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion awarding the contract to Artic Wolf and authorize the Mayor and City Clerk to sign contract as approved by the City Attorney. iliwater THE BIRTHPACE OF MINNESOTA DATE: October 11, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Gambling Premise Permit for Stillwater Area Hockey Asssociation BACKGROUND The City has received a Lawful Gambling Premises Permit Application from Stillwater Area Hockey Asssociation to conduct gambling at the River Siren Brewing Company located at 225 Main Street North in Stillwater. The activity requested is paper pull tabs, paper pull tabs with dispensing device, bingo, paddlewheel„ electronic pull tabs, and electronic linked bingo. The premise lease will be effective November 1, 2022. RECOMMENDATION Stillwater Area Hockey Asssociation has submitted the required documentation demonstrating that the organization is collecting gambling monies for lawful purposes. Therefore, staff recommends approving Stillwater Area Hockey Asssociation to conduct gambling at River Siren Brewing Company. ACTION REQUESTED If council concurs with recommendation, they should pass a motion adopting RESOLUTION APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR STILLWATER AREA HOCKEY ASSSOCIATION. City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR STILLWATER STILLWATER AREA HOCKEY ASSSOCIATION AT RIVER SIREN BREWING COMPANY WHEREAS, the Stillwater Area Hockey Asssociation has submitted an application to the City of Stillwater requesting City approval of a Minnesota Lawful Gambling Premise Permit at River Siren Brewing Company located at 225 Main Street North, Stillwater, Minnesota; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves a Minnesota lawful gambling premise permit for Stillwater Area Hockey Asssociation. Adopted by the Stillwater City Council this 18th day of October 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Public Works Director SUBJECT: Main Street Stairs Sanitary Sewer Lining Agreement BACKGROUND The City received three proposals for work pertaining to line 200 feet of sanitary sewer main along the Main Street Stairs, north of Broadway St S. A liner needs to be installed because of cracked and broken sewer pipe. The low bid was from Visu-Sewer for $29,925.00. Money for this project will come out of the Sanitary Sewer Capital Outlay. RECOMMENDATION Staff recommends approving the Agreement with Visu-Sewer to perform the work. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING THE AGREEMENT WITH VISU-SEWER FOR WORK ON THE MAIN STREET SANITARY SEWER LINING The Birthplace of Minnesota AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 18th day of October, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Visu-Sewer, 3155 104th Lane NE, Blaine MN 55449 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Main St. Stairs Sanitary Sewer Lining NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 8/12/22, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 1 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Todd Stelmacher to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Robert Benson If to Contractor: Visu-Sewer, Inc. 3155 104th Lane NE Blaine, MN 55449 Attention: Todd Stelmacher Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: tstelmacher@visu-sewer.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor STATE OF MINNESOTA COUNTY OF WASHINGTON By: Beth Wolf, City Clerk ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by Ted Kozlowski, Mayor and Beth Wolf, City Clerk for the City of Stillwater. Notary Public Commission Expires: / / Commissioned At: 4 CONTRACTOR STATE OF MINNESOTA COUNTY OF COMPANY NAME By: By (Please Print): Title (Please Print): ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: / / Commissioned At: Project Description: Main St. Stairs Sanitary Sewer Lining VSLsu-Sewer InspViect. Maintain. Rehabilitate. Proposal To: Robert Benson From: Todd Stelmacher City of Stillwater Visu-Sewer, Inc 3325 Boutwell Ave 3155 104th Lane NE Stillwater, MN 55082 Blaine, MN 55449 651-430-8740 763-252-0004 Date: 8/12/2022 Project: Sanitary Sewer CIPP Installation Visu-Sewer is pleased to provide the following quotation for CIPP installation at the Main St Stairs: Install 197 linear feet of 18" National Liner Lump Sum $ 29,925.00 The above listed prices are based on a current video inspection and assumes the current pipe condition is suitable for CIPP installation. Pricing includes: Labor, material, and equipment Mobilization and residential traffic control Light cleaning and televising of sewers prior to installation of liner Bypassing of existing flow Installation of National Liner per manufacturer's instructions, ASTM 1216 Reinstatement of active service connections Hydrophilic end seals for all manhole connections Televising of sewers after installation of liner NOTE: Due to volatility in material pricing and availability this proposal is valid for 30 days from the date of origination. If a signed proposal has not been received within 30 days, price(s) may be adjusted upon mutual agreement, or the proposal may be withdrawn by either party. The City of Stillwater will need to provide the following: drivable access to manhole 1311 and foot access to the other manholes, water from nearby hydrants (without charge), a dump site for captured debris, and traffic control beyond cones and signs. If needed, removal of protruding taps, grouting of active leaks, and heavy cleaning will be quoted separately. If it is determined that current pipe conditions are not suitable for CIPP installation, pricing may be adjusted to reflect the modified scope. Mobilization and/ or time on site will be billed at a T&M rate of $375.00 per hour for pipe sections not suitable for CIPP installation. Thank you for the opportunity to quote on this project. Please do not hesitate to call if you have any questions. All material guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to standard practices or specifications submitted. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. If a collapse of the original pipe results during the lining process, Visu-Sewer will not be held liable for costs associated with excavation, repairs or restoration. Our workers are fully covered by Workmen's Compensation Insurance. This proposal may be withdrawn if not accepted within 30 days of issue. Terms - Net 30 days. Acceptance of Proposal The above prices / conditions are satisfactory and are hereby accepted. Visu-Sewer is authorized to do the work as specified. Date: Signature: www.visu-sewer.com WISCONSIN - ILLINOIS - MINNESOTA - IOWA - MISSOURI - VIRGINIA - OHIO iliwater THE BIRTHPACE OF MINNESOTA DATE: October 14, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Appointment to Parks and Recreation Commission The Parks and Recreation Commission currently has two openings due to the leaving of David Brandt and Tom Weidner. Staff published for the openings and received applications. Interviews were conducted and recommendation is to appoint Kristi Larson and Megan Lehmann to fill the openings. Both will be partial terms. Kristi's term will expire May 1, 2023 and Megan's term will expire May 1, 2024. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion to approve the appointments of Kristi Larson and Megan Lehmann to the Parks and Recreation Commission, with a partial terms ending May 1, 2023 and 2024 respectively. DATE: October 18, 2022 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Approval to Purchase Lift Station Pumps BACKGROUND In the past few years, the Rutherford Lift Station has experienced an increase of the clogging of the pumps within the lift station. Staff is proposing to replace the existing pumps with chopper pumps that would grind solid material coming into the lift station. This would reduce the risk of clogging, and extraordinary maintenance on the pumps and the station. Electric Pump submitted a quote of $86,790 to remove the existing pumps and install two FLYGT chopper pumps for the lift station. $75,000 was budgeted in the 2022 Sanitary Sewer Capital Outlay Budget for this project, based on the estimate we received in 2021. There are some funds remaining in other purchases in the Sewer capital outlay items to cover the difference in costs. RECOMMENDATION It is recommended that Council approve the purchase of pumps for the Rutherford Lift Station from Electric Pump in the amount of $86,790.00. ACTION REQUIRED If council Agrees with the recommendation they should pass motion to approve the purchase of pumps with Electric Pump. The Birthplace of Minnesota AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 18th day of October, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Electric Pump, 201 4th Ave SW, New Prague, MN 56071 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Rutherford Lift Station Pump Retrofit NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 7/13/22, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 1 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY'S REPRESENTATIVE. The City has designated Robert Benson to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Anthony Theisen to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Robert Benson If to Contractor: Electric Pump 201 4th Ave SW New Prague, MN 56071 Attention: Anthony Theisen Or e-mailed: rbenson@ci.stillwater.mn.us Or emailed: anthonyt@electricpump.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor STATE OF MINNESOTA COUNTY OF WASHINGTON By: Beth Wolf, City Clerk ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by Ted Kozlowski, Mayor and Beth Wolf, City Clerk for the City of Stillwater. Notary Public Commission Expires: / / Commissioned At: 4 CONTRACTOR STATE OF MINNESOTA COUNTY OF COMPANY NAME By: By (Please Print): Title (Please Print): ) ) ss. ) The foregoing instrument was acknowledged before me this of , 2022 by , its for Notary Public Commission Expires: / / Commissioned At: Project Description: Rutherford Lift Station Pump Retrofit QUOTATION Page: 1 ELECTRIC PUMP QUOTED TO: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 CONFIRM TO: ROBERT BENSON 651-430-8740 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com OUOTE NUMBER: OUOTE DATE: EXPIRE DATE: SALESPERSON: CUSTOMER NO: OUOTED BY: JOB LOCATION: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 0185468 7/13/2022 8/15/2022 ANTHONY THEISEN 4308800 MKH RUTHERFORD DRY PIT RETRO CUSTOMER P.O. SHIP VIA BEST WAY F.O.B. TERMS NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT RE: BUDGETARY PROPOSAL FOR RUTHERFORD DRY PIT RETROFIT --FLYGT FT3153 TO REPLACE F-M DRY PIT --DESIGN CONDITION: 600 GPM @ 54' TDH --REUSE CHECK VALVES ON DISCHARGE SIDE --NEW KNIFE GATES ON SUCTION AND DISCHARGE ELECTRIC PUMP OFFERS: *FT3153.350 FLYGT MODEL 3153.350 DRY PIT PUMPS 4" WITH FT464 HARD IRON HRC 60 IMPELLER AND CHOPPER INSERT RING, 15HP/460V/3PH 50' POWER CABLE, FLS FV 0000008136800 KIT, STAND WITH 6" INLET ELBOW 6" ANSI *BASE FABRICATED STEEL BASE PLATE 1400000407129 MINI-CASII/FUS OT/MOISTURE SENSOR, TO BE INSTALLED IN EXISTING CONTROL PANEL *SUCTION SIDE (1) LOT OF SUCTION SIDE FITTINGS, INCLUDES (2) 8" KNIFE GATE VALVES, (2) ECCENTRIC EXPANSION JOINTS, GASKETS AND SS HARDWARE. *DISCHARGE SIDE /FR *MISC (1) LOT OF DISCHARGE SIDE FITTINGS, INCLUDES (2) 10" KNIFE GATE VALVES, (2) SPACE SAVER FLANGES, (2) 45 DEG ELBOW, ADJUSTABLE PIPE SUPPORTS, GASKETS, AND SS HARDWARE FREIGHT INCLUDED MISC INSTALL MATERIALS, WEDGE ANCHORS, ALL THREAD, ETC 2.00 EACH 2.00 EACH 2.00 EACH 2.00 EACH 1.00 EACH 1.00 EACH 1.00 EACH 1.00 EACH 86,790.00 *** Continued *** QUOTATION Page: 2 ELECTRIC PUMP QUOTED TO: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 CONFIRM TO: ROBERT BENSON 651-430-8740 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com OUOTE NUMBER: OUOTE DATE: EXPIRE DATE: SALESPERSON: CUSTOMER NO: OUOTED BY: JOB LOCATION: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 0185468 7/13/2022 8/15/2022 ANTHONY THEISEN 4308800 MKH RUTHERFORD DRY PIT RETRO CUSTOMER P.O. SHIP VIA BEST WAY F.O.B. TERMS NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT *FIELD SVC --ELECTRIC PUMP SERVICE TECHS TO REMOVE EXISTING PUMPS AND FITTINGS, INSTALL NEW FLYGT CHOPPER PUMPS, BASES, VALVES AND FITTINGS AND RECONNECT TO THE EXISTING INLET AND DISCHARGE OUT OF THE STATION. --ELECTRIC PUMP CONTROLS TECH TO INSTALL MINI CAS RELAYS IN THE CONTROL PANEL. --INCLUDES ALL TRIP AND TRAVEL AND CONFINED SPACE ENTRY PERMIT. /START99 START UP SERVICE FOR WARRANTY CERTIFICATION 1.00 EACH 1.00 HOUR NOTE: CITY IS RESPONSIBLE FOR CLEANING THE WET WELL, PROVIDING A VAC TRUCK, AND BYPASS PUMPING WHILE WORK IS BEING PERFORMED. --ELECTRIC PUMP IS RESPONSIBLE FOR PLUGGING THE UPSTREAM MANHOLE (INLET PIPE IS 12") AND WILL DISPOSE OF OLD PUMPS AND PIPING. TOTAL FOR MATERIALS & INSTALL, FREIGHT INCLUDED: $86,790.00 THANK YOU FOR YOUR CONSIDERATION. SINCERELY--MYRA HOFFMAN 952-758-6600 CC: ANTHONY THEISEN 612-710-9321 CC: STEVEN FORSYTHE 612-840-9499 QUOTATION Page: 3 ELECTRIC PUMP QUOTED TO: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 CONFIRM TO: ROBERT BENSON 651-430-8740 201 4th Ave SW New Prague, MN 56071 USA Telephone: (952)758-6600 / FAX (952)758-7778 Toll Free 1-800-536-5394 www.electricpump.com OUOTE NUMBER: OUOTE DATE: EXPIRE DATE: SALESPERSON: CUSTOMER NO: OUOTED BY: JOB LOCATION: CITY OF STILLWATER 216 4TH ST N STILLWATER, MN 55082 0185468 7/13/2022 8/15/2022 ANTHONY THEISEN 4308800 MKH RUTHERFORD DRY PIT RETRO CUSTOMER P.O. SHIP VIA BEST WAY F.O.B. TERMS NET 30 DAYS ITEM NUMBER QUANTITY UNIT AMOUNT All return goods must have written approval from Electric Pump, Inc. before returning. Credit will not be issued without written approval and if applicable there will be a Restock Fee. Please note that we are no longer offering a thirty(30) day validity date. Due to the current volatility in the materials market, pricing and ship dates are subject to confirmation at time of order. Net Order: Less Discount: Freight: Sales Tax: Order Total: 86,790.00 0.00 0.00 0.00 86,790.00 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: October 11, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Railroad Lease BACKGROUND In December of 2000, the City of Stillwater assumed the Railroad's interest in a lease with St Croix Boat and Packet. As part of the lease, St. Croix Boat & Packet pays for the use of the railroad right of way. Each year, staff recommends an increase in the lease amount based on the consumer price index. In 2022, the lease was $10,228.66. The consumer price index for 2023 is 8.3°/0 therefore the lease with St. Croix Boat & Packet for 2023 would be $11,077.64. ACTION REQUESTED If Council concurs with staff's recommendation, council should adopt a resolution approving the 2023 railroad lease increase charged to St. Croix Boat and Packet in the amount of $11,077.64. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVE INCREASE TO RAILROAD LEASE PAYMENT WHEREAS, the City of Stillwater assumed the Railroad's interest in a lease with St. Croix Boat and Packet in December 2000, and WHEREAS, as a part of the lease, St. Croix Boat & Packet pays for the use of the railroad right of way; and WHEREAS, the 2022 lease payment was $10,228.66; and WHEREAS, staff recommends a 8.3% increase for 2023 for a total of $11,077.64. THEREFORE BE IT RESOLVED that the City Council of Stillwater, MN hereby approves the increase for use of the railroad right-of-way as described in the Railroad Lease between the City of Stillwater and St. Croix Boat & Packet for a total amount of $11,077.64 in 2023. Adopted by the Stillwater City Council this 18th day of October, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk illwat!r THE BIRTHPLACE OF MINNESOTA DATE: October 4, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Survey Agreement for the 2023 Street Improvement Project (2023-02) BACKGROUND At their regular meeting on August 16th, 2022 the City of Stillwater Council members ordered the Engineering staff to prepare a feasibility study for the 2023 Street Improvement Project. Feasibility study includes survey of the streets proposed for reconstruction in order to better determine the costs to rebuild the streets. Staff invited four consultant firms to submit their bids to conduct the survey and prepare a digital file of the survey. Only one consultant (SEH) submitted their bid in time, the bid is for $18,500. Funding for the survey will come from the 2023 Street Improvement Project (Project No. 2023-02) budget. RECOMMENDATION Staff recommends approving the Agreement for surveying the streets for the 2023 Street Improvement Project (2023-02). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH SEH FOR SURVEYING THE STREETS FOR THE 2023 STREET IMPROVEMENT PROJECT (2023-02). illwater _________„___,, The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 4th day of October, 2022, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2023 Street Improvement Project Survey. WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 9/21/2022, incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 1 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Shawn Sanders, to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Greg Anderson, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are 2 caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. An Umbrella or Excess Liability insurance policy may be used to supplement the Consultant's policy limits to satisfy the full policy limits required by the Contract. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Shawn Sanders Or e-mailed: ssanders@ci.stillwater mn us If to Consultant: Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive St. Paul, MN 55110 Attention: Greg Anderson Or e-mailed: ganderson@sehinc.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: 4 CONSULTANT Gregory F. Anderson By: Its: Date: 10/11/2022 Project Description: 2023 Street Improvement Project Survey 5 SEH Building a Better World for All of Us* September 21, 2022 Mr. Reabar Abdullah Assistant City Engineer City of Stillwater 216 4th St. N. Stillwater, MN 55082 Dear Mr. Abdullah: RE: City of Stillwater, Minnesota 2023 Street Reconstruction Project SEH No. STILL 169595 14.00 SEH appreciates the opportunity to submit this proposal for providing survey services related to the City's 2023 Street Reconstruction Project. This letter serves as our understanding of the project scope and schedule. Our scope of work includes a completion of a topographic survey per the City of Stillwater survey work requirements (attached). PROJECT BACKGROUND The City's 2023 Street Reconstruction Project includes work on portions of Orleans Court, Linson Circle, Orleans, Willard, Owens, Martha, Lake, Everett, Abbott, Anderson and Harriet Streets as shown on the attached map. SEH proposes to complete the topographic survey needed to complete the design of the project per the survey requirements provided by the City. We proposed to complete the survey work and provide the City the survey data before November 4, 2022. COMPENSATION Compensation for the services will be made on an hourly basis plus cost of reimbursable expanses. Total compensation is estimated at $18,500. This includes all expanses such as vehicles, equipment and mileage. Also included in this estimate is a 10% contingency to cover any minor additional survey needs the city deems necessary while our survey crew is working on the project. REMARKS You agree to furnish us with full information as to your requirements, including any special or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing information and data that we will need to perform our services. We would be happy to furnish such Additional Services as you may request or as required during the project. If this proposal is acceptable to the City, we will provide a professional services agreement for execution. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 1800.325.2055 1888.908.8166 fax I sehinc.com SEH is 100% employee -owned I Affirmative Action —Equal Opportunity Employer Mr. Reabar Abdullah September 21, 2022 Page 2 SEH appreciates the opportunity to serve the City of Stillwater. We look forward to working with the City to complete this upcoming project. Please contact me directly at 612.720.5883 or ganderson@sehinc.com should you have questions or requests for additional information. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Greg Anderson Client Service Manager (Lic. MN) ah Attachment c: Theo Brown, SEH x:\pt\s\still\common\169595\2023 st proposal.docx APPROVED THIS DAY OF , 2022 CITY OF STILLWATER, MN By: Title: 9/16/22, 9:35 AM Google Maps Google Maps 2023 street improvement project { Papa Kenn Media9 Minnesota Marriage Ministries- Licensed. _ .16waod1e wr Diabetes Care 9 9Magical Mi �Chiidcare & Leaming center Oakridge Community Church 9 Pine 51 w W Wtlard St Lily Lake Elementary School Orleans Homes &TheCottages� nunity Thread9 tix Valley ri in Center 0 Our Savior's Lutheran o Church (ELCA} Olive 51 W 49 m � N GI. 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Inc Moxy Coaching9 Hancock tt W 3 N 51 9 Churchill St E Lasting Touch Therapeutic Massage Extraordinary 9 Journeys Center Hancock St Burlington 51 E Marsh St W Marsh 5t E Dads Day Care9 N aN Stillwater Christian Fellowship Simonet Funeral Horne 9 Fairview Cemetery Oak Park Building9 Ranttechiyoftware9 777 Solutions �� ", �Irchwood Townhomes 64th St N 15 p ti Orleans St E rn D i Dubuque 5[ E Max T ''MarineSery n v N Burlington 5t E Old Athletic Field StLanis St Salem Lutheran Church P m m to N Orleans 51 E Newlin Constructions 64th St N c Minnesota Water Squad 9Minnes Map data ©2022 Google 500 ft https://www.google.com/maps/@45.046516,-92.8180754,16z 1/1 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: October 11, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: U.S. Bench Corporation License Renewal BACKGROUND U.S. Bench Corporation supplies benches along public bus routes. The company is affiliated with any bus company. The fronts and backs of the benches are rented to individuals for the purpose of advertising their product or business. The City is paid $750 a year from U. S. Bench Corporation for 15 benches; in turn they contract the advertisements on the benches. ACTION REQUESTED Motion to approve a 2023 bench license for U.S. Bench Corporation. Locations for License Renewal Stillwater NW Stillwater Blvd @ Cralxwaod Blvd: Stillwater 5W Curve Crest Blvd @ Greeley St Stillwater 5E Market Dr @ Orleans St Stillwater NE Stillwater Blvd @ Curve Crest Bivd Stillwater NE1Market Dr Curve Crest Blvd `Stillwater E side Market Dr @ Curve Crest Blvd - 1 blk N ,Stillwater NE' Owens St 5 @ Myrtle St W 1Stillwater E side -Washington Ave C Frontage Rd -100 ft N Stillwater W side' Washington Ave @ Frontage Rd -100 ft. N Stillwater NEOIlveSt W @ Pine Tree Trail Stillwater SE Orleans St @ Stillwater Blvd ,Stillwater SE Curve Crest Blvd @ Orleans St Stiliwater SE Osgood Ave N @ 65th St N -Stillwater NE -Stillwater Blvd @ Orleans St 'Stillwater NW,Osgood Ave N @ 62nd St N iliwater THE BIRTHPLACE OF MINNESOTA DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Ordering Improvement and Plans & Specifications for CSAH 5 Street Improvement Phase 2 (2019-09) DISCUSSION The public hearing for the CSAH 5 Street Improvement Project Phase 2 is scheduled for Tuesday October 15 at 7:00 pm. This project, which is being led by Washington County would improve County Road 5 (Olive and Owens Streets) from Pine Tree Trail to Sycamore, in 2023. Work would consist of a mill and overlay, the entire length and new curbs and sidewalks on Owens Street from Olive to Sycamore Street. Attached are copies of the feasibility report and the public hearing notice that was sent to the affected property owners. RECOMMENDATION It is recommended that Council hold the required public hearing. If desired, Council should pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. It should be noted that the resolution to order the improvement requires a 4/5tns majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2022- ORDERING IMPROVEMENTS AND PLANS & SPECIFICATIONS FOR THE CSAH 5 STREET IMPROVEMENT PHASE 2 PROJECT (2019-09). City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE CSAH 5 STREET IMPROVEMENT PROJECT PHASE 2 (PROJECT 2019-09) WHEREAS, a resolution of the City Council adopted on September 20, 2022 fixed a date for a council hearing on the proposed CSAH 5 5 Street Improvement Project Phase 2; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 18th day of October 2022, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 18th day of October 2022. 3. The City Engineer is directed to work with Washington County in the preparation of the plans and specifications for the making of such improvement. Adopted by the City Council this 18th day of October 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk iliwater THE 9 IRTHPLACE OF MINNESOTA DATE: September 20, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Feasibility Report CSAH Street Improvement -Phase 2 (Project 2019-09) BACKGROUND Washington County has had in its road program, street and pedestrian safety improvements for County Road 5 through the City to be undertaken over a period of years. In 2018, phase 1 began with street and pedestrian improvements between Croixwood Boulevard and Pine Tree Trail. Phase 2 was planned for 2020 construction season, and includes work on County Road 5 between Pine Tree Trail and Sycamore Street. The project was postponed due to high bid prices at the time of bidding in 2020. Phase 3 is a couple years out and includes work from Sycamore Street north to TH 96. PROPOSED PROJECT For the Phase 2 project, the County is proposing an improvement that consists of a mill and overlay between Pine Tree Trail and Sycamore Street, replacing curb and gutter and existing sidewalks from Olive Street to Sycamore and installing new sidewalk on the west side of Owens Street from Wilkins to Sycamore. Street widths would be narrowed from 44' to 42' between Olive and McKusick Road and 44' to 38 feet from McKusick to Sycamore Street. New sidewalk widths would range from 5 ft. -7 ft. ADA pedestrian ramps would be installed at all street intersections. Storm sewer would be moved in areas where the street widths are narrowed and sanitary sewer castings would be replaced. PROJECT COSTS The overall project cost is estimated to be $4,040,856 and primarily funded by the County, such as mill and overlay, storm sewer and sidewalks but according to their cost participation policy, some items are the city's responsibility. The City is responsible for 50% of the new sidewalk, 50% of new curb and gutter, 100% of the sanitary manhole replacements and a prorated share on erosion control, striping and mobilization items. The estimated construction cost to the City is $344,604. Total cost to the City which includes engineering, inspection and administration is $485,923. PROJECT FINANCING Financing for the project would come from three sources; assessments, Municipal State Aid Funds and the Stillwater Water Department. It is proposed that those costs associated with the curb and sidewalk improvement be assessed to the affected property owners on Owens Street from Olive to Sycamore Street. This amounts to $269,186.4. It is proposed the 108 residential property owners along this corridor be assessed 70% of the cost or $183,290.05. Residential properties would be charged a unit rate of $1580.66, corner lots would be charged $790.33. The apartment buildings would be charged 0.8 per apartment, Commercial properties and institutional properties, including City land would be charged a frontage rate of $20.48 per foot. The Water Department would be charged costs associated to relocate gate valves and hydrants within the project or $57,500. All other costs, including the City's share of the assessment s would be $245,132.95 and covered by Municipal State Aid. PROPOSE SCHEDULE Feasibility Study Public Hearing Approve Plans Award Bid Construction Assessment Hearing RECOMMENDATION September 20, 2022 October 18, 2022 November 2022 January 2023 Summer 2023 Fall 2023 Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report study for CSAH 5 Street Improvement -Phase 2 and order a public hearing to be held on October 18th 2022 at 7:00 p.m. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2022- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON CSAH 5 STREET IMPROVEMENT -PHASE 2 (Project 2019-09). 2 • 32.7e. '3S T 3 .3s: 177 .22. '2: '=3 • Y: S- S- C ac Y.,:; .3 .-= _ as f. _ -- - 2 7 4 _ a: RE f x3 2 2 _ vm..i -_e -- = S-3.. Property Type Residential Conn rnercial High Density Residential Institutional FL =LA- 2 52 = E' ▪ 3 T{ { - - 3 = 11S =72 '2- '27 :22 ti _ =27 rc . _ 3 7 s- � 3.t S7 - •::: 7' M2 3'2 332 S2 72- v — ' t Q• - _ ;!{ _ r T sx777 3 = _ p � U2 52. _'{ v e.:2 C R 2: 3 s M. u2 = 3-{ 323 S7 �' _ . _' 2 'µme S:' 5:..... 5` 222 3._ .. -22 3:2 -2s c 2- _ -C: -7: _ 7 {'_ _ { ,{ _ -.2 _ S- _ - 3;.3 s3 _ 2 - t -7.••G2 -__ • . w. w_ - 9C3 i t ti 7 5 3 = 222 _ :C3 2]E = _ .=- 7I= '.27 =7 "' L. a3 a{ 223 : a{ - a3 ae ai3 i- 23: 23= - _ _ 2' 2 E. =.:2' 2 - 2' L - r • 2'3 - 2.3 = . 2'.! _ - 3' 3 - 3' 3 2.- 7' 3 .. 2' - -- 2....,.1 =- .4 # • 7'2 S_3 -2 = 2:-. A _ E.2 _ . A2 '�1L -�{. SR:Y '77 - ,'Z.-- .... .2{ '2• '22 '33 '3{ - .2-.'3= -7.- - '37 _ : - '3' 22 _ - - - - Y � _ {• � _ — " - ':e ':4 :. ' = 2 E-" "2! _ .12 ._, - '2- - - •7e '2! '72 '3-• S zcr - j ••7 '22s 2:3 2S4 Feet 0 290 .580 2'2 CSAH 5 Improvement Phase 2 Project 2019-9 Feasability Study Proposed Assessment Area 2 X: 299 p 2' { = _ _ _ _ 7. { S g t t 1 7:- 72 2 '2x '•'2 - ` - - - - xti 4 - 3'= 3.7 2'2 2" = 5.3 ='{ 7:- 2 _ 4 - 2' - 324 S r i 7 - QS Q3 9'4 2$2 5-.2 F 42 3 73 _2 '_{ 7 2' NOTICE OF PUBLIC HEARING FOR 2019 CSAH 5 PHASE 2 2019-09 September 23, 2022 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in person and via Zoom at 7:00 p.m. or as soon as possible thereafter, on Tuesday October 18, 2022, to consider street and utility improvements. Public may participate in the public hearing in person at City Hall, 216 4th St. N, Stillwater, MN or by logging into www.zoomgov.com/join or calling 1-646-828-7666 and entering meeting id number: 161 843 8759. The area proposed to be assessed for such improvement is properties abutting; CSAH 5 (Owens Street) from Olive to Sycamore. The estimated cost of the improvements is $4,040,856.00. A reasonable estimate of the impact of the assessment will be available during the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Beth Wolf City Clerk Published in the Stillwater Gazette on September 23 and 30, 2022. Geocode Street 2019-09 CSAH 5 IMPROVEMENT PROJECT PHASE TWO PRELIMINARY ASSESSMENT ROLL City Front Water Sewer Assessment Proposed Unit Footage Service Service Rate Assessment Property Address 21.030.20.33.0017 1114 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1114 OWENS ST N 21.030.20.33.0018 PO BOX 35 SCANDIA MN 55073 2.0 $1,580.66 $3,161.32 1106 OWENS ST N 21.030.20.33.0019 1104 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1104 OWENS ST N 21.030.20.33.0020 1120 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 1120 OWENS ST N 21.030.20.33.0025 1212 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 1212 OWENS ST N 21.030.20.33.0027 1216 OWNES ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1216 OWENS ST N 21.030.20.33.0028 13639 127TH ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1218 OWENS ST N 21.030.20.33.0034 801 SYCAMORE ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 801 SYCAMORE ST W 21.030.20.33.0036 1119 OWENS ST N STILLWATER MN 55082 261 $20.48 $5,345.28 1119 OWENS ST N 21.030.20.33.0037 PO BOX 231400 ENCINITAS CA 92023 50 $20.48 $1,024.00 1101 OWENS ST N 21.030.20.33.0038 PO BOX 231400 ENCINITAS CA 92023 50 $20.48 $1,024.00 21.030.20.33.0042 1161 WAYZATA BLVD # 312 WAYZATA MN 55391 14.4 $1,580.66 $22,761.50 1203 OWENS ST N 21.030.20.33.0043 1315 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1315 OWENS ST N 21.030.20.33.0048 1309 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 1309 OWENS ST N 21.030.20.33.0111 1313 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1313 OWENS ST N 28.030.20.22.0019 216 4TH ST N PO BOX 242 STILLWATER MN 55082 76 $20.48 $1,556.48 28.030.20.22.0020 1007 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1007 OWENS ST N 28.030.20.22.0021 1001 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1001 OWENS ST N 28.030.20.22.0022 927 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 927 OWENS ST N 28.030.20.22.0024 917 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 917 OWENS ST N 28.030.20.22.0025 911 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 911 OWENS ST N 28.030.20.22.0026 905 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 905 OWENS ST N 28.030.20.22.0027 1875 GREELEY ST S STILLWATER MN 55082 172 $20.48 $3,522.56 900 OWENS ST N 28.030.20.22.0028 918 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 918 OWENS ST N 28.030.20.22.0030 820 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 820 OWENS ST N 28.030.20.22.0031 804 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 804 OWENS ST N 28.030.20.22.0033 814 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 814 OWENS ST N 28.030.20.22.0034 724 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 724 OWENS ST N 28.030.20.22.0035 4555 NEAL AVE N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 716 OWENS ST N 28.030.20.22.0037 930 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 930 OWENS ST N 28.030.20.22.0041 823 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 823 OWENS ST N 28.030.20.22.0042 720 GREELEY ST S STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 813 OWENS ST N 28.030.20.22.0044 724 HICKORY ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 724 HICKORY ST W 28.030.20.22.0078 715 HICKORY ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 715 HICKORY ST W 28.030.20.22.0080 722 W MAPLE ST STILLWATER MN 55082 0.5 $1,580.66 $790.33 722 MAPLE ST W 28.030.20.22.0092 704 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 704 OWENS ST N 28.030.20.22.0101 706 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 706 OWENS ST N 28.030.20.22.0102 1020 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 1020 OWENS ST N 28.030.20.22.0103 2651 OAK RIDGE TRL. STILLWATER MN 55082 1.0 4000 4000 $1,580.66 $9,580.66 28.030.20.23.0003 216 4TH ST N PO BOX 242 STILLWATER MN 55082 17 $20.48 $348.16 28.030.20.23.0004 515 OWENS ST N STILLWATER MN 55082 40 $20.48 $819.20 515 OWENS ST N 28.030.20.23.0006 517 OWENS ST N STILLWATER MN 55082 31 $20.48 $634.88 517 OWENS ST N 28.030.20.23.0007 216 N 4TH ST STILLWATER MN 55082 66 $20.48 $1,351.68 523 OWENS ST N 28.030.20.23.0021 719 MAPLE ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 719 MAPLE ST W 28.030.20.23.0022 716 LAUREL ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 716 LAUREL ST W 28.030.20.23.0034 618 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 618 OWENS ST N 28.030.20.23.0049 804 W LAUREL ST STILLWATER MN 55082 111 $20.48 $2,273.28 804 LAUREL ST W 28.030.20.23.0072 11205 ST CROIX TRL N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 403 OWENS ST N 28.030.20.23.0073 409 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 409 OWENS ST N 28.030.20.23.0074 415 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 415 OWENS ST N 28.030.20.23.0075 14926 PAUL AVE N MARINE ON ST CROIX MN 55047 2.0 $1,580.66 $3,161.32 423 OWENS ST N 28.030.20.23.0076 505 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 505 OWENS ST N 28.030.20.23.0077 509 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 509 OWENS ST N 28.030.20.23.0078 11205 ST CROIX TRL N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 513 OWENS ST N 28.030.20.23.0079 518 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 518 OWENS ST N 28.030.20.23.0080 504 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 504 OWENS ST N 28.030.20.23.0081 500 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 500 OWENS ST N 28.030.20.23.0082 424 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 424 OWENS ST N 28.030.20.23.0083 419 3RD ST N STILLWATER MN 55082 2.0 $1,580.66 $3,161.32 420 OWENS ST N 28.030.20.23.0084 416 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 416 OWENS ST N 28.030.20.23.0085 1150 W POINT RD SPOONER WI 54801 1.0 $1,580.66 $1,580.66 412 OWENS ST N 28.030.20.23.0086 408 OWENS ST N STILLWATER MN 55082 2.0 $1,580.66 $3,161.32 408 OWENS ST N 28.030.20.23.0087 404 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 404 OWENS ST N 28.030.20.23.0112 312 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 312 OWENS ST N 28.030.20.23.0113 310 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 310 OWENS ST N 28.030.20.23.0114 302 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 302 OWENS ST N 28.030.20.23.0124 301 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 301 OWENS ST N 28.030.20.23.0125 305 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 305 OWENS ST N 28.030.20.23.0126 311 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 311 OWENS ST N 28.030.20.23.0127 315 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 315 OWENS ST N 28.030.20.23.0128 317 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 317 OWENS ST N 28.030.20.23.0137 216 4TH ST N PO BOX 242 STILLWATER MN 55082 153 $20.48 $3,133.44 28.030.20.32.0020 235 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 235 OWENS ST N 28.030.20.32.0024 225 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 225 OWENS ST N 28.030.20.32.0027 221 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 221 OWENS ST N 28.030.20.32.0029 215 OWENS ST N STILLWATER MN 55082 2.0 $1,580.66 $3,161.32 215 OWENS ST N 28.030.20.32.0034 236 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 236 OWENS ST N 28.030.20.32.0036 230 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 230 OWENS ST N 28.030.20.32.0043 214 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 214 OWENS ST N 28.030.20.32.0045 210 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 210 OWENS ST N 28.030.20.32.0046 206 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 206 OWENS ST N 28.030.20.32.0047 204 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 204 OWENS ST N 28.030.20.32.0076 126 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 126 OWENS ST N 28.030.20.32.0078 120 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 120 OWENS ST N 28.030.20.32.0080 116 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 116 OWENS ST N 28.030.20.32.0082 112 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 112 OWENS ST N 28.030.20.32.0083 PO BOX 245 WILLERNIE MN 55090 2.0 $1,580.66 $3,161.32 106 OWENS ST N 28.030.20.32.0086 4535 OSGOOD AVE N STILLWATER MN 55082 0.5 $1,580.66 $790.33 104 OWENS ST N 28.030.20.32.0087 125 OWENS ST N STILLWATER MN 55082 0.5 $1,580.66 $790.33 125 OWENS ST N 28.030.20.32.0089 121 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 121 OWENS ST N 28.030.20.32.0091 119 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 119 OWENS ST N 28.030.20.32.0094 115 OWENS ST N STILLWATER MN 55082 2.0 $1,580.66 $3,161.32 115 OWENS ST N 28.030.20.32.0096 107 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 107 OWENS ST N 28.030.20.32.0097 334 COUNTY RD E HOULTON WI 54082 1.0 58 $20.48 $2,768.50 101 OWENS ST N 28.030.20.32.0113 919 MYRTLE ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 919 MYRTLE ST W 28.030.20.32.0115 10010 KISMET AVE STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 109 OWENS ST S 28.030.20.32.0116 10010 KISMET AVE STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 121 OWENS ST S 28.030.20.32.0117 10010 KISMET AVE STILLWATER MN 55082 0.5 $1,580.66 $790.33 125 OWENS ST S 28.030.20.32.0123 114 OWENS ST S STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 114 OWENS ST S 28.030.20.32.0125 118 OWENS ST S STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 118 OWENS ST S 28.030.20.32.0127 126 OWENS ST S STILLWATER MN 55082 0.5 $1,580.66 $790.33 126 OWENS ST S 28.030.20.32.0148 218 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 218 OWENS ST N 28.030.20.32.0149 211 OWENS ST N STILLWATER MN 55082 2.0 $1,580.66 $3,161.32 211 OWENS ST N 28.030.20.32.0150 205 OWENS ST N STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 205 OWENS ST N 28.030.20.32.0154 1011 MYRTLE ST W STILLWATER MN 55082 0.5 $1,580.66 $790.33 1011 MYRTLE ST W 28.030.20.32.0155 108 OWENS ST S STILLWATER MN 55082 1.0 $1,580.66 $1,580.66 108 OWENS ST S 28.030.20.33.0032 216 OWENS ST S STILLWATER MN 55082 0.5 $1,580.66 $790.33 216 OWENS ST S 28.030.20.33.0033 206 OWENS ST S STILLWATER MN 55082 0.5 $1,580.66 $790.33 206 OWENS ST S iliwater THE B I R TH P i AC E OF MINNESOTA DATE: October 18th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Facility Space Needs Study and Condition Rating BACKGROUND The city issued an RFP for completion of a Space Needs and Condition Rating study of the City Facilities. The city received two proposals. Kraus Anderson was the selected proposal with a price of $86,933 plus an estimated $1,000 of reimbursables. Some of the highlights of the proposal are below: 1) Space needs determinations for City Hall/Police Station, Public Works Facility, Old Public Works Facility, and Historic Water Department Building. 2) Condition assessment of City Hall/Police Station, Public Works Facility, Carnegie Library, Fire Station, Old Public Works Facility, Recreation Center, Historic Water Building, Parking Ramp and Lily Lake Ice Arena. 3) Site Plans and cost estimates 4) Facility Assessment for 3, 5, 10-year planning Once the facility study is complete and discussed, the cost estimates will be plugged into the long-range financial plan the city is conducting. ACTION REQUESTED Motion to accept and approve the proposal from Kraus Anderson for the City Wide Space Needs Study and authorize the City to enter into a contract as approved by the City Attorney. CITY OF STILLWATER CITY WIDE SPACE NEEDS STUDY Stillwater, Minnesota Proposal for Space Needs Study Services October 3, 2022 gg pus-ANDERSON . KRAU -AI DER ON October 3, 2022 Mick Greiner, Facilities Manager City of Stillwater 216 4th Street North Stillwater, MN 55082 mgreiner@ci.stillwater.mn.us HAAE N, C NRI TCid-J CN & H G I LWAIFI A W t 1.1 FT t t Y.6 Electronic copy to Beth Wolf, City Clerk City of Stillwater bwolf@ci.stillwater.mn.us Dear Mr. Greiner: Kraus -Anderson (KA) and Hagen, Christensen, & Mcllwain (HCM) are excited to partner as a team for the City Wide Space Needs Study. We will engage immediately with you and your stakeholders in a collaborative and open process. Our experienced team and proven collaborative services will help deliver a well -planned, safe, energy -efficient, on -budget, and on -schedule project. As your integrated team partner, KA and HCM will provide the following benefits to achieve your goals and objectives: • Similar Project Expertise: Our team and project portfolio include recent and relevant facility assessments, city halls, public safety, maintenance, and indoor storage facilities, fueling stations, chemical storage; new construction, additions, remodels, and design/build delivery. We provide current relevant assessment, design, and construction trends and best practices. Our experience navigating public entities and multiple project stakeholders will help build a successful project plan. • KA and HCM Relationship: Great relationships are built on a foundation of trust, respect, and open communication. KA and HCM have built over 200 projects together, including projects for City of Woodbury, Washington County, St. Croix County, Wright County, Sherburne County, Anoka County, Isanti County, Ramsey County, Key Air, and Boston Scientific. Our collective professionalism, passion, and processes have proven successful on all of the projects we have completed together. We will work in a highly collaborative and transparent manner with the City of Stillwater to provide knowledgeable, creative design, and construction solutions. • Local Market Understanding: KA has been working in the City of Stillwater since 1979 and since then, we have completed over 200 projects, worth over $200,500,000 in construction volume for clients like Piper Jaffray, Cub Foods, HealthPartners Lakeview Hospital, Stillwater Area Schools, Washington County, Courage St. Croix, Riverview at Terra Springs, and Our Savior's Lutheran Church. We are familiar with your city officials, permitting processes, local subcontractors, and area stakeholders. Our team is committed to providing the City of Stillwater with all the resources necessary to ensure your project receives the highest service level in a timely and professional manner. We know that we can exceed your expectations and look forward to meeting with you to further discuss our proposal and approach to your project. If you have any questions or require additional information, please contact us. Very truly yours, KRAUS-ANDERSON®CONSTRUCTION COMPANY HCM ARCHITECTS Tim Kittila, Facilities Assessment Manager 501 South Eighth Street, Minneapolis, MN 55404 Office 612-332-7281 I tim.kittila@krausanderson.com Dan Lawrence, AIA, Principal 4201 Cedar Avenue S, Minneapolis, MN 55407 Office 612-904-1332 I Lawrence@hcmarchitects.com able of Contents Study Understanding pg 1 Deliverables pg 2 Background of Firms pg 3 Relevant Experience pg 6 O Work Plan and Schedule pg 1 0 Cost Breakdown pg 1 1 O References pg 12 HCM Appendices pg 1 3 Stillwater City Wide Space Needs Study Stillwater, Minnesota A OBJECTIVES/GOALS/TASKS The City of Stillwater has issued a request for proposal for a space needs and condition rating. The goals of the effort are as follows: 1. Increase spaces to effectively house and support staff and equipment. Space needs determinations will be needed for City Hall/Police Station; Public Works Facility; Old Public Works Facility; and Historic Water Department Building. 2. Allow more effective use of real estate by increasing workspace, meeting/training areas and other flexible workspaces. 3. Make updates needed to comply with legal requirements, state and local building codes, and wellness goals. 4. Ensure that any and all updates to spaces or new structures are built to allow for future growth and expansion as needed. During the condition rating process, base recommendations on expected life cycle of equipment and or building envelope. Working with City personnel to establish an immediate need, a three (3) year, five (5) year and ten (10) year deferred maintenance plan. A condition rating should be developed for all City Buildings including: City Hall/Police Station; Fire Station; Carnegie Library; Public Works Facility; Old Public Works Facility; Recreation Center; Historic Water Building; Parking Ramp; Lily Lake Ice Arena. The city will require inventory of the following: 1. Gain understanding of needs for the for City Staff 2. Identify scale and scope of construction projects 3. Project future needs 4. Review current staffing levels working with City facilities 5. Review employee workspaces 6. Recommend modifications to building systems 7. Review storage needs 8. Evaluate parking needs 9. Incorporate past studies The city will require schematics and synthesis of the following: 1. Buildings' ability to meet program and operations needs 2. Develop solutions for short and long term deficiencies 3. Develop costs estimates associated with solutions Deliverables: • Executive summary • Space needs programming • Site plans • ADA code compliance requirement summary Energy efficiency requirement summary Costs estimates Facility Assessment (3, 5, 10 year plan) 1. Study Understanding SCOPE OF WORK In order to thoroughly and comprehensively respond to the City of Stillwater Request -For -Proposal, Kraus -Anderson Construction Company has selected Hagen, Christensen & MclLwain Architects (HCM Architects) as their preferred partner to lead and assist this overall effort. HCM will lead the conceptual space planning and programming needs for City Hall/Police Station; Public Works Facility; Old Public Works Facility; and Historic Water Department Building. Kraus -Anderson will lead the condition assessments for City Hall/Police Station; Fire Station; Carnegie Library; Public Works Facility; Old Public Works Facility; Recreation Center; Historic Water Building; Parking Ramp; Lily Lake Ice Arena. This partnership has proven to be a successful team to help through the space planning efforts, condition assessment work and the cost estimating for many previous municipal customers in similar situations. We believe the combined team will be able to comprehensively: 1. Increase spaces to effectively house and support staff and equipment. 2. Make an effective use of real estate by increasing workspace, meeting/training areas and other flexible workspaces 3. Ensure the City facilities comply with legal requirements, state and local building codes, and wellness goals. 4. Create update to spaces and structures allow for future growth and expansion. 5. Provide a through, comprehensive facility condition assessment for all city facilities with a focus on short and long-term maintenance investments. HCM's Space planning will include rigorous study of the city staff and workspace needs. Various site visits and facility walkthroughs and then begin development of conceptual plans based upon the recommendations for growth, expansion, contractions. Kraus -Anderson will review the provided plans by HCM and begin cost estimating and project phasing. Kraus -Anderson will complete facility condition assessments which will include site interview, identification and inventory of all deferred maintenance, digitizing all information, creation of a 10-year+ facility maintenance plan. All information will be collected, developed, refined and reviewed with the City of Stillwater and built into a report and presentation. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 1 4 2. Deliverables At the conclusion of the studies, the City of Stillwater will be presented with access to KA's portal inclusive of the following: Executive Report Digitized Site Report Facility Expenditures and Maintenance Financial Plan Site Prioritization and Estimation Tool Facility Condition Index Site Interview Information Preconstruction Estimates Meetings and Agendas Summary of the key findings from site visits, including client personnel interviewed Report of facility information, site walkthrough, and deferred maintenance findings and site photography Detailed immediate, 3-, 5- and 10-year plans which include the following items, priorities, and categories by condition, criticality, replacement timing, resolution, and funding mechanisms including the following: • Capital and deferred maintenance/facility deficiency items identified • Project identification and phasing considerations • Equipment and Materials lifetime expectancy • ADA/Code Compliance considerations • Safety and security considerations • Energy efficiency considerations • Cost estimates based upon real-time market data from KA's current construction cost database Following the IFMA standard for Facility measurement, the FCI score informs clients on the status of their overall facility and assists with strategy on level of investment required moving forward. Documentation of the anecdotal information available about the various facilities, document timeframes and phasing of the building, and current issues the facility teams are dealing with in regards to the facility. Detailed estimated cost breakdown for master planning design efforts. Inclusive of the kickoff meeting agenda and other regular meetings where information is gathered. *Deliverables will be provided via Kraus -Anderson's online portal and accessible and downloadable for up to one (1) year from date of initiation of project Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 2 a 3. Background of Firms [r\ HCM Architects Hagen, Christensen & MclLwain Architects (HCM) is a fourteen person Minnesota based S-Corporation founded in 1998 (24 Years in business). HCM Architects is a registered Small Business Enterprise (SBE). HCM provides professional architectural, planning and design services for a wide variety of Project types ranging from Municipal Facilities, Public Works, Civic, Parks & Recreation, Corporate Environments, BioScience facilities, Hospitality, and Technical Manufacturing structures. We maintain a diverse portfolio of projects split between Public and Private clients; during the past ten years the percentage of our business mix between Public and Private clients is defined as 50% Public and 50% Private. Our firm is based on a foundation of common values, friendship and a singular vision on how we want to practice Architecture. A practice based on a simple business philosophy: Provide creative ideas, exemplary services, treat people well and good things will happen. With this as our foundation, we have been fortunate to maintain a large volume of work in the office and have had steady growth in staffing. During the past ten years, HCM Architects' annual volume of work has averaged 90-120 commissions per year with a total construction volume of $50 million - $75 million annually. HCM Architects has a long history of successfully delivering projects similar to the City Wide Space Needs Study for the City of Stillwater. This includes lengthy experience with the full range of professional services identifed in the RFP: existing facility assessments, space needs determinations, design of flexible and efficient spaces, building code analysis, and phased designs with future growth in mind. Team Member Role Dan Lawrence Dan Lind Tim Kittila Dustin Phillips Ken Francois Project Architect/Project Manager Project Oversight Facility Assessment Manager Senior Project Manager Project Manager Firm HCM HCM KA KA KA Kraus -Anderson Construction Company Established in 1897 (125 years), Kraus -Anderson Construction Company is a privately owned corporation; incorporated in 1937 in the State of Minnesota. Headquartered in Minneapolis, KA currently has over 600 full-time employees throughout our seven office locations. We have full-time support staff in preconstruction services, general superintendents, project coordinators, accountants, insurance compliance specialists, Building Information Modeling (BIM) and Virtual Design and Construction (VDC), Mechanical, Electrical and Plumbing (MEP) systems coordinators, quality control oversight, and safety that work with our project teams. Ranked in the top 20 construction firms in the Midwest by Engineering News -Record, Kraus - Anderson provides integrated project management services that ensure timely, successful execution of all types of construction projects. KA serves a diversified commercial construction market, with a 2021 preliminary managed construction volume of $1.054 billion. Our core market sectors include government, education, commercial, and healthcare. KA provides integrated construction management services, ensuring timely, successful execution of all types of projects. Their service approach is focused on a system of interrelated strategic services, each designed to assist in exploring how best to deliver your project, from early pre -resolution planning through occupancy of your facility. KA's professionals focus on creating value and eliminating waste to save you time and money. Completed over 300 Since 2001 FACILITIES ASSESSMENT 6.0 BILL IDENTIFIEDION NEEDS HCM will lead the space needs study. HCM will be the main point of contact for City of Stillwater. KA will lead the facility conditions assessment and preconstruction estimating. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 3 4 Registration(s): Registered Architect: MN License #51164 Education BA, Architecture, University of Minnesota Master of Architecture, University of Minnesota Industry Experience Since 1991 Registration(s): Registered Architect: MN License #58263 Education 3. Background of Firms Dan Lawrence, AIA, Principal & Managing Partner I HCM Project Architect and Project Manager I Design Our Design Team will be led by Dan Lawrence, AIA, of HCM Architects. He has over 22 years of experience designing and managing projects across a wide spectrum of types and budgets; he has worked with our Kraus Anderson Team members on many of those efforts. These Iona -standing working relationships help contribute to a cohesive Team synergy and mutual understanding that will drive the success of this Project for the City of Stillwater. Dan's strong active listening, communication, and interpersonal skills ensure all voices of the Owner's Project Team are heard, collaboratively incorporating those ideas into the design of the facilities. RELEVANT EXPERIENCE • Washington County Law Enforcement CenterARPA Improvements I Stillwater, MN • St. Croix County Government Center: a) Phase 2 Master Planning Study, b) Phase 2 Expansion & Renovation I Hudson, WI • Washington County Northern Environmental Center* I Forest Lake, MN • Sherburne County Public Works Facility Assessment and Master Planning Study* (Two Sites) I a) Zimmerman, MN, b) Elk River, MN • Washington County Public Works South Shop Master Planning Study* I Woodbury, MN • Isanti County Government Center Master Planning Study* I Cambridge, MN • Anoka County Public Works - Coon Lake Satellite Equipment Storage Facility Master Plan* I East Bethel, MN • Washington County Southern Environmental Center Expansion Project* I Woodbury, MN • City of Woodbury City Hall Improvements a) Feasibility -dud Planning Study, b) Facility Renovation* I Woodbury, MN • City of Bloomington Public Works Fleet Maintenance Facility Study I Bloomington, MN • Washington County Wildwood Library* Mahtomedi, MN • City of Woodbury Public Works: a) Facility Assessment & Master Planning Study, b) Renovation & Expansion Project Woodbury, MN • Ramsey County Public Works Feasibility and Planning Study* I Arden Hills, MN • Washington County Public Works North Shop* I Stillwater, MN Dan Lind, AIA, LEED AP, Principal & Managing Partner I HCM Project Oversight As one of the leaders at HCM Architects, Dan has over 30 years of professional experience as an Architect and has been involved in the building industry for most of his life. His focus in the firm has been twofold - Municipal buildings related to Public Works/Highway Departments and Corporate facilities involving highly technical laboratory and manufacuturing spaces. This wide breadth of experience provides his basis for overseeing the Quality Assurance and Quality Control review of all project deliverables for this City Wide Space Needs Study for the City of Stillwater. Studies, North Dakota State University, Fargo, ND Industry Experience Since 1992 * KA I HCM Collaboration RELEVANT EXPERIENCE • Andersen Corporation I Bayport, MN • Halkey Roberts Manufacturing Expansion Master Planning and Design I St. Petersburg, FL Sherburne County Public Works: Facility Assessment and Master Planning Study (2 Sites)* I a) Zimmerman, MN, b) Elk River, MN • Anoka County Public Works - Coon Lake Satellite Equipment Storage Facility Master Plan* I East Bethel, MN • City of Oakdale Public Works: a) Master Planning Study, b) Schematic Design Oakdale, MN • City of Bloomington Public Works Fleet Maintenance Facility Study I Bloomington, MN Anoka County Public Works - Phase 2 Master Plan! udy* 1 Ar whd, MN • • Hennepin County - Medina Public Works Master Planning Study I Medina, MN City of Andover Municipal Campus and Public Works Facility Master Planning Andover, MN • Wright County Highway Department and Master Planning Study* I Buffalo, MN • Anoka County Public Works - Phase 1 and Master Plannin. Stud * Anoka MN _ Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 4 EDUCATION MBA, Entrepreneurial Studies Focus, University of Delaware BS, Mechanical Engineering, Virginia Tech State of MN Professional Mechanical Engineer License #46615 EDUCATION MS, Construction Management, BS, Construction with a Minor in Business Administration University of Wisconsin - Stout df1 EDUCATION BS, Civil Engineering, UW- Platteville, Platteville, WI State of MN Professional Engineer License #52835 3. Background of Firms TIM KITTILA, PE, Facilities Assessment Manager I KA Tim helps the owner verify program needs and assists in generating a master plan that addresses the facility options and the risks that exist for each of the options presented. He observes, reviews, and documents the facility conditions, including - but not limited to - site conditions, exterior envelope, interior finishes, mechanical and electrical systems, ADA requirements, and safety and security. He will present all viable options and costs associated as a part of a comprehensive plan. RELEVANT EXPERIENCE - City of Chanhassen - Facilities Assessment Chanhassen, MN - City of Little Canada Facilities Assessment Little Canada, MN - Washington County - Facilities Assessment Stillwater, MN - Isanti County Facilities Assessment I Cambridge, MN - Eastern Carver County Schools - Facilities Assessment I Carver, MN - City of Monticello - Facility Assessment Monticello, MN - St. Croix County - Facilities Assessment 1 Baldwin, WI - Jordan School District - Facility Assessment Jordan, MN DUSTIN PHILLIPS, Public Sector Specialist I Senior Project Manager I KA Dustin leads the project team in the master planning study. Dustin provides owners with a wide range of planning, cost estimating, and project development services. He provides these services on many significant projects in the public sector including city halls, public safety, public works, and recreational facilities. In particular, Dustin has experience working in the planning and feasibility phase to partner with the City of Stillwater's project team in programming, planning, budgeting, and analyzing options for a solution. RELEVANT EXPERIENCE - Washington County - Facilities Assessment Stillwater, MN - City of Little Canada Facilities Assessment Little Canada, MN - City of Chanhassen Facilities Assessment Chanhassen, MN - City of Monticello Public Works Facilities Assessment I Monticello, MN - City of Roseville Campus Master Plan Roseville, MN - City of Golden Valley Master Plan Study Golden Valley, MN - Scott County Government Complex I Shakopee and Jordan, MN - Ramsey County Public Works Feasibility and Planning Study I Arden Hills, MN - St. Croix County - Government Center Master Plan I St. Croix, MN - Anoka County Coon Lake Satellite Equipment Storage Facility Master Plan I East Bethel, MN KEN FRANCOIS, PE, LEED AP BD+C, Project Manager I KA Ken supports the project team in the master planning study. He provides owners with a wide range of planning, cost estimating, and project development services with a focus in fire stations and public safety projects. Jason provides these services on many significant projects in the public sector, including municipal and educational building types. In particular, Jason has experience working in the planning and feasibility phase to partner with the owner's project team in programming, planning, budgeting, and analyzing options for a solution. RELEVANT EXPERIENCE - St. Croix County Highway Department Facilities Assessments I St. Croix, MN - St. Croix County Highway Department Campus Baldwin, WI - Minneapolis Future Public Works Sitework 1 Minneapolis, MN - City of Rosemount Police and Public Works Rosemount, MN - Wright County Highway Department Facility Buffalo, M - Dunn County Community Services I Menomonie, WI - Bloomington Public Schools Deferred Maintenance, M&E Security Upgrades I Bloomington, MN I Stillwater City Wide Space Needs Study pg 5 Stillwater, Minnesota Li A KA I HCM COLLECTIVE EXPERIENCE • Together, KA and HCM Architects have built 200+ projects totaling over $284 billion and 2 million square feet. • Notable clients include Washington County, St. Croix County, Wright County, City of Woodbury, Isani County, Sherburne County, Anoka County, Sherwin-Williams, Key Air, and Boston Scientific. • Our ongoing working relationship and years of collective communication, expertise, and processes bring team synergy and best practices to the City Wide Spece Needs Study project. Woodbury City Hall: Corridor transformed into Conference Room 4. Relevant Experience Our KA I HCM team has some of the most experienced design, construction, and specialized engineering experts known both within our region and across the nation. This expertise ensures that we will complete, on budget and on time, a City Wide Space Needs Study for the City of Stillwater. The KA I HCM team has provided design and construction services in the public sector for decades on all tpes of projects. A major focus of our work has been Municipal and Civic projects defined by multiple departments providing a multitude of public services in existing buildings. The KA I HCM Team have collaborated on a majority of these efforts over the years to assess and transform facilities into long-term solutions for our clients. ry P 9 0 0 y.t7NF .�.�.yuAte.s Woodbury City Hall Master Plan 0 0 P ff WOODBURY CITY HALL Woodbury, MN KA I HCM KA completed the facilities assessment, preconstruction, and construction. HCM completed master planning and design. The project construction was delivered via Construction Manager services implementing a method of pre -negotiated materials and labor through Sourcewell Cooperative Purchasing - enabling the project to meet a very tight schedule. Special high-performance, sustainable design elements East/west axis orientation providing natural daylighting High performance mechanical and electrical systems including a partial geothermal system Green roof garden Porous paving system in expanded parking lot New retention pond to filter and treat parking lot runoff Rain gardens along building's southern face Improving all service center functions, including safety and security, and protection for staff by allowing social distancing practices. Construction of a new centralized front desk and customer service counter with glass partitions to physically separate staff from the public. Implementing new secure card access to the building at all entrances. Adding flexibility to the public conference rooms to accommodate meetings of varying size and needs. Upgrading audio/video capabilities in all conference rooms to allow for better remote and in -person meetings. Improvements to the building to maximize space efficiencies and plan for long-term growth. Updated interior with architectural millwork, structural improvements, and interior and exterior storefronts, along with mechanical, electrical and plumbing upgrades. » » » » » Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 6 4 WASHINGTON COUNTY PUBLIC WORKS I SOUTH SHOP MASTER PLAN KA I HCM Woodbury, MN KA completed the facilities assessment, preconstruction, and construction. HCM completed master planning and design. This is a multi -department facility composed of the following: Engineering & Administration, Traffic Engineering (Signs & Signals), Highway Maintenance, Fleet Maintenance, and Information Technology (IT). Departments that visit or use the Facility on a drop -in basis include; Planning, Parks, Surveying, Sheriff's Office (Public Safety), Building Services and Public Health & Environment (PHE). The major functional areas of the building (office/administration, warm storage and fleet maintenance) and yard can expand in the future as needed without impacting operations and flow of the initial build. 4. Relevant Experience WASHINGTON COUNTY PUBLIC WORKS I NORTH SHOP RENOVATION & EXPANSION KA I HCM Stillwater, MN KA completed the facilities assessment, preconstruction, and construction. HCM and its Design Team provided services for the Design of the Public Works North Shop Facility for Washington County. Specific work scope items included detailed Space Needs Programming, planning, building exterior design, M&E System narratives, structural analysis, conceptual design, full site design and documentation. The goal was to be assured that the existing facility and site could be expanded and improved to support the long-term needs of the Public Works Department and to determine a Project Budget that was accurate and attainable. O ST. CROIX COUNTY GOVERNMENT CENTER PHASE 1 SHERIFF'S OFFICE STORAGE FACILITY PHASE 2 FACILITY RENOVATION & EXPANSION Hudson, WI KA I HCM KA completed the preconstruction for Phase 1 and 2 with current construction of Phase 1. HCM Architects developed a preliminary Master Planning Study and subsequent Design packages to renovate and expand the existing Government Center in Hudson, WI. This is a multi -department facility composed of three primary operations: A) Sheriff's Office, B) Circuit Court, C) Administration. Detailed Programming sessions with each of the stakeholder staff groups resulted in common goals for the service facility renovation and expansion: Enhanced Security, Increased Spatial Efficiency with a focus on a hybrid work place environment, and an improved level of customer service. Stillwater City Wide Space Needs Study pg 7 Stillwater, Minnesota 4. Relevant Experience AMIN K_ air AL AIIMIMINMMIMM WRIGHT COUNTY HIGHWAY DEPARTMENT FACILITY I DESIGN AND DOCUMENTATION Buffalo, MN KA I HCM KA completed the facilities assessment, preconstruction, and construction. HCM designed Wright County's new 92,000 SF Highway Department Facility, which was completed in early 2015. HCM's team services ranged from programming through construction administration. Our team also provided energy modeling that was used to provide rebates from the local utility cooperative. Wright County goals for the project to provide a facility that functions with high efficiency, operates for long-term use, and fulfills the County's growing needs for the future. HCM's design provided a facility that meets or exceeds these goals. The facility includes a 37,703 SF, 10-bay fleet maintenance shop with an inside car wash bay with an automatic underbody washing system, and a tube/fluids system with enough space for 9 permanent tanks and space for 55 gal drums with recessed in -floor containment. Also included is a 5-ton bridge crane with access to the mezzanine storage space, welding bay with a bridge crane, small engine room, and a sign shop and parts room. A 54,620 SF vehicle storage garage houses 49 total parking stalls with enough parking space for 17 large trucks, 16 snow plows, and 16 semi -truck or truck with a trailer. The new 12,640 SF administration area has permanent office spaces along with flexible space for collaboration, conference rooms, kitchenette/coffee bar, and locker rooms. BLINKER LAKE NLYN. ANOKA COUNTY HIGHWAY DEPARTMENT FACILITY I MASTER PLANNING Andover, MN KA I HCM KA completed the facilities assessment, preconstruction, and construction. HCM worked with the Anoka County Highway Department to develop the "Ultimate Master Plan" for their facility. The Project involved an extensive Audit & Assessment of the existing facility, Department Programming for 2010, 2015 & 2035, Schematic Design, Project Implementation Strategies and Project Cost Estimates. The "Ultimate Master Plan" was divided into (3) Implementation Phases that would be constructed to provide the department needs in the year 2035. HCM's Team evaluated each Option for constructability, cost implications, synergy of use, staff safety and health and overall building systems design. Each phase can stand alone without the other phases needing to follow immediately after, allowing the County to implement each as funding allows. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 8 4 4. Relevant Experience SHERBURNE COUNTY PUBLIC WORKS 1 FACILITY ASSESSMENT AND MASTER PLANNING STUDY A) Zimmerman, MN, B) Elk River, MN KA I HCM HCM Architects and Kraus Anderson partnered on this project to deliver concept plans and associated cost estimates for two different Public Works sites in Sherburne County, one existing and one new. The existing Public Works site in Zimmerman, MN, was determined to be in relatively good shape but grossly deficient on space for efficient and safe operations. The study examined interior renovation scope along with expansion options to meet future space need projections. The new Public Works site at the Sherburne County Government Center in Elk River explored a satellite fleet maintenance and facility storage building that included a wash bay and fuel island. The space needs summary completed by HCM informed a proposed building size that could be studied on a variety of adjacent properties. These options provided a basis of comparison for project costs, efficient operations and site security. Existing Public Works Site Zimmerman, MN Government Center- New PW Site Elk River, MN ISANTI COUNTY GOVERNMENT CENTER 1 FACILITY ASSESSMENT AND MASTER PLANNING STUDY Cambridge, MN KA I HCM HCM Architects and Kraus Anderson partnered on this project to deliver concept plans and associated cost estimates for a renovation of the existing Government Center building (three levels) and a separate Isanti County Family Services building (two levels) commonly referred to as the Oak View building . KA began the effort with an overall assessment of both buildings to identify key deferred maintenance issues and prepared associated cost estimates for repairs. HCM began with a space needs study accounting for the entirety of the multi -departmental facility: Administration, Human Resources, Attorney, Central Services (IT/GIS & Facilities), Environmental Services, Finance & Property Services, Recorder, Probation and Circuit Court. Concept plan options were created to explore the three primary goals of the County: 1) Customer Service, 2) Security, and 3) Space Efficiency. KA provided cost estimates of the preferred options through a Tens of low, medium and high renovation costs. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 9 4 COACT 5. Work Plan and Schedule WEEK OF OCTOBER 24, 2022 (1 WEEK) • Project proposal development and understanding of client goals and objectives • Project Award and Setup • Internal Kickoff Meeting • External Kickoff Meeting - Introduce team members - Identify key stakeholders - Identify and gather existing key documentation of site that has not been provided - Review proposed timelines and project schedule WEEK OF OCTOBER 31, 2022 (5 WEEKS) • Space needs analysis/programming - Staff questionnaire, interviews for each department - Understand both the current and future space needs, as well as critical adjacencies and facility flow • Site observation and walkthroughs (digitally documenting site walkthrough) • Review existing documentation • Interview with key personnel and stakeholders— identify key site dates, information about site, critical information, anecdotal information that may be useful to understanding status of equipment/materials/condition, transfer of knowledge • Complete inventory of all reviewed systems and assets • Digitize information gathered from site interview, walkthroughs, site visits, etc. WEEK OF DECEMBER 5, 2022 (4 WEEKS) Our Design Team will work with the City of Stillwater Staff and Stakeholders to arrive at comprehensive site and building plan options that will accommodate current space needs capacity and future growth. • Site concept planning • Develop operational flow and efficiency • Development of comprehensive facility expenditures and deferred maintenance list on a 10-year basis • Prioritize facility maintenance needs, energy efficiency, code compliance, ADA issues identified • Estimate costs associated with facility improvements and upcoming expenditures • Develop phasing considerations for various projects that should be completed simultaneously or in conjunction • Incorporate previously completed assessments and estimated costs and confirm pricing for those items WEEK OF JANUARY 2, 2023 (3 WEEKS) • Collaboratively work with owner through: - Preferred solutions for concept planning and selection - Concepts for facility maintenance items, site improvements and remediation concepts - Iterative prioritization process and criticality of items - Potential costs savings for completing projects simultaneously - Full understanding of remediation of costs - Presentation of data to executive committees • Identify and understand the results of the data via the Concept planning for changes to facilities y • Finalize cost estimates PRESENT 121 r.• WEEK OF JANUARY 23, 2023 (1 WEEK) • Provide executive summary of findings and ownership recommendations • Provide concepts and prioritization of remediation items • Provide estimation consolidate budgets on a 10-year plan, inclusive of cost escalation/inflation • Provide full digitized package of site plans, concepts, results, estimates, immediate, 3-, 5-, and 10-year plans, and final report • Presentation of Study MEP -Al P910 N _ 6. Cost Breakdown Our proposed professional fees are based on the breakdown of staff and hours proposed per our understanding of the RFP. Our firms provide excellent value. Based on our competitive rates and knowledgeable staff, you will receive more hours of our service for your fee. Our fees will be billed on any hourly basis to the maximum amounts identified below. City Wide Space Needs Study City of Stillwater Firm Role Hours Rate Total Space Needs Study/Programming HCM Principal Architect 1 HCM Principal Architect 2 HCM Architect Staff KA Senior PM 10 $ 190 $ 1,900 50 $ 170 $ 8,500 16 $ 135 $ 2,160 5 $ 150 $ 750 Conceptual Planning HCM Principal Architect 1 10 $ 190 $ 1,900 HCM Principal Architect 2 65 $ 170 $ 11,050 HCM Architect Staff 40 $ 135 $ 5,400 KA Senior PM 5 $ 150 $ 750 Facility Condition Assessment KA Senior PM 75 $ 150 $ 11,250 KA Facility Assessment Manager 107.25 $ 150 $ 16,088 KA Facility Assessment Specialist 124.5 $ 130 $ 16,185 KA Admin 2 $ 100 $ 200 KA Portal/Fees 1 $ 3,500 $ 3,500 Preliminary Cost Estimating HCM Principal Architect 1 4 $ 190 $ 760 HCM Principal Architect 2 12 $ 170 $ 2,040 HCM Architect Staff 0 $ 135 $ KA Senior PM 30 $ 150 $ 4,500 Total Fee Reimbursables* Alt. Deduct $ 86,933 1 $ 1,000 $ 1,000 Provide a Facility Condition Review in lieu of a Facility Condition Assessment $ (12,000.00) *We estimate that the reimbursable expenses for a project such as this will include printing of review sets typical mileage and mailing/ courier fees as required. Reimbursable expenses are billed without mark up at 1.0 times cost. All reimbursable expenses will be itemized for the Owner to review Stillwater City Wide Space Needs Study pg 11 Stillwater, Minnesota 4 7. References Todd Rehnelt Assistant Commissioner Highway Department St. Croix County 715-245-4202 todd.rehnelt@sccwi.gov w w6�dbury ury Teresa Keller Senior Engineering Project Coordinator City of Woodbury 651-414-3492 teresa.keller@woodburymn.gov Washington ounty C Erik Jalowitz Building Services, Capital Project Manager Washington County 651-430-6000 erik.jalowitz@co.washington.mn.us SHERBURNE COUNTY 1411111 Andrew Witter Public Works Director/County Engineer Sherburne County 763-765-3302 Andrew.Witter@co.sherburne.mn.us Inalx1C. MAW 9Pa•+1 A Wr4 —ILEir#w.%ks S L11E1 5l P1J V!IFT1E1 IMAgi St. Croix County Government Center Master Planning Study Woodbury City Hall Washington County Public Works -South Shop Study Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 12 4 a ier City of Woodbury A) Master Planning Study, B) Renovation & Expansion Project Year Completed: Location: Client: Project Area: Project Budget: Project Contact: 2018 Woodbury, MN City of Woodbury 180,000 GSF $25 Million Teresa Keller Senior Engineering Project Coordinator 651-414-3492, teresa.keller©woodburymn.gov Stillwater City Wide Space Needs Study Stillwater, Minnesota 8. Appendices HCM Architects designed the City of Woodbury's Public Works Facility Renovation & Expansion project. The overall project goal was to provide a facility that could meet the current and future demands of the city's growing community. After gaining an understanding of the City's long-term vision, HCM worked wih the City's Core Staff Stakeholder Team to find ways to expand and consolidate the existing facilities which are separated into two sides by an existing roadway. Ultimately, the improved facility design brings the Operations side together onto one side of the street, and the Service functions of the campus to the other side. This programmatic reorganization of space improved the operational efficiencies of the site via the simplified coordination of work activities with a focus on safety, flexibility and communication. pg 13 4 8. Appendices Anoka County Highway Department Maintenance Facility Renovation & Addition Year Completed: Location: Client: Square Footage: Project Contact: 2011 ' Andover, MN Anoka County Highway Dept 55,000 SF Doug Fisher County Engineer Anoka County Highway Dept Hagen Christensen & Mcllwain Architects completed the design and construction documents for Anoka County Highway Department Phase 1 of the "Ultimate Master Plan" for their facility. Overall Phase 1 addresses the most significant safety and work space issues of the facility while concentrating on the deferred maintenance items identified as part of the audit. HCM created a construction phasing plan that allows for uninterrupted Highway Department Operations and construction work simultaneously. The goal was to not substantially change the original use of the spaces being remodeled by recapturing under-utilized and inefficient existing space. Phase 1 consisted of a new 23,500 square foot Fleet Services addition that will provide a safe and efficient work environment for servicing and maintaining all of the County's Highway Department equipment. The renovation of the 13,980 square feet existing Office area will provide an efficient and collaborative work environment for office/admin/engineering staff. The renovation of the 17,480 square foot Signs and Signals shop space within the existing building shell will create a more safe, efficient and flexible space. All new and renovated areas of the facility will experience the benefits of this project with significantly improved indoor air quality and natural daylight within the work environment. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 14 4 8. Appendices Anoka County Highway Department Facility & Master Planning Study Year Completed: Location: Client: Project Area: Project Contact: 2010 Andover, MN Anoka County N/A Doug Fischer County Engineer Anoka County Highway Dept. WA'Srl BAY OPT. 1 BUNKER Q `m = .4) . o YARD v • Tfi LEFT o !SEIRAICE w j' i(6 LAKE T T r r — WAREHOUSE M ' — — DOCK/ 1 I IFUTIiRE (COVERED: :STO�AGE. BLVD. Hagen Christensen & Mcllwain Architects worked with the Anoka County Highway Department to develop the "Ultimate Master Plan" for their facility. The Project involved an extensive Audit & Assessment of the existing facility, Department Programming for 2010, 2015 & 2035, Schematic Design, Project Implementation Strategies and Project Cost Estimates. The "Ultimate Master Plan" was divided into (3) Implementation Phases that would be constructed to provide the department needs in the year 2035. HCM's Team evaluated each Option for constructability, cost implications, synergy of use, staff safety and health and overall building systems design. Each phase can stand alone without the other phases needing to follow immediately after, allowing the County to implement each as funding allows. COMMON PARKING I SIGNS/ SIGNALS COLD STORAGE t MAT. ; TEST i (e) PARKING LO BY MEETING ROOM (e) STORAGE (e) POND COVERED STORAGE so' too' NI lir Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 15 4 8. Appendices Anoka County Transportation and Parks Master Plan Study - Phase 2 Year Completed: Location: Client: Square Footage: Project Contact: 2019-2020 Andover, MN Anoka County N/A Joe Macpherson Highway Engineer Anoka County h LY1 %NARY NTORxq . MEP x1QL P .111;fOr FEW CORFaCCO YALAVN4r. ACCESSED F9[N WIIPM STORl.Ai P MVP glEIRlr.r r•Le F. TVA inknAL AVID{DGITA¢L 11.7 T9Fear,T 11�SF1 gnaw TI -•- FL!}IEiE 1.001411 GENE . FFA,I EACTLXICAI LN T1 9lWtE1t LtD o..t FOR YIGNA:1 S Issas xFi w xal< ETaF L A4E5 DAL MCA FO,�6y��N,ML AI • aa.y. A.NEL DOOR EA AICED CAME. C.R CCNEMENCE 111:536. 1363 SAt FiDQ�1 E WAWA CCECA1 D O WE DON BAY PEA S n Sari CONE TOM IA DAM! Isaoosra !!r Hagen Christensen & Mcllwain Architects was hired in the summer of 2019 to provide a Phase-2 Master Plan that would implement with the Phase-1 Project that was designed by HCM Architects in 2010. Phase-1 was built with the future Phase-2 in mind, but the Master Plan needed some major updating with the growing County needs and an expanded Campus which now included Anoka County Parks. The County was interested in related synergies between these two groups, and looking at the possibility of what buildings and functions they could share. If fully implemented, the Phase-2 Master Plan reflects the needs of both Anoka County Transportation and Parks through 2035. WARM STORAGE E-XPANS11DH b3,86U &F- WARM STORAGE EXPANSFON. 5.10 S.F. WASH BAY AREA SAM S.F. ABOVE 16,366 SF EXFSUNO PROVIDE HEAT FOR EXIST. PAINTBLDG. COVERED STORAGE 6,764 S.F. COVEREDSTORAGE FSLDG. #,6J4 S.F. TEMPERED STORAGE BLOG FOR MAINTENANCE 35.1104 S.F. OFFICE E]SF~AN91411 4,4 O KKARN 5TQ4RA ExPANS4ON 17.Bo S.F. VEW MOWER MASH. PAD COWERED STORAGE 7,0a] 5# HATCHING 5HOW5 AREAS FOR YE4W ASPHALT PAVING. FYP JO,OOO S.F. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 16 4 ]der 8. Appendices City of Bloomington Public Works Fleet Maintenance Facility Study Year Completed: Location: Client: Square Footage: Project Contact: 2019-2020 Bloomington, MN City of Bloomington Range: 45,000 SF - 90,000 SF John Bradford Public Works Superintendent City of Bloomington r ::a r a m ( 34 —U I'r ;p Y p> r 4— ) 2 a u a W X = r I { Fl ET sr?... -r R4Y, (7ij F g . 1.1 . d I w S;MAIMED :U" Programming: Building Footprint /+ 1 Site Option 7: Architectural HCM Architects provided high level programming and master planning studies for nine different site options relocating the Public Works Fleet Maintenance facility. A consistent building footprint was used at each remote site; an optional wash bay, fuel island and warm vehicle storage addition was considered on a site by site basis. Each site option was evaluated via consistent criteria such as site circulation, operational efficiencies, acquisition/demolition of adjacent properties, site grading and site utilities. Civil plans, prepared by our team member Loucks, were presented side by side with the Architectural master plans so as to highlight the pros and cons of each site. Cost estimates for each site option were developed by RJM Construction. a T 4 ew naw ra,rMS\i ,:If:. Site Option 1: Architectural Site Option 1: Civil Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 17 4 8. Appendices City of Minneapolis Fridley Water Works Maintenance Facility Year Completed: Location: Client: Square Footage: Project Contact: 2004 Fridley, MN City of Minneapolis Property Services 36,000 SF Shahin Rezania Principal Engineer City of Minneapolis, Water Works Campus HCM Architects designed the 36,000 SF Maintenance Facility for the City of Minneapolis Water Works Department located at the City of Minneapolis Water Works campus in Fridley, MN. The project consists of a facility that houses maintenance shops, stores warehouse, offices and meeting/muster spaces for the trades of the Water Works Department. One of the key ideas, implemented with great success according to staff, was the combining of common areas and redundant spaces that took up valuable square footage in their previous facilities. Key among these was the inclusion of a single break room / muster space and the combining of basic shop tools (i.e. drill presses, saws and lathes) into a common, central space that all trades share. Services provided included programming, site analysis and design, building design and the development of sustainable design goals for the project Minnesota's B3 Guidelines. Design emphasis was placed on sustainable design concepts such as micro turbines, geothermal, day lighting and common sense use of materials and systems to lower the overall cost of the building and operation. The building is designed to be the entry point for the Water Works campus and will project the image of the campus architecture. A unique feature of the building is the drive through common work bay shared by all the trades, which improves the efficiency and usability of the building. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 18 4 8. Appendices City of Minneapolis East Side Maintenance Facility Master Planning Study Year Completed: Location: Client: Square Footage: Project Contact: 1 2020 Minneapolis, MN City of Minneapolis 205,000 SF Chris Backes Project Manager City of Minneapolis Finance & Property Services Hagen Christensen & Mcllwain Architects and its team designed Minneapolis' New East Side Storage & Maintenance Facility. HCM's services included a Master Planning study, programming, facility modeling studies, all design phases, interior design, structural and electrical/ mechanical design coordination, collaborative energy modeling process, full site design as well as complete documentation through the current construction process. The entire Project Team set goals for the site and building to be LEED Gold Certified, providing a facility that functions with high efficiency, operates for long-term use, and fulfills the City's growing needs for the future/community with features such as landscape buffers with bicycle and walking paths. HCM's design provided a realistic project budget and efficient timeline for construction and occupying the building. - '•3ifJ7i 3P, `"r1Tx \ �i'. \ L54; I C11 0111P I i O f , r +.'ffiirZl/f.S1. -YrA aF/. IE -� + Xjt P' NWAIkl LE E VV. DI. :',t%li `. .!'P• rt, x • Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 19 4 c'1 r City of Woodbury Public Works & Parks Maintenance Renovation & Expansion - Master Planning Study Year Completed: Location: Client: Project Area: Project Contact: 2016-2017 Woodbury, MN City of Woodbury Range: 108,000 SF - 200,000 SF Teresa Keller Senior Engineering Project Coordinator City of Woodbury - WILDING MAIM MANION / SHADED EMIT I FLEET REFACE MEETS orSTORM . .. .-.. " 2. Program Needs Study: Existing Conditions - Office f Master Planning Study: Preferred Site Option D BLIILXING MAFNT COMMON /SHARED - FI.EETSERVICES ISTREETS / STORM 1 Lfl1E5 PARKS ▪ UTILITIES ▪ A/W ING-MTION ENGKERIK WATEGSHWp 8. Appendices HCM Architects developed a full renovation and expansion Study of the existing Public Works facility on the two parts (east/west) of its Tower Drive campus in the heart of a Woodbury residential neighborhood. Through the Master Planning effort, which included complete building(s) audit/assessment reviews and a comprehensive Staff Stakeholder Program Needs Study, it was proven that the long-term needs of the facility could be met on the existing site. The Master Planning design options proposed extensive reorganization of the two parts of the campus; the west side was for Service and the east side was for Operations. Creative reuse of building areas, such as the conversion of existing Fleet Services (relocated to west side of campus) space to staff support areas via the internal expansion of the second floor, provided more square footage without increased exterior additions. Program Needs Study: Existing Conditions Vehicle Storage / Fleet Services ▪ 6Fnu71r{G MANI COMMON / SHAM Cr ME IT ▪ FLEET MENKE SIREELS f SiCgi d ' MLRIES kemiNrsi icoN ENGMITLBK M WATERSHED wars Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 20 4 c'1 r Ramsey County Public Works Feasibility & Master Planning Study Year Completed: Location: Client: Square Footage: Project Contact: 2018-2019 Arden Hills, MN Ramsey County 1,500,000 SF Ted Schoenecker Public Works Director / County Engineer Ramsey County z � Preferred Master Plan Site Option C Master Plan Site Option B V. • 1Tr 8. Appendices HCM Architects developed a Feasibility and Master Planning Study for Ramsey County's existing Public Works campus so as to understand future growth needs and provide design options for reuse, expansion and improvements to the operationally inefficient site. The project included a Building Audit Assessment and a Program Needs Study encompassing not only Ramsey County staff but all On -Site Partners (i.e. Arden Hills, Mounds View, Ramsey County Sheriff). The Master Planning effort examined the design options through a phased approach related to time and cost goals. Cost estimates for all phases of the Master Planning options were prepared by Kraus Anderson. Key findings of the study included: Ramsey County Public Works could remain and grow on this site long- term. By efficiently reconfiguring the office areas, the existing building could accommodate more with less, sustainably maximizing the density of the footprint. Relocation of the existing salt sheds and yard storage areas could create a more efficient, flexible and safe site. As the County takes on more road miles long-term, the greatest space need would be vehicle storage I' Programming: Existing Site Plan 1fcELO Ian a _ {5.4u'4- REk� i! aerx re¢, - ;:ox rn. i SuliA Mame F/f Y4k� _ ivwprwx ti sai tertl;! snags coksrieCla! uOt, Pop'finS Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 21 4 8. Appendices WASHINGTON COUNTY PUBLIC WORKS North Shop Facility Year Completed: Location: Client: Square Footage & Project Cost: Project Contact: 2014 Stillwater, MN Washington County Public Works 103,500 SF I $15 Million Don Theisen 1651-430-4304 Public Works Director Washington County Public Works Hagen Christensen & Mcllwain Architects and its Design Team provided services for the Design of the Public Works North Shop Facility for Washington County. Specific work scope items included detailed Space Needs Programming, planning, building exterior design, M&E System narratives, structural analysis, conceptual design, full site design and documentation. The goal was to be assured that the existing facility and site could be expanded and improved to support the long-term needs of the Public Works Department and to determine a Project Budget that was accurate and attainable. Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 22 4 c'1 r Wright County Highway Dept Facility Design & Documentation Year Completed: Location: Client: Square Footage: Project Contact: 2015 Buffalo, MN Wright County Highway Dept. 92,000 SF Virgil Hawkins Director Wright County Highway Dept. 8. Appendices The team ofHagen Christensen & Mcllwain Architects designed Wright County's new 92,000 SF Highway Department Facility, which was completed in early 2015. HCM's team services ranged from programming through construction administration. Our team also provided energy modeling that was used to provide rebates from the local utility cooperative. Wright County goals for the project to provide a facility that functions with high efficiency, operates for long- term use, and fulfills the County's growing needs for the future. HCM's design provided a facility that meets or exceeds these goals. WIN mow Y game Wiatliffig Stillwater City Wide Space Needs Study Stillwater, Minnesota pg 23 4 K AU-ANDERSON HAD CM_ C1-11118 & Ai GILWRrrs A Pell It tG18 "To Purr, Build, End MaNain a Better Washington Cooly" Stiliwater THE BIRTHPLACE Of MINNFNOIA DATE: October 13, 2022 TO: Honorable Mayor and City Council FROM: Shawn Sanders, Director of Public Works SUBJECT: Terra Springs Trail and Access Agreements BACKGROUND In 2006, as part of the Terra Springs Development, a trail was constructed around the perimeter of the condominium buildings that was to showcase the former prison wall and highlight the history of the prison to the public. The trail and its construction were required by the City and to be dedicated to the City in lieu of the park and trail dedication fees at the time of development began. Recently, it was discovered that the dedication of the trail did not occur leaving the question of ownership and responsibility of the trail and access for maintenance the City owned wall. City staff and members of Terra Springs met to discuss options on ownership of the trail and how to access the wall. In the end, it was agreed that ownership of the trail would be Terra Springs and Terra Springs would need to dedicate access easements for wall maintenance to the City. Also, Terra Springs would pay the City Park and Trail Dedication fees, that were required at the time of development less the balance of a trail fund, that was deposited to the City by the Developer. The amount being paid to the City by the Terra Springs for Park and Trail dedication, would be $220,124. The City hired a surveyor to describe the wall access easements across and included easements where the trail encroached onto city property. The City attorney prepared six wall access agreements and four sidewalks agreements for the properties in the Terra Springs Development, which all have signed and returned to the City. RECOMMENDATION It is recommended that Council approve sign the Wall Access agreements and the sidewalk agreements and accept the Park and Trail dedication fee amount of $220,124. By accepting the Park and Trail Dedication fee, ownership and maintenance of the of the Trail would belong to Terra Springs. ACTION REQUIRED If council Agrees with the recommendation they should pass motion to approve and sign the Terra Springs wall access and sidewalk easements and accept the Park and Trail Dedication fee from Terra Springs in the amount of $220,124. EASEMENT"A" C uJ Cj c soNvds S6 HrnxDIN x, 21 L -- /i Z F W m w ry 1 bo w m 0 0 o' 0 SCALE IN FEET V K DENOTES EASEMENT TO CITY OF STILLW DENOTES SIDEWALKS EASEMENT FROM CITY / DENOTES FOUND MONUMENT MARKED AND SIZED AS INDICATED HEREON. • DENOTES AN ANGLE POINT IN THE EASEMENT LINE. O DENOTES INTERSECTION OF EASEMENT LINE WITH LOT LINE. W U CO Z H a z Z Zw aza a E aaco va W 05 u W U PERMANENT SIDEWALK EASEMENT City of Stillwater/Engineering/Public Works/2022-1018-112 THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and Terra Springs Master Association, a Minnesota nonprofit corporation ("Association"). WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit A ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the Association's sidewalk is currently located on the City's Property and requires a Sidewalk Easement from the City. NOW THEREFORE, the City in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the Association, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for sidewalk purposes and all such purposes ancillary, incident or related thereto, which may include but is not limited to retaining walls, or other related improvements, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto ("Permanent Easement"), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Pennanent Easement Areas"), attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the Association also include the right of the Association, its contractors, agents and servants: (a) To enter upon the Pennanent Easement Areas at all reasonable times for the 1 purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Areas, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, curb, gutter or other related improvements; and (c) To remove from the Permanent Easement Areas trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Areas; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Areas as the Association and City may deem appropriate. The Association shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Areas or the City's Property prior to the date hereof. The Association and its successors shall hold harmless and indemnify the City, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Areas by the Association, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by the Association or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The City, for itself and its successors and assigns, does hereby warrant to and covenant with the Association, its successors and assigns, that it is well seized in fee of the City's Property described on Exhibit A, the Permanent Easement Areas legally described on Exhibit B and depicted on Exhibit C and has good right to grant and convey the Permanent Easement herein to the Association. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 ASSOCIATION: TERRA SPRINGS MASTER ASSOCIATION By: Ci P ntcd Name: ,kah r„'v,, , f 4gsLf jj er Its: p STATE OF MINNESOTA COUNTY OF 1J V- I On this ' day of did state that s)he is W75 nonprofit corporation, and that )ss. 2022, before me, a Notary Public, personally appeared , to me personally known, who, after being first duly sworn, pert .}- of Terra Springs Master Association, a Minnesota (s)he signed the same on behalf of said nonprofit corporation. This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Pub YQ4ur/ 4 EXHIBIT A LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof. PID: 28.030.20.12.0107 Abstract Property A-5 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREAS Permanent Easement Area No. 1 An easement for sidewalk purposes over, under and across all that part of Outlot B of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Commencing at the northeasterly corner of Lot 1, Block 3, of said recorded plat of TERRA SPRINGS, said northeasterly corner also being the southeasterly corner of said Outlot B; thence on a recorded bearing of North 66 degrees 42 minutes 06 seconds West, along the southerly line of said Outlot B a distance of 92.55 feet to the point of beginning of the easement being described; thence South 75 degrees 00 minutes East 8.41 feet: thence southeasterly along a 31.00 foot radius tangential curve, concave to the southwest, a distance of 14.30 feet, more or less, to said southerly line of said Outlot B; thence westerly along said southerly line 22.44 feet, more or less, to point the of beginning. Easement contains 21 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. Permanent Easement Area No. 2 An easement for sidewalk purposes over, under and across all that part of Outlot B of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Beginning at the northeasterly corner of Lot 2, Block 2, of said recorded plat of TERRA SPRINGS, said northeasterly corner also being a point on the southerly line of said Outlot B; thence on a recorded bearing of South 85 degrees 04 minutes 53 seconds West, along said southerly line of Outlot B a distance of 33.14 feet; thence North 78 degrees 00 minutes East 30.67 feet; thence North 85 degrees 00 minutes East 21.65 feet; thence South 86 degrees 00 minutes East 24,59 feet, more or less, to said southerly line of said Outlot B; thence westerly along said southerly line 43.24 feet, more or less, to the point of beginning. Easement contains 186 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. Permanent Easement Area No. 3 An easement for sidewalk purposes over, under and across all that part of Outlot B of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Commencing at the northwesterly corner of Lot 2, Block 2, of said recorded plat of TERRA SPRINGS, said northwesterly corner also being an angle point in the southeasterly line of said Outlot B; thence on a recorded bearing of North 85 degrees 04 minutes 53 seconds East, along the northerly line of said Lot 3 and along the southerly line of said Outlot B a distance of 28.14 feet to the point of beginning of the easement being described; thence continuing North B-6 85 degrees 04 minutes 53 seconds East along said the southerly line of said Outlot B 36.22 feet; thence North 85 degrees 00 minutes West 8.38 feet; thence South 85 degrees 00 minutes West 17.98 feet; thence southwesterly 10.09 feet, more or less, to point the of beginning. Easement contains 39 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. Permanent Easement Area No. 4 An easement for sidewalk purposes over, under and across all that part of Outlot B of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Commencing at the southwesterly corner of Lot 2, Block 2, of said recorded plat of TERRA SPRINGS, said southwesterly corner also being an angle point on the northeasterly lines of said Outlot B; thence on a recorded bearing of North 35 degrees 34 minutes 35 seconds West, along said northeasterly line of Outlot B, a distance of 165.76 feet, more or less, to an angle point in the easterly line of said Outlot B; thence North 03 degrees 38 minutes 03 seconds West, along said easterly line, 16.00 feet to the point of beginning of the easement being described; thence continuing North 03 degrees 38 minutes 03 seconds West, along said easterly line 43.16 feet; thence South 01 degree 29 minutes 07 seconds West 11.21 feet; thence South 03 degrees 38 minutes 03 seconds East 19.00 feet; thence southerly 13.04 feet, more or less, to the point of beginning. Easement contains 31 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. Permanent Easement Area No. 5 An easement for sidewalk purposes over, under and across all that part of Outlot B of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Commencing at the southwesterly corner of Lot 2, Block 2, of said recorded plat of TERRA SPRINGS, said southwesterly corner also being an angle point on the northeasterly lines of said Outlot B; thence on a recorded bearing of North 35 degrees 34 minutes 35 seconds West, along said northeasterly line of Outlot B, a distance of 134.47 feet to the point of beginning of the easement being described; thence North 40 degrees 00 minutes West 12.51 feet; thence northerly along a 42.27 foot radius tangential curve, concave to the east, a distance 12.89 feet, more or less, to said easterly line of Outlot B; thence southerly along said easterly line 25.27 feet, more or less, to the point of beginning. Easement contains 16 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. B-7 EXHIBIT C DEPICTIONS OF PERMANENT EASEMENT AREAS Permanent Easement Area Nos. 1 and 2 X F Z 0 cn zrp N(i) W � g4K Q. Yy 4 ow to 0 CO 6.3 ILI $ > CO 0 CC N W CO Q E - z z H - W LL 1 o � J y N Ci 1 rri gi 1 EXHIBIT A • 1 C-8 Permanent Easement Area Nos. 3 and 4 0 - 0 tt; 0 F-1 0 C 5 GG - $.5 5 c s s n 7 Oil!!i C t x 'a a o t m ,_ w- a >, o'o «o 00� v 1 j § , n ''s 3 - w LL u 'Q G' E E� $ 2 has 65-` )12 i u � T ii ,24 " 0 3 S 4 d fgy5s '3 4 c'5 = 05 g.54+a.,t3F c ve, 2.E T O xN32,4114 2� ICp�aw,'�GTF0Eic 3 a'a ,1!! gI tz Fu „28E 8 25 ° ` Ems$ 5 - 4 Jac = V, W i 3 4 zzC9S f En a 2r5R2a2E, R rw O O . i 6JC E'nv°, ✓, 1 VI,'1 E r �° � ° L J L:3 ti .3 T i pox F N R501L-Igg-TO L a61 fit - - ma 1 *Jwss U � 9 S C-b�-8 n 4 o YQC o m f4 1i o . $ ❑ '� w �y `d .K �2c o zaz '� li B E = E °� lgE flHUfl : ,p,q s a e `> o S 8 u ArgNEU rEciS {I]1C EXHIBITA-2 0 Z w Q w c 65 C-9 Permanent Easement Area No. 5 F- CD 'P• o rii oi_d 3... .h V g n z— c 7• - o .v" 0-' 0 al O J avp3.g Z. • . • ` 0tr a O • L- 0 C, 0 n S n m L(n`pL Zr.. O ku K O v O r 3 O KK n, _ E v Z 0 1ri 5 , LL Y • ss ea 3 X o n lJ zy G • . -. p c° 2 t 3 G= p. $° ▪ o C i'* N g J - W m^ 1,g-F,g US u � .r L � G n V,i YNCO0Y�� 65 i$y,'u?o I-r�4 O Z • 5 v WpC LJ'LJ II ▪ - 3 E'E'5 e ' N a b • c.Y� n. G 2' of �- C o rcg'S � c • ii3FEl yCwr _ i L J< ; ,,DiW B a�,ry a 2� h 72 uls 112 ; U O i 30 ?I gEm 8 z o • • Z F ti WEs 2 z CL z 2 Q gTa < co C-10 PERMANENT SIDEWALK EASEMENT City of Stillwater/Engineering/Public Works/2022-1018-113 THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between Terra Springs Master Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's sidewalk is currently located on Landowner's Property and requires a Sidewalk Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for sidewalk and right of way purposes and all such purposes ancillary, incident or related thereto, which may include but is not limited to sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto ("Permanent Easement"), under, over, across, through and upon that real property legally described on Exhibit B ("Permanent Easement Area"), attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and 1 restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit B and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: TERRA SPRINGS MASTER ASSOCIATION Printe Name. Its: STATE OF MINNESOTA COUNTY OF )ss. ) On this a day of ' , 2022, before me, a Notary Public, personally appeared f�tlrllnl +re. leci[1{ ttU D Aln e to me personally known, who, after being first duly sworn, did state that (s)he is ipres' + of Terra Springs Master Association, a Minnesota nonprofit corporation , and that (s)he signed the same on behalf of said nonprofit corporation. This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot A, Terra Springs, Washington County, Minnesota PID: 2 8.03 0.20.12.0106 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for public sidewalk purposes over, under and across all that part of OUTLOT A of the recorded plat of 'TERRA SPRINGS, Washington County. Minnesota, described as follows, to wit: Beginning at a point on the northerly line of Lot l , Block 1, of the recorded plat of TERRA SPRINGS, distant 2.27 feet westerly of the northeasterly corner thereof, said northeasterly corner also being the southeasterly most corner of said OUTLOT A; thence on a recorded bearing of South 72 degrees 41 minutes 13 seconds East, along said northerly line, and along the southerly line of said OUTLOT A , a distance of, 2.27 feet to said southeasterly most corner thereof; thence North 08 degrees 36 minutes 08 seconds East along the easterly line of said OUTLOT A, 60.70 feet. more or less, to the northeasterly most corner thereof; thence North 72 degrees 41 minutes 13 seconds West along the northerly line of said OUTLOT A, 2.60 feet; thence South 08 degrees 17 minutes 22 seconds West 60.75 feet, more or less, to the point of beginning. Easement parcel contains 146 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. B-1 ACCESS EASEMENT FOR RETAINING WALL City of Stillwater/Engineering/Public Works/2022-1018-114 THIS PERMANENT ACCESS EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between Terra Springs Master Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit B ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's Property contains a retaining wall ("Retaining Wall") that the City needs to gain access to through Landowner's Property for purposes of maintenance and repair and therefore, an Access Easement is required from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for access ("Permanent Easement") under, over, across, through and upon the real property legally described on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference, for the purpose of providing access to maintain and repair the Retaining Wall on City's Property. EXEMPT FROM STATE DEED TAX 1 The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of accessing, maintaining and repairing the Retaining Wall; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, use and maintenance of the Permanent Easement Area; and (c) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City shall restore, repair or replace any obstructions it removes or damages that occur while using the Permanent Easement Area and restore the Permanent Easement Area to as good or better condition. Only City, its contractors, agents and servants shall use this Permanent Easement and it shall not be held out to members of the public as a public sidewalk, right of way or public easement. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit C and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: TERRA SPRINGS MASTER ASSOCIATION Prince Name:J� Its: Y/�i..4ed STATE OF MINNESOTA COUNTY OF AiLl16-1) )ss. ahler On this F ) day of t *4-- 2022, before me, a Notary Public, personally appeared Je a_li, n i i e /. )e Ja t , to me personally known, who, after being first duly sworn, did state that (s)he is (9 of Terra Springs Master Association, a Minnesota nonprofit corporation , and that (s)he signed the same on behalf of said nonprofit corporation. NANCY R, MANOS NOTARY PUBLIC • MINNESOTA My Commission Expires Jen. 31, 2025 This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Publi hva4/0- 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot A, Terra Springs, Washington County, Minnesota PID: 2 8.03 0.20.12.0106 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof PID: 2 8.03 0.20.12.0107 Abstract Property B-1 EXHIBIT C LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for access purposes, over, under and across all that part of Outlot A of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, lying easterly of the easterly lines of Lots 1 and 3, Block 2, of said TERRA SPRINGS, as said easterly lot lines are extended across said Outlot A. Easement parcel contains 74889 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. C-1 ACCESS EASEMENT FOR RETAINING WALL_ City of Stillwater/Engineering/Public Works/2022-1018-115 THIS PERMANENT ACCESS EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between 610 North Main Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit B ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's Property contains a retaining wall ("Retaining Wall") that the City needs to gain access to through Landowner's Property for purposes of maintenance and repair and therefore, an Access Easement is required from Landowner. NOW THEREFORE, Landowner in consideration of the suin of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for access ("Permanent Easement") under, over, across, through and upon the real property legally described on Exhibit C and depicted on Exhibit D ("Permanent Easement Area"), attached hereto and incorporated herein by reference, for the purpose of providing access to maintain and repair the Retaining Wall on City's Property. EXEMPT FROM STATE DEED TAX 1 The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the -Permanent Easement Area at all reasonable times for -the purposes of accessing, maintaining and repairing the Retaining Wall; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, use and maintenance of the P.rrmanent Easement Area; and (c) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City shall restore, repair or replace all trees, brush, herbage, aggregate, undergrowth and other obstructions it removes or damages while using the Permanent Easement Area, if so requested by Landowner. Only City, its contractors, agents and servants shall use this Permanent Easement and it shall not be held out to members of the public as a public sidewalk, right of way or public easement. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit C and depicted on Exhibit D and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: 610 NORTH MAIN ASSOCIATION By. J �� Printed inc: V e • t Its' STATE OF OF MINNESOTA COUNTY OFVr1IW&4 )ss. On this 2-3:iay of AtLeid; , 2022, before me, a Notary Public, personally appeared vem b Kkka.k. L5 o me personally known, who, after being first duly sworn, did state that (s)he is T of 610 North Main Association, a Minnesota -nonprofit-corporation, and -that (s)he signedthe same on behalf of said nonprofit corporation. DAWN M. THOREN NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2025 This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 226, Washington County, Minnesota PID: 28.030.20.11.0041 Abstract Property A-5 EXHIBIT B LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof PID: 28.030.20.12.0107 Abstract Property B-6 EXHIBIT C LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for access purposes, over, under and across all that part of Lot One, Block One of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Commencing at the southeasterly corner of said Lot One, Block One, thence on a recorded bearing of North 80 degrees 13 minutes 43 seconds West, along the southerly line of said Lot One a distance of 64.34 feet to the point of beginning of the easement being described; thence North 16 degrees 00 minutes East 6.68 feet: thence North 78 degrees 00 minutes West 2.56 feet; thence South 85 degrees 00 minutes West 3.00 feet; thence North 83 degrees 00 minutes West 6.50 feet; thence North 80 degrees 00 minutes West 9.50 feet; thence North 77 degrees 15 minutes 11 seconds West 8.50 feet; thence North 82 degrees 00 minutes West 9.50 feet; thence North 78 degrees 00 minutes West 27.00 feet; thence North 75 degrees 00 minutes West 10.00 feet; thence North 73 degrees 00 minutes West 6.00 feet; thence North 78 degrees 00 Minutes West 9.00 feet; thence North 69 degrees 00 minutes West 11.00 feet; thence North 75 degrees 00 minutes West 10.00 feet; thence North 70 degrees 00 minutes West 15.00 feet; thence North 73 degrees 00 minutes West 20.00 feet; thence North 75 degrees 00 minutes West 19.97 feet; thence North 89 degrees 00 minutes West 16.44 feet; thence South 87 degrees 00 minutes West 12.82 feet; thence North 88 degrees 23 minutes 39 seconds West 7.76 feet; thence South 89 degrees 00 minutes West 13.29 feet; thence North 80 degrees 00 minutes West 14.79 feet, more or less, to the westerly line of said Lot One; thence South 17 degrees 18 minutes 47 seconds West, along said westerly line, 10.1.8 feet, more or Jess, to the _southwesterly comer thereof; thence South 80 degrees 13 minutes 43 seconds East, along the southerly line of said Lot One, 231.45 feet, more or less, to the point of beginning. Easement contains 2576 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. C-7 EXHIBIT D DEPICTION OF PERMANENT EASEMENT AREA D-8 PERMANENT SIDEWALK EASEMENT City of Stillwater/Engineering/PublicWorks/2022-1018-116 THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between 610 North Main Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's sidewalk is currently located on Landowner's Property and requires a Sidewalk Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the foliowing PERMANENT EASEMENT DESCRIPTION A permanent easement for sidewalk and right of way purposes and all such purposes ancillary, incident or related thereto, which may include but is not limited to sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto ("Permanent Easement"), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: 1 (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit B and depicted on Exhibit C and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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. 2 [Remainder of this page has been intentionally left blank] 3 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City -Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 4 LANDOWNER: 610 NORTH MAIN ASSOCIATION By: V` Printed Name: k A) ea VI Its: ? nit.,; C�p-- STATE OF MINNESOTA COUNTY OF v iiJC r•J )ss. On this 2Ja of f �j , 2022, before me, a Notary Public, personally appeared "�T1-# -1 , to me personally known, who, after being first duly sworn, did state that (s)he is fiRlam J I of 610 North Main Association, a Minnesota nonprofit corporation, and that (s)he signed the same on behalf of said rionprurit corporation. DAWN M. THOREN NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2025 0 S This instrument was drafted by and after recording, please return to: Korrne L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 5 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 226, Washington County, Minnesota P ID : 28.03 0.20.11.0041 Abstract Property A-6 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for public sidewalk purposes over, under and across all that part of Lot 1 Block 1 of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Commencing at the southeasterly corner of said Lot 1, Block 1, of the recorded- plat of TERRA SPRINGS, thence on a recorded bearing of North 08 degrees 36 minutes 08 seconds East, along the easterly line of said Lot 1, a distance of. 50.85 feet to the point of beginning of the easement being described; thence continuing North 08 degrees 36 minutes 08 seconds East, along said easterly line, 89.60 feet, more or less, to the northeasterly corner thereof; thence North 72 degrees 41 minutes 13 seconds West along the northerly line of said Lot 1 a distance 2.27 feet; thence South 08 degrees 17 minutes 22 seconds West 11.97 feet; thence South 82 degrees 11 minutes 10 seconds East 1.10 feet; thence South 07 degrees 48 minutes 50 seconds West 78.00 feet, more or less, to the point of beginning. Easement parcel contains 68 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. B-7 EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA C-8 ACCESS EASEMENT FOR RETAINING WALL City of Stillwater/PublicWorks/Engineering/2022- 1018- 117 THIS PERMANENT ACCESS EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between 620 North Main Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit B ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's Property contains a retaining wall ("Retaining Wall") that the City needs to gain access to through Landowner's Property for purposes of maintenance and repair and therefore, an Access Easement is required from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for access ("Permanent Easement") under, over, across, through and upon the real property legally described on Exhibit C and depicted on Exhibit D ("Permanent Easement Area"), attached hereto and incorporated herein by reference, for the purpose of providing access to maintain and repair the Retaining Wall on City's Property. EXEMPT FROM STATE DEED TAX 1 The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Pennanent Easement Area at all reasonable times for the purposes of accessing, maintaining and repairing the Retaining Wall; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, use and maintenance of the Permanent Easement Area; and (c) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City shall restore, repair or replace all trees, brush, herbage, aggregate, undergrowth and other obstructions it removes or damages while using the Permanent Easement Area, if so requested by Landowner. Only City, its contractors, agents and servants shall use this Permanent Easement and it shall not be held out to members of the public as a public sidewalk, right of way or public easement. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit C and depicted on Exhibit D and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: 620 NORTH MAIN ASSOCIATION BY: Printed Name: 1),e 11 I - 2 1- w- Its. Pr s + -<4A STATE OF MINNESOTA COUNTY OF WASHINGTON )ss. ) On this 2-`4 day of J, 2022, before me, a Notary Public, personally appeared NE-± 1- +A , to me personally, known, who, after being first duly sworn, did sate that (s)he is _ 1 of 620 Main Association, a Minnesota nonprofit corporation, and that (s)he signed the name on behalf of said nonprofit corporation. DAWN M. THOREN NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2025 This instrument was drafted by And after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651-451-1831 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 227, Washington County, Minnesota PID: 28.030.20.12.0346 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof PID: 28.030.20.12.0107 Abstract Property B-1 EXHIBIT C LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for access purposes, over, under and across all that part of Lot One, Block Two of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Beginning at the southeasterly corner of said Lot One, Block Two, thence on a recorded bearing of North 17 degrees 18 minutes 47 seconds East, along the easterly line of said Lot One 15.48 feet; thence westerly 18.13 feet along a 200.31 foot radius non -tangential curve, concave to the south, central angle 05 degrees 11 minutes 11 seconds, the chord of said curve having a distance of 18.13 feet and a bearing of North 80 degrees 06 minutes 27 seconds West; thence North 82 degrees 42 minutes 03 seconds West, tangent to said curve, 12.78 feet; thence North 76 degrees 00 minutes West 28.29 feet; thence westerly 10.05 feet along a 52.35 foot radius tangential curve, concave to the north, central angle 11 degrees 00 minutes; thence North 65 degrees 00 minutes West, tangent to said curve, 21.31 feet; thence North 71 degrees 00 minutes West 14.86 feet; thence westerly 42.08 feet along a 482.19 foot radius tangential curve, concave to the south, central angle 05 degrees 00 minutes; thence North 76 degrees 00 minutes West, tangent to said curve, 10.67 feet; thence North 81 degrees 00 minutes West 10.90 feet; thence North 77 degrees 00 minutes West 22.00 feet; thence North 64 degrees 00 minutes West 10.00 feet; thence North 67 degrees 00 minutes West 8.20 feet; thence North 62 degrees 00 Minutes West 15.76 feet, more or less, to the westerly line of said Lot One; thence South 17 degrees 18 minutes 47 seconds West along said westerly line of Lot One 43.38 feet, more or less to the southwesterly corner thereof; thence South 80 degrees 13 minutes 43 seconds East along the southerly line of said Lot One 225.72 feet, more or less, to the point of beginning. Easement contains 5892 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. C-1 EXHIBIT D DEPICTION OF PERMANENT EASEMENT AREA 1 5 3 4 a i E 11 7 • STACK LAND SURVEYING EXHIBIT A D-1 ACCESS EASEMENT FOR RETAINING WALL City of Stillwater/Engineering/PublicWorks/2022-1018-118 THIS PERMANENT ACCESS EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between Terra Springs Three Homeowners Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit B ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's Property contains a retaining wall ("Retaining Wall") that the City needs to gain access to through Landowner's Property for purposes of maintenance and repair and therefore, an Access Easement is required from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for access ("Permanent Easement") under, over, across, through and upon the real property legally described on Exhibit C and depicted on Exhibit D ("Permanent Easement Area"), attached hereto and incorporated herein by reference, for the purpose of providing access to maintain and repair the Retaining Wall on City's Property. EXEMPT FROM STATE DEED TAX 1 The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of accessing, maintaining and repairing the Retaining Wall; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, use and maintenance of the Permanent Easement Area; and (c) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City shall restore, repair or replace any obstructions it removes or damages that occur while using the Permanent Easement Area and restore the Permanent Easement Area to as good or better condition. Only City, its contractors, agents and servants shall use this Permanent Easement and it shall not be held out to members of the public as a public sidewalk, right of way or public easement. The City and its successors shall hold haiiiiless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit C and depicted on Exhibit D and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: TERRA SPRINGS THREE HOMEOWNERS ASSOCIATION By: STATE OF MINNESOTA COUNTY OF On this l Dk day o 1-eo C9eiI c� did state that s e is )ss. r\ ) () 1�e5'Oen4- Minnesota nonprofit corporation, and that (s)he signed the same on behalf of said nonprofit corporation. , 2022, before me, a Notary Public, personally appeared , to me personally known, who, after being first duly sworn, of Terra Springs Three Homeowners Association, a This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 )OA,Li Jk Notary Public 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 243, Washington County, Minnesota PID: 28.030.20.12.0298 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof PID: 28.030.20.12.0107 Abstract Property B-1 EXHIBIT C LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for access purposes, over, under and across all that part of Lot Two, Block Two of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Beginning at the southeasterly corner of said Lot Two, Block Two, thence on a recorded bearing of North 17 degrees 18 minutes 47 seconds East, along the easterly line of said Lot Two 43.38 feet; thence North 62 degrees 00 minutes West 0.15 feet; thence westerly 7.99 feet along a 25.43 foot radius tangential curve, concave to the northeast, central angle 18 degrees 00 minutes; thence North 44 degrees 00 minutes West, tangent to said curve, 25.90 feet; thence northwesterly 29.95 feet along a 143.00 foot radius tangential curve, concave to the southwest, central angle 12 degrees 00 minutes; thence North 56 degrees 00 seconds West, tangent to said curve, 11.40 feet; thence North 71 degrees 00 minutes West 2.05 feet; thence northwesterly 17.62 feet along a 84.12 radius tangential curve, concave to the northeast, central angle 12 degrees 00 minutes; thence North 59 degrees 00 minutes West, tangent to said curve, 6.51 feet; thence northwesterly 27.48 feet along a 82.87 foot radius tangential curve, concave to the northeast, central angle 19 degrees 00 minutes; thence North 40 degrees 00 minutes West, tangent to said curve, 6.67 feet; thence northerly 19.52 feet along a 36.07 radius tangential curve, concave to the Northeast, central angle 31 degrees 00 minutes; thence North 09 degrees 00 minutes West, tangent to said curve, 10.94 feet; thence North 07 degrees 00 minutes West 16.00 feet; thence North 04 degrees 00 minutes West 14.96 feet; thence northerly 16.47 feet along a 62.92 foot radius tangential curve, concave to the east, central angle 15 degrees 00 minutes; thence North 11 degrees East, tangent to said curve, 9.77 feet; thence North 10 degrees East 8.87 feet; thence northeasterly 27.16 feet along a 62.97 foot radius tangential curve, concave to the east, central angle 24 degrees 43 minutes; thence northerly 63.80 feet along a 114.18 foot radius reverse curve, concave to the west, central angle 32 degrees 00 minutes 49 seconds; thence North 02 degrees 42 minutes 11 seconds East, tangent to said curve, 21.42 feet; thence northeasterly 56.46 feet along a 119.82 foot radius non -tangential curve, concave to the east, central angle 27 degrees 00 minutes, the chord of said curve having a distance of 55.94 feet and a bearing of North 23 degrees 30 minutes East; thence North 37 degrees 00 minutes East, tangent to said curve, 3.95 feet; thence northeasterly 10.06 feet along a 36.00 foot radius tangential curve, concave to the southeast, central angle 16 degrees 00 minutes 53 seconds; thence North 53 degrees 00 minutes 53 seconds East, tangent to said curve, 9.82 feet; thence North 43 degrees 00 minutes East 8.06 feet; thence northeasterly 15.47 feet along a 26.06 foot radius tangential curve, concave to the southeast, central angle 34 degrees 00 minutes; thence North 77 degrees 00 minutes East, tangent to said curve, 5.63 feet; thence North 85 degrees East 17.00 feet; thence South 85 degrees East 9.91 feet; thence South 87 degrees 00 minutes East 7.00 feet; thence South 83 degrees 00 minutes East 18.00 feet; thence South 84 degrees 00 seconds East 17.84 feet; thence North 70 degrees 30 minutes East 22.58 feet; thence North 76 degrees 00 minutes East 22.10 feet; thence North 78 degrees 00 minutes East 23.80 feet; thence North 85 degrees 00 minutes East 1.33 feet, more or less, to said easterly line of Lot Two; thence North 17 degrees 18 minutes 47 seconds East, along said easterly line, 2.61 feet, more or less, to the northeasterly corner of said Lot Two; thence South 85 degrees 04 minutes 53 seconds West along the northerly line of said Lot Two 177.01 feet to an angle point in said northerly line; thence South 36 degrees 31 minutes 03 seconds West along the westerly line of said Lot Two 124.26 feet to an C-1 angle point in the westerly line of said Lot Two; thence South 03 degrees 38 minutes 03 seconds East along said westerly line of Lot Two 172.13 feet to an angle point in said westerly line; thence South 35 degrees 34 minutes 35 seconds East along the southwesterly line of said Lot Two 165.76 feet to the southwesterly corner thereof; thence South 80 degrees 13 minutes 43 seconds East along the southerly line of said Lot Two 11.09 feet to the point of beginning. Easement contains 11524 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. C-2 EXHIBIT D DEPICTION OF PERMANENT EASEMENT AREA I` m w w (31E10E111 JV3)DJIJ NOUI .01 oNrOd.i OML N003e'0ML 10 I i0 yiNCli) is D-1 ACCESS EASEMENT FOR RETAINING WALL City of Stillwater/Engineering/Public Works/2022-1018-119 THIS PERMANENT ACCESS EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between Territorial Place Community Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit B ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's Property contains a retaining wall ("Retaining Wall") that the City needs to gain access to through Landowner's Property for purposes of maintenance and repair and therefore, an Access Easement is required from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for access ("Permanent Easement") under, over, across, through and upon the real property legally described on Exhibit C and depicted on Exhibit D ("Permanent Easement Area"), attached hereto and incorporated herein by reference, for the purpose of providing access to maintain and repair the Retaining Wall on City's Property. EXEMPT FROM STATE DEED TAX 1 The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of accessing, maintaining and repairing the Retaining Wall; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, use and maintenance of the Permanent Easement Area; and (c) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City shall restore, repair or replace any obstructions it removes or damages that occur while using the Permanent Easement Area and restore the Permanent Easement Area to as good or better condition. Only City, its contractors, agents and servants shall use this Permanent Easement and it shall not be held out to members of the public as a public sidewalk, right of way or public easement. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit C and depicted on Exhibit D and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: TERRITORIAL PLACE COMMUNITY ASSOCIATION By: Prince Name:5,.4/0.44P Its: /i(24 p #'4s STATE OF MINNESOTA )ss. COUNTY OF On thisay of , 2022, before me, a Notary Public, personally appeared , to me personally known, who, after being first duly sworn, -es3l hJ4 of Territorial Place Community Association, a Minnesota nonprofit corporation, and that (s)he signed the same on behalf of said nonprofit corporation. did state that (s)he is This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 Notary Public 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 242, Washington County, Minnesota PID: 28.030.20.12.0169 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof PID: 28.030.20.12.0107 Abstract Properly B-1 EXHIBIT C LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for access purposes, over, under and across all that part of Lot Three, Block Two of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Beginning at the northwesterly corner of said Lot Three, Block Two, thence on a recorded bearing of South 17 degrees 18 minutes 47 seconds West, along the westerly line of said Lot Three 2.61 feet; thence North 85 degrees 00 minutes East 19.46 feet; thence South 86 degrees 00 minutes East 20.74 feet; thence South 72 degrees 30 minutes East 74.21 feet; thence easterly 11.81 feet along a 22.94 foot radius tangential curve, concave to the north, central angle 29 degrees 30 minutes; thence North 78 degrees 00 minutes East, tangent to said curve, 18.66 feet; thence easterly 16.06 feet along a 46.00 foot radius tangential curve, concave to the northwest, central angle 20 degrees 00 minutes; thence 38.15 feet along a 53.31 foot radius reverse curve, concave to the south, central angle 41 degrees 00 minutes; thence South 81 degrees 00 minutes East, tangent to said curve, 24.49 feet; thence South 77 degrees 00 minutes East 14.53 feet, more or less, to the easterly line of said Lot Three; thence North 17 degrees 18 minutes 47 seconds East, along said easterly line, 32.19 feet to the northeasterly corner of said Lot Three; thence North 66 degrees 42 minutes 06 seconds West along the northerly line of said Lot Three 10.06 feet to an angle point in said northerly line; thence South 85 degrees 04 minutes 53 seconds West, along said northerly line, 230.93 feet to the point of beginning. Easement contains 5206 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. C-1 EXHIBIT D DEPICTION OF PERMANENT EASEMENT AREA F 0 NE CORNER OF LOT THREI _, + CJ .J U 0 0C -1 'c v 0 0 0 5 ^� c ? C C a 3 0 U 1$07. vi W a z O 0 - PER THE RECORDED PLAT OF LLJ W N W CO D N V = 0 co 4" W co > O m O occ L U7 �zM a J v z a < 5 ) >- a, u_ Q d W N� D-1 ACCESS EASEMENT FOR RETAINING WALL City of Stillwater/Engineering/Public Works/2022-1018-120 THIS PERMANENT ACCESS EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between 650 North Main Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City owns real property situated within Washington County, Minnesota as described on Exhibit B ("City's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's Property contains a retaining wall ("Retaining Wall") that the City needs to gain access to through Landowner's Property for purposes of maintenance and repair and therefore, an Access Easement is required from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for access ("Permanent Easement") under, over, across, through and upon the real property legally described on Exhibit C and depicted on Exhibit D ("Permanent Easement Area"), attached hereto and incorporated herein by reference, for the purpose of providing access to maintain and repair the Retaining Wall on City's Property. EXEMPT FROM STATE DEED TAX 1 The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of accessing, maintaining and repairing the Retaining Wall; and (b) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, use and maintenance of the Permanent Easement Area; and (c) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City shall restore, repair or replace any obstructions it removes or damages that occur while using the Permanent Easement Area and restore the Permanent Easement Area to as good or better condition. Only City, its contractors, agents and servants shall use this Permanent Easement and it shall not be held out to members of the public as a public sidewalk, right of way or public easement. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit C and depicted on Exhibit D and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: 650 NORTH MAIN ASSOCIATION By: JG�/[,L�^�.r► Printed ame: 1-,e IwoM , 6..4 nCA*1 Its: r,r+- ��F �r�► STATE OF MINNESOTA )ss. COUNTY OF On this 1 �l' day of did state that (s)he is VfP_ ►1 , 2022, before me, a Notary Public, personally appeared , to me personally known, who, after being first duly sworn, of 650 North Main Association, a Minnesota nonprofit corporation, and that (s)he signed the same on behalf of said nonprofit corporation. -. .flrr :lf,!l/✓J.rrr.T4'rl�.rl ,f/' 1 40. S �;; :.A NANCY R. MANOS tCannnbalon E�het Jen 31, 2025 l ✓rirsrrrtr�r✓r✓rryr�rrrl/r. This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 279, Washington County, Minnesota PID: 28.030.20.11.0050 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF CITY'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded plat thereof PID: 28.030.20.12.0107 Abstract Property B-1 EXHIBIT C LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for access purposes, over, under and across all that part of Lot One, Block Three of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Beginning at the northwesterly corner of said Lot One, Block Three, thence on a recorded bearing of South 17 degrees 18 minutes 47 seconds West, along the westerly line of said Lot One 25.98 feet; thence easterly 11.43 feet along a 26.09 foot radius non -tangential curve, concave to the north, central angle 25 degrees 06 minutes 35 seconds, the chord of said curve having a distance of 11.34 feet and a bearing of South 74 degrees 16 minutes 20 seconds East; thence South 75 degrees 00 minutes East, not tangent to said curve, 12.09 feet; thence South 80 degrees 00 minutes East 12.67 feet; thence South 68 degrees 00 minutes East 13.00 feet; thence South 67 degrees 00 minutes East 18.00 feet; thence South 67 degrees 00 minutes East 17.96 feet; thence easterly 26.65 feet along a 76.36 foot radius tangential curve, concave to the north, central angle 20 degrees 00 minutes; thence South 87 degrees 00 minutes East, tangent to said curve, 18.20 feet; thence easterly 5.78 feet along a 27.57 foot radius tangential curve, concave to the south, central angle 12 degrees 00 minutes; thence South 75 degrees 00 minutes East, tangent to curve, 11.52 feet; thence easterly 17.22 feet along a 24.66 foot radius tangential curve, concave to the south, central angle 40 degrees 00 minutes; thence South 35 degrees 00 minutes East, tangent to said curve, 3.62 feet; thence southeasterly 7.88 feet along a 50.13 foot radius tangential curve, concave to the southwest, central angle 09 degrees 00 minutes; thence South 26 degrees 00 minutes East, tangent to said curve, 6.13 .feet; thence South 43 degrees 00 minutes East 12.00 feet; thence South 59 degrees 00 minutes East 13.00 feet; thence South 74 degrees 00 minutes East 34.68 feet, more or less, to the easterly line of said Lot Three; thence North 08 degrees 36 minutes 08 seconds East 21.90 feet to the northeasterly corner of said Lot Three; thence North 66 degrees 42 minutes 06 seconds West 230.66 feet along the northerly line of said Lot Three, to the point of beginning. Easement contains 4154 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. C-1 EXHIBIT D DEPICTION OF PERMANENT EASEMENT AREA A* , a ±R : 2!0 •0 - »� = 1H• / )E1' , . 13006 4c / ) } U1 D-1 PERMANENT SIDEWALK EASEMENT City of Stillwater/Engineering/Public Works/2022-1018-121 THIS PERMANENT SIDEWALK EASEMENT ("Easement") is made, granted and conveyed this day of , 2022, by and between 650 North Main Association, a Minnesota nonprofit corporation ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City's sidewalk is currently located on Landowner's Property and requires a Sidewalk Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, forever the following: PERMANENT EASEMENT DESCRIPTION A permanent easement for sidewalk and right of way purposes and all such purposes ancillary, incident or related thereto, which may include but is not limited to sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto ("Permanent Easement"), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C ("Permanent Easement Area"), attached hereto and incorporated herein by reference. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes 1 of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants, rights -of -way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. The City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys' fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner's Property described on Exhibit A, the Permanent Easement Area legally described on Exhibit B and depicted on Exhibit C and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement 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 this page has been intentionally left blank] 2 IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER By: Ted Kozlowski Mayor By: Beth Wolf City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of , 2022, 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 the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 3 LANDOWNER: 650 NORTH MAIN ASSOCIATION By N Lse.• • •-.-` Printed lame• - ihe., f) b n C a Y1 Its: ,r .e S STATE OF MINNESOTA )ss. COUNTY OF On this OIL of S+ , 2022, before me, a Notary Public, personally appeared Srtq h elk AA.. b t& --,c, ‘1.-1 , to me personally known, who, after being first duly sworn, did state that (s)he is re i t61Q i&d of 650 North Main Association, a Minnesota nonprofit corporation, and at (s)he signed the same on behalf of said nonprofit corporation. NANCY R. MANOS NOTARY PUBUC • MINNESOTA ti ,n ; •: ` My Conpn18sbn Whom km31, 2025 ` r1.s'rrrrir• • •-tr.�l,.,eY,l This instrument was drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 4 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in Washington County, Minnesota, legally described as follows: Common Elements, Common Interest Community No. 279, Washington County, Minnesota PID: 28.030.20.11.0050 Abstract Property A-1 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA An easement for public sidewalk purposes over, under and across all that part of Lot 1 Block 3 of the recorded plat of TERRA SPRINGS, Washington County. Minnesota, described as follows: Beginning at a point in the northerly line of said Lot 1, Block 3, of the recorded plat of TERRA SPRINGS, distant 6.53 feet westerly of the northeasterly corner thereof; thence on a recorded bearing of South 66 degrees 42 minutes 06 seconds East, along said northerly line, 6.53 feet to said northeasterly corner thereof; thence South 08 degrees 36 minutes 08 seconds West along the easterly line of said Lot 1 a distance of 220.29 feet, more or less, to the southeasterly corner thereof; thence North 72 degrees 41 minutes 13 seconds West along the southerly line of said Lot 1 a distance of 2.60 feet; thence North 07 degrees 38 minutes 01 seconds East 221.58 feet, more or less, to the point of beginning. Easement parcel contains 980 square feet, more or less, subject to and together with any other valid easements, reservations or restrictions. B-1 EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA C-1