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2022-12-06 CC Agenda Packet
Downtown Parking District Revised Fee Schedule Discussion December 6, 2022 C i t y o f S t i l l w a t e r Requested Action •Broad Policy Direction (do you want to ask the question?) •Public Engagement Authorization •Return in 30-60 Days for Formal Action C i t y o f S t i l l w a t e r Supporting Policy Documents •City Council Strategic Plan (2022) •Downtown Parking Study/Downtown Parking Commission Work Plan (2019) •Economic Development Authority (EDA) Business Visits C i t y o f S t i l l w a t e r Existing Conditions •75% of System is Free •$450,000 annually to operate system •Aging infrastructure & payment systems C i t y o f S t i l l w a t e r Comprehensive Financial Report (2022) C i t y o f S t i l l w a t e r Property Tax Funded Scenario •3% increase in Property Tax (existing system) •Based on Annual Existing Expenses = $450,000 •$50 Annually on Median Valued Home •3% increase in Property Tax (planned expansion) •Based on Potential Additional Annual Expenses = $400,000 •Future Ramp Debt Service, additional capital maintenance, staffing, etc. •$50 Annually on Median Valued Home C i t y o f S t i l l w a t e r C i t y o f S t i l l w a t e r C i t y o f S t i l l w a t e r Goals of Modernizing Parking District •Change Parking Behavior/Improve User Experience •Implement Strategic Operational Enhancements •Implement Strategic Capital Expansions C i t y o f S t i l l w a t e r Strategies to Achieve Goals •Improve User Experience •Cleaner facilities (facilities management) •Safer facilities (public safety) •Downtown Ambassadors (enforcement) •Replace Business Mitigation Permit with End User Fee (parker) •Fund increasing gap of deferred maintenance needs •Fund capacity expansion plans (future lots/ramp) C i t y o f S t i l l w a t e r Phase 1: Modernizing Payment Options (underway) •Passport Application Demonstration •License-Plate Based Credit Card Kiosk Replacement Passport Payment Application Demonstration Potential Future Parking Enhancements C i t y o f S t i l l w a t e r Phase 2: Strategic Expansion (potential) Preliminary Assumptions •60% paid/40% free •Smaller Payment Increments/Flexibility •Free Short-Term Loading Zones/Drop Off & Pick Up Zones •Free until 10:00 a.m. •Downtown Employee Parking C i t y o f S t i l l w a t e r What does it look like? •Signage •Kiosks •Mobile Phone Payment •Do not need to sign individual stalls –License Plate Based C i t y o f S t i l l w a t e r Are there other options? 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us NOTE: Public can participate in person at City Hall, online at www.zoomgov.com or call 1-646-828-7666 and enter the meeting ID number: 161 843 8759 or watch live on the city website or on local Channel 16. Public comments can be emailed to stillwater@ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING December 6, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Downtown Parking District Rates Discussion 2. Steam Engine 328 Discussion IV. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator 11. IT Manager 12. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Certificate of Appreciation Retirement – John Nobles, Paid on Call Assistant Fire Chief – Resolution 14. Certificate of Appreciation Retirement – Jeff Roettger, Paid on Call Firefighter Engineer – Resolution 15. Stillwater Fire Department Oath of Duty Presentation – Katie Hawke 16. Proclamation – Stillwater High School Girls Swimming & Diving Team Player Sydney Dettmann 17. Certificate of Appreciation – Ashley Borchardt X. OPEN FORUM – open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 18. November 15, 2022 Special Meeting and Regular Meeting Minutes 19. Payment of Bills 20. 2023-2025 Labor Agreement with LELS Local 254 Police Sergeants – Resolution 21. 2023-2025 Labor Agreement with LELS Local 257 Police Officers – Resolution Page 2 of 2 City Council Meeting Agenda December 6, 2022 22. Ballfield Fencing at Public Works Park and Millbrook Park – Resolution 23. Certification of Sewer and Water Charges – Resolution 24. GIS Technician Position 25. Liquor Licenses Renewal for 2023 – Resolution 26. Long Lake Villas TIF #8 Settlement Agreement 27. Modifying City of Stillwater Employment Policy Manual – Resolution XII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 28. Case 2022-79 to consider amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non-conforming sturctures – Ordinance 1st reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. Resubdivision of 3483 87th Street North in Nottingham Village – Withdrawn by Applicant 30. World Snow Sculpting Event Contract and Temporary Liquor License 31. Ice Skating Rink in City Parking Lot #4 32. Truth in Taxation Presentation for 2023 Budget & Tax Levy – 2 Resolutions 33. County Road 5 Phase 2 Improvement Project Approval of Plans & Specs and Advertise for Bids – Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Snacks for concessions 1,377.30 Advance Auto Parts Supplies 109.62 Advanced Sportswear Uniforms 444.00 All Traffic Solutions Speed display feedback 13,960.00 ALPHA Training Paraclete Shields 6,262.48 AT&T Mobility 8509 Cell phone 77.19 AutoNation Hub cap 58.20 Becker Fire Safety Services LLC Fire extinguisher service 821.85 Bolton & Menk Inc. 72nd St Rd & Trl 14,318.45 Campion Barrow & Associates Law enforcement testing 455.00 Canteen Refreshment Services Concession supplies 894.13 CDW Government Inc. Computer Equipment 3,104.15 Cintas Corporation Uniforms & mats 344.82 City of St. Paul Asphalt 1,070.88 CivicPlus Municode supplement pages 2,109.00 Coca-Cola Distribution Beverages for concessions 498.22 Comcast TV Internet & Voice 1,467.95 Corval Constructors Replace water heater 12,734.82 Crysteel Truck Equip Equipment repair supplies 125.88 Cub Foods Beverages for concessions 63.21 Dalco Janitorial supplies 2,049.53 Defensive Edge Training & Training 1,100.00 DVS Renewal Tabs 23.25 ECM Publishers Publications 290.89 ECSI System Integrators Equipment repair 180.00 Eng Michael Reimburse for mileage to training 23.63 Ferguson Waterworks #2518 Meter 1,137.50 FleetPride Equipment repair supplies 325.23 Fleischhaker Dave Reimburse for work boots 190.00 Force America Cable 42.86 Fury Motors Equipment repair supplies 36.86 Golden Expert Services Janitor Service 4,000.00 Goodin Company Burkat Genesis 18,704.00 Goodyear Commercial Tire Tires 1,350.32 Grainger Tools & equipment 1,422.87 Granicus Inc Qtrly web streaming service 2,123.31 Group Medicareblue RX Retiree Prescriptions Ins 9,646.00 Guardian Supply Uniforms 2,308.10 H&L Mesabi Blades 4,998.00 Heritage Printing Inc. Checks 994.53 Holiday Stationstores Circle K Vehicle washes 120.00 Holiday Stationstores Circle K Credit Fuel 103.34 Hudson Rod Gun & Archery Club Range rental 3,547.50 Huebsch Service Mat cleaning service 708.81 Ice Sports Industry Skater Membership 180.00 Page 2 Intoximeters Equipment repair charges 272.95 J.P. Cooke Co. Lic tags 149.95 Jefferson Fire and Safety Inc. Airgas cylinder 297.68 Kofile Technologies Records retention 5,531.22 Krueger's Christmas Trees Wreaths 210.00 LeadsOnline LLC Investigation System Service Package 2,563.00 Legacy Production Group Martin Mac Viper lighting 10,000.00 LegalShield Data Breach Recovery 155.40 Less Lethal VKS PRO Launcher 1,314.00 Linde Gas & Equipment Cylinders 63.33 Lindstrom Solar LLC Solar Energy 2,936.12 Malwarebytes Malwarebytes 10,687.49 Manos Nancy Reimburse for mileage 34.40 Mansfield Oil Company Fuel 12,347.51 Marshall Electric Company Electrician services 1,659.00 Max Todo Marine Services Barge bucket truck for bridge lights 3,650.00 Menards Supplies & tools 1,472.82 Mercury Electric Electrical services 1,370.15 Miller Excavating Utilities improvements repairs 47,103.82 Millz House Flooring at Armory 4,765.00 Minnesota Pump Works Pump repair 721.15 MK Mechanical Inc Preventive Maint Fire Hall 882.85 MN Chiefs of Police Assoc. CLEO & Command Academy 968.00 MN Dept of Health Drinking Water Water Connection Fee 15,491.00 MN Dept of Transportation Inspections and testing 299.87 My Alarm Center Alarm Monitoring Services 110.37 Northland Chemical Corp Shower Power 399.04 Northstar Mudjacking & More Sidewalk repairs 1,960.00 Office Depot Office supplies 75.73 Olsen Chain & Cable Inc. Inspection 814.00 O'Reilly Auto Parts Equipment repair supplies 58.59 Pepsi Beverages Company Beverages for concessions 1,437.91 Pereboom Jesse Reimburse for mileage 13.63 Pioneer Press St. Paul Fire subscription 367.00 Pro-Tec Design Parking ramp cameras 8,620.26 Quill Corporation Office supplies 427.36 Rehn Code Consulting Services Plan Review 1,736.37 Roettger Welding Inc. Pump covers 846.15 Safe Fast Inc Tower harnesses 1,233.80 SEH Inc 2023 Street Project 538.35 Sentry Systems Inc. Alarm monitoring 140.85 SHI International Corp Azure 11,528.50 Shilts Cindy Reimburse for mileage for training 54.99 Simplifile LC Filing Fees 351.75 Sirchie Scales 38.46 Solv- Business Solutions W-2s & 1099s 325.79 St. Croix Recreation Fun Playgrounds Receptacles 19,218.00 Page 3 Standard Spring Parts Equipment repair supplies 2,329.76 Stillwater Motor Company Vehicle service 51.45 T.A. Schifsky and Sons Aggregate 678.75 Titan Machinery Shakopee Equipment repair supplies 3,885.50 TKDA Lily Lake PRV 4,541.75 Tri-State Bobcat Equipment repair supplies 294.19 Twin Cities Dots & Pop Treats for concessions 633.60 Uline Inc Supplies 2,209.90 Valley Trophy Inc. HPC Awards 242.40 Washington County Public Works CSAH 24 Final 10,536.56 Washington County Sheriffs Office Pub Crawl Foot Patrol 10-29-22 2,380.70 Water Conservation Services Inc Water Leak Detection 321.88 Wilson McShane November Premium Chase Friendt 1,345.00 Wruck Sewer & Portable Rental Portable Restroom 1,960.19 WSB & Associates Inc. 2022 Street Imp 1,642.50 York International Corp Equipment repair supplies 40.80 LIBRARY Ace Hardware Supplies 226.35 Amazon Business Supplies & materials 1,162.63 Backgroundchecks.com Background Check 36.15 Bibliotheca LLC Self-check Maintenance Agreement 8,842.00 Brenden Sheri Programs 250.00 Brodart Co Materials 4,543.01 Chan Karen Programs 700.00 Comcast Internet 188.10 Grainger Loading Dock Safety Gate 2,234.22 Huebsch Service Towels & Rugs 133.07 Kaericher Jodi Staff Reimbursement 17.30 KidCreate Studio/Get Messy Programs 300.00 Midwest Tape Materials 619.27 Music Together in the Valley Programs 300.00 Office of MN IT Services Telephone 148.35 Otis Elevator Company Elevator Maint Agreement 638.34 Palen Kimball LLC Roof Upgrade 19,460.00 Parcel Arts LLC Programs 387.00 Pioneer Press St. Paul Materials 1,407.00 Stillwater Gazette Materials 117.95 Survey Monkey Survey Software 384.00 World Book Inc Materials 996.88 Page 4 ADDENDUM Baker Tilly Municipal Advisors 2022 Long Range Financial Plan 3,830.00 Century Link Telephone 494.87 Environmental Systems Research Institute ArcGIS 2,222.00 Goodyear Tire Tire supplies 7.64 Guardian Supply Uniform supplies 188.97 IdentiSys Lanyard badge reel combo 173.40 Image360 Woodbury Sign 177.74 Kress Bradley UB Refund 19.75 Metropolitan Council Monthly Service Availability Charge 7,380.45 MN Shade Tree Training 450.00 Northern Green Training 400.00 NPELRA Membership 155.00 Pioneer Press Publications 54.05 RG Construction Grading Escrow Refunds 3,000.00 Safe Fast Inc Gloves 151.40 Shopbell David UB Refund 29.45 United Rentals Scissor lift rental 1,428.24 Verizon Wireless Wireless Service 3,164.90 WSB & Associates MS4 Services 976.00 Xcel Energy Energy 49,841.64 TOTAL 441,479.34 Adopted by the Stillwater City Council this 6th day of December, 2022 Mayor Ted Kozlowski City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx RESOLUTION AUTHORIZING THE CITY OF STILLWATER TO ACCEPT A DONATION FROM THE STILLWATER AREA BASEBALL ASSOCIATION WHEREAS, the ballfields at Public Works Park and Millbrook Park have fencing needs; and WHEREAS, the Stillwater Area Baseball Association would like to donate funds specifically towards improving these fields fences; and WHEREAS, the City agrees to use funds from the Stillwater Area Baseball Association for improvements for the fencing at Public Works Park and Millbrook Park. NOW THEREFORE, BE IT RESOLVED by the City Council of Stillwater, Minnesota does hereby accepts from the Stillwater Area Baseball Association a donation of a $20,000 payment to the fencing company for the purchase of ballfield fencing improvements at Millbrook Park and Public Works Park. Adopted by the Stillwater City Council this 6th day of December 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk ADD TO CONSENT ITEM #22 DATE: December 5, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Certification of Sewer, Storm, Signs & Lighting Charges BACKGROUND Property or business owners that have a delinquent balance for utilities furnished through June 30, 2022 for Sewer, Storm, Signs & Lighting charges are assessed and placed on their property taxes. The City has provided notice to the property owners stating failure to pay results in the balance being assessed against their property. They had until November 15th to pay the balance. The assessment period is 1 year at an interest rate of 10%. ACTION REQUESTED Council should pass a motion to adopt the attached resolution and assessment roll for sewer and water utility charges. City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx ADOPTING DELINQUENT SEWER, STORM, SIGNS AND LIGHTING UTILITY CHARGES L.I. PROJECT NO. 0001 WHEREAS, it is the policy of the City of Stillwater to certify to the County the delinquent Sewer, Storm, Signs & Lighting utility charges. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, which the attached list constitutes the delinquent Sewer, Storm, Signs & Lighting utility charges and is hereby levied as an assessment against those parcels and the total is $175,458.14. Adopted by the Stillwater City Council this 6th day of December, 2022. CITY OF STILLWATER __________________________ Ted Kozlowski, Mayor ATTEST: ______________________________ Beth Wolf, City Clerk Accounty No. Last Name First Name GEOCODE Amount 005009‐000 MASON NATALIE LUNDEEN & ALEXANDER 28.030.20.34.0124 $86.25 005024‐000 KOENIG RICHIE & CHARITY 28.030.20.33.0083 $577.50 005025‐000 BRAUN ANDREW 28.030.20.33.0125 $205.88 005040‐000 CARDINAL ANTHONY 28.030.20.33.0114 $648.73 005052‐000 RICHEY ANNA 29.030.20.44.0026 $221.45 005061‐000 WILLE SCOTT & JENNIFER 28.030.20.33.0109 $1,042.58 005107‐000 CATT MAELEI 28.030.20.34.0043 $436.16 005116‐000 SCHILLING CHAD & AMY 28.030.20.34.0110 $563.35 005120‐000 NESS AUTUMN 28.030.20.33.0050 $287.43 005156‐000 STOCKNESS NICHOLAS & KELLY 19.030.20.14.0053 $1,151.73 005167‐000 SCHUSTER JIM 19.030.20.22.0014 $233.70 005214‐000 NELSON LEAH & MATT 19.030.20.22.0011 $746.55 005388‐000 LILY LAKE TERRACE APTS 33.030.20.23.0013 $1,046.16 005412‐000 AUGUSTYN PAUL 28.030.20.33.0074 $899.16 005416‐000 CHIAL DEBRA 28.030.20.33.0100 $575.82 005421‐000 HANSON TYLER 29.030.20.44.0020 $955.47 005426‐000 GAVIN JATIN 28.030.20.33.0024 $183.09 005427‐000 RASMUSSEN KRISTINA 28.030.20.33.0022 $362.84 005452‐000 DOWNS JACKSON 29.030.20.44.0046 $328.52 005494‐000 STINER DENNIS 29.030.20.44.0114 $1,021.32 005496‐000 ARMSTONG WILLIAM & VICKIE 29.030.20.44.0116 $906.79 005518‐000 MEINKE JUDE 29.030.20.43.0020 $1,458.99 005523‐000 EICHTEN JOE 29.030.20.43.0027 $620.40 005539‐000 LARSEN KELLY 29.030.20.43.0034 $1,447.97 005541‐000 OSEBY TODD & RENAE 29.030.20.43.0030 $566.15 005551‐000 ZINK ALEXANDER PAUL 29.030.20.43.0047 $589.20 005558‐000 FOGARD RACHEL & BILLIE JO 29.030.20.43.0054 $183.51 005584‐000 NELSON DEAN A & THERESA A 32.030.20.12.0048 $97.16 005607‐000 JOHNSON PATRICIA 32.030.20.11.0017 $565.11 005621‐000 BEEBE BRENDA 28.030.20.23.0113 $574.77 005635‐000 CLARK TOM 28.030.20.32.0086 $746.22 005639‐000 REED RICHARD 28.030.20.32.0125 $1,101.81 005641‐000 LUTH JOEL & MINDY 28.030.20.33.0033 $86.25 005658‐000 DOBSON BRIAN 28.030.20.32.0075 $601.44 005685‐000 LIBERTY NANCY 28.030.20.32.0058 $580.21 005695‐000 DUBORD ERIN 28.030.20.32.0129 $574.87 005699‐000 NEUENFELDT KRISTI 28.030.20.32.0140 $96.65 005714‐000 GRAY JOHN & CAYSI 28.030.20.32.0074 $547.56 005715‐000 JACOBSEN AMANDA 28.030.20.32.0070 $386.90 005720‐000 COOK NINA 28.030.20.34.0007 $572.23 005727‐000 GREEN SHAE 19.030.20.32.0047 $451.31 005738‐000 BEAVERS COREY A 28.030.20.34.0092 $557.43 005775‐000 BEUKE JAMESON 28.030.20.32.0029 $138.25 005792‐000 DANIELS JACQUELINE & SUZANNE 28.030.20.32.0113 $922.83 005839‐000 MCLARNON CHRIS 28.030.20.23.0133 $146.25 005866‐000 CAMPBELL JACK JR & LONNETTE 28.030.20.32.0002 $574.77 005881‐000 MALCHOW DAVID & BECKY 28.030.20.31.0134 $1,342.79 Accounty No. Last Name First Name GEOCODE Amount 005882‐000 JOHNSON JEFFERY 28.030.20.31.0135 $483.28 005913‐000 MCCAFFERTY MICHAEL & JENNIFER 28.030.20.24.0091 $492.53 005920‐000 JOHNSON MICHAEL 28.030.20.31.0048 $423.17 005923‐000 ZACHARIAS PAT & LISA 28.030.20.31.0098 $417.89 005927‐000 HONEBRINK BRIAN E & SERESE A 28.030.20.31.0123 $447.94 005935‐000 STANLEY KENNETH 28.030.20.31.0138 $563.99 005945‐000 ZIMMERMAN KYLE 28.030.20.31.0031 $610.96 005965‐000 STEDT CARRIE 28.030.20.31.0009 $639.54 005994‐000 SMITH RYAN 28.030.20.24.0111 $571.43 006033‐000 LOHMANN HOLLIE 28.030.20.13.0127 $760.69 006046‐000 HUNINGHAKE TOM 28.030.20.42.0070 $270.79 006058‐000 CASEY SEAN 28.030.20.13.0139 $565.11 006097‐000 RUSTAD VICKY SIMON & CHRIS 28.030.20.24.0075 $1,220.77 006113‐000 WETZEL MELISSA ZANMILLER & JACOB 28.030.20.24.0071 $287.83 006128‐000 RESIDENT 28.030.20.23.0047 $86.25 006144‐000 KANE CHERYL 28.030.20.23.0034 $178.96 006157‐000 EKBLAD JEFF 28.030.20.24.0047 $662.20 006168‐000 GARDNER REJEAN 28.030.20.24.0028 $509.95 006201‐000 BILLIG THOMAS 28.030.20.12.0078 $1,011.16 006232‐000 HARRIS JULIA 28.030.20.23.0015 $566.47 006241‐000 BEAUPRE BRUCE 28.030.20.22.0092 $642.18 006257‐000 ZEPPER DAWN 28.030.20.22.0095 $448.43 006272‐000 RALSTON RANDY 28.030.20.21.0103 $1,121.40 006285‐000 FORCIER RYAN 28.030.20.21.0117 $1,456.49 006305‐000 ANDERSON DAVID 28.030.20.21.0107 $963.73 006321‐000 ELLINGSON BRIAN & CARRIE 28.030.20.22.0043 $1,153.71 006334‐000 GAST SANDRA 28.030.20.21.0093 $561.59 006335‐000 ANDERSON HANS 28.030.20.21.0094 $281.15 006340‐000 COFFMAN KATHY 28.030.20.21.0088 $182.77 006370‐000 KAISER ROBIN 28.030.20.21.0077 $892.53 006375‐000 MCKIE JARED 19.030.20.32.0051 $138.25 006377‐000 KVELL KAYLA 28.030.20.21.0066 $143.96 006401‐000 ACERS TERRY 28.030.20.21.0137 $200.65 006404‐000 STOLTZ SCOTT 28.030.20.21.0023 $797.51 006415‐000 STEWART COLLEEN 28.030.20.22.0054 $977.99 006427‐000 BOLICEK DARYL 28.030.20.22.0039 $487.86 006456‐000 HENDERSON BRYAN 21.030.20.33.0101 $563.99 006458‐000 JINKS GARY 21.030.20.33.0099 $128.95 006474‐000 SEIDLER CHRISTOPHER 28.030.20.22.0025 $692.48 006475‐000 PETERSON BRIAN 28.030.20.22.0026 $120.17 006494‐000 MYHRA ANTHONY 28.030.20.21.0016 $565.52 006504‐000 WESTERHAUS BRIAN & ELIZABETH 28.030.20.21.0043 $287.83 006513‐000 KILBOURNE CHRISTINA & MARCIA 21.030.20.34.0142 $88.88 006537‐000 ORPUT JAMES 21.030.20.34.0099 $86.25 006561‐000 BANK NEW YORK MELLON TRS 21.030.20.34.0158 $1,005.46 006568‐000 JONES JEREMY 21.030.20.34.0101 $281.69 006582‐000 TROOIEN JEFFREY 21.030.20.34.0052 $574.98 Accounty No. Last Name First Name GEOCODE Amount 006607‐000 GLOWE STEPHANIE 21.030.20.34.0053 $804.80 006611‐000 OLSTAD MEGAN 21.030.20.34.0041 $1,344.49 006621‐000 NORHEIM SARAH 21.030.20.33.0065 $426.94 006677‐000 KELLY MICHAEL 21.030.20.34.0027 $2,235.58 006682‐000 LICKNESS GLENN & JANIS 21.030.20.34.0033 $545.95 006686‐000 MEYER ELIZABETH 21.030.20.34.0011 $92.29 006722‐000 PALMER KATHY 28.030.20.12.0029 $644.61 006724‐000 RYAN PATRICK 28.030.20.12.0031 $310.26 006730‐000 PALMER KATHY 28.030.20.12.0026 $307.98 006740‐000 ERICKSON KARYN 21.030.20.43.0106 $85.61 006796‐000 BROOKS NICOLE 21.030.20.42.0007 $577.92 006855‐000 OVADIA CLIFFORD 21.030.20.43.0003 $691.26 006897‐000 HAHN ALAN 21.030.20.14.0031 $86.25 006906‐000 LARSON KELLY KOWALSKY & PAUL 21.030.20.14.0033 $598.30 006915‐000 BERGUM MIKE 21.030.20.14.0034 $702.31 006945‐000 FOX MIKE 29.030.20.41.0063 $414.87 006948‐000 DIXON ELSIE COOK & JENNIFER 29.030.20.41.0065 $419.33 006952‐000 LALIME KYLA 29.030.20.41.0072 $387.97 006975‐000 FEINER DANIEL 29.030.20.41.0105 $789.96 006995‐000 KAST DEREK 29.030.20.41.0006 $123.90 006996‐000 ROWH TIM 29.030.20.41.0008 $159.05 007003‐000 PETERSON DANIELLE 29.030.20.41.0007 $56.03 007013‐000 FOLEY BRIAN 29.030.20.41.0119 $874.55 007023‐000 RESIDENT 29.030.20.14.0066 $384.26 007048‐000 ZINDA MICHAEL 29.030.20.41.0098 $86.25 007066‐000 PETERSON GREGORY 29.030.20.44.0055 $570.15 007082‐000 WEGSCHEIDER ANNE 29.030.20.34.0025 $227.93 007088‐000 ALWIN CHILDREN LLC 29.030.20.34.0031 $485.26 007089‐000 LALANDE MARC‐ANDRE & SARAH 29.030.20.34.0001 $132.45 007093‐000 WILLIAMS DAVID 29.030.20.34.0105 $158.66 007109‐000 SWANSON AMBER J 29.030.20.34.0013 $545.95 007116‐000 SOLSVIG JEFFREY 29.030.20.34.0020 $603.43 007128‐000 LITTLE EVELYN JENNINGS & BRIAN 32.030.20.21.0009 $1,451.21 007208‐000 DUGAS JOHN 29.030.20.33.0036 $183.83 007235‐000 ZEPHYR THEATRE 28.030.20.11.0035 $1,830.77 007295‐000 GILES V KAILEY MADSON & WILLIAM 19.030.20.14.0055 $183.62 007336‐000 229 MAIN ST S PROPERTIES LLC 28.030.20.41.0156 $224.50 007375‐000 US BANK STILLWATER 28.030.20.41.0080 $581.96 007445‐000 PUCKETT JULIE 33.030.20.31.0026 $688.65 007493‐000 BURNS CATHERINE 33.030.20.24.0012 $569.03 007497‐000 BROWN JAYNE 33.030.20.24.0010 $117.45 007536‐000 RENSTROM GREG 33.030.20.32.0023 $567.91 007537‐000 RENSTROM GREG 33.030.20.32.0023 $596.92 007540‐000 VALLEY MGMT. GROUP LLC 33.030.20.32.0025 $182.13 007541‐000 VALLEY MGMT. GROUP LLC 33.030.20.32.0025 $181.51 007592‐000 GRYTHE MATTHEW 33.030.20.32.0009 $263.07 007596‐000 NEIHART LEE 33.030.20.32.0033 $86.25 Accounty No. Last Name First Name GEOCODE Amount 007635‐000 T CAP AUTO SOLUTIONS 32.030.20.44.0006 $1,217.15 007644‐000 TORNING GABRIEL & KAITLIN 29.030.20.33.0046 $462.28 007646‐000 KOBERNAT RICHARD 29.030.20.33.0048 $577.39 007651‐000 WILSON LOIS 32.030.20.22.0102 $575.60 007671‐000 ODELL THOMAS & DEDRA 29.030.20.33.0010 $658.49 007674‐000 THOMPSON BRITTNEY 29.030.20.33.0013 $395.43 007704‐000 BRENDEN GERALD 30.030.20.44.0046 $660.62 007705‐000 VAN ALSTINE JOSEPH & TONYA 30.030.20.44.0045 $440.82 007727‐000 STEVENS DIANE 31.030.20.11.0098 $571.11 007740‐000 MAGNUSON JOHN & MARY 30.030.20.44.0028 $256.32 007795‐000 URCHIPIA LEONARDO & ELYSE 31.030.20.12.0003 $86.25 007813‐000 KULICH PAUL 31.030.20.13.0046 $86.25 007863‐000 HOLT ARTHUR 31.030.20.11.0088 $564.15 007865‐000 QUADERER WILLIAM/ANN 31.030.20.11.0090 $817.82 007886‐000 PUDLICK ALEX & MEGAN 31.030.20.11.0011 $588.20 007887‐000 LE CLOUX THOMAS 31.030.20.11.0010 $617.57 007979‐000 WELCH ADAM & BRANDY 31.030.20.14.0038 $138.25 007990‐000 MILLER KEITH 32.030.20.23.0023 $914.96 008002‐000 CURTIS ANTHONY & KIM 32.030.20.23.0035 $263.46 008010‐000 SYLVERS TRAVIS 32.030.20.23.0046 $1,738.36 008022‐000 JACOBSEN MARGE 32.030.20.23.0021 $286.07 008048‐000 STERN TODD 31.030.20.11.0085 $680.29 008050‐000 JACKSON DIONTRAE 32.030.20.22.0007 $276.06 008061‐000 CARMODY BRIAN & GEORGIA 31.030.20.11.0041 $127.85 008067‐000 SCHINDELDECKER DANIEL T & MELISSA A 31.030.20.11.0014 $249.20 008097‐000 PHILLIPS JOHN/KELLY 32.030.20.22.0012 $601.94 008141‐000 BRACEY KIMBERLEE & SCOTT 32.030.20.22.0054 $86.16 008166‐000 DEMIKE JENNY CONROY & NICHOLAS 32.030.20.22.0059 $623.49 008204‐000 GERBOTH MIKE 32.030.20.22.0085 $641.50 008211‐000 ROGNESS JILL & CHARLES 32.030.20.22.0095 $930.98 008218‐000 GLAUS KIM 32.030.20.23.0055 $418.49 008293‐000 JOHNSON ROBERT & CHELSEA 29.030.20.32.0019 $555.19 008296‐000 MADLINE CARRIE 29.030.20.32.0016 $411.13 008344‐000 SMITH MICHAEL 30.030.20.41.0007 $1,576.22 008345‐000 ASMUS ELIZABETH H 30.030.20.41.0006 $1,084.71 008360‐000 RABENORT MARY‐ANNE 29.030.20.32.0044 $566.79 008378‐000 THORESON SEAN & EMILY 29.030.20.32.0062 $458.92 008383‐000 DURANT CHRISTOPHER & KELLY 30.030.20.41.0022 $1,245.45 008577‐000 GREASE MONKEY 32.030.20.32.0031 $335.50 008712‐000 PALMER BRENT & AMANDA 20.030.20.14.0007 $699.45 008731‐000 BAECKER JOACHIM & LYNNE 20.030.20.13.0011 $147.39 008754‐000 NATWICK SHERIDAN 29.030.20.43.0062 $484.14 008761‐000 SULLIVAN THOMAS & WENDY 29.030.20.43.0067 $159.05 008763‐000 CRAWFORD JAN & LARRY 29.030.20.42.0009 $840.62 008778‐000 ESTRELLADO KAREN & LORICO 29.030.20.24.0041 $272.03 008787‐000 DOUGLASS MARK/EILEEN 29.030.20.24.0050 $1,846.75 008788‐000 ZELLER ANDRES 29.030.20.24.0051 $1,137.03 Accounty No. Last Name First Name GEOCODE Amount 008805‐000 MCDONALD MICHELLE 29.030.20.24.0018 $559.13 008819‐000 TREMBLAY STEVEN & WENDY 29.030.20.21.0052 $179.85 008894‐000 BENNETT SCOTT 20.030.20.24.0009 $628.01 008900‐000 ERBAN BRYCE 20.030.20.22.0025 $310.81 008907‐000 SPOONER CRAIG & MORGAN 20.030.20.21.0034 $239.82 008919‐000 AGOYE WELLES & JENNA 20.030.20.24.0032 $578.36 008934‐000 CRAFT KIM 20.030.20.21.0020 $756.48 008935‐000 GEIGER ANDREA & JACOB 20.030.20.21.0019 $86.25 008937‐000 ANDERSON JASON & HEIDI 33.030.20.14.0071 $580.28 008959‐000 RESIDENT 33.030.20.14.0074 $672.74 008961‐000 HURLEY JIM 20.030.20.21.0050 $624.70 008963‐000 WOODWARD PETER 20.030.20.21.0048 $843.01 009001‐000 MILDER MATT 20.030.20.23.0007 $966.61 009023‐000 MCINTYRE ROBERT 34.030.20.23.0049 $109.23 009041‐000 HAMMOND LESLIE 34.030.20.23.0060 $288.35 009047‐000 CHRISTOPHER JANE 34.030.20.22.0006 $292.36 009078‐000 WOLTER STEVEN 34.030.20.23.0038 $512.49 009088‐000 RESIDENT 34.030.20.23.0024 $178.77 009104‐000 MOLLOY NOEL & THERESE 34.030.20.22.0043 $363.49 009116‐000 GUNDERSON STEVEN & MARY 34.030.20.23.0090 $149.04 009188‐000 OUS JASON & DIANA 20.030.20.34.0012 $1,502.37 009191‐000 SEIM JESSICA 20.030.20.34.0009 $762.35 009224‐000 YORK ADAM 29.030.20.21.0030 $663.46 009231‐000 ANDERSON JOHN 29.030.20.21.0007 $127.85 009232‐000 HENSLEY MELLISA 29.030.20.21.0008 $316.92 009238‐000 NELSEN ED 29.030.20.21.0044 $576.75 009262‐000 LEE ANGELA 20.030.20.33.0071 $680.03 009265‐000 KOHANEK MICHAEL/KRISTINE 20.030.20.33.0068 $159.05 009327‐000 MYRVOLD BRAD 29.030.20.11.0008 $127.85 009336‐000 ROETTGER SHELLY 29.030.20.11.0027 $86.25 009420‐000 MUENICH MICHELLE 20.030.20.43.0013 $86.25 009432‐000 CUNNINGHAM RONALD 20.030.20.44.0002 $442.56 009446‐000 DWINELLS MEGHAN 21.030.20.32.0003 $764.97 009454‐000 SWENSON DANIELLE 21.030.20.33.0002 $218.46 009550‐000 MAGNUSON JOHN & HEATHER 29.030.20.31.0051 $598.19 009602‐000 WEAVER JACOB & BRIANA 32.030.20.13.0066 $168.85 009616‐000 SCANNELL SEAN 32.030.20.13.0023 $472.45 009631‐000 KIOSKI STEVE & CARRIE 32.030.20.13.0059 $1,512.17 009635‐000 HAYNER TIM 32.030.20.13.0087 $578.22 009658‐000 HAUGE‐HALL GAYE & JAMES 32.030.20.13.0032 $601.44 009684‐000 RESIDENT 21.030.20.13.0062 $820.55 009686‐000 KUEHN TIM & KIM 21.030.20.13.0064 $557.63 009692‐000 LARSON GERRI 21.030.20.13.0053 $570.80 009696‐000 ROACH KOLEEN 21.030.20.13.0044 $408.13 009702‐000 GERMAIN/WENTE 21.030.20.13.0020 $1,117.96 009704‐000 YOUNG MARK & STACEY 21.030.20.24.0040 $1,083.25 009722‐000 RICHARDSON MARY 21.030.20.24.0028 $369.03 Accounty No. Last Name First Name GEOCODE Amount 009758‐000 RAMALEY KEY M & SARAH MCCRELLIAS 21.030.20.12.0008 $187.58 009798‐000 HELM JOANNE M 32.030.20.13.0097 $561.11 009807‐000 THOMPSON WHITNEY 32.030.20.14.0015 $1,117.82 009901‐000 WIRKKALA PAUL & KIM 32.030.20.12.0070 $479.01 010014‐000 DELANEY ROBERT 31.030.20.31.0080 $117.45 010016‐000 HALL SCOTT & MARYANN 31.030.20.31.0078 $924.49 010024‐000 JOHNSON KIM & KEVIN 31.030.20.31.0071 $127.85 010198‐000 KIESNER THOMAS & MICHELE 30.030.20.34.0017 $2,543.83 010205‐000 DOEKSEN ANDREA LONG & CARLTON 30.030.20.34.0050 $1,440.38 010240‐000 BARAN KYLE & MARGARET 31.030.20.22.0008 $179.85 010253‐000 GUTTERUD DAVE & GINA 30.030.20.31.0013 $786.50 010436‐000 KOHLER KATIE 19.030.20.34.0032 $884.97 010457‐000 STURGIS SCOTT 19.030.20.34.0017 $1,429.43 010467‐000 DAMLO SHANNON & READE 19.030.20.34.0008 $86.31 010487‐000 HOREJSI JAMISON & JENNIFER 34.030.20.23.0094 $203.74 010540‐000 ENGEBRETSON DAVID 28.030.20.44.0071 $1,240.96 010552‐000 STUART MAGGIE 33.030.20.11.0110 $427.74 010553‐000 LAMONE RONALD/JENNIFER 33.030.20.11.0111 $762.77 010559‐000 MCDONOUGH ELISA 33.030.20.14.0022 $491.53 010564‐000 BEDNAR TIMOTHY & REBECCA 33.030.20.14.0025 $1,095.84 010575‐000 GRAY SANDRA 33.030.20.14.0089 $86.25 010592‐000 COLBERG SHERRI 33.030.20.14.0013 $571.20 010594‐000 DELWICHE LUKE & CATHERINE 33.030.20.14.0015 $968.48 010600‐000 CAOUETTE MICHAEL 33.030.20.11.0136 $569.61 010610‐000 MADSEN MARY 33.030.20.11.0013 $618.45 010628‐000 BLOCK JESSOY 28.030.20.42.0108 $2,315.73 010642‐000 FURGALA BRITTANY 31.030.20.43.0002 $187.58 010708‐000 WESTWARD DEVELOPMENT 33.030.20.11.0044 $179.85 010716‐000 SMITTKAMP JENNIFER 33.030.20.11.0173 $299.95 010722‐000 SHERMAN LARRY & ANGELA 28.030.20.44.0039 $281.25 010745‐000 LAUER CHRISTOPHER/LESLEY 33.030.20.11.0040 $404.72 010766‐000 DUNCAN TIM 33.030.20.14.0111 $492.83 010821‐000 OTT CHRISTOPHER 33.030.20.11.0072 $572.85 010828‐000 HAMERNICK BRIAN 33.030.20.11.0079 $69.28 010840‐000 POLZIN GERALD 33.030.20.14.0128 $571.75 010853‐000 EVANS KELLY 33.030.20.41.0012 $456.93 010861‐000 EMOND ELEANOR 33.030.20.14.0126 $683.10 010869‐000 STOW RONALD 33.030.20.14.0050 $395.87 010909‐000 PARENT BRYAN & KATIE 33.030.20.12.0146 $1,217.35 010944‐000 RESIDENT 33.030.20.14.0066 $96.65 010953‐000 WELSH ABBY 33.030.20.11.0086 $259.18 010955‐000 RESIDENT 33.030.20.11.0088 $80.39 010970‐000 SIMONET MARTIN J 28.030.20.42.0089 $96.65 011002‐000 LOTTSFELDT CHRIS/HEIDI 33.030.20.12.0017 $483.06 011009‐000 GUIDARELLI RACHEL 33.030.20.12.0156 $572.55 011014‐000 WENDORF TODD & LONNA 33.030.20.12.0150 $96.80 011021‐000 KUBITSCHEK ERIK & LEYA 33.030.20.13.0045 $1,251.11 Accounty No. Last Name First Name GEOCODE Amount 011035‐000 KIDESS RILEY 33.030.20.13.0029 $86.25 011039‐000 JACOBSON JAMIE 33.030.20.13.0024 $117.45 011057‐000 GRAVEN JOLEEN/JOE 33.030.20.13.0061 $573.77 011064‐000 ODNE JOHN 33.030.20.12.0131 $543.66 011072‐000 LAUN NELSON & KATHLEEN 33.030.20.12.0035 $783.23 011107‐000 BRODD JOHN 28.030.20.42.0116 $212.66 011115‐000 LACY JUDITH 28.030.20.42.0132 $238.99 011116‐000 SHEPPERD PETER & MOLLY 28.030.20.42.0133 $1,748.64 011131‐000 POINDEXTER STEVE 28.030.20.42.0092 $877.15 011173‐000 STEVENSEN ROBERT 33.030.20.12.0039 $948.50 011192‐000 FITZPATRICK ADAM 33.030.20.13.0074 $51.90 011243‐000 STADTLER ANGIE 33.030.20.12.0086 $417.09 011314‐000 DELEO DAVID & SHELBEE 33.030.20.21.0107 $138.25 011325‐000 EASTON BRENDAN & GWENDOLYN 33.030.20.21.0113 $496.52 011344‐000 KUBISZEWSKI JESSE 33.030.20.21.0067 $86.25 011368‐000 MARLOW STEPHEN 33.030.20.21.0123 $323.36 011396‐000 MARSNIK MIKE 33.030.20.21.0019 $661.17 011403‐000 RECHTIENE JEFFREY 33.030.20.22.0055 $178.18 011437‐000 TIEDE CARL 28.030.20.34.0060 $183.09 100255‐000 JORGENSON CRAIG & KRISTIN 19.030.20.34.0060 $794.53 100432‐000 VON BERHREN MARY ANN & THERON 19.030.20.43.0039 $2,035.40 100464‐000 ROQUE JOSE 19.030.20.42.0008 $291.43 100537‐000 SARGENT MARK & KELLY 19.030.20.42.0011 $824.09 100568‐000 JOHNSON SHARON 19.030.20.42.0010 $70.10 100598‐000 RALEIGH PATRICK 31.030.20.44.0015 $439.02 100619‐000 ARONSON DAVID 19.030.20.41.0009 $498.25 100804‐000 REICHOW JOSEPH & ALYSON 19.030.20.14.0052 $179.85 101030‐000 BOGREN NICOLE 19.030.20.42.0027 $484.30 101150‐000 SUTTER BRIAN & JULIE 19.030.20.13.0017 $387.27 101191‐000 MALMBERG BONNIE 19.030.20.13.0025 $227.93 101223‐000 HAMILTON PATRICK & KELLI 19.030.20.21.0105 $854.37 101642‐000 WENDORF TOBY & HEATHER 19.030.20.22.0020 $88.88 101694‐000 BARBATSIS NIKOLAS 30.030.20.13.0012 $209.98 101710‐000 BUBERL ROBERT & JOLENE 30.030.20.12.0008 $187.58 103953‐000 SHARKEY DESIGN BUILD 19.030.20.43.0055 $285.59 104091‐000 HUGHES CHRIS 21.030.20.14.0010 $86.25 $175,458.14 City of Stillwater2023 Truth-in-TaxationBudget MeetingDecember 6, 2022Joe KohlmannCity Administrator City of Stillwater2023 Budget•St Croix Valley Recreation Center and Lily Lake Ice Arena•Public Library•Parks, Community Beautification•Sanitary Sewer & Storm Sewer•Water Supply System•Signs & Lighting•Parking•Infrastructure, Capital ImprovementsThe City of Stillwater provides a wide array of services including:•Public Safety – Police, Fire and EMS•Building Inspections/Permits, Planning•Engineering, Streets Maintenance•Administration, Elections, Human Resources, Information Technology•Finance/Accounting City of StillwaterSignificant 2023 Budget ImpactsSignificant 2023 Budget Impacts•Total proposed 2023 operating budget of over $19 million•Proposed property tax increase of 9.8% over 2022•17.5% (average) increase in market value from 2022 to 2023 for residential properties•18.49% increase in taxable tax capacity•9.5% increase in Health Insurance premiums (active employees)•New Positions:•Patrol Officers (2 FTE)•Code Enforcement Technician (1 FTE)•Bond Issuance of $4,000,000 for capital outlay and street projects City of Stillwater2023 Proposed Operating Revenues*2023 Proposed Operating Revenues*Property Taxes68%Franchise Fees3%Lodging Tax1%Licenses/Permits3%Intergovernmental7%Charges for Services17%Fines & Forfeits< 1%Miscellaneous1%Revenue TypeAmountProperty Taxes$13,265,987Franchise Fees$490,000Lodging Tax$275,000Licenses/Permits$608,950Intergovernmental$1,355,714Charges for Services$3,231,289Fines & Forfeits$49,000 Miscellaneous$230,037Total Operating Revenues$19,505,977* Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds. City of Stillwater2023 Proposed Operating Expenditures*2023 Proposed Operating Expenditures*Expenditure TypeAmountGeneral Government$4,897,464Public Safety$7,955,494Public Works$1,829,311Culture & Recreation$5,203,965Total Operating Expenditures$19, 886,234General Government25%Public Safety40%Public Works9%Culture & Recreation26%* Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay, Debt Service and Enterprise Funds.Public Safety:General Government:Police, FireMayor & City CouncilBuilding InspectionsElections, MISEmergency Management Finance, Lodging TaxAdministration, HRCulture & Recreation:City AttorneySpecial EventsPlant/City HallRec CenterCommunity DevelopmentLibrary, ParksUnallocatedCommunity BeautificationPublic Works:EngineeringStreetsWACO Recycling City of StillwaterProperty Tax LevyProposed 2023 vs Adopted 20222022 Adopted CITY‐WIDE LEVY2023 Requested2023 Proposed $ Increase % Increase$12,032,975 General Operating Tax Levy $13,836,018 $13,265,987 $1,233,012 10.247%$3,890,822 Debt Service Tax Levy $4,521,142 $4,221,060 $330,238 8.488%$15,923,797 Totals $18,357,160 $17,487,047 $1,563,250 9.817%2022 Adopted PARCEL‐SPECIFIC LEVY2023 Requested2023 Proposed $ Decrease % Decrease$44,000 WMO Tax Levy$44,400 $40,700 ‐$3,300 ‐7.500% City of StillwaterProperty Tax RateProposed 2023Notes:Property Tax Levy amount includes Water Management Organization (WMO)*2023 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County.Formula: Total City Property Tax Levy City’s Taxable Tax Capacity = City Tax Rate ItemActual Pay 2022Proposed Pay 2023% ChangeProperty Tax Levy$15,967,797 $17,527,747 9.769%Fiscal Disparity Portion of Levy ‐$1,579,914 $1,426,036* ‐9.740%City’s Portion of Levy =$14,387,883 $16,101,711 11.912%City’s Taxable Tax Capacity÷$27,709,752 $32,834,909* 18.496%City Tax Rate =51.924% 49.038% ‐5.558% City of StillwaterCity Property Tax RatesLast 9 Years and Estimated 2023* (Rates include WMO)44%46%48%50%52%54%56%58%60%2014 2015 2016 2017 2018 2019 2020 2021 2022 2023*Year Rate2014 58.359%2015 55.225%2016 57.425%2017 57.322%2018 53.790%2019 54.629%2020 53.814%2021 52.265%2022 51.924%2023* 49.038% City of StillwaterTax Impact-Residential2023 Updated ProposedActual Payable 2022Proposed Payable 2023From 2022 to 2023Taxable Market ValueTax CapacityCity Tax RateCity Property TaxTaxable Market ValueTax CapacityProposed City Tax RateCity Property TaxAnnual IncreaseMonthly Increase % Change$323,700 3,156 51.924%$1,638.71 $380,400 3,77449.038%$1,850.71 $212.00 $17.67 12.9%$212,800 1,947 51.924%$1,010.95 $250,000 2,35349.038%$1,153.87 $142.92 $11.91 14.1%$255,300 2,410 51.924%$1,251.36 $300,000 2,89849.038%$1,421.13 $169.78 $14.15 13.6%$297,900 2,875 51.924%$1,492.80 $350,000 3,44349.038%$1,688.39 $195.59 $16.30 13.1%$340,400 3,338 51.924%$1,733.21 $400,000 3,98849.038%$1,955.65 $222.44 $18.54 12.8%Assumptions:17.5% increase in Market Value from 2022 to 2023 (Estimate from County)Information is based on Residential Homestead PropertiesMarket Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature City of StillwaterWhere Does Your Property Tax Dollar Go?How the City spends each dollar it receives from the tax levyPublic Safety:Police, FireBuilding InspectionsEmergency ManagementGeneral Government:Mayor & City CouncilElections, MISFinanceAdministration, HRCity AttorneyPlant/City HallCommunity DevelopmentUnallocatedParksPublic Works:Engineering, StreetsLibraryPublic Safety34¢Debt Service24¢General Government19¢Parks7¢Public Works7¢Library9¢ City of StillwaterMedian Home Value Property Tax Breakdown - $380,400 SFHAnnual Cost Monthly CostPublic Safety $629.25$52.43Debt Service$444.17$37.01General Government $351.64$29.31Library $166.57$13.88Parks$129.54$10.80Public Works$129.54$10.80TOTALS$1,850.71$154.23 City of StillwaterPublic Safety - $52.43 per month•24/7/365 Police and Fire Protection Services •Fire Services - 1,920 Fire Department Calls in 2021•Fire Suppression •BLS Medical Calls•Water/Ice Rescue •Fire Prevention •Police Services – 18,723 Police Department Calls in 2021•Patrol•Investigations •Event Security, Crisis response, Emergency Management •Animal Control, School Resources Officer, Parking City of StillwaterDebt Service - $37.01 per month•Park and Trail Improvements –35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities•Street Improvements - 96 miles of street network, 4.6 miles improved 2021•Building Improvements and Repair – City Hall/Police Department; Fire Station; Carnegie Library; Public Works.•Capital Equipment – IT infrastructure; Police Cars; Fire Trucks; Plow Trucks; etc. City of StillwaterGeneral Government $29.31 per month•100+ City Council / Boards & Commission Meetings•Management of approximately $40 million annual budget •Management, filling, recruiting for 107 positions•Business Licensing, Elections•Maintenance of IT Infrastructure – cameras, computers, data, copiers, security, network •Community Development – Comp Plan, Planning, Zoning, Economic Development, Land Use, Code Enforcement•Auditing, Legal Services, Billing, Accounts Payable, Assessing City of StillwaterParks $10.80 per month •Maintain Parks and Trails – 35 parks, 26 miles of trails, 18 playground areas, 13 ballfields, 12 tennis courts, 6 bathroom facilities•Clearing trails •Mowing Parks (75 acres) •Event Permitting and Review •Maintaining Park equipment, playgrounds, benches, courts, bathrooms City of StillwaterPublic Works $10.80 per month•Maintain 96 miles of roads •Snow and ice removal •Road Maintenance and repairs •Tree Trimming •Crack Sealing •Seal Coating •Painting Crosswalks •Pavement Markings •Sidewalks City of StillwaterCity of Stillwater Estimated Property Tax Allocation(all Taxing Jurisdictions)City of Stillwater Estimated Property Tax Allocation(all Taxing Jurisdictions)City of Stillwater, 42%Washington County, 21%Stillwater School District, 32%Other Taxing Districts, 5%Other Taxing Districts include:Met CouncilMet Council TransitMetro Mosquito ControlWatershed DistrictsWashington County HRA City of StillwaterQUESTIONS ???QUESTIONS ??? SUlIwater The Birthplace 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 December 6, 2022 REGULAR MEETING 4:30 P.M. I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Downtown Parking District Rates Discussion 2. Steam Engine 328 Discussion IV. STAFF REPORTS 3. Public Works Director 4. Police Chief 5. Fire Chief 6. Finance Director 7. Community Development Director 8. City Clerk 9. City Attorney 10. City Administrator 11. IT Manager 12. Library Director V. RECESS RECESSED MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL VIII. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 13. Certificate of Appreciation Retirement — John Nobles, Paid on Call Assistant Fire Chief — Resolution 14. Certificate of Appreciation Retirement — Jeff Roettger, Paid on Call Firefighter Engineer — Resolution 15. Stillwater Fire Department Oath of Duty Presentation — Katie Hawke 16. Proclamation — Stillwater High School Girls Swimming & Diving Team Player Sydney Dettmann 17. Certificate of Appreciation — Ashley Borchardt X. OPEN FORUM — open forum allows the public to address Council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 18. November 15, 2022 Special Meeting and Regular Meeting Minutes 19. Payment of Bills 20. 2023-2025 Labor Agreement with LELS Local 254 Police Sergeants — Resolution 21. 2023-2025 Labor Agreement with LELS Local 257 Police Officers — Resolution 22. Ballfield Fencing at Public Works Park and Millbrook Park 23. Certification of Sewer and Water Charges — Resolution (Available Tuesday) 24. GIS Technician Position 25. Liquor Licenses Renewal for 2023 — Resolution 26. Long Lake Villas TIF #8 Settlement Agreement 27. Modifying City of Stillwater Employment Policy Manual — Resolution XII. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 28. Case 2022-79 to consider amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non -conforming sturctures — Ordinance 1st reading XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 29. Resubdivision of 3483 87t" Street North in Nottingham Village — Resolution 30. World Snow Sculpting Event Contract and Temporary Liquor License 31. Ice Skating Rink in City Parking Lot #4 32. Truth in Taxation Presentation for 2023 Budget & Tax Levy — 2 Resolutions 33. County Road 5 Phase 2 Improvement Project Approval of Plans & Specs and Advertise for Bids — Resolution XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2of2 City Council Meeting Agenda December 6, 2022 I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: December 6, 2022 TO: Honorable Mayor and City Council FROM: Tim Gladhill, Community Development Director SUBJECT: Downtown Parking District Customer Experience Improvements and 2023 Rates and Charges Recommendations Nothing in this report should be interpreted as an official City Recommendation. The intent of this report is to simply address multiple ideas suggested to the City over the past several years and seek direction from the Downtown Parking Commission on any desired policy direction. It is possible that the outcome of this discussion is No Changes to the Downtown Parking District. REQUESTED ACTION/POLICY QUESTION Staff is bringing forward a recommendation from the Downtown Parking Commission that includes modernizing the City's approach to parking management. Staff is looking for direction and feedback regarding these proposed changes. If directed, staff will engage with impacted stakeholders - specifically asking stakeholders their thoughts on potential changes and how to make the parking system better for all users. The City Council is not asked to make formal changes to the parking system at this time, yet provide high-level direction on the Parking Commission's recommendation. BACKGROUND The City's 2022 Strategic Plan includes a strategy to `develop a parking strategy, policy, and fees as it specifically relates to Downtown Parking'. Additionally, the City has other ongoing initiatives to support this strategy. • Downtown Parking Study (2019)/Downtown Parking Commission Work Plan • Economic Development Authority (EDA) Business Visit Program Staff is prioritizing downtown parking issues in the order listed in the Strategic Plan: 1) Develop a Strategy for a more user-friendly parking system 2) Develop policies that enhance the user experience (businesses, residents, employees, tourists) 3) Develop a fee structure that supports the strategy and policy mentioned above. EXISTING CONDITIONS The City currently operates a downtown parking system consisting of eighteen (18) surface lots and one (1) parking ramp. The City currently charges for parking in Lots 1 & 2 during summer months and in the Parking Ramp year-round. Currently, approximately 75% of public parking stalls are free. The cost to the City to operate and maintain the entire system is approximately $450,000 (including capital depreciation). Annual revenues are approximately $400,000 ($300,000 from surface lots and $100,000 from the parking ramp). In 2022, the City Council approved replacing the existing payment systems for the Downtown Parking District, which will be available January, 2023. Currently, three (3) separate payment systems exists; two (2) different credit card kiosks and one (1) mobile phone application. The City purchased a new mobile phone application (Passport Services) and replaced the aging credit card kiosks. The new system is based on license plate numbers as unique identifiers (as opposed to paper parking passes) and allows users to pay in smaller periods of time. This also allows the City to create a more dynamic and adaptable parking approach. This new technology allows greater flexibility and tailoring of the Downtown Parking District. FUTURE PLANS AND OPPORTUNITIES Goals of Downtown Parking Analysis • Change parking behavior • Implement strategic operational enhancements • Provide strategic expansions The Downtown Parking Commission has discussed a number of potential strategies to advance the above goals including, but not limited to the following. 1. Fund deferred maintenance/capital maintenance needs for existing system 2. Fund long-range capital expansions plans a. Primary Strategy = Parking Ramp No. 2 on Lot 14 and/or 15 3. Improve the Customer Experience and Downtown Parking District Image a. Downtown Beautification b. Regular maintenance and operational needs, additional resources for Public Works 4. Encourage more turnover in premium spaces and limit violations of 3 and 4 hour time limits (parking for 8 hour shifts in 3 Hour/4 Hour Zones) a. Add a License Plate Reader to better enforce time limited parking, including free zones 5. Improve safety (and perceived safety) for Parking District Users a. Additional Public Safety Resources 6. Eliminate the Business Mitigation Permit for change in use of existing buildings 7. Improve wayfinding signage 8. Improve safe and accessible parking for Downtown Employees 9. Improve Loading Zones for Deliveries earlier in day 10. Weekend Circulator to less accessible parking areas? (longer -term, lower -priority idea) RATES AND CHARGES SCENARIOS Scenario A — No Changes Rate Scenario A would be to retain our existing Rates and Charges. Only Lots 1 and 2 along with the Parking Ramp would be Paid Zones. Lot 1 would be $5/12 hours during On Peak only. Lot 2 would be $3/12 hours during On Peak only. The Parking Ramp would be $5/24 Hours during On Peak period and $3/24 Hour during the Off Peak period. Under Rate Scenario A, the City would continue to utilize an antiquated parking management strategy. There is little justification for the current charges and the impact they have on parking behavior. In addition, the City would not be able to fund the above initiatives at the beginning of this report. Additionally, in order to retain the status quo, the City would need to either increase existing fees or supplement through other revenue sources such as Property Tax Revenue. Scenario B — Expanded Paid Zone/No Off Peak/15 Minute Payment Increments Rate Scenario B would amend the existing Rates and Charges as follows. • Stalls paid in 15 minute (or 30 minute or 60 minute) increments rather than larger blocks of time o Allows for shorter stays for drop offs/pickups in premium/higher-demand zones o Could also limit Paid Hours to 10:00 a.m. to 10:00 p.m. (or some variation thereof) • Retains a number of free parking zones on west side of Main Street o Could also include the addition of strategically located Free 15-30 Minute Drop Off/Pick Up Zones • Removes Off Peak Season Rates (same rates year-round) o Stillwater has become a year-round destination • Expands Paid Zone to include Lots 1-12 (along Saint Croix River, east of Main Street) as well as On Street Parking on Main Street The above changes would be a fundamental shift in the approach to Downtown Parking customer experience and revenues for future enhancements to the system. This shift would also likely have an impact on parking behavior, especially parkers adjusting their approach in attempt to find the Free Parking Zones. Due to the unknown revenue impacts of this fundamental shift, Staff has approached future revenue forecasts in a fairly conservative approach. It is anticipated that the City would be able to generate enough revenue to fund depreciation of current assets and fund future enhancements of the parking system. In this scenario, approximately 40% of the public parking stalls would remain free. Scenario C — Variations of Scenario B per discussion ACTION REQUESTED Staff recommends that the City Council take this opportunity to accept this information, ask clarifying questions and authorize Staff to begin engaging with local stakeholders on the feasibility of a variation of Scenario B. The goal would be to implement any changes (if any) on or about May 1, 2023. Also, the City Council could approve certain changes as a Pilot Program to test the changes, a strategy recently used on the City of Saint Cloud. ATTACHMENTS - Proposed Paid Zone Parking Map Exhibit A — Comprehensive Financial Report Summary (2022) arking Fund 5500,063 5150,000 5100,000 5050,000 $300,000 $2500113 $200,000 5150,000 $100,000 $50,000 $ 20ll` 2012* 2013` 2014* 2015* 2016' 2017* 2018' 2019* 2020` 2021` General Parking Revenues Parking -Ramp Revenues General Parking Expenses Parking Ramp Expenses ZONE 550821 Exhibit B — Passport Signage and Kiosk Information ED PAY WITH THE APP PASSPORT PARKING Park. Pay. Be on your way: Use the Passport Parking" app CWT Multi -Use Kiosks Exhibit C — Potential Parking Map lUwater ,,,, 6 4 THE BIRTHPLACE OF MINNESOTA Legend City Parking Lot City Parking Ramp Permit parking ONLY Trailhead Parking Crosby Ramp - 2nd St level public Private parking until 6 PM Bus, RV, Trailers Bus loading/unloading Bus parking 6 1 / / - - Lots where Monthly Permits are Valid * Business Permit Valid* - DT Resident Permit Valid** * Allows vehicle in lot longer than the posted limit (but not overnight) ** Allows Downtown Resident to park overnight, but move car every 24 hours • Free parking lot (year round) • Pay parking lot (Free Nov 1 - Apr 30) • Available to public after 6pm+ weekends an Public restroom Numbers in circles = hour limits for free parking lots On -street parking is free, but limited to three hours unless posted for less Downtown Parking Commission January 2021 I11wat!r THE BIRTHPLACE OF MINNESOTA DATE: December 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Steam Engine 328 Discussion BACKGROUND You may recall that the City of Stillwater owns a Steam Engine, specifically, the Northern Pacific Locomotive No. 328, which is being housed at the Minnesota Transportation Museum in St. Paul pursuant to a 32-year lease agreement, which expires in 2031. The Museum recently approached City Staff asking the City to donate the Steam Engine to the Museum. Engine 328 is in a position of needing significant repairs and restoration. The current estimated costs of the restoration are between $100,000 (if volunteers are used) to $500,000. The Museum is reluctant to commit funds and volunteers and time (which can take up to 5 years) without a long-term commitment. At its July 26, 2022 Council meeting, the Council directed City Staff to obtain an appraisal to determine the value of Engine 328. Attached is an appraisal conducted by Edward Biggs, an Accredited Senior Appraiser with the American Society of Appraisers, who specializes in rail equipment, locomotive, railcar and fleet valuations. He has spent over 40 years in the railroad industry and has particularly in-depth knowledge of railcar extended life upgrades and rebuilding programs. He reviewed the mechanical records, historical and recent photographs and historical records of the Engine 328. The analysis concluded that the estimated market value of Engine 328 is $120,000- $150,000. He suggested to get the highest value, it should be sold at auction. The City has several options: 1. Donate Engine 328 to the Museum. If the City is willing to donate Engine 328 to the Museum, there are certain conditions that could be attached, such as: a. The Museum must restore Engine 328 to an operable condition and bring it near the City for local events'. b. If they cannot raise the funds to make it operable, the Museum must display Engine 328 at the Museum on Jackson Street near the Capitol with a prominently described history of its ownership by the City of Stillwater. 1 They have indicated they might be able to get the Engine as close as Bayport. 2. Do nothing. The lease does not expire until 2031 so there is no need to do anything right now. 3. Extend the Lease for another 20-30 years. This gives the City the right to retain ownership of Engine 328, while giving the Museum the relief of knowing their restoration efforts will receive a return on investment. 4. Return Engine 328 to the City to be Displayed or Sold. The Lease contains a provision that if Engine 328 becomes inoperable, the Museum will agree to return Engine 328 to the City. If the City terminates the Lease and requires the return of Engine 328, the City could decide to display it within the City or put it up for auction to the highest bidder. ACTION REQUESTED Discuss and provide direction to City Staff. Attachments: Desktop Appraisal Report of Edward D. Biggs III, LLC CITY OF STILLWATER, MINNESOTA ONE (1) NORTHERN PACIFIC STEAM LOCOMOTIVE, ENGINE 328 CURRENT FAIR MARKET VALUE DESKTOP APPRAISAL REPORT EDWARD D. BIGGS III, LLC D/B/A Biggs Appraisal ACCREDITED SENIOR APPRAISER 2255 SUMTER LAKE DRIVE MARIETTA, GEORGIA 30062 November 4 , 2022 TABLE OF CONTENTS Introduction Page 3 Section I — Summary of Conclusions Page 4 Section II — Description of the Locomotive Page 5 Section III — Valuation Methodology Page 6 Section IV — Appraisal Assumptions Page 9 Section V — Certification Page 11 Appendix A History of NP 328 Appendix B Qualifications of Appraiser 2 Edward D. Biggs III, LLC D/B/A Biggs Appraisal Accredited Senior Appraiser 2255 Sumter Lake Drive Marietta, GA 30062 404-625-4059 November 4, 2022 Privileged and Confidential LeVander, Gillen and Miller P.A. 1305 Corporate Center Dr. Suite 300 Eagan, MN 55121 Attention: Ms. Korine Land, Stillwater City Attorney RE: Appraisal of One (1) Northern Pacific Steam Locomotive, Engine 328 Desk Top Appraisal Report Dear Ms. Land: The City of Stillwater, Minnesota ("Stillwater") has requested that Edward D. Biggs III, LLC ("Biggs") render his expert opinion in respect of One (1) Northern Pacific Steam Locomotive, Engine 328 (the locomotive). Scope of Work: Determine the estimated current fair market value of the locomotive such opinion to be set forth in this Desk Top Appraisal Report to, Stillwater, my client. Purpose of the Appraisal: To be used in a financial transaction This appraisal is effective as of November 4, 2022 My conclusions follow in Section I. The Locomotive is more fully described in Section II of this Appraisal Report. 3 I SUMMARY OF CONCLUSIONS In my considered, independent expert opinion: Locomotive NP 328's current condition is complete, stored in a round house in a non- operational condition since 1998. The Federal Railroad Administration allowable boiler operation days are run out. The asbestos lagging of the boiler has not been remediated and based on the last run videos that I observed the locomotive was at or near an overhaul of the running gear. There are potential buyers of steam locomotives that range from very savvy and knowledgeable to railfans with more money than brains. The savvy and knowledgeable buyers will pay based on condition and make deductions for the unknowns. In most cases the buyer is looking at the locomotive as a revenue generating tool that can pull so many cars of tourists. The subject locomotive is in the lower end of the desirable class of locomotives with enough revenue generating capacity to be a profitable undertaking. It has a relatively low tractive effort at 26,600 pounds. The big cost item is the boiler repair and or replacement. Non-destructive testing and climbing in and around the firebox, taking out water plugs to see the amount of scale are all part of a due diligence process. Inspection of the overall condition of the running gear, the condition of the tender all go into the value. The inspection reduces the unknowns to a more manageable level that a buyer who plans to eventually operate the locomotive after a rebuild will normally do. The subject locomotive and tender weight 257,000 pounds and this equates to 114.73 long tons. Scrap metal companies buy rail equipment based on a long ton of 2,240 pounds. Current quotes for scrap metal are $250.00 a long ton delivered or about $28,683. As steam locomotive parts are hard to come by certain parts would normally be removed prior to scrapping. These items such as the bell, whistle, number plates, injectors, feed water heaters, dynamo, gauges and brake equipment are very desirable and move quickly in a sale offer. They would likely add $15,000 of additional value and bring the gross scrap proceeds up in the range of $40,000 to $50,000. As steam locomotives are rare, scrapping is not a likely outcome for the subject unit. As this unit has friction bearings it cannot be moved on its own wheels on a Class One railroad. More likely the unit would be trucked or scrapped on site. Generally, a deduction is made for cost of transportation or the onsite scrapping. A recent purchase of a complete Shay locomotive that was heavily corroded and needed a new boiler sold for $50,000. Taking into consideration the completeness of NP 328, that it is an attractive unit, where it was stored, and that the unit did operate in the last 25 years it is more likely that NP 328 would sell in the range of $80,000 to $150,000 with value trending toward the higher number. There have been recent sales and purchases of similar size locomotives. The buyers and sellers are all very tight lipped about what the units sold for, but several gave this indication of the range. All of the people who gave me inputs said that if the owner were serious about getting the most value out of the unit, they should put it up for sale in a well -advertised auction. The downside of an auction 4 is that NP 328 could wind up going overseas instead of staying in the area that it had worked and had local history with. The estimated sale exposure time is 6 months or less in a normal market. The market for steam locomotives is currently normal. The estimated Current Fair Market Value, as of November 4, 2022, of One (1) Northern Pacific Steam Locomotive, Engine 328 is in the range of $120,000 to $150,000. II DESCRIPTION OF THE STEAM LOCOMOTIVE Specifications Builder: Rogers Works, American Locomotive Company Alco) Builder's number: 37583 Date built: Started 1905, completed 1907 Built for: Chicago Southern Original owner: Northern Pacific Current owner: City of Stillwater, Minnesota Cost when new: $14,500 Engine weight: 153,000 pounds Weight on drivers: 115,000 pounds Engine length: 39-0 Tender length: 23-6 Length over all: 58-5 Boiler pressure - new: 190 psi Boiler pressure - current: 175 psi Tractive effort - new: 26,600 pounds Wheel arrangement: 4-6-0 (Ten -Wheeler) Driver diameter: 57 inches Cylinder diameter: 19 inches Cylinder stroke: 26 inches Valve gear: Stephenson Reverse: Manual Cylinder valve: D slide -valve Superheaters: None Fuel: Coal Firing method: Hand -fired Injectors: Lifting Tender water capacity: 5,500 gallons Tender coal capacity: 8 tons Tender weight: 104,000 Pounds Data from Northern Pacific Railway Historical Association's, NPRHS' NP Steam Roster page. 5 III. VALUATION METHODOLOGY There are three generally accepted valuation approaches to determining value, i.e., the cost approach, the income approach and the market approach. Each valuation approach was considered in terms of its appropriateness for a locomotive that is 117 years old in preparing this Appraisal Report. I used the market approach in this appraisal. Each of these approaches is based on the Principle of Substitution which states that no buyer will pay more for a property than the cost to replace it. I used the market and cost approach as appropriate for each group of assets in this portfolio. The three approaches are further discussed and outlined below. Market Approach: The Market Approach relies on the assumption that the value of the Subject Assets can be measured by the selling or asking prices of similar assets, either individually or collectively, in the used market. The best evidence of the marketability of the Subject Assets would be market sales of assets exactly like the Subject Assets. Unfortunately, few such exact sales exist. Therefore, sales and asking prices of similar assets must be utilized and adjustments made for any differences. Examples of possible adjustments include those for the age, condition, and capacity of the assets; the location, date, and type of sale (e.g., retail sale, auction sale, or asking price); and, when appraising under the concept of continued use, the value associated with putting the asset to use. Cost Approach: The Cost Approach is based on the assumption that a prudent investor would not pay more for an asset than the amount it would cost to replace the asset. As such, the Reproduction and/or Replacement Cost New normally sets the upper limit of value. The first step in the Cost Approach is to estimate the Replacement Cost New ("RCN") for each Subject Asset. If the Subject Assets are not in new condition, a depreciation adjustment has to be made for the loss in value which occurs over time. The elements of depreciation to be considered are Physical Deterioration, Functional Obsolescence, and Economic Obsolescence, when applicable. Income Approach: The Income Approach requires that the earning capacity of the Subject Assets be investigated and that the indication of expected capacity, whether it is derived from a past, current, or projected earnings stream, be capitalized at a rate sufficient to satisfy the investment requirements associated with ownership. This approach is seldom used for individual pieces of machinery because of the difficulty arising from assigning income to any particular fixed asset. Biggs will use the income approach only at the request of the client and that sufficient data will be provided to arrive at the remaining term of the lease and net rental after maintenance, taxes and insurance have been deducted. 6 Fair Market Value: An opinion expressed in terms of money, at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts, as of a specific date. Replacement Cost New: The current cost of a similar new property having the nearest equivalent utility as the property being appraised, as of a specific date. Orderly Liquidation Value: An opinion of the gross amount, expressed in terms of money, that typically could be realized from a liquidation sale, given a reasonable period of time to find a purchaser (or purchasers), with the seller being compelled to sell on an as -is, where -is basis, as of a specific date. Forced Liquidation Value: An opinion of the net amount, expressed in terms of money, that typically could be realized from a liquidation sale, given a reasonable period of time to find a purchaser (or purchasers), with the seller being compelled to sell on an as -is, where -is basis, as of a specific date. Interchange or Railroad Interchange is defined as the unrestricted movement of railcars between railroads as prescribed and codified in the Association of American Railroads Interchange Rules. These rules set the standards for the minimum condition of railcars to allow their movement between railroads. Exposure Time: The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. In preparing this appraisal, I have relied on information provided by Stillwell to Biggs as to the steam locomotives specifications. Market Demand and Uses for Steam Locomotives Steam Locomotives in small numbers in both narrow gauge and standard gauge are available in the market on an irregular basis in large and small size and varying condition, from rusted out hulks, to restored, and operational units in excellent condition. My survey for this appraisal covered railroads, museum operations, and tourist operations that both operate and restore steam era locomotives. In many instances, the questions asked by my contacts were "Is your client interested in selling their equipment?" A big part of the value of a steam locomotive is related to being able to operate it to pull trains that will generate a substantial enough revenue to justify the overall cost of steam locomotive operations. The smaller switcher type engines in the 0- 4-0 and 0-6-0 configuration are generally too light to pull tourist trains of enough length to generate enough income for sustained operations. Tractive effort of a steam locomotive is a key factor in its desirability to a potential tourist railroad operator. A steam locomotive, even a switcher type, 0-6-0 that has more than 30,000 pounds of tractive effort may be a desirable unit. The Heavier steam locomotives in the 2-6-0, 4-6-0, 4-6-2, 2-8-0, and 2-8-2-wheel arrangement generally have the tractive effort to pull five to seven or more passenger cars over 7 the ruling grade of the railroad line segment. These are the locomotives in the highest demand in the marketplace. These are the most plentiful surviving steam locomotives and the attributes that allowed them to last through the dieselization of railroads still hold true today. Generally, the cost to meet the mandated 1,472-day boiler inspection and overhauling the locomotives running gear and systems are in the range of $500,000 to One Million or more, all depending on condition of the locomotive. Taking into consideration the completeness of NP 328, that it is an attractive unit, where it was stored, and that the unit did operate in the last 25 years it is more likely that NP 328 would sell in the range of $80,000 to $150,000 with value trending toward the higher number. There have been recent sales and purchases of similar size locomotives. The buyers and sellers are all very tight lipped about what the units sold for, but several gave this indication of the range. All of the people who gave me inputs said that if the owner were serious about getting the most value out of the unit, they should put it up for sale in a well -advertised auction. The downside of an auction is that NP 328 could wind up going overseas instead of staying in the area that it had worked and had local history with. The estimated sale exposure time is 6 months or less in a normal market. The market for steam locomotives is currently normal. The estimated Current Fair Market Value, as of November 4, 2022, of One (1) Northern Pacific Steam Locomotive, Engine 328 is in the range of $120,000 to $150,000. 8 IV. APPRAISAL ASSUMPTIONS AND LIMITING CONDITIONS This appraisal has been made with the following assumptions and limiting conditions: A. Title to the Assets: The property valued is assumed to be free and clear of liens, and other encumbrances unless otherwise stated, and all improvements are assumed to a permeant part of the asset. B. It is assumed that the assets in this appraisal are held in Fee Simple interest by a responsible owner and manager. Data provided to the appraiser is accurate at the time of the appraisal preparation and no warranty is provided for the accuracy of data provided by others. This appraisal and report have been made only for the Intended Use stated within the transmittal letter and the body of the report. It is not intended to be used for any other purpose Inventories were not considered as part of this valuation. We have not been engaged nor are we qualified to detect the existence of hazardous material, which may or may not be present on or in the railcars. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. No opinion is intended to be expressed for matters that require legal or specialized expertise, investigation, or knowledge beyond that customarily employed by appraisers. Biggs is not responsible for changes in market conditions and no obligation is assumed to revise this report to reflect events or conditions which occur subsequent to the Valuation Date. It is assumed that there are no hidden or non -apparent conditions of the property that would affect the value of the Subject Assets. At the client's request, the scope of this assignment was limited to the Subject Assets stated in the body and exhibits of the report. No consideration was given to any other assets. C. Confidentiality/Advertising: This report and supporting files documentation are confidential. No part of the content of this appraisal (including the report and the supporting file documentation) shall be disclosed to any party, or conveyed orally or in writing through advertising, public relations, news, sales, or in any other manner without the prior written consent and approval of both Biggs and the client. D. Report Format: This report is being presented in a summary or a restricted format (as noted in the body of the report). As such, it presents only a summary or limited discussion of our opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in Biggs' files. The depth of discussion contained in this report is specific to the needs of the Client and for the Intended Use of the report. E. Fair Market Value is defined as being the cash price obtainable, in an arm's length sale transaction between an informed, ready and willing purchaser (other than a used equipment dealer or scrap dealer) under no compulsion to purchase; and an informed, ready and willing seller, being under no compulsion to sell. 9 F. The Locomotive subject to this appraisal are in no -operational condition. The Locomotive is NOTin full compliance with all applicable rules and regulations of the Federal Railroad Administration ("FRA") Department of Transportation ("DOT"). G. The Highest and Best Use of a Steam Locomotive is for the service it was originally designed for and is the principal exit market for the individual units. Steam Locomotives are a long-lived asset and over time may either stay in their original service or cascade down to other service such as tourist operations. H. The Uniform Standards of Professional Appraisal Practices defines: Extraordinary Assumption: an assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinions or conclusions. USPAP defines: "Hypothetical Condition": a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results but is used for the purpose of analysis. J. In the preparation of this Appraisal, Biggs relied on information provided by Stillwater to Biggs as to the identification of the steam locomotive including the specification. The appraiser performing this appraisal has the appropriate knowledge, education, and experience to be able to develop credible results for the purpose and use outlined in this report. 10 V. APPRAISER'S CERTIFICATION 1. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report, and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 2. I stated in the appraisal report only my own personal, unbiased, and professional analysis, options and conclusions, which are subject only to the contingent and limiting conditions specified in this report. I certify that, to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. The reported analysis, opinions and conclusions are limited only by the reported assumptions and limited conditions, and are my personal, impartial, and unbiased professional analysis, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4. I have no present or contemplated future interest in the subject property, and neither my current or future employment, nor my compensation for performing this appraisal is contingent on the appraised value of the property. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. My analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice in place as of the effective date of this appraisal. 7. I have not made a personal inspection of the property that is the subject of this report. I further certify that I have noted any apparent or known or adverse conditions in the property. I have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effects of the adverse conditions on the marketability of the subject property. 8. The estimated fair market values are based on available data, the Appraisal Assumption listed in Section IV above and my knowledge and experience. 9. The successors, assigns, and affiliates of Stillwater may rely on this appraisal to the same extent as Stillwater. 11 10. The appraiser will not give testimony or appear in court because he has made an appraisal of the subject property, unless specific arrangements to do so have been made beforehand. 11.1 have NOT performed services for Stillwater, as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 12. The American Society of Appraisers has a mandatory recertification program for all of its senior members. The listed senior members (designated by the initials ASA) are in compliance with the requirements of that program. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report: therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. Johanna Biggs Crowley and Stuart William Biggs provided significant professional assistance in the preparation of this appraisal. While I believe these values are representative of what may be realized they cannot be guaranteed. Very truly yours, Stuart W. Biggs Appraiser Candidate Accredited Senior Appraiser 12 Appendix A Biggs Appraisal engine-328.pdf http://www.chisagocityheritage.org/engine-328.pdf This information comes from the Minnesota Transportation Museum's website http://www.mtmuseum.oralisrfroster/np328.pho. (hat tip Mark Karnowski) This is the engine that pulled the last train along the spur line on 7/1/1948 that ran from Wyoming to Taylors Falls. It had a long and varied career and, as can be seen in this photo, even survived the 1965 Stillwater flood. Northern Pacific 328 4-6-0 Steam Locomotive Steam locomotive 328 is a light 4-6-0 "Ten Wheeler" which spent years running branch line trains to small towns along the St. Croix river, like Stillwater, Grantsburg, and Taylors Falls. Those tracks are gone, but 328 survived in a city park in Stillwater. In 1981 it was restored to operation by the Minnesota Transportation Museum. Today 328 is being refitted again for another return to service pulling excursion trains on the Osceola & St. Croix Valley Railway. Overhaul News Eighteen years of operation have taken their toll on 328's boiler and running gear, and it is currently in the shop for a major overhaul. The Jacketing and appliances have been removed from the outside of the boiler, the smokebox and firebox stripped, and the flues removed. Plans call for firebox and flue sheet renewal, new flues, running gear repair, and new wheels under the tender. Donations and grants to help fund the work are being sought. Contributions may be submitted to: MTM, #328 Steam Fund, 193 E. Pennsylvania Ave., St. Paul, MN 55101. Also, a special excursion to Marshfield, WI was held in 2000 as a fundraising event. Skilled and unskilled volunteer labor will help return 328 to service as soon as possible, but museum membership is required. The work is being done at the Jackson Street Roundhouse, which includes a museum of Minnesota railroad history. History The story begins in 1904, when the Chicago Southern railroad was incorporated to build 114 miles of track from Chicago to a connection with the Southern Indiana Railway. Forty locomotives were ordered in 1905 from the American Locomotive Company's Rogers works in Patterson, New Jersey. The order included twelve 2-6-0 "Mogul" types, eight 4-4-0 "American" types, and twenty 4-6-0 "Ten 1 of3 10/16/2022. 5:52 PM Appendix B ..A. . .. Biggs Appraisal Edward D. Biggs III, L.L.C. D/B/A Biggs Appraisal Accredited Senior Appraiser 2255 Sumter Lake Drive Marietta, GA 30062 404-625-4059 biggsappraisal@yahoo.com Appraiser's Background and Professional Qualifications Accredited Senior Appraiser o Member - American Society of Appraisers (ASA) o Machinery and Technical Specialties Division General area of expertise: machinery and equipment o Specialty in the inspection and valuation of railroad industry equipment o Railroad rolling stock, Freight and Passenger o Locomotives, Diesel, Electric and Steam o Maintenance -of -way equipment o Rail Car Movers o Track, Railroads, Yards and Sidings Rail Industry Experience o XTRA o Chrysler Rail o Railcar Ltd o Progress Rail Services o Kankakee Beaverville and Southern RR o Seminole Gulf Ry. / Bay Colony R.R. / Maryland & Delaware R.R. Appraisal Experience o 1999-2002: Accredited Member of ASA o 2003: Accredited Senior Appraiser o 2003-2005: Senior Associate, Norman W. Seip & Associates o 2006- Present Edward D. Biggs III, LLC d/b/a Biggs Appraisal o 2011-2012 Vice President Atlanta Chapter American Society of Appraisers o 2012-2014 President Atlanta Chapter American Society of Appraisers Clients 0 0 0 0 0 0 0 0 0 AMTRAK BNSF Railway Everest Railcar Banc of America Leasing Georgia Pacific Wells Fargo Rail Infinity Rail LLC Mitsui U.S.A. PNC Equipment Finance o General Electric Transportation Finance o Federal Railroad Administration o Fifth Third Equipment Finance o BB&T Equipment Finance o Consolidated Grain & Barge o Truist Equipment Finance o Gulf and Ohio Railways o BMO Harris Equipment Finance o Commonwealth Bank of Australia American Society of Appraisers •�°'} Providing Value Worldwide The American Society of Appraisers Attests that Edward D. Biggs III Accredited Senior Appraiser has successfully participated in the Society's mandatory Reaccreditation Program and has complied with its continuing education requirements, as set forth in the organization's Constitution, Bylaws and Administrative Rules. Therefore, formal reaccreditation has been granted by the International Board of Governors and will remain valid through March 04, 2024 60 p�ovld+�g Vafue Worldwide Chie Executive Officer (Interim) Dire Credentia ing Services Cite of *tt{Ytnater, fliinne5ota RESOLUTION 2022- John Nobles WHEREAS, John Nobles is retiring from his position as Paid On -Call Assistant Fire Chief for the City of Stillwater Fire Department, effective December 1, 2022. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his service to the City of Stillwater, John is hereby commended for serving the City for 27 years. The Council extends their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to John Nobles. Adopted by the City Council this 6th day of December, 2022. • .Mayor Cite of *tt{Ytnater, fliinne5ota RESOLUTION 2022- Jeff Zoe tt er WHEREAS, Jeff Roettger is retiring from his position as Paid On -Call Firefighter Engineer for the City of Stillwater Fire Department, effective January 1, 2023. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that for his service to the City of Stillwater, Jeff is hereby commended for serving the City for 23 years. The Council extends their appreciation for his dedicated service. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to enter this Certificate of Appreciation upon the official record of the Council and to deliver a certified copy thereof to Jeff Roettger. Adopted by the City Council this 6th day of December, 2022. • .Mayor Cite of titttuater, Aturte5ota J WHEREAS, Sydney Dettmann is a member of the Stillwater Area High School Girls Swimming & Diving Team; and WHEREAS, Sydney's accomplishments are: • member of Stillwater Swimming and Diving team 6 years • elected a co -captain her senior season • All -Conference honors: 6 years • Section qualifier: 6 years • Section medalist: 6 years • Section champion: 10 times • State qualifier: 4 years • State finalist: 4 years • All -State: 3 years in 9 events • State champion: 200 freestyle/2022 • Member of the Stillwater All -Time Top 10 list: 200 freestyle, 100 butterfly and 500 freestyle • Member of the Stillwater Dual Meet Dream Team: 200 freestyle, 400 freestyle relay • Carries a weighted GPA of 4.200 • Earned Academic All -American honors • Will be attending Bucknell University and will be a member of their swimming and diving team. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me as Mayor of the City of Stillwater, do hereby proclaim December 7, 2022 - Sydney Dettmann Day in the City of Stillwater and encourage the citizens of Stillwater to congratulate Sydney on her accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 6th day of December, 2022. .Mayor THE8 I R T H p L A C E Q E M I H H E S R 1 STILLWATER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition to ffifttecf fiiwtchwtdt fa,` it eit CIS fI t'tGf tiam , dedication, p 6 iaf ut&, ui, au& tans lnq p evtkunance, and di tinguidied 6 ettuice to the cite and its cittzenu fact 21 /3 y-ecvo ti3 J(uman JRes awtces Sp ecia& t-eanPdentiat, and toidies Piet well in the futwte, and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of recognition: December 6, 2022 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 November 15, 2022 SPECIAL MEETING Mayor Kozlowski called the meeting to order at 5:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller OTHER BUSINESS 5:00 P.M. Presentation of Police Department Operations Study Police Chief Mueller introduced the operational review of the Police Department conducted by BerryDunn, which covers operational, staffing and logistical functions. Michele Weinzetl, BerryDunn, reviewed the report and presented the overall recommendations, including: suggest the City move to a third full time investigator; add a half time position; adjust case assignment and review protocols; more robust use of solvability factors. She reported that the Stillwater Police Department is a highly ethical department, committed to community service, and to achieving best practices, responsive and active in making adjustments, and pursuing necessary changes to policies and practices. Staffing recommendations are: add one CSO; add five patrol officers; add one .5 investigator (adjust SRO to full-time during school year). Councilmember Odebrecht asked which is the most immediate need to tackle, and Ms. Weinzetl acknowledged that some of the recommendations have fiscal constraints. Additional staffing is at the top of the list. Second, understanding how to create efficiencies and help inform decisions of the Council to determine what should be done next. Councilmember Odebrecht asked if there are cultural barriers to implementing the recommendations, and Ms. Weinzetl replied that she does not sense particular cultural challenges. Chief Mueller commended the report for being not just about staffing, but also including recommendations for how to maximize efficiencies, process cases, and collect data. The goal is to review the report and revise it every few years. Ms. Weinzetl added that BerryDunn often assists organizations with the next step of prioritizing recommendations and designing strategic action plans, goals and action steps. City Council Meeting November 15, 2022 Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to accept the BerryDunn report on Stillwater Police Department Operations. All in favor. 2023 Staffing Considerations City Administrator Kohlmann stated that the City has set the preliminary budget levy with a 9.817% increase over the 2022 budget levy. This can be decreased, but not increased prior to the December 6 Truth in Taxation meeting. There were several staffing requests considered for the 2023 budget, but postponed for more information prior to making a decision, including the Police Department's request for two new patrol officers and the request for a Code Enforcement Officer in the Community Development Department. The budget impact on the tax levy would be: Two Police Officers - $247,524 or approximately 2.05% and Code Enforcement - $90,831 or approximately 0.75%. Mayor Kozlowski voiced support for all the requested positions which are community - facing. Councilmember Polehna stated he would like to postpone hiring of police officers until it is known whether there are grants to help fund the positions, depending on what happens with the State legislature. Councilmember Collins stated he wished there was a way to address the Fire Department staffing request and hopefully that is something to pursue next time around. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve the hiring of two patrol officers and one code enforcement officer. All in favor. RECESS Mayor Kozlowski recessed the meeting at 6:14 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 2 of 5 City Council Meeting November 15, 2022 CANVASS OF MUNICIPAL ELECTION City Clerk Wolf provided the Abstract of Votes Cast for Mayor, Council Member Ward 1 and Council Member Ward 4 for the City's municipal election held on November 8, 2022. Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the Abstract of Votes Cast for Stillwater's Municipal Election for Mayor, Council Member Ward 1 and Council Member Ward 4. All in favor. RECOGNITIONS OR PRESENTATIONS There were no recognitions or presentations. OPEN FORUM Lowell Thompson proposed historical markers for locations throughout the City, which would highlight Stillwater history and support four goals of the Comprehensive Plan. He stated State funds are available and he has brought the idea to the Heritage Preservation Commission, Chamber, Washington County Historical Society and other organizations. Councilmembers voiced support for staff to work with Mr. Thompson. Louise Hansen, Rivertown Commons resident, wished the Council Happy Thanksgiving. STAFF REPORTS Public Works Director Sanders reported that the Chestnut Street project is suspended until April, with anticipated June completion. He explained snow plowing priority; trails are last. Police Chief Mueller stated the Veterans Day ceremony went well, and provided details on upcoming community events. Fire Chief Glaser recapped recent response activities and public outreach efforts, and gave seasonal warnings about unsafe ice, preventing cooking fires and carbon monoxide. Community Development Director Gladhill noted that the new parking payment system and a St. Croix Curling Club analysis will be presented December 6. City Attorney Land reminded the Council of the Stillwater Towing summary judgment hearing this Friday. City Administrator Kohlmann stated Kraus Anderson inspected City facilities and an alternative revenue report was sent to the workgroup. CONSENT AGENDA November 1, 2022 closed session and regular meeting minutes Payment of Bills Downtown Parking District Credit Card Kiosks Liquor and Tobacco License Renewals for 2023 - Resolution 2022-143 Liquor License for Lolito Cantina - Resolution 2022-144 Lumberjack Landing Vegetation Management Agreement One -Ton Truck Purchase Request Stillwater Lift Bridge Tender Parking - Resolution 2022-145 Terra Springs Certificate of Completion - Resolution 2022-146 Page 3 of 5 City Council Meeting November 15, 2022 Tobacco License for Stillwater Smoke Shop Well #11 Reservoir Repair Agreement Extended Hours Permit for Water Street Inn and Brian's Joint Powers Agreement with St. Croix County for Loop Trail Snow Clearing Motion by Councilmember Collins, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS 2023 Sidewalk Project Along Maryknoll Drive Feasibility Study Public Works Director Sanders requested authorization for a feasibility study for a sidewalk along Maryknoll Dr. from Oakridge Rd. to Interlachen Dr. In 2021, a proposal was presented to add a 5-foot-wide sidewalk on the east side of Maryknoll, however the sidewalk was not budgeted during the reconstruction of Maryknoll Drive, and was proposed for future consideration. The total length of the sidewalk would be 1,200 feet. The feasibility study will analyze the conflicts with existing utilities, street light poles, and private landscaping in the right-of-way, and prepare a breakdown of costs. It is proposed that the sidewalk be considered for 2023. Councilmember Polehna commented that the City should investigate a citywide funding source for sidewalk projects so abutting residents do not bear all the cost. Motion by Councilmember Polehna, seconded by Councilmember Collins, to adopt Resolution 2022-147, Resolution Ordering Preparation of Feasibility Study for 2023 Sidewalk Along Maryknoll Dr. from Interlachen Dr. to Oakridge Rd., Project 2023-03. All in favor. CBD Establishment Licenses City Attorney Land informed the Council that the City received three CBD retail establishment license applications and two of them cannot meet the 50% gross retail sales requirement, because they have not been able to stock their inventory sufficiently due to the moratorium that was in place. The third applicant can meet the 50% gross retail sales requirement, but is not compliant with the zoning requirement. The City's ordinance only authorizes two CBD retail establishment licenses. However, in the interest of fairness for calendar year 2023, in order to allow the two businesses to attempt to establish their business and show 50% gross retail sales, yet acknowledge the one business that already meets the threshold, staff recommends a one-year exception to allow three CBD retail establishment licenses. All would still need to apply for a Conditional Use Permit. Mayor Kozlowski noted the Council will probably be reviewing this ordinance sooner rather than later considering comments received from breweries and bars. Page 4 of 5 City Council Meeting November 15, 2022 Councilmember Junker remarked that he does not like to allow an exception to a brand new ordinance. The CBD House is selling 100% THC products, that has been their livelihood, so he is 100% in favor of The CBD House getting their license. For the two tobacco shops, this is not their livelihood and they do not meet the 50% sales requirement in the ordinance. He recommends licensing only The CBD House. Councilmember Collins commented that the two tobacco shops not meeting the 50% threshold is not their fault, it is because of the moratorium the Council enacted. Motion by Councilmember Collins, seconded by Councilmember Polehna, to adopt Resolution 2022-142, Resolution Allowing Three CBD Retail Establishment Licenses. Motion passed 3-2 with Councilmembers Junker and Odebrecht voting nay. COUNCIL REQUEST ITEMS Councilmember Polehna noted the Lowell Park Christmas Tree will go up on November 29 and the Twinkle Parade is December 3, and Councilmember Junker stated the bridge will be lit by Tuesday. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Collins, to adjourn. All in favor. The meeting was adjourned at 7:49 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2022-142, Resolution Allowing Three CBD Retail Establishment Licenses Resolution 2022-143, Approving Renewals of Liquor Licenses and Tobacco Licenses for 2023 Resolution 2022-144, Approving Issuance of New On -Sale Liquor License with Sunday Sales to MAV Hospitality, LLC DBA Lolito Cantina Resolution 2022-145, The Creation of Parking Permits for the Designation of Two Reserved Parking Spots for the Stillwater Lift Bridge Tender Parking in Parking Lot 2 Resolution 2022-146, a Resolution Accepting and Granting Easements, Accepting Payment of Park Dedication Fees and Authorizing Certificate of Completion for Terra Springs Resolution 2022-147, Resolution Ordering Preparation of Feasibility Study for 2023 Sidewalk Along Maryknoll Dr. from Interlachen Dr. to Oakridge Rd., Project 2023-03 Page 5 of 5 Page 1 CITY OF STILLWATER LIST OF BILLS 1ST Line/Leewes Ventures LLC Advance Auto Parts Advanced Sportswear All Traffic Solutions ALPHA Training AT&T Mobility 8509 AutoNation Becker Fire Safety Services LLC Bolton & Menk Inc. Campion Barrow & Associates Canteen Refreshment Services CDW Government Inc. Cintas Corporation City of St. Paul CivicPlus Coca-Cola Distribution Comcast Corval Constructors Crysteel Truck Equip Cub Foods Dalco Defensive Edge Training & DVS Renewal ECM Publishers ECSI System Integrators Eng Michael Ferguson Waterworks #2518 FleetPride Fleischhaker Dave Force America Fury Motors Golden Expert Services Goodin Company Goodyear Commercial Tire Grainger Granicus Inc Group Medicareblue RX Guardian Supply H&L Mesabi Heritage Printing Inc. Holiday Stationstores Circle K Holiday Stationstores Circle K Credit Hudson Rod Gun & Archery Club Huebsch Service Ice Sports Industry Snacks for concessions Supplies Uniforms Speed display feedback Paraclete Shields Cell phone Hub cap Fire extinguisher service 72nd St Rd & Trl Law enforcement testing Concession supplies Computer Equipment Uniforms & mats Asphalt Municode supplement pages Beverages for concessions TV Internet & Voice Replace water heater Equipment repair supplies Beverages for concessions Janitorial supplies Training Tabs Publications Equipment repair Reimburse for mileage to training Meter Equipment repair supplies Reimburse for work boots Cable Equipment repair supplies Janitor Service Burkat Genesis Tires Tools & equipment Qtrly web streaming service Retiree Prescriptions Ins Uniforms Blades Checks Vehicle washes Fuel Range rental Mat cleaning service Skater Membership 1,377.30 109.62 444.00 13,960.00 6,262.48 77.19 58.20 821.85 14, 318.45 455.00 894.13 3,104.15 344.82 1,070.88 2,109.00 498.22 1,467.95 12,734.82 125.88 63.21 2,049.53 1,100.00 23.25 290.89 180.00 23.63 1,137.50 325.23 190.00 42.86 36.86 4,000.00 18, 704.00 1,350.32 1,422.87 2,123.31 9,646.00 2,308.10 4,998.00 994.53 120.00 103.34 3,547.50 708.81 180.00 Page 2 Intoximeters J.P. Cooke Co. Jefferson Fire and Safety Inc. Kofile Technologies Krueger's Christmas Trees LeadsOnline LLC Legacy Production Group LegalShield Less Lethal Linde Gas & Equipment Lindstrom Solar LLC Malwarebytes Manos Nancy Mansfield Oil Company Marshall Electric Company Max Todo Marine Services Menards Mercury Electric Miller Excavating Millz House Minnesota Pump Works MK Mechanical Inc MN Chiefs of Police Assoc. MN Dept of Health Drinking Water MN Dept of Transportation My Alarm Center Northland Chemical Corp Northstar Mudjacking & More Office Depot Olsen Chain & Cable Inc. O'Reilly Auto Parts Pepsi Beverages Company Pereboom Jesse Pioneer Press St. Paul Pro-Tec Design Quill Corporation Rehn Code Consulting Services Roettger Welding Inc. Safe Fast Inc SEH Inc Sentry Systems Inc. SHI International Corp Shilts Cindy Simplifile LC Sirchie Solv- Business Solutions St. Croix Recreation Fun Playgrounds Equipment repair charges Lic tags Airgas cylinder Records retention Wreaths Investigation System Service Package Martin Mac Viper lighting Data Breach Recovery VKS PRO Launcher Cylinders Solar Energy Malwarebytes Reimburse for mileage Fuel Electrician services Barge bucket truck for bridge lights Supplies & tools Electrical services Utilities improvements repairs Flooring at Armory Pump repair Preventive Maint Fire Hall CLEO & Command Academy Water Connection Fee Inspections and testing Alarm Monitoring Services Shower Power Sidewalk repairs Office supplies Inspection Equipment repair supplies Beverages for concessions Reimburse for mileage Fire subscription Parking ramp cameras Office supplies Plan Review Pump covers Tower harnesses 2023 Street Project Alarm monitoring Azure Reimburse for mileage for training Filing Fees Scales W-2s & 1099s Receptacles 272.95 149.95 297.68 5,531.22 210.00 2,563.00 10,000.00 155.40 1,314.00 63.33 2,936.12 10,687.49 34.40 12,347.51 1,659.00 3,650.00 1,472.82 1,370.15 47,103.82 4,765.00 721.15 882.85 968.00 15,491.00 299.87 110.37 399.04 1,960.00 75.73 814.00 58.59 1,437.91 13.63 367.00 8,620.26 427.36 1,736.37 846.15 1,233.80 538.35 140.85 11,528.50 54.99 351.75 38.46 325.79 19, 218.00 Page 3 Standard Spring Parts Stillwater Motor Company T.A. Schifsky and Sons Titan Machinery Shakopee TKDA Tri-State Bobcat Twin Cities Dots & Pop Uline Inc Valley Trophy Inc. Washington County Public Works Washington County Sheriffs Office Water Conservation Services Inc Wilson McShane Wruck Sewer & Portable Rental WSB & Associates Inc. York International Corp LIBRARY Ace Hardware Amazon Business Backgroundchecks.com Bibliotheca LLC Brenden Sheri Brodart Co Chan Karen Comcast Grainger Huebsch Service Kaericher Jodi KidCreate Studio/Get Messy Midwest Tape Music Together in the Valley Office of MN IT Services Otis Elevator Company Palen Kimball LLC Parcel Arts LLC Pioneer Press St. Paul Stillwater Gazette Survey Monkey World Book Inc Equipment repair supplies Vehicle service Aggregate Equipment repair supplies Lily Lake PRV Equipment repair supplies Treats for concessions Supplies HPC Awards CSAH 24 Final Pub Crawl Foot Patrol 10-29-22 Water Leak Detection November Premium Chase Friendt Portable Restroom 2022 Street Imp Equipment repair supplies Supplies Supplies & materials Background Check Self -check Maintenance Agreement Programs Materials Programs Internet Loading Dock Safety Gate Towels & Rugs Staff Reimbursement Programs Materials Programs Telephone Elevator Maint Agreement Roof Upgrade Programs Materials Materials Survey Software Materials 2,329.76 51.45 678.75 3,885.50 4,541.75 294.19 633.60 2,209.90 242.40 10,536.56 2,380.70 321.88 1,345.00 1,960.19 1,642.50 40.80 226.35 1,162.63 36.15 8,842.00 250.00 4,543.01 700.00 188.10 2,234.22 133.07 17.30 300.00 619.27 300.00 148.35 638.34 19,460.00 387.00 1,407.00 117.95 384.00 996.88 TO: ffl1wr Administration Mayor and City Council Members FROM: Joe Kohlmann, City Administrator Donna Robole, Human Resources Manager DATE: December 6, 2022 SUBJECT: 2023-2025 Labor Agreement between City of Stillwater and Law Enforcement Labor Services (LELS) Local 254 Police Sergeants BACKGROUND The City of Stillwater and LELS Local 254 Police Sergeants have concluded negotiations for a successor labor agreement for 2023, 2024 and 2025 and the LELS Local 254 Police Sergeants membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration: Three (3) year agreement January 1, 2023 through December 31, 2025 • Wages: 3% increase 2023, 3% increase 2024, 3% increase 2025 • Health Insurance: Increase monthly employer contribution for family plan by $15.14 in 2023, $15 in 2024, and $15 in 2023 • Definitions: Added clarifying language to the definition of union member • Union Steward: Provides a maximum of 40 hours of duty time annually to attend to union matters • Severance — Memorandum of Agreement to direct 50% of funds in to a Post Retirement Health Care Savings Plan (sick, comp, vacation and holiday). RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and LELS Local 254 Police Sergeants is consistent with direction from City Council for labor negotiations. LELS Local 254 Police Sergeants membership has approved the 2023-2025 labor agreement. Increased contract costs are included in the proposed 2023 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2023-2025 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants." City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING THE 2023-2025 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES LOCAL 254 POLICE SERGEANTS BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2023- 2025 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 254 Police Sergeants, as on file with the City Clerk, is hereby approved with the following changes: • Contract Duration: Three (3) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% increase 2023, 3% increase 2024, 3% increase 2025 • Health Insurance: Increase monthly employer contribution for family plan by $15.14 in 2023, $15 in 2024, and $15 in 2023 • Definitions: Added clarifying language to the definition of union member • Union Steward: Provides a maximum of 40 hours of duty time annually to attend to union matters • Severance — Memorandum of Agreement to direct 50% of funds in to a Post Retirement Health Care Savings Plan (sick, comp, vacation and holiday). BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 6th day of December, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. POLICE SERGEANTS (LOCAL NO. 254) JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 TABLE OF CONTENTS ARTICLE TABLE OF CONTENTS ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 APPENDIX A APPENDIX B APPENDIX C PURPOSE OF AGREEMENT RECOGNITION DEFINITIONS EMPLOYER SECURITY EMPLOYER AUTHORITY UNION SECURITY GRIEVANCE PROCEDURE SAVINGS CLAUSE PAGE 2 3 3 3 4 4 4 5 7 8 8 8 9 9 9 10 10 12 12 12 13 13 13 13 13 13 14 15 SENIORITY PROBATIONARY PERIODS DISCIPLINE CONSTITUTIONAL PROTECTION OVERTIME PAY COURT TIME CALL BACK TIME SICK LEAVE SEVERANCE PAY HOLIDAYS VACATION UNIFORMS INSURANCE UNION STEWARD MILITARY LEAVE SHIFT DIFFERENTIAL WAIVER DURATION 16 17 APPENDIX D 18 APPENDIX E .,19 LELS (Local No. 254) Labor Agreement Page 2 of 20 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. POLICE SERGEANTS (LOCAL 254) ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Stillwater, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc. Stillwater Police Sergeants, hereinafter called the UNION. The intent and purpose of this AGREEMENT to: 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' full agreement upon the terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in a unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 01-PCE-775 as: all essential licensed supervisory employees of the Stillwater Police Department, Stillwater, Minnesota, who are public employees within the meaning of Minnesota Statute 179A.03, Subd. 14, excluding confidential employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: An employee whose classification is within the exclusively recognized bargaining unit. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. LELS (Local No. 254) Labor Agreement Page 3 of 20 3.4 DEPARTMENT: The City of Stillwater Police Department. 3.5 EMPLOYER: The City of Stillwater. 3.6 CHIEF: The Chief of the City of Stillwater Police Department. 3.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.8 SCHEDULED SHIFT: A consecutive work period including two rest breaks and a lunch break. 3.9 REST BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. ARTICLE 4 EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5 EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate an employee from the bargaining unit to act as a Steward and an alternate. The UNION shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. LELS (Local No. 254) Labor Agreement Page 4 of 20 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suites, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this ARTICLE. ARTICLE 7 GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES: The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE: Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. LELS (Local No. 254) Labor Agreement Page 5 of 20 Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 Representative. The EMPLOYER -designated Representative shall give the UNION the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 Representative. The EMPLOYER -designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated Representative's final answer in Step 3. A grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The EMPLOYER and the UNION Representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Minnesota Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's LELS (Local No. 254) Labor Agreement Page 6 of 20 decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION. 7.7 CHOICE OF REMEDY: If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 5 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article VII. ARTICLE 8 SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to an administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. LELS (Local No. 254) Labor Agreement Page 7 of 20 ARTICLE 9 SENIORITY 9.1 Employer seniority shall be determined by the EMPLOYEE'S length of continuous employment with the Police Department. Job classification seniority shall be determined by the EMPLOYEE'S length of continuous employment in a position covered by this Labor Agreement. Seniority lists shall be posted in an appropriate location. 9.2 A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 9.3 Shift bids shall be by seniority at the sole discretion of the Police Chief. ARTICLE 10 PROBATIONARY PERIODS 10.1 All newly hired or rehired employees will serve a one (1) year probationary period. 10.2 All employees will serve a one (1) year probationary period in any job classification in which the employee has not served a probationary period. 10.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 10.4 At any time during the probationary period a promoted employee may be demoted to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 11 DISCIPLINE The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: A. oral reprimand; B. written reprimand; C. suspension; D. demotion; or E. discharge. 11.2 Suspensions, demotions and discharges will be in written form. 11.3 Written reprimands, notices of suspension and notices of discharge, which are to become part of an EMPLOYEE'S personnel file shall be read and acknowledged by signature of the EMPLOYEE. EMPLOYEE and the UNION will receive a copy of such reprimands and/or notices. LELS (Local No. 254) Labor Agreement Page 8 of 20 11.4 EMPLOYEES may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 11.5 EMPLOYEES will not be questioned concerning an investigation of disciplinary action unless the EMPLOYEE has been given an opportunity to have a UNION representative present at such questioning. 11.6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. ARTICLE 12 CONSTITUTIONAL PROTECTION 12.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 13 OVERTIME PAY 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record keeping purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen minutes. 13.6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 13.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the EMPLOYEE and the Police Chief. I3.7 Carryover of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31st of each calendar year, shall be paid off on that date. 13.8 Police Department administration will post special events, including but not limited City festivals, promptly upon notification of the need for additional police coverage for the event. ARTICLE 14 COURT TIME 14.1 An EMPLOYEE who is required to appear in court on their scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one-half (1 Y2) times the EMPLOYEE'S base pay rate. An extension or early report to a regular scheduled LELS (Local No. 254) Labor Agreement Page 9 of 20 shift for court appearances does not qualify the employee for the three (3) hour minimum. ARTICLE 15 CALL BACK TIME 15.1 An EMPLOYEE who is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one-half (1 %) times the EMPLOYEE'S base pay rate. An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. For the purpose of computing call back time compensation, call back hours shall not be pyramided, compounded or paid twice for the same hours paid. ARTICLE 16 SICK LEAVE 16.1 All regular, full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: A. B. C. D. E. F. G. If term of employment has been one year but less than two years, one week of full pay. If term of employment has been 2 to 5 years - full pay 8.5 weeks. If term of employment has been 5 to 10 years - full pay 19.5 weeks. If term of employment has been 10 to 15 years - full pay 32.5 weeks. If term of employment has been 15 to 20 years - full pay 39 weeks. If term of employment has been 20 - 25 years - full pay 45.5 weeks. If term of employment has been 25 years or more - full pay 52 weeks. For all employees hired on or after January 1, 2019, full-time employees will accrue eight (8) hours sick leave per month up to a maximum of 1,040 hours. Sick leave may be accumulated up to a maximum of 1,040 hours. No accrued sick leave can be used during the first six (6) months of employment. Up to a maximum of 1,040 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. Employees hired on or after January 1, 2019 shall not be covered by Section 16.1(A-G); Section 16.3(A-D) and Article 17. 16.2 No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. LELS (Local No. 254) Labor Agreement Page 10 of 20 16.3 Sickness disability benefits usage shall be subject to the following conditions: A. An EMPLOYEE may use the full entitlement only once annually. Full entitlement is defined as the accrual amount for the length of service to the City. B. Any days used by an EMPLOYEE must be replaced at the following earning rate: Employees with less than five (5) years service shall earn back a sickness disability leave at the rate of eight (8) hours for each month worked. Employees with five (5) years, but less than ten (10) years service shall earn back sickness disability leave at the rate of twelve (12) hours for each month worked. Employees with ten (10) or more years service shall earn back sickness disability leave at the rate of sixteen (16) hours for each month worked. C. Sickness disability leave time cannot be earned back during the time an employee is on sick leave. D. Only those employees who have utilized sickness disability leave shall earn back sickness disability leave time as a replacement for used leave time. 16.4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. 16.5 Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. 16.6 Sick leave will be suspended after benefits have been exhausted; however, an EMPLOYEE who has fulfilled all of the requirements for a vacation that has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay and benefits; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to LELS (Local No. 254) Labor Agreement Page 11 of 20 return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. ARTICLE 17 SEVERANCE PAY 17.1 One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to EMPLOYEE having completed a minimum of ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. ARTICLE 18 HOLIDAYS 18.1 EMPLOYEE shall be entitled to eleven (11) paid holidays per year. 18.2 Holiday pay shall be made the first payday in the month of December of each year. 18.3 The hourly rate for Holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month. 18.4 Any employee required to work on any of the following holidays shall be granted an additional one-half (1/2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday: New Year's Day Labor Day Veterans Day Thanksgiving Day July 4th President's Day Martin Luther King Day, Jr. Day Memorial Day Day after Thanksgiving (effective 1/1/09) Christmas Day 18.5 Immediately preceding the 1st anniversary date of employment, the employee shall be entitled to one additional floating holiday, without holiday pay. ARTICLE 19 VACATION 19.1 Regular, full-time employees shall be entitled to the following schedule: From 0 thru 12 months employment From 1 year thru 4 years employment After 4 years thru 10 years employment After 10 years thru 15 years employment After 15 years LELS (Local No. 254) Labor Agreement Page 12 of 20 6.66 hours per month 80 hours per year 120 hours per year 160 hours per year 8 additional hours for each year up to twenty years for a maximum of 200 hours. 19.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment. An employee may cash out any vacation hours that exceed 80 up to a maximum of 40 hours at the rate of pay in effect at the end of the previous year. An employee may carryover vacation hours; however, there shall be a maximum of 240 hours vacation during any one (1) calendar year. On an annual basis, employees may voluntarily elect to cash -out up to 40 hours of vacation. The written election is irrevocable in naturel and must be made on or before December 15 in the calendar year prior to the cash -out taking place. 19.3 One continuous vacation period shall be selected on the basis of seniority until March 1st of each calendar year. ARTICLE 20 UNIFORMS 20.1 The EMPLOYER shall provide required uniform articles and equipment. ARTICLE 21 INSURANCE 21.1 The EMPLOYER shall contribute 100% of the premium for the single plan. Effective January 1, 2023, the EMPLOYER will contribute $1,277.00 per month for the dependent plan. Effective January 1, 2024, the EMPLOYER will contribute $1,292.00 per month for the dependent plan. Effective January 1, 2025, the EMPLOYER will contribute $1,307.00 per month for the dependent plan. 21.2 The EMPLOYER will provide a $30,000 term life insurance policy for each employee. 21.3 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE 22 UNION STEWARD 22.1 The EMPLOYER agrees that the employee designated Steward under Article 6.2 this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION mattet@fas designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. ARTICLE 23 MILITARY LEAVE 23.1 The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes. ARTICLE 24 SHIFT DIFFERENTIAL 24.1 Employees shall be eligible for shift differential of $.50 for hours worked between 8:00 p.m. and 6:00 a.m. 24.2 Employees required to work between 12:00 a.m. and 11:59 p.m. on July 4, the LELS (Local No. 254) Labor Agreement Page 13 of 20 Saturday and Sunday of Harvest Fest, the Saturday and Sunday of Lumber Jack Days and the four evening hours of National Night Out shall be eligible for shift differential of $1.00 per hour for hours worked. ARTICLE 25 WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations, terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 26 DURATION 26.1 The AGREEMENT shall remain in full force and effect for a period commencing JANUARY 1, 2023 through December 31, 2025. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 2022. FOR THE CITY OF STILLWATER: FOR LELS POLICE SERGEANTS, (LOCAL NO. 254) g-'711‘44) /.3 4, (0,k1,0-1,1 LELS (Local No. 254) Labor Agreement Page 14 of 20 APPENDIX A 2023 Base Pay Structure Sergeants 2023 Monthly Base Pay Structure 3% General 'Nage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 11 Sergeant Sergeant Investigator $8,273 $8,522 $8,777 $9,041 $9,312 $9,591 $9,879 $10,175 $10,481 $10,795 $11,119 In the event a Stillwater Patrol Officer is promoted to Sergeant, the employee will be placed at a minimum of Step 5 or the step that is at least a 5% increase in the employee's current salary. Effective January 1, 2017, employees will be placed on the step in the new pay structure at the designated grade that provides wage rate that is equal to or greater than the employee's December 31, 2016 base wage and longevity pay combined. Employees whose December 31, 2016 base wage and a longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive any general wage adjustment in a non -base lump sum. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following employee's July 1 anniversary date. Employees who are promoted or hired as Sergeants on or after July 1, 2022 shall receive annual step movement on the first day of the first payroll period following the employee's anniversary date of their promotion or hire as a Sergeant. LELS (Local No, 254) Labor Agreement Page 15 of 20 APPENDIX B 2024 Base Pay Structure Sergeants 2024 Month! Base Pay Structure 3% General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 ! Step 5 I Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Sergeant 11 Sergeant Investigator [s8.522 $8,777 $9,041 $9,312 $9,591 $9,879 $10,175 $10,481 I $10,795 $11,119 $11,452 In the event a Stillwater Patrol Officer is promoted to Sergeant, the employee will be placed at a minimum of Step 5 or the step that is at (east a 5% increase in the employee's cunent salary. Effective January I, 2017, employees will be placed on the step in the new pay structure at the designated grade that provides wage rate that is equal to or greater than the employee's December 31, 2016 base wage and longevity pay combined. Employees whose December 31, 2016 base wage and a longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive any general wage adjustment in a non -base lump sum. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following employee's July I anniversary date. Employees who are promoted or hired as Sergeants on or after July 1, 2022 shall receive annual step movement on the first day of the first payroll period following the employee's anniversary date of their promotion or hire as a Sergeant. LELS (Local No. 254) Labor Agreement Page 16 of 20 APPENDIX C 2025 Base Pay Structure Grade Sergea_s nt 2025 Monthly Base Pay Structure 3% General Wage Adjustment Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 11 Sergeant Sergeant Investigator $8,777 $9,041 $9,312 $9,591 $9,879 $10,175 $10,481 $10,795 $11,119 $11,452 $11,796 In the event a Stillwater Patrol Officer is promoted to Sergeant, the employee will be placed at a minimum of Step 5 or the step that is at least a 5% increase in the employee's current salary. Effective January 1, 2017, employees will be placed on the step in the new pay structure at the designated grade that provides wage rate that is equal to or greater than the employee's December 31, 2016 base wage and longevity pay combined. Employees whose December 31, 2016 base wage and a longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive any general wage adjustment in a non -base lump sum. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following employee's July 1 anniversary date. Employees who are promoted or hired as Sergeants on or after July 1, 2022 shall receive annual step movement on the first day of the first payroll period following the employee's anniversary date of their promotion or hire as a Sergeant. LELS (Local No. 254) Labor Agreement Page 17 or20 APPENDIX D MEMORANDUM OF UNDERSTANDING CONTRIBUTIONS TO POST EMPLOYMENT HEALTH CARE SAVINGS PLAN LELS LOCAL 254 AND CITY OF STILLWATER This Memorandum of Understanding is entered into between LELS Local 11254 ("Union") and the City of Stillwater ("City"). WHEREAS, the City and the Union arc parties to a collective bargaining agreement; WI{EREAS, on September 2, 1997, the City has resolved to provide, at City expense, hospital/medical insurance coverage upon retirement (minimum 10 years of service) to any permanent, full-time cmploycc hired prior to December 31, 1998 (Ordinance 844); and WHEREAS, Minn. Slat. Sec. 352.98 allows the City to sponsor a post employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW THEREFORE, the parties agree that: I. All cmployccs, except those who qualify under Ordinance 844, shall he eligible to participate in paycheck deduction program (#2 below). All funds collected by the City on behalf of an eligible employee will be deposited into an employee's Post Employment Health Care Savings Plan account as provided by statute. 2. Eligible employees shall contribute $100 per paycheck to the employee's Post Employment Health Care Savings Plan. 3. upon separation of employment, employees shall be paid 100% of the severance pay benefit that is duc to the employee as provided in the collective bargaining agreement. 4. This Memorandum of Understanding shall he in effect beginning April 1, 2015, and shall remain in effect until and unless otherwise amended by the parties in writing. 5. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. IN WITNESS 1VH1 REOF, the parties hereto have executed this Memorandum of Understanding on the gj of _earl FOR THE CITY OF STILLWA'I'ER _. 2019. FOR LELS LOCAL #254 `-z1%) SA Ljiqvt4 LELS (Local No. 254) Labor Agreement Page 18 of 20 APPENDIX E MEMORANDUM OF AGREEMENT CONTRIBUTIONS TO POST EMPLOYMENT HEALTH CARE SAVINGS PLAN This Memorandum of Agreement is entered into between Law Enforcement Labor Services, Inc., Local 254 (hereafter "Union") and the City of Stillwater (hereafter "City"). WHEREAS, the Union and the City are parties to a collective bargaining agreement ("CBA") effective January 1, 2023, through December 31, 2025; and WHEREAS, Minnesota Stat. Sec. 352.98 allows the City to sponsor a post -employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW, THEREFORE, the parties agree that: I, From January 1, 2023, through December 31, 2025, eligible employees shall contribute 100% of existing severance benefit that are due the employee based on Article 17 Severance Pay, Article 18 Holidays, and Article 9 Vacation of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. This agreement sunsets on December 31, 2025, and commencing January 1, 2026, eligible employees shall contribute one-half of the existing severance benefit that is due the employee based on Article 17 of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. 2. These severance benefits will be deposited into an employee's Post Employment Health Care Savings Plan account administered by the Minnesota Post Employment Health Care Savings Plan established under Minnesota Stat. Sec. 352.98 and as outlined in the Minnesota State Retirement System's (MSRS) Trust and Plan Documents. 3. Any description of benefits contained in this Memorandum of Understanding is intended to be informational only. The management of contributed funds into the Post Employment I-Iealth Care Savings Plan is the responsibility of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board o Investment, their agents, employees or subcontractors and/or the investment options provider selected by the employee. The City's only obligation is to deposit accrued monies as outlined by this Memorandum. The City has no other responsibilities or obligations and no other claims can or shall be made against the City pursuant to this Memorandum. 4. The Union agrees to indemnity and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, suits, demands, judgements of any nature, liabilities, losses, damages, costs, and expenses including reasonable attorney's fees, arising out of the actions or inactions of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board of Investment, their agents, employees or subcontractors and/or the investment option provider selected by the employee. LELS (Local No. 254) Labor Agreement Page 19 of 20 5. This Memorandum of Agreement represents the full and complete agreement between the parties regarding this matter. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement to be executed the dates indicated by their respective signatures. LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL 254 11-c21-2002R___ Steward Date /V7 ,2 ??0 0702- siness Representative Date CITY OF STILLWATER Joe Kohlmann, City Administrator Date Date LELS (Local No. 254) Labor Agreement Page 20 of 20 DATE: December 6, 2022 TO: FROM: Joe Kohlmann, City Administrator Donna Robole, HR Manager Honorable Mayor and City Councilmembers SUBJECT: 2023-2025 Labor Agreement between City of Stillwater and Law Enforcement Labor Services (LELS) Local 257 Police Officers DISCUSSION The City of Stillwater and LELS Local 257 Police Officers have concluded negotiations for a successor labor agreement for 2023, 2024, and 2025 the LELS Local 257 Police Officers membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration: Three (3.) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% increase 2023, 3% increase 2024, 3% increase 2025 • Health Insurance: Increase monthly employer contribution for family plan by $15.14 per month in 2023, $15 per month in 2024, and $15 per month in 2025 • Uniforms: o $25 increase in 2023; $25 increase in 2024; $25 increase in 2025 o $100 can be carried forward in to next calendar year o $400 allocated for SWAT and Mobile Field Force effective January 1, 2023 • Distribution of Forced Overtime — Memorandum of Agreement to continue for 2023 — 2025. ACTION REQUESTED The proposed Labor Agreement between the City of Stillwater and LELS Local 257 Police Officers is consistent with direction from City Council for labor negotiations. LELS Local 257 Police Officers membership has approved the 2023-2025 labor agreement. Increased contract costs are included in the proposed 2023 budget. Therefore, staff recommends adoption of the resolution entitled "Approving the 2023-2025 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 257 Police Officers." City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX APPROVING THE 2023-2025 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES LOCAL 257 POLICE BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2023- 2025 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services Local 257 Police, as on file with the City Clerk, is hereby approved with the following changes: • Contract Duration: Three (3) year agreement January 1, 2023 through Dec. 31, 2025 • Wages: 3% increase 2023, 3% increase 2024, 3% increase 2025 • Health Insurance: Increase monthly employer contribution for family plan by $15.14 per month in 2023, $15 per month in 2024, and $15 per month in 2025 • Uniforms: o $25 increase in 2023; $25 increase in 2024; $25 increase in 2025 o $100 can be carried forward in to next calendar year o $400 allocated for SWAT and Mobile Field Force effective January 1, 2023 • Distribution of Forced Overtime — Memorandum of Agreement to continue for 2023 — 2025. BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 6th day of December, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 257) January 1, 2023 through December 31, 2025 Table of Contents ARTICLE PAGE ARTICLE I PURPOSE OF AGREEMENT 2 ARTICLE II RECOGNITION 2 ARTICLE HI DEFINITIONS 2 ARTICLE IV EMPLOYER SECURITY 3 ARTICLE V EMPLOYER AUTHORITY 3 ARTICLE VI UNION SECURITY 3 ARTICLE VII EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE 3 ARTICLE VIII SAVINGS CLAUSE 5 ARTICLE IX SENIORITY 5 ARTICLE X DISCIPLINE 6 ARTICLE XI CONSTITUTIONAL PROTECTION 6 ARTICLE XII OVERTIME 6 ARTICLE XIH COURT TIME 7 ARTICLE XIV CALL BACK TIME 7 ARTICLE XV WORKING OUT OF CLASSIFICATION 7 ARTICLE XVI SICK LEAVE 7 ARTICLE XVII SEVERANCE PAY 9 ARTICLE XVIII HOLIDAYS 9 ARTICLE XIX VACATION 9 ARTICLE XX UNIFORMS 10 ARTICLE XXI INSURANCE 10 ARTICLE XXII UNION STEWARD 10 ARTICLE XXIII MILITARY LEAVE 11 ARTICLE XXIV WAIVER 11 ARTICLE XXV HOURS OF EMPLOYMENT 11 ARTICLE XXVI SHIFT DIFFERENTIAL 11 ARTICLE XXVII DURATION 11 ARTICLE XXVIII K-9 OFFICER 11 APPENDIX A 13 APPENDIX B 14 APPENDIX C 15 APPENDIX D 17 LELS (Local No. 257 Patrol) Labor Agreement, Page 1 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 257) ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as ofJanuaiy 1, 2023 between the City of Stillwater, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Inc. (Local No. 257), hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written farm the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 8, for all police personnel in the following job classifications: POLICE OFFICER JUVENILE OFFICER INVESTIGATOR NARCOTICS OFFICER 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services (Local No. 257). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Stillwater Police Department. 3.5 EMPLOYER: The City of Stillwater 3.6 CHIEF: The Chief of the City of Stillwater Police Department. 3.7 UNION OFFICER: Officer elected or appointment by Law Enforcement Labor Services, Inc. (Local No. 257). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including two rest breaks and a lunch break. 3.10 REST BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. LELS (Local No. 257 Patrol) Labor Agreement, Page 2 3.11 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER, ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5,1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgement brought or issued against the EMPLOYER as a results of any action taken or not taken by the EMPLOYER under the provisions of this Article, ARTICLE VII EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE 7.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. 7,2 UNION REPRESENTATIVES: The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities establish by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during LELS (Local No. 257 Patrol) Labor Agreement, Page 3 normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE: Grievances as defined in section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 Representative. The EMPLOYER - designated Representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 Representative. The EMPLOYER - designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance, A grievance not resolved in Step 3 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated Representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. LELS (Local No. 257 Patrol) Labor Agreement, Page 4 B. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of the law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expense for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, or is contrary to a federal and state administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be LEIS (Local No. 257 Patrol) Labor Agreement, Page 5 maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER, During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER, 9.3 A reduction of the work face will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority, An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. 9,5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under direct supervisor of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizen by the United States and Minnesota State Constitutions. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and on -half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. 12,2 Overtime will be distributed as equally as practicable, with separate rosters for on -duty and off -duty overtime. LEIS (Local No. 257 Patrol) Labor Agreement, Page 6 12.3 Overtime refused by employees will, for record keeping purposes under Article 12.2, be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12,5 Overtime will be calculated to the nearest fifteen minutes. 12,6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 12.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the employee and the Police Chief. Carry over of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31" of each calendar year shall be paid off on that date. 12.7 An employee may accrue up to a maximum of 84 hours of compensatory time. This 84- hour compensatory time accrual maximum includes all types of accrued compensatory time including Sections 12.6 and 12.10 Fitness, with the exception of Sections 12.8 Pay Back Compensatory Time and 12.9 Training. 12.8 Pay Back Compensatory Time: If an employee is scheduled to work 84 hours per pay period and compensated for 80 hours per pay period, the employee shall accrue four (4) hours straight -time compensatory time per pay period or 34 hours per four (4) month period. Pay back compensatory time must be used before other types of compensatory time will be approved. Said pay back compensatory time must be used by December 31 of each calendar year. 12.9 Training: Training time assigned by the Chief which falls outside an employee's regularly scheduled shift shall be compensated at straight -time compensatory time in an amount equal to the training time. 12.10 Fitness: An employee shall accrue straight -time compensatory time in an amount equal to their regular shift length upon successful completion of the fitness test every 6 months. ARTICLE XIII COURT TIME An employee who is required to appear in court on their scheduled off -duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the three (3) hour minimum. ARTICLE XIV CALL BACK TIME An employee is called to duty during their scheduled off -duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2) times the employee's base pay rate, An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification for one work period or more shall receive the salary schedule of the higher classification. ARTICLE XVI SICK LEAVE 16.1 Sick leave will be suspended after benefits have been exhausted. However, an employee who has fulfilled all of the requirements for vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted any LELS (Local No, 257 Patrol) Labor Agreement, Page 7 disabled employee may apply, in writing, for an authorized leave of absence which when added to the period for which benefits have been paid shall not exceed one year. Such application shall be accompanied by a physician's certificate to the effect that such disabled employee has not been able to return to work. Upon return to employment, the employee shall retain all accumulated service credit of time worked prior to the employee's disability but shall receive no seivice credit for the period of absence, 16,2 EMPLOYEES HIRED AFTER APRIL 24, 1989 ( All full-time employees hired after April 24, 1989 shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: a. If term of employment has been one year but less than two years, one week of full pay. b. If term of employment has been 2 to 5 years — full pay 8.5 weeks. c. If term of employment has been 5 to 10 years — full pay 19.5 weeks. d. If tern of employment has been 10 to 15 years — full pay 32.5 weeks, e. If term of employment has been 15 to 20 years — full pay 39 weeks. f. If term of employment has been 20 — 25 years — full pay 52 weeks. g. If term of employment has been 25 years or more — full pay 52 weeks. 2. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. 3. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be earned at the following earning rate: employee shall earn sickness disability leave at the rate of two shifts for each month worked, c. Sickness disability leave time cannot be earned during the time an employee is on sick leave. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. 4. Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance, 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or fi•om fighting. 6, Sick leave will he suspended after benefits have been exhausted; however, an employee has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability, After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to return to work, Upon return to active LELS (Local No, 257 Patrol) Labor Agreement, Page 8 employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. For all employees hired on or after January 1, 2019, full-time employees will accrue eight (8) hours sick leave per month up to a maximum of 1,040 hours, Sick leave may be accumulated up to a maximum of 1,040 hours. No accrued sick leave can be used during the first six (6) months of employment. Up to a maximum of 1,040 hours of unused sick leave benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. Employees hired on or after January 1, 2019 shall not be covered by Section 16,2 1(a-g); Section 16.2 3(a-d) and Section 17.1. ARTICLE XVII SEVERANCE PAY 17.1 One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as provided above, but in no event shall such death benefit exceed sixty (60) days of full pay. ARTICLE XVIII HOLIDAYS 18.1 Employee shall be entitled to eleven (1 1) paid holidays per year. 18,2 Holiday pay shall be made the first pay day in the month of December of each year. 18.3 The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month. 18.4 Any employee required to work on any of the following holidays shall be granted an additional one-half (1/2) time the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday. New Year's Day Martin Luther King Day President's Day July 4'1' Memorial Day Labor Day Veterans Day Thanksgiving Day Christmas Day 18.5 Immediately preceding the 15' anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE XIX VACATION 19.1 Permanent employees shall be entitled to the following schedule: From 0 thru 12 months employtent From 1 year thru 4 years employment After 4 years thru 10 years employment After 10 years thru 15 years employment After 15 years 6.66 hours per month 80 hours per year 120 hours per year 160 hours per year 8 additional hours for each year up to twenty years for a maximum of 200 hours. LEIS (Local No, 257 Patrol) Labor Agreement, Page 9 19.2 Effective January 1, 2022, vacation shall accrue on the January IS` immediately preceding the anniversary date of etnployment. Vacation may be carried over into the next year. An employee may cash out any vacation hours that exceed 80 up to a maxitnum of 40 hours at the rate of pay in effect at the end of the previous year. There shall be a maximum of 240 vacation during any one (1) calendar year. On an annual basis, employees may voluntarily elect to cash -out up to 40 hours of vacation. The written election is irrevocable in nature and must be made on or before December 15 in the calendar year prior to the cash -out taking place. 19.3 One continuous vacation period shall be selected on the basis of seniority until March 1" of each calendar year. ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment to new hires, including Juvenile Officer, K-9 Officer and specialty assignments. Effective January 1, 2023, the EMPLOYER shall allocate to each non -probationary employee $875 per year and effective January 1, 2024 shall increase the uniform allocation to $900 per year and effective January 1, 2025 shall increase the uniform allowance allocation to $925 per year for the replacement and maintenance of all required regular patrol and investigations uniform articles and equipment. Body armor will be provided by the Employer. One hundred dollars ($100) of this amount can be carried over into the next calendar year. The EMPLOYER shall allocate $400 for SWAT and Mobile Field Force per year. ARTICLE XXI INSURANCE 21.1 The EMPLOYER shall contribute 100% of the premium for the single plan. Effective January 1, 2023, the EMPLOYER will contribute up to $1,277.00 per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2024, the EMPLOYER will contribute up to $1,292.00 per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2025, the EMPLOYER will contribute up to $1,307.00 per month, per employee toward group health insurance coverage, including dependent coverage. 21.2 Ten dollars ($10) of the maximum stated in 21.1 may be utilized to provide an employee dental insurance program for all unit employees if the UNION notifies the EMPLOYER that the unit employees desire such coverage. 21.3 The EMPLOYER will provide a $-30,000 term life insurance policy for each employee. 21.4 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the EMPLOYER to be subject to a penalty, tax or fine, the UNION and the EMPLOYER will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the EMPLOYER. ARTICLE XXII UNION STEWARD The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. LELS (Local No. 257 Patrol) Labor Agreement, Page 10 ARTICLE XXIII MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by the law. ARTICLE XXIV WAIVER 24,1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded, 24,2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terns and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXV HOURS OF EMPLOYMENT 25.1 The work week will consist of an average forty (40) hours per week, 25.2 Police Department administration will post special events, including but not limited to City festivals, promptly upon notification of the need for additional police coverage for the event. ARTICLE XXVI SHIFT DIFFERENTIAL 26.1 Effective January 1, 2015, employees shall be eligible for shift differential of $.50 per hour for hours worked between 8:00 p.m. and 6:00 a,m, 26.2 Employees required to work between 12:00 a.m. and 11 :59 p.m. on July 4, the Saturday and Sunday of Harvest Fest, the Saturday and Sunday or Lumber Jack Days and the four evening hours of National Night Out shall be eligible for shift differential of $l .00 per hour for hours worked. ARTICLE XXVII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 2023 through December 31, 2025. In the event a new AGREEMENT is not in effect January 1, 2026, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. ARTICLE XXVIII K-9 OFFICER 28.1 K-9 Officer shall receive handler time at the rate of one-half (1/2) hour for each scheduled work day and one (1) hour for each scheduled off for care and maintenance of the police dog. 28.2 K-9 Officer handler time shall be at a time mutually agreeable to the employee and the supervisor. LELS (Local No. 257 Patrol) Labor Agreement, Page 11 28.3 K-9 Officer handler time does not preclude the employee from the overtime provisions of this contract for hours worked outside the regular work schedule. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 2022. FOR THE CITY OF STILLWATER: I OIt LELS (Local No. 257): �Z-L- ton 1. ed-ld dd LELS (Local No. 257 Patrol) Labor Agreement, Page 12 APPENDIX A Patrol 2023 Monthly Base Pay Structure 3% General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 10 Patrol $7,124 $7,338 $7,558 $7,785 $8,019 $8,259 $8,507 $8,762 $9,025 f $9,296 $9,575 Patrol 2024 Monthly Base Pay Structure 3% General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 10 Patrol $7,338 $7,558 $7,785 $8,019 $8,259 $8,507 $8,762 $9,025 $9,296 $9,575 $9,862 Patrol 2025 Monthly Base Pay Structure 3% General Wage Adjustment Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 10 Patrol $7,558 $7,785 $8,019 $8,259 $8,507 $8,762 $9,025 $9,296 $9,575 $9,862 $10,158 DIFFERENTIAL PAY Juvenile OfficerlInvestiaatorNarcotics Officer: S212per month Field Traininc Officer: Employees assigned by the EMPLOYER as a Field Traininv. Officer will be paid an additional 1.5 hours of oa' at the renular rate of pav for each 12-hour shift worked as an FTO and I ,0 hour of pay, at the regular rate ofpav for each S-hour shift worked as an FTO. This provision replaces all previous agreements regarding FTO compensation. Annual step movement commences in 2021 and occurs thereafter on an annual basis effective on first day of first payroll period following the employee's anniversary date. LELS (Local No. 257 Patrol) Labor Agreement, Page 13 APPENDIX B MEMORANDUM OF UNSTERSTANDING BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL No. 257 The City agrees to meet and confer regarding the increasing number of days officers are not allowed to take off. LELS (Local No. 257 Patrol) Labor Agreement, Page 14 APPENDIX C MEMORANDUM OF UNDERSTANDING Between CITY OF STILLWATER and LELS (Patrol Officers) Distribution of Forced Overtime This Memorandum of Understanding is entered into between the City of Stillwater (hereafter "City") and Law Enforcement Labor Services, Inc. representing the Patrol Officers (hereafter "Union"). WHEREAS, the City of the Union are parties to a collective bargaining agreement; and WHEREAS, the Union has expressed concerns regarding senior Officers being forced to work overtime shifts. NOW, THEREFORE, the parties hereto agree as follows: 1. In the event a posted overtime shift has not been filled two weeks in advance of the shift, the overtime shift shall be assigned to the least senior Patrol Officer subject to the following conditions: a. If the least senior Patrol Officer is scheduled to work within the eight (8) hour period preceding the start time of the posted overtime shift, the second least Patrol Officer who is not scheduled to work within the eight (8) hour period preceding the start time of the posted overtime shift shall be assigned the overtime shift. This process shall continue up the seniority list until a Patrol Officer who is not scheduled to work within the eight (8) hour period preceding the start time of the posted overtime shift has been identified to be assigned the overtime shift. b. If a Patrol Officer is assigned an overtime shift pursuant to paragraph Section l .a, that Patrol Officer is "protected" from a second assigned overtime shift for a one month period from the date of the assigned overtime shift. In this event, the second least Patrol Officer who has not been assigned an overtime shift for a one month period from the date of the assigned overtime shift shall be assigned the overtime shift. This process shall continue up the seniority list until a Patrol Officer who has not been assigned an overtime shift for a one month period from the date of the assigned overtime shift has been identified to be assigned the overtime shift. if all Patrol Officers have been assigned an overtime shift pursuant to Section 1.a. within the one month period and are in "protected" status, the process of assignment shall resume with the least senior Patrol Officer and continue as described herein, c. A probationary Patrol Officer who is completing phases 1 through 4 of the Field Training Officer program is not subject to overtime shift assigninents pursuant to LELS (Local No. 257 Patrol) Labor Agreement, Page 15 this Memorandum. In order to be subject to the overtime shift assignments pursuant to this Memorandum, the Patrol Officer must have successfully completed phases 1 through 4 of the FTO program. d. This Memorandum shall not apply to early reports, hold-overs, shift extensions or emergency situations. 2. This Memorandum of Understanding shall be effective upon execution by the parties on a pilot program, trial basis through December 31, 2025. The Memorandum shall sunset on that date unless the parties mutually agree to its extension. 3. This Memorandum of Understanding shall not constitute a precedent with regard to any subsequent negotiations or matters between the parties. 4. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. FOR THIS UNION: FOR THE CITY: LELS (Local No. 257 Patrol) Labor Agreement, Page 16 APPENDIX D MEMORANDUM OF UNDERSTANDING CONTRIBUTIONS TO POST EMPLOYMENT HEALTH CARE SAVINGS PLAN This Memorandum of Agreement is entered into between the City of Stillwater (hereafter "City") and Law Enforcement Labor Services Patrol Local 257 (hereafter "Union"). WHEREAS, the Union and the City are parties to a collective bargaining agreement ("CBA") effective January 1, 2023, through December 31, 2025; and WHEREAS, Minnesota Stat. Sec. 352.98 allows the City to sponsor a post -employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW, THEREFORE, the parties agree that: 1. From January 1, 2023, through December 31, 2023, eligible employees shall contribute 100% of' existing severance benefit that are due the employee based on Article XIII Severance Pay, of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. This agreement sunsets on December 31, 2023, and commencing January I, 2024, eligible employees shall contribute 50% of the existing severance benefit that is due the employee based on Article XIII of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. 2. These severance benefits will be deposited into an employee's Post Employment Health Care Savings Plan account administered by the Minnesota Post Employment Health Care Savings Plan established under Minnesota Stat. Sec. 352.98 and as outlined in the Minnesota State Retirement System's (MSRS) Trust and Plan Documents. 3. Any description of benefits contained in this Memorandum of Understanding is intended to be informational only. The management of contributed funds into the Post Employment Health Care Savings Plan is the responsibility of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board o Investment, their agents, employees or subcontractors and/or the investment options provider selected by the employee. The City's only obligation is to deposit accrued monies as outlined by this Memorandum, The City has no other responsibilities or obligations and no other claims can or shall be made against the City pursuant to this Memorandum. 4. The Union agrees to indemnity and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, suits, demands, judgements of any nature, liabilities, losses, damages, costs, and expenses including reasonable attorney's fees, arising out of the actions or inactions of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board of Investment, their agents, employees or subcontractors and/or the investment option provider selected by the employee. 5. This Memorandum of Agreement represents the full and complete agreement between the parties regarding this matter. LELS (Local No. 257 Patrol) Labor Agreement, Page 17 IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement to be executed the dates indicated by their respective signatures, LELS Patrol Local 257 c_ideaz jem, j3 /.2-7002-7 Ped,d--- 5 c�� sr�l Date s. fl�isin c Agent Date CITY OF STILLWATER LELS (Local No. 257 Patrol) Labor Agreement, Page 18 Date Date DATE: TO: FROM: SUBJECT: llwater 'HE BIRTHPLACE OF M1NNF:,OI4, December 6, 2022 Honorable Mayor and City Councilmembers Jason Grode, Parks Superintendent Fencing for Public Works and Millbrook Parks Ballfields BACKGROUND The ballfields at Public Works Park and Millbrook Park each have fencing needs that haven't been addressed in the past. The ballfield at Public Works Park doesn't have a completed outfield fence and the foul lines don't have fencing to keep vehicles from vandalizing the field, which has happened quite often in the past. The ballfield at Millbrook Park has had a temporary outfield fence which is installed and removed each year and also does not have fencing along the foul lines to protect the field from potential vandalism. The Stillwater Area Baseball Association (SABA) has approached the City to help with these improvements to both of these ballfields that would mutually benefit the City and the Baseball Association. SABA is willing to pay up to $20,000 towards adding fencing, mow strips, gates, outfield wind screen, yellow capping and ag lime for warning track. The City has up to approximately $20,000 in remaining funds from the tennis court project at Settler's Park, which came in under what was budgeted in the Capital Improvement Plan. The Baseball Association is proposing to split the cost for these upgrades to these ballfields with the City of Stillwater which would benefit the various users of those park amenities. Attached is the lowest bid (of 4 estimates) by Cyclone Fence to complete this project in early Spring of 2023, if approved. The lowest bid for the entire project cost for both parks would be $39,359.00. RECOMMENDATION The Parks and Recreation Commission and staff are recommending to City Council that the City moves forward with the Stillwater Area Baseball Association (SABA) to each contribute half of the cost (up to $20,000 each) towards the construction of new fencing, gates and fence mow strips at Public Works Park and Millbrook Park. ACTION REQUESTED If the City Council agrees with the recommendation, they should make a motion for the City of Stillwater and SABA to each contribute 50% (up to $20,000 each) to install fencing upgrades at both Public Works and Millbrook Parks. Attachments: Fencing Estimate, Maps and Aerials of Public Works and Millbrook Parks Public Works Park (5' Fence) Cyclone Fence Additional Expenses Millbrook Park (6' Fence) Cyclone Fence Additional Expenses 24' Outfield Fence 173' Foul Line Fence (x2) $9,180.00 360' Outfield Fence 70' Foul Line Fence (x2) $13,934.00 10' Service Swing Gate $2,120.00 10' Service Swing Gate $2,120.00 24' Outfield Wind Screen x $200.00 360' Outfield Wind Screen $3,590.00 24' Corrugated top Cap (Yellow) x $200.00 360' Corrugated top Cap (Yellow) $2,490.00 Mow Strip 175' (x2) Foul Lines x $1,575.00 Mow Strip 70' (x2) Foul Lines $630.00 Mow Strip 360' Outfield Fence $1,620.00 Mow Strip Installed x $700.00 Mow Strip Installed $1,000.00 Total $11,300.00 $2,675.00 $22,134.00 $3,250.00 Grand Total 1 $13,975.00 $25,384.00 Project Total Cost $39,359.00 Add aglime to warning track Millbrook $1,500.00 Existing Public Works Park Fencing Layout Proposed Fencing Layout for Public Works Park Pgauc 1,*10 ►c.5 6ILL Existing Millbrook Park Fencing Layout Proposed Fencing Layout for Millbrook Park P1iLLBIspdF. BALL F1EL 4!1!water THE BIRTHPLACE OF MINNESOTA Date: November 29, 2022 To: Honorable Mayor and City Council From: Shawn Sanders, Director of Public Works Subject: Approval of GIS Technician Position BACKGROUND For several years, the Engineering Department has been handling the duties of Geographic Information Systems (GIS) primarily in the area of mapping and data collection of the City's parks and public works systems, including parks and trails, streets, sanitary sewer, watermain, and working with mapping in our asset management program. On occasion, mapping or information was provided to other departments in the City upon request. GIS work had been primarily performed by engineering technicians, who were not properly educated or trained trained in GIS and either learned on the go or by watching videos. This past spring, the engineering technician, who worked on GIS resigned, and essentially left the department with no GIS experience. The department was fortunate to hire an intern over the summer months whose was education background was GIS. The intern was able to correct and clean up a lot of GIS work from recent years and was able to complete tasks in a timely and efficient manner. Through this internship program , it shed some light on the importance of having a dedicated GIS position. This would allow GIS and engineering work to be separated and have qualified people with proper background for each position. A new position for a GIS Technician was initially included in the 2023 budget. After the intern, expressed interest into continue working the during school year, the request for the position was removed from the budget. Unfortunately, intern resigned shortly after the school year started, leaving the department without any GIS person. DISCUSSION Staff would like to proceed with a newly created position of GIS Technician as introduced for the 2023 budget. To start off with, the position would a permanent part time position working 24 hours a week. The GIS technician position would be focus on updating our mapping systems that was unfinished from the intern and continue on with other projects within the department. It is proposed that the position eventually become full-time.The position would be paid for from the Sanitary Sewer, Storm Water and Utility funds. A job description was been prepared and wage schedule established. If approved, the position would be advertised immediately, with hope of having the position immediately after the new year. RECOMMENDATION It is recommended that Council review the request for a GIS technician and approve the position request and the job description. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving the GIS technician and the job description. iliwater THE BIRTHPLACE OF M I N N E S B 1 A POSITION DESCRIPTION Employee name: Job Title: GIS Technician Department: Engineering/Public Works Reports To: Director of Engineering/Public Works Supervises: N/A FLSA Status: Non-exempt Bargaining Unit: AFSCME Grade 7 Pay Range POSITION SUMMARY Responsible for the planning, organizing and ensuring the day to day duties and operations of the GIS area. The position will focus most of duties related to Engineering and Public Works within the City. This position is responsible for a wide variety of routine functions including the design, analysis, systems integration development, implementation, coordination and support of the City's Geographic information System (GIS) functions. Work is independently achieved with minimal review for accuracy and adherence to established procedure by the Director of Public Works. Work is performed in core areas with little or no guidance. JOB DUTIES OR ESSENTIAL FUNCTIONS The essential functions of the position include, but are not limited to the following: 35 % Design, implement and maintain all aspects of the City's GIS. Act as the technical expert for the GIS system including ESRI products, database administration, mapping, web applications, asset management, addressing scripting languages. Assure GIS spatial accuracy, feature alignments, attribute population is complete. Create and update models for spatial data sets. 20% Use GIS principals and methods for the construction, production and ongoing maintenance of various databases, including standardized input methods, naming conventions, file characteristics and organization and symbology and map notations. 10% Frequent communication and documentation with city staff. 10% Provide technical support, assistance and training for the City GIS system; educate City staff on the capabilities and utilization of the system; assist in software implementation, development and maintenance 5% Coordinate the implementation and development of the City's asset management, including the system integration, data development 5% Convert, edit or create geographic data as necessary; use ARCview 5% Create and revise existing maps based on request and need. 5% Support GPS Data collections using Trimble collectors 5% Manage data collection and development of historical records with the City's GIS and Asset Management Program Position may not include all duties listed, nor do the examples listed include all the duties that may be found in this position • Design , implement and maintain all aspects of the City's GIS. Act as the technical expert for the GIS system including ESRI products, database administration, mapping, web applications, asset management, addressing scripting languages. • Provide technical support, assistance and training for the City GIS system; educates City staff on the capabilities and utilization of the system. • Coordinate the development of the City's asset management, including the system integration, data development. • Assure GIS spatial accuracy, feature alignments , attribute population is complete. • Convert, edit or create geographic data as necessary, • Create and revise existing maps based on request and need. • Support GPS Data collections using Trimble collectors • Assist in software implementation, development and maintenance. • Manage data collection and development of historical records with the City's GIS and Asset Management Program • Use GIS principals and methods for the construction, production and ongoing maintenance of various databases, including standardized input methods, naming conventions, file characteristics and organization and symbology and map notations. • Frequent communication and documentation • Perform other duties as assigned, including assisting IT department. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. QUALIFICATIONS Education • Bachelors Degree in GIS, Geography or Computer Science Experience • Two (2) years of GIS-related experience, experience with ESRI Arc GIS v 10.x, and ArcGIS Pro, experience with geoprocessing within the ArcGIS environment A combination of education and experience that meets the required knowledge for this position may be considered qualifying. Knowledge, Abilities and Skills • Knowledge of cartographic principles and GIS analytical concepts and ability to use GIS software to use to apply them. GIS Technician 2 • Knowledge of database principles and data formats and ability to use it to organize, process, and analyze data to produce GIS solutions. • Ability to conceptualize, analyze, manipulate, extract and display geospatial data. ability to effectively multi -task and demonstrate time management. • Ability to work within a team and establish and maintain effective relationships with co-workers, other departments, agencies, jurisdictions, consultants, and federal, state and local officials. • Ability to identify rules, principles, or relationships that explain facts, data or other information; analyze information and make correct inferences to draw accurate information. • Knowledge of legal descriptions surveying practices, municipal public works including parks and utilities infrastructure. • Ability to read and interpret data to create legible maps • Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. • Ability to work independently and make appropriate decisions. Special Requirements A valid driver's license. COMPLEXITY Work requires many different processes and methods applied to an established professional or technical field RESPONSIBILITY Supervision Needed: This position either (a) carries out work with minimal supervision (i.e. the supervisor sets only goals, priorities, and deadlines; and the employee uses guidelines that cover most situations), or (b) follows the supervisor's directions on methods and desired results but modifies methods to resolve unforeseen situations and problems. Supervision Given: High coordination of work with other individuals, e.g. Project Lead or First level supervisor or managerial roles in charge of an individual function. Impact: Work affects the overall efficiency and image of the organization on matters of significance. REQUIRED PHYSICAL ABILITIES AND WORK CONDITIONS The physical demands and work conditions described here are representative of those that must be met by an individual to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Hazards: While performing the duties of this job, this position: Nonstrenuous — Occasionally climbs a few steps, balance, bend/stoop, kneel/crouch, squat, crawl, reach above shoulder level, sit, stand, walk, finger/enter data/keystrokes, feel, talk, or hear, and/or exerts up to 10 pounds of GIS Technician 3 force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects. Surroundings: Low risk — Exposure to inside environmental conditions where it is adequately lighted, ventilated, and heated, and normal precautions must be observed. The above statements are intended to describe the general nature and level of work being performed by individuals employed in this job. They are not intended to be an exhaustive list of all duties and qualifications required of personnel in this job. The employer reserves its right to change the job description and establish, modify or eliminate job duties and responsibilities and jobs at its discretion with or without notice. ACKNOWLEDGEMENTS I acknowledge approving this job description. Department Head Date Human Resources Date I acknowledge reviewing this job description. Employee Date GIS Technician 4 iliwater THE B I R TH P i AC E OF MINNESOTA DATE: December 2, 2022 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Liquor License Renewal for 2023 La Carreta submitted their liquor license renewal application. Final application materials are being collected and background checks are being completed. Once approved, the application will be sent to Minnesota Alcohol Gambling Enforcement Division (AGED) for final liquor license approval. AGED approvals for liquor licenses are required before staff can issue the license to the establishment. RECOMMENDATION Staff recommends approval of the liquor licenses contingent upon receiving completed application materials and satisfactory investigation. ACTION REQUIRED If Council concurs with staff recommendation, they should pass a resolution approving the renewal of La Carreta's liquor licenses for 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2022- RESOLUTION APPROVING RENEWAL OF LIQUOR LICENSES FOR 2023 WHEREAS, application for renewal has been received by the business listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division and Washington County Public Health and Environment. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewal of the business listed below with their respective licenses, as contingent above: DBA (Doing Business As) Organization Name/Corporation License Type(s) La Carreta La Carreta On Sale; Sunday Adopted by Council this 6th day of December 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE B I R TH P i AC E OF MINNESOTA DATE: December 6, 2022 TO: Honorable Mayor Kozlowski and City Councilmembers FROM: Peter Mikhail, City Attorney's Office SUBJECT: Settlement Agreement — Long Lake Villas v. City of Stillwater BACKGROUND The City is involved in litigation with Long Lake Villas regarding a dispute over TIF reimbursement for development expenses related to the Long Lake Villas development. The parties have reached a settlement, which Council previously discussed. The essential terms are that the City will pay Long Lake Villas the sum of $350,000 from existing TIF funds in the TIF District as full and final settlement of all Long Lake Villa's claims; and Long Lake Villas acknowledges that the City shall decertify the TIF District upon dismissal of the lawsuit. ACTION REQUESTED Approve the attached Settlement Agreement. SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into by and between Long Lake Villa, a Minnesota Limited Partnership, Anchobaypro, Inc. a Minnesota corporation, Timothy L. Nolde, an individual, and Richard H. Pfister, an individual (collectively "LL Villa") and the City of Stillwater, a Minnesota municipal corporation ("City"). RECITALS A. The City created Tax Increment Financing District No. 8 ("TIF District") and established a tax increment financing plan for the TIF District ("TIF Plan") pursuant to the authority granted the City under the Minnesota Tax Increment Financing Act ("TIF Act"). The City, and LL Villa entered into certain agreements related to the use of tax increment generated in the TIF District to reimburse LL Villa for eligible expenses incurred in its development project pursuant to the TIF Plan, including without limitation, a Development Agreement and a TIF Agreement, together with assignment(s) and amendment(s) (collectively "Reimbursement Agreements"). B. The City made payments to LL Villa pursuant to the TIF Plan and Reimbursement Agreements ("TIF Payments") for a period of years, but ceased making TIF Payments in or about 2018. A dispute arose between LL Villa and the City over whether LL Villa was eligible for further TIF Payments. C. LL Villa commenced suit against the City in Washington County District Court, Long Lake Villa, a Minnesota Limited Partnership v. City of Stillwater, Court File Number 82-CV- 21-1779 ("Lawsuit"), seeking a declaration that the City had violated the Development Agreement, and seeking damages, interest, and attorney fees. The City answered LL Villa's complaint, denied that it had breached the Development Agreement, and raised certain affirmative defenses. D. The parties brought cross -motions for summary judgment. The City's motion asserted, among other things, that LL Villa's claim for further TIF Payments was barred by the applicable statute of limitations. LL Villa disputed that the statute of limitations barred its claims. The cross -motions were taken under advisement and the court has not issued a ruling. E. LL Villa and the City now desire to compromise and resolve their dispute and have reached a full and final settlement of all claims that were or could have been made in the Lawsuit. AGREEMENT Now, therefore, in consideration of their mutual promises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, LL Villa and the City agree as follows: 1 1. Recitals. The recitals set forth above are incorporated into this Agreement. 2. Settlement Payment. The City will reimburse LL Villa for additional eligible expenses incurred in its development in the amount of $350,000.00 within 30 days of the execution of this Agreement by all parties ("Settlement Payment"). 3. Release. LL Villa, for itself, its owners, successors, assigns, affiliates, officers, directors, members, and anyone else who claims rights by or through LL Villa, hereby releases the City, its elected officials, officers, staff, agents, representatives, and insurers, from any and all manner of claims, disputes, demands, actions, liability, damages, losses, fees or costs arising out of or in connection with the past, present, or future TIF Payments allegedly owed to LL Villa pursuant to the TIF Act, TIF Plan or Reimbursement Agreements, including all claims that were or could have been brought in the Lawsuit ("Release"). 4. Final TIF Payment; Decertification of TIF District. The Settlement Payment represents the final TIF Payment to LL Villa from tax increment generated by the TIF District. As a compromise of disputed claims, the City acknowledges that, but for its disputed statute of limitations defense, the court could decide that LL Villa is eligible for further TIF Payments that equal or exceed $350,000. LL Villa agrees that the City shall make no further TIF Payments to LL Villa and that, upon delivery of the Settlement Payment and dismissal of the Lawsuit, the City shall decertify the TIF District by adopting a resolution in substantially the form attached hereto as Exhibit A. 5. Non -Admission. This Agreement constitutes the compromise of disputed claims. Nothing in this Agreement shall be deemed an admission by any party. 6. Dismissal. Upon the City's delivery of the Settlement Payment, counsel for the parties shall execute and file a stipulation of dismissal with prejudice of the Lawsuit. 7. Governing Law. This Agreement is governed by the laws of the State of Minnesota. 8. Entire Agreement. The undersigned state and represent that each has fully read this Agreement and that each knows and understands the consequences and legal effect thereof. This Agreement contains the entire agreement of the parties with regard to the subject matter hereof 9. Execution. This Agreement may be executed in separate counterparts which, taken together, shall be and comprise one agreement. Photocopies and pdf copies of the fully executed Agreement shall be deemed originals for the purposes of enforcing this Agreement. 2 10. Authority. The persons signing this Agreement in their representative capacities represent and warrant by signing this Agreement that it is their intent to bind their respective principals to the terms and conditions set forth herein, that the persons signing in their representative capacity have been authorized to bind their respective principals to such terms, and that it is the respective principals' intent to be so bound. [Remainder of page intentionally blank.] 3 LL.Villa .Signature Page fated; 'J fI 1t Zre e? LONG LAB VILLA, L.P. Printed Name: , / / cc 7rit>" .. Ci Its: a/AK/ - - AN , OB .- RO, INC. Printe.Nani / _' _" Its: ' 1� TIMOTHY LDE R.ICHA.RD H. PFISTER LONLMEN ABDO, P.A. z (27//,_0 Barry A..O'Ne' . 20875) 1000 Internati 1 Centre 920 Second Avenue South Minneapolis, MN 55402 (612) 336-932.8. Barry@lommen.corn Attorneys for Plaint Long.Laice Villa, L.P. Dated: City Signature Page CITY OF STILLWATER Ted Kozlowski Its: Mayor Beth Wolf Its: City Clerk LEVANDER, GILLEN & MILLER, P.A. Peter G. Mikhail (#249907) Scott M. Lucas (#291997) Amanda Johnson (#0400128) 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 pmikhail@levander.com slucas@levander.com ajohnson@levander.com Attorneys for Defendant City of Stillwater 5 EXHIBIT A TIF District No. 8 Decertification Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA HELD: , 2022 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Washington County, Minnesota, was duly called and held at the City Hall in said City on , 2022, at 7:00 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 8 A. WHEREAS, the City of Stillwater, Minnesota (the" City") has heretofore created Tax Increment Financing District No. 8 (the "TIF District"); and B. WHEREAS, the City proposes to decertify the TIF District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, as follows: 1. The City Council hereby finds, declares and determines to decertify the TIF District, effective as of the date of this resolution. 2. The City Clerk is hereby directed to send a copy of this resolution to the County Auditor of Washington County and the Office of the State Auditor and to take all other steps, if any, which are necessary to decertify the TIF District. 3. All unspent tax increments collected from the TIF District remaining after the payment of all obligations and administrative expenses of the TIF District shall be returned to the County Auditor of Washington County for distribution to the affected tax jurisdictions in accordance with Minnesota Statutes, Section 469.176, subdivision 2. A-1 The motion for adoption of the foregoing resolution was duly seconded by member and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof: and the following voted against same: Adopted this day of , 2022. Attest: Beth Wolf, City Clerk Ted Kozlowski, Mayor A-2 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified and acting City Clerk of the City Council of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of the City held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution Decertifying Tax Increment Financing District No. 8. WITNESS my hand as such City Clerk of the City Council of the City of Stillwater, Minnesota this day of , 2022. Beth Wolf, City Clerk A-3 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: December 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Donna Robole, Human Resources Manager SUBJECT: Holiday Observance for Christmas Eve Day and New Year's Eve Day DISCUSSION The City of Stillwater Employment Policy Manual should be revised with regard to how the Christmas Eve Day and New Year's Eve Day holiday is observed when it falls on a Sunday. During the regular work week, City Hall closes at noon on Christmas Eve Day and at noon on New Year's Eve Day. Employees have a choice of taking their holiday on either Christmas Eve Day or on New Year's Eve Day. It is the employer's discretion to determine whether the employee will take the holiday on Christmas Eve Day or New Year's Eve Day. When Christmas Eve Day or New Year's Eve Day falls on a Saturday, the preceding Friday is the observed holiday. Currently the employment policy manual describes observing Christmas Eve Day and Christmas Day on Monday and Tuesday when Christmas Eve Day falls on a Sunday. It is not possible for most staff to observe Christmas Eve Day on a Monday because it is Christmas Day, a holiday. ACTION REQUESTED We recommend that the City of Stillwater Employment Policy Manual be revised to set observance of the Christmas Eve Day holiday and the New Year's Eve Day holiday on the Friday preceding Christmas Day and New Year's Day when Christmas Eve Day and New Year's Eve Day fall on a Saturday or a Sunday, and approve the Resolution entitled Modifying the City of Stillwater Employment Policy Manual. City of Stillwater Washington County, Minnesota RESOLUTION 2022-XXX MODIFYING THE CITY OF STILLWATER EMPLOYMENT POLICY MANUAL BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the City of Stillwater Employment Policy Manual is hereby modified with the following changes: When Christmas Eve Day falls on Sunday, and Christmas Day on Monday, the preceding Friday will be observed as the Christmas Eve Day holiday. When New Year's Eve Day falls on Sunday, and New Year's Day on Monday, the preceding Friday will be observed as the New Year's Eve holiday. Adopted by the City Council of the City of Stillwater this 6th day of December, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk iliwater THE B I R TH P i AC E OF MINNESOTA DATE: December 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Assistant City Planner & Yasmine Robinson, Planning Manager SUBJECT: Ordinance Amending City Code Section 31-216 (Nonconforming uses and structures) to allow for lateral expansions on non -conforming structures, CD 2022-79. BACKGROUND Since April of 2022, the Planning Commission (the "Commission") has considered four (4) variance applications for requests to expand an existing structure along a lawful nonconforming setback. Most recently, the Commission reviewed two (2) applications for the expansion of an existing lawful nonconforming structure at a reduced front yard lot line (Case No. 2022-63 and Case No. 2022-70). The Commission approved all four variances, due in part to the fact that the applicants were not proposing to further encroach into the nonconforming setback (closer to the property line), but only expand on that which was are already lawfully in existence by maintaining the existing setback (proximity to property line) of the existing structure. Due to the variance applications and an increased volume of similar requests at the staff level, Staff proposes language in the Zoning Code that would clarify that these situations can be approved administratively. The proposed amendment would allow lawful nonconforming structures to expand laterally at the existing lawful nonconforming standard, such as setback or impervious surface, but would not permit action that would increase the lawful nonconformity or make it more severe. Staff has worked with the City Attorney to propose an amendment to the lawful nonconforming standards to specifically allow the enlargement of a structure, provided it does not increase the existing nonconformity. Additionally, the proposed ordinance amending City Code removes language that conflicts with Minnesota Statute Chapter 462.357. City Code contained a number of outdated provisions pertaining to lawful, nonconforming uses that simply were not authorized by State Statute. At the November 16th, 2022 meeting, the Planning Commission reviewed the proposed amendment. Generally, the Commission felt that the proposed language adequately outlines the intent of the amendment and ultimately approved said amendment with a 5- 1 vote. Adoption of this amendment would allow Staff to process these specific types of requests administratively and would narrow the circumstance of a variance related to this type of condition, making them less frequent. Additionally, the proposed ordinance amendment removes language that conflicts with Minnesota Statute Chapter 462.357. RECOMMENDATION The Planning Commission recommends approval of the Ordinance Amending City Code Section 31-216 (Nonconforming uses and structures) pertaining to lawful, non -conforming structures to allow for lateral expansions on non -conforming structures provided that the non -conformity is not worsened and would have been allowed at the time of the original construction ACTION REQUESTED Motion to approve the first reading of the Ordinance Amending City Code Chapter 31, Section 31-216 regarding nonconforming uses and structures. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-216 REGARDING LAWFUL NONCONFORMNG USES AND STRUCTURES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article II, Division 4, Section 31-216 of the City Code, Nonconforming uses or structures, is hereby amended as follows: Sec. 31-216. Nonconforming uses or structures. Any nonconformity, including the lawful use or occupancy of land, buildings, structures or premises existing at the time of the adoption of an additional control under this Chapter 31, may be continued (including through repair, replacement, restoration, maintenance, or improvement, but not including expansion) unless: (a) Discontinuance. The nonconformity or occupancy is discontinued for a period of more than one year; or (b) Destruction. Any nonconforming use destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, and no building permit has been applied for within one year 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (c) Following the expiration of the discontinuance or destruction in subsections (a) or (b), any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (d) The enlargement of a structure is not considered an expansion of the nonconformity as long as it does not expand, increase, enlarge or make the extent of the nonconformity more severe. designee, any lawful nonconforming use of a structure or parcel of land can be changed to a similar nonconforming use or to a more restrictive nonconforming use, provided: orl ac n4 prop rty onrl Oho neigh-1 nrhoo onrl {2) The enlargement, expansion, relocation or intensification will not result in significant increases of adverse off -site impacts such as traffic, noise, dust, odors and parking congestion. However o struct ire o cel of land has been planed in ore restrictive nonconforming use, it shall not return to a less restrictive nonconforming use unless granted a conditional use permit by the city council. (d) Displacement. No nonconforming use shall be extended to displace a conforming use. (e) Cessation; junk and wrecking yards. No junk or automobile wrecking yard that is not within district, shall be operated or maintained for more than six months after a zoning change to a use district within which such yard is not permitted. (f) Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a building, structure or premises in violation of zoning law. (g) District changes. Whenever the boundaries of a district are changed to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any ucc that bccomes nonconforming thereby. (h) Certificate of nonconforming use. If requested in writing by the land owner, and if the request contains sufficient evidence to substantiate the legal non conforming status of the property's use, the community development director shall issue a certificate of nonconforming use to chapter, no use of land, buildings or structures shall be made other than as specified in the certificate of nonconforming use unless the use shall be in conformity with the provisions of the use zone in which the property is located. A copy of each certificate of nonconforming permit or license shall be issued to any property for which such a certificate has been issued until the permit or license has been approved by the city council. Flood Plain and Shoreland Substandard Structures in Lower St. Croix National Scenic Riverway. Notwithstanding this Section 31-216, as amended, substandard structures located in the Lower St. Croix National Scenic Riverway and the continuation and improvement of those structures will continue to be regulated by Minnesota Rules parts 6105.0351 to 6105.0550 and the regulations of the City Flood Plain and Shoreland regulations adopted pursuant to those Rules, including Section 31-400, Subd. 11 (Non -conforming uses in the Floodplain overlay district) and Section 31-402, Subd. 8 and 9 (Substandard lots and structures in Shoreland Management overlay district). (I) SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance allows for the expansion of a lawful nonconforming structure as long as it does not make the nonconformity more severe. It also amends the existing language to be consistent with state statute in regards to timelines and removes language pertaining to standards that are no longer applicable. SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 i11war ' H k B I R T H P L A OF M I N N k ti 0 i■ DATE: October 26, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Case No. 2022-70: Variance request to reduce exterior side yard setback to facilitate construction of an addition located at 704 5th Street North BACKGROUND The Applicants, David and Kristen Deleon, are seeking a Variance from the Planning Commission to permit a reduced exterior side yard setback for the construction of a single -story addition. If approved the proposed Variance would facilitate the construction of an approximate 420 square foot addition at approximately 18.2 feet from the exterior (right-of-way) side lot line. The project area is located at 704 5th St N. (PID# 2803020210127) within the RB (two- family) zoning district and the Neighborhood Conservation overlay district. The Property is a corner lot and has frontage to the east on 5th St N, frontage to the south on Maple St W, a residential neighbor to the north and the west. The project site has a lot area of 10,468 square feet and contains a two-story, approximately 990 square foot single- family dwelling built in 1892 and a single -story, 644 square foot garage. ANALYSIS When a property is located on a corner of two public streets it is affected by two "front yard setback" requirements. In the RB district, this means that a single-family dwelling must be setback twenty feet from the right-of-way line. Currently, the existing single- family dwelling is setback 18.2 feet, making it legal nonconforming and deficient by approximately 1.8 feet. The proposed action seeks to allow the construction of an approximately 420 square foot addition along the existing dwelling facing 5th St N. The proposed addition would extend the existing nonconforming 18.2-foot front yard setback fourteen feet to the north. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required Front Yard Setback: A. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. i. The proposed construction of an addition to a single-family dwelling in the RB district is a reasonable use and is permitted within the district and consistent with development in the district. ii. The Applicants propose to construct the addition at the existing setback in order to provide design consistency while maximizing space. Staff also finds this to be reasonable. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner. i. The property was platted in the late nineteenth century and the existing single-family dwelling was constructed prior to the current zoning regulation or the existing property owners purchased it. However, staff understands this alone is not grounds to warrant a variance. ii. Additionally, Staff collectively concurs that the applicant could place the addition in a location that does comply and would not require a variance, but may not result in the best possible design. C. The variance, if granted, will not alter the essential character of the locality. i. Granting the variance to approve the construction of the addition will not alter the essential character of the neighborhood. Examples of similar nonconforming front yard setbacks can be highlighted across the street and throughout the neighborhood. D. Economic considerations alone do not constitute practical difficulties. i. The request to construct an addition along the existing dwelling within the front yard setback is not based on economic considerations. E. This standard could have been met at original time of construction with original code at said time of construction. i. The request to construct the addition would have met standards in effect at the original time of construction. F. The proposed structure would not encroach any further into setback than existing structure. i. The proposed addition will not encroach any further into the legal nonconforming setback. FINDINGS While the requested variance appears reasonable, not based on economic considerations, and if designed compliantly with the required design guidelines would likely improve the property and continue to complement the neighborhood, these alone are not grounds to approve a variance. Staff requests that the Planning Commission provide policy direction to assist in the determination. While the existing conditions are not created by the current property owners, options are available to build the addition without a variance to City Code. ALTERNATIVES A. Approval. If the Planning Commission finds the request in conformance to the City Code requirements for the issuance of a variance, it could approve the variance with (at least) the following conditions 1. The proposed variance meets the practical difficulty test, as found in staff report dated 10/26/2022. 2. Plans shall be substantially similar to those found on file with Case CD2022- 70, except as modified by the conditions herein. 3. The applicant shall present the proposed design to the Heritage Preservation for review and approval. 4. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 5. The applicant shall work with the Middle St. Croix Water Management Organization to determine necessary permitting requirements. B. Table. If the Planning Commission finds the request to have insufficient information, the case could be tabled. C. Denial. If the Planning Commission finds the request to be inconsistent with City code, it could be denied. With a denial, the basis of the action should be given. ACTION REQUESTED Staff requests that the Planning Commission provide policy direction regarding the decision for the above Variance request. CERTIFICATE OF SURVEY FOR: DAVID DELEON 651-734-5590 LEGEND: • MONO MONUMENT Q SET EIr MON APE MARKED HES NO. 25718 ▪ CARE£ TV PEDESTAL ELECTRIC PmlxTAL Q ELECTRIC 1RANSFO11MER 8-1 GDY WIRE -0- POWER DOLE 19 TELEPHONE PEDESTAL CS FEARED ENO SECTION • STDRM MANHOLE DJ OVERHEAD WITTY Ir1OIIMOIR5Val Afl EXISITNG LEGAL DESCRIPTION'' (AS SHOWN ON AVAILABLE TAX RECORDS) Lot 12 and the East Half of Lot 11, Block 15, STAPLES AND MAYS ADDITION, Washington County, Minnesota CERTIFICATION 1 hereby certify that this survey, plan or report was prepared by me, or under my direct supervision, and that 1 am a duly Licensed Land Surveyor under the Iaws of the State of MINN6OTA. DANIEL L THURMES License No. 25718 Date: 9-19-22 FOUND 3/4' ,IRON PPE r WIPE A 2' IRON PPE GARAGE FOUND 1/2' IRON PPE 0.3- ,-WEST OF r PARCEL LNE 11 11 2.35 N89°45'36"E SURVEY NOTES_ i . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. NAD 88 2. UNDERGROUND UTIUTIES NOT SHOWN OR LOCATED. 3. THE PURPOSE OF 71115 SURVEY 15 TO SHOW THE EXISTING HOUSE tN RELATION TO THE 20' SETBACK LINE FROM THE RIGHT OF WAY. OTHER IMPROVEMENTS ARE EXISTING THAT ARE NOT SHOWN. 4. VERIFY BUILDING SETBACKS WITH THE CITY ZONING ADMINISTRATOR. PROJECT LOCATION: 704 5TH ST. N. STILLWATER, MN 55082 PROJECT NO. Z222763 P1002803020210127 FOUND 1/2' RON PIPE MARKED 22440 0.3' E. & 0.2' 5, OF LOT CORNER S89°45'36"W 75.00 -- 20 --A.^ PROPOSED ss ADOOION 7 �f�V ST W. MAPLE 0 NORTH 20 NORTH FIFTH STREET 40 5u11e #200 1970 Northetesl ern Ave Stillwater, MN 550R2 Phone 651 275 R969 danc7cssuney net CORNERSTONE LAND SURVEYING, INC. rmigir =��T: 744,44 _^ f Ferri ail! i.4drxtz. gam Al >_ 1INIailiffiu mile W m . EAST ELE.VATtQN vk34,-. 9.DViQ DAM AND ARLSYE-N DELEaN ,..work,.. DAM Jllii�'�73i wIL'�i��rar�wat�lig a 1 Tr N �� a� awry mt�ii�ICR�lt�r.� rEtrIrrll A8Pi -r SHuy3LES VINYL STDCA6 AND SHRIC S NORTH EL- EVAII0N ❑G.AWN FOP.. DAV ID AND KRISTEN DELEON acuR I/}•.4t p� �•Te 6-17-7.4. AMrw.. R. cr,wt•. J4.0. NORM SOIL AAO4TION f of 3 lih1water ' H E B I R T H P L A C k OP YINCA DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Case No. 2022-63 - Variance Request to expand an existing legal nonconforming structure within the required front yard setback area and facilitate the reconstruction and expansion of an existing garage at 603 Broadway St S. BACKGROUND The Applicant, Imprint Architecutre and Design (Jeremy Imhoff) and Property Owners, Todd and Anne Anderson are seeking a variance from the Planning Commission to expand an existing legal non -conforming structure in the RB — Two Family Zoning District. If approved, the proposed action would faciliatate the reconstruction and expansion of an existing legal non-confroming attached garage. The project area is located at 603 Broadway St S (PID # 2803020440092) and has frontage on Broadway St S and has two residential properties to the north and south, to the east is a steep slope and Main St S. The project site has a lot area of 25,097 square feet and contains a single-family house built in 1870. ANALYSIS The RB Two -Family Zoning District allows detached and attached garages at a maximum size of 1,000 square feet or 10% of lot area, whichever is less. Garages must be set back a minimum of 30-feet from the right-of-way and setback 10-feet from the front setback line of the principal dwelling. Additionally, attached garages must be setback a minimum 5-feet from the side yard. Currently, the existing attached garage is approximately 560 square feet and set back 27-feet from the right of way and 8.1-feet from the side yard property line. It is located slightly (2 feet) in front of the primary dwelling, but several feet behind the front porch. The proposed action seeks to allow the replacement of an existing 560 square foot attached garage with an expanded 783 square foot attached garage. The proposed expansion of the attached garage will maintain the nonconforming 27-foot front yard setback and decrease the side yard setback to 5-feet. Because the proposed reconstruction of the garage will increase the area of a legal non -conforming structure, a variance is required to propose an increase to the existing attached garage. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required Rear Yard Setback: 1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. a) The proposed reconstruction and expansion of an attached, two -car garage in the RB Two -Family district is a reasonable use and is consistent with development within the district and surrounding neighborhood. b) Zoning Code Section 31-308(a)(3) further regulates accessory structures in the RB Two -Family district, describing that, "The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less." The proposed 783 square foot garage would be the only accessory structure on site and not exceed this standard. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a) The existing owner did not construct the dwelling which was built in 1870, nor did the construct the existing attached legal nonconforming garage at the deficient setback of 27-feet. 3. The variance, if granted, will not alter the essential character of the locality. a) Granting the variance to approve the expansion and reconstruction of the proposed garage will not alter the essential character of the neighborhood. While the garage will not be situated behind or behind the house, the overall design is not garage -dominate and the design better integrates the new roof to blend with the overall design. The character of the neighborhood consists of multiple century homes, many of which have garage additions that are situated along side, or just behind the leading edge of the home. According to the Applicant, the design of the proposed garage would be similar in material and color to the existing house and designed to complement the front porch. 4. Economic considerations alone do not constitute practical difficulties. a) The request to increase an attached garage within the front yard setback area in the RB Two -Family Zoning district is not based on economic considerations. RECOMMENDATION Staff recommends that Planning Commission approve the requested increase of a legal nonconforming structure the reconstruction and expansion of an attached, two -car garage with the following conditions: 1. The plans must be substantially similar to those found on file with CD Case No. 2022-63 and as approved by the Heritage Preservation Commission on 9/21/2022. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. The Heritage Preservation Commission approved the design at their September 21, 2022 Meeting. The HPC specifically discussed the need to reduce the width and/or depth of the garage to better comply with the underlying dimensional requirements of City Code, but elected to support the design as presented due to the internal floor plan and depth challenges to accommodate a vehicle in the stall closest to the home. ACTION REQUESTED Motion to adopt the Resolution approving the Variance to Section 31-308(b) to allow for the expansion of a legal nonconforming structure in the front yard setback, at 27-feet from the front property line, based on the above findings and conditions within this report. LEGAL DESCRIPTION ■ Lot 19, the West 104 feet of Lot 7, the West 112 feet of Lot 8, the West 104 feet of North Half of Lot J, and the North half of Lot 18, all In Block 42, CITY of STILLWATER, Washington County, Minnesota. GENERAL NOTES 1, The bearing system used Is assumed, 2. The location of the underground utilities shown hereon, If any, ore approximate only. PUI UANT TO MSA 18 b CONTACT GOPHER STATE ONE CALL AT (612) 454-0002 PRIOR TO ANY EXCAVATION. 3. Site area ca 24,923 square feet = 0.572 acres. 4, This survey was made on the ground. 5. No current title work was furnished for the preparation of this survey, legal description, recorded or unrecorded easements and encumbrances are subject to revision upon receipt of current title work. 30 15 0 SCALE IN FEET LEGEND • w -arr� (444 ww 0 CERTIFICATION • I 30 i 1 Property Corner Concrete Water Gas Sanitary Sewer Storm Sewer Window Well Gas Meter 1 1 I hereby certify that this survey, plan or report was prepared a or under direct supervision and that I am by rn du! RegisteredyLand Surveyor under the low of the State of Minnesota. Dote; , Janpwry 16 018. rhos E. odorff Win. Reg. No. 236 Revision Fl istor ig 1 1 1 1 ea (1) C PIO 4 J� 1 1 •■ • • + + a ■ 1 • F • f a F • 041 1:11 C.2 )>' wba 0100°S (1) 473 wi• 4 66 z i0 �•'t• r'+• �•,• .14■ •'+• ■+■', ��■ ♦•,■•�'■ t•,' I•, ■ Fes• ■ + 1 1 1 6 ' OU1H LINE OF I' #.F QF 1 \thk‘ tot 4 CITY OF S1LLW rj er -- 2:47° E 104,00 AMI. Wu I'm Eth. W.A.Nd PINO•olml erwag.iiird or.% 1.0• =4 254.00 i 1 rr� A ‘s. SOWN I - NORTH MFH' F c " LOT BLOCK } OF aI, 1 i � LILLWA� nry eta roN ‘0.° z jj r to A rn 7 4-4014 4.4 I rn HOUSE DETAILS: 603 SOUTH B ROADWAY STREET T 2—STORY HOSE FOOTPRINT AREA = 2,770 SQ. FT. CA.D Net 2a17 44.D6d ALL RIGHTS RESERVED. COPYING, REPRODUCTION OR DISTRIBUTION PROHIBITED WITHOUT WRITTEN CONSENT AND PERMISSION FROM IMPRINT ARCHITECTURE AND DESIGN, LLC. COPYRIGHT 2022, IMPRINT ARCHITECTURE AND DESIGN, LLC z rw LLII I I V) 11 LLl 0 II z < < 0 _a) DRAWING ISSUE: 08/26/22 - VARIANCE REQUEST AND HPC SUBMISSION AI.O U • c a) -a c a) U a) • U L_ C •� Q •� ZONING CODE REQUIREMENTS: - RB TWO-FAMILY DISTRICT PER SEC. 31-308 - GARAGE SIDE YARD SETBACK = 5'-0" - PRINCIPAL DWELLING FRONT YARD SETBACK = 20'-0" - GARAGE FRONT YARD SETBACK = 30'-0" (EXISTING & PROPOSED NEW GARAGE = 27-0") ALSO SETBACK AT LEAST 10 FEET FROM THE FRONT SET BACK LINE OF THE PRINCIPAL DWELLING (EXISTING & PROPOSED NEW GARAE = 7'-0" FROM FRONT SET BACK LINE. - REAR YARD SETBACK TO HOUSE = 25'-0"; FROM ATTACHED GARAGE = 5'-0" - MAXIMUM LOT COVERAGE FOR BUILDING AND IMPERVIOUS SURFACES = 25% - MAXIMUM BUILDING HEIGHT = 35'-0" MAX. LOT COVERAGE CALCULATION: - TOTAL LOT AREA = 24,923 SF - ALLOWABLE LOT COVERAGE = 24,923 X 25% = 6,231 SF PROPOSED LOT COVERAGE CALCULATIONS: - (E) MAIN HOUSE = 2,329 SF - PROPOSED NEW GARAGE = 783 SF - PROPOSED NEW GARDEN SHED = 48 SF - EXISTING AND NEW ASPHALT DRIVEWAY = 600 SF - PROPOSED NEW GARDEN SHED BRICK PATIO = 96 SF - (E) DECK = 137 SF - (E) BRICK BACKYARD PATIOS, STAIRS, WALWAYS AND STONE SITE WALLS = 1,869 SF - (E) BACKYARD GAZEBO = 170 SF TOTAL PROPOSED LOT COVERAGE: 6,032 SF / 24,923 SF = 24.2% NEW GARAGE GARDEN SHED WALLS, TYP EXISTING GARAGE WALLS TO BE DEMOED XIST NG AND PROPOSED ENEW GARAGE SET BACK NE 27'-p„FRONT PROPERTY LI ZONING) (30,-p, SETBACK LISTED EXISTING SIDEWALK IO CO 0 m 48 SF PROPOSED GARDEN SHED OSHOEDE GARDENBRICK 85'-4 114" FROM PROPERTY LINE 96 SF PR PATIO SINGLE FAMILY RESIDENCE EXISTING HOUSE - NO WORK EXISTING PORCH AND ROOF ABOVE - NO WORK PROPERTY LINE EXISTING SIDE ENTRY ACCESS TO LOWER LEVEL EXISTING 18 S.F.BRICK PATIO 1,851 S.F. BRICK PAVED PATIO AREAS, WALKWAYS, STAIRS, AND STONE SITE WALLS pROPERv LINE -o 0 \ 7.4 m r Z. m PROPERTY LINE EXISTING PLANTER BEDS EXISTING GAZEBO 1 SITE PLAN NORTH SCALE: 1 0 1 6'-0" 32'-0" 5 14 ST CROIX AVE WEST I STI LL WATER , MINN ES OT A 5 5 0 8 2 I www . imprintarchitecture . com 1 ph 651. 440 . 0334 ANDERSEN GARAGE 603 South Broadway Street, Stillwater, MN 55082 E PLAN DRAWING ISSUE: 08/26/22 - VARIANCE REQUEST AND HPC SUBMISSION becl A1.1 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: May 20, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Variance Request in RB: Two -Family District; Variance to Side Yard (Exterior) Setback for Addition/Remodel at 1204 4th Ave S BACKGROUND The Owners of 1204 4th Ave S are requesting a Variance to the Front Yard (Exterior) Setback in order to construct an addition. The project would also include the demolition of an existing deck and detached garage. The underlying zoning district is the RB: Two -Family Residential District. The site is also located in the Neighborhood Conservation District. The required front yard setback for this improvement is 20 feet. The Owner is proposing an 8 foot, 10 % inch setback. ANALYSIS State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. The proposed addition to the existing home appears to be a reasonable use and is consistent with the requirements of the Stillwater Design Guidelines for the Neighborhood Conservation District. The circumstances are unique to the property in that this generally historic neighborhood pre -dates current zoning regulations pertaining to front yard setbacks. The detached accessory building/garage already includes this same condition; the approved remodel simply carries that same setback (albeit in a different location) and replaces it with a higher -quality structure. The Owner is also matching the existing setback of the primary dwelling. The Variance will not alter the essential character of the neighborhood; in fact, the proposed improvement will arguably improve the character of the neighborhood through accepted neighborhood design elements. Finally, the difficulties are not economic considerations alone. The Owner has gone through great lengths to design a porch that meet applicable design guidelines. RECOMMENDATION Staff recommends that Planning Commission approve the request. ACTION REQUESTED Motion to approve the Variance to Side Yard (Exterior) Setback for a Front Porch at 1204 4th Ave S. The Birthplace of Minnesota 1204 4th Ave S 0 NORTHWEST PERSPECTIVE OF PROPOSED ADDITION EXISTING RESIDENCE I111111111I I11111111111 PROPOSED ADDITION SOUTH HILL ADDITION VARIANCE APPLICATION - NOT FOR CONSTRUCTION PROJECT TEAM OWNER: ARCHITECT: 4/22/2022 12:40:58 P NICOLE & MICHAEL WILLENBRING 1204 4TH AVE. S STILLWATER, MN 55082 651.202.7246 WILLENBRINGS@GMAIL.COM PASQUE ARCHITECTURE, LLC KATIE KANGAS, AIA 5592 SCHUTTA ROAD SHOREVIEW, MN 55126 605.415.0697 KATIE@PASQUE.STUDIO PROJECT NAME: SOUTH HILL ADDITION ADDRESS: 1204 4TH AVE. S. , STILLWATER, MN 55082 PROJECT DESCRIPTION: REQUESTING VARIANCE TO ALIGN EXTERIOR OF PROPOSED TWO-STORY ADDITION WITH EXISTING MUDROOM (WHICH RECEIVED A VARIANCE IN 2015). PROPOSED WORK INCLUDES: DEMO OF DETACHED GARAGE AND 2 TREES. PROPOSED TWO-STORY ADDITION INCLUDES ATTACHED GARAGE TO THE WEST SIDE (REAR) OF THE EXISTING HOME. PROPOSING CONCRETE DRIVEWAY TO REPLACE EXISTING ASPHALT. DRIVEWAY TO CONNECT WITH EXISTING CURB CUTS FROM BURLINGTON STREET EAST. CURRENT RESIDENCE HAS 3 BEDROOMS AND 2 BATHS. AFTER THE PROPOSED ADDITION IS INSTALLED, THE RESIDENCE WILL HAVE A TOTAL OF 4 BEDROOMS AND 2.5 BATHS. W111III Ii1 IIIIIIIIIIIf11lf :� �• ..�---- ammo LEGAL DESCRIPTION OF PROPERTY: HERSEY STAPLES AND CO'S ADD TO STILLWATER Lot 1 & 2, Block 8, SubdivisionCd 09850 ORIGINAL CONSTRUCTION: PREVIOUS ADDITIONS / VARIANCE: PARCEL NUMBER: IMPERVIOUS AREA: EXISTING: TOTAL PROPOSED: TOTAL LOT: RESIDENCE 1,161 SF 1,761 SF 13,410 SF ELEVATION OF RESIDENCE: TOTAL EXISTING ELEVATION: TOTAL PROPOSED ELEVATION: 1880 2015 34.030.20.23.0030 PAVING/GARAGE TOTAL 2,006 SF 3,167 SF 2,240 SF 4,001 SF 29.8% IMPERVIOUS (30% MAX) 2,170 SF (350 SF TO BE DEMO'D) 16% DEMO OF ELEVATIONS 3,151 SF OLOCATION MAP NTS PROJECT LOCATION (1204 4TH AVE. S.) NORTH NOT FOR CONSTRUCTION SOUTH HILL ADDITION VARIANCE APPLICATION N N w a 0 KATIE KANGAS, AIA © Pasque Architecture LLC 12044TH AVE. S., STILLWATER, MN 55082 PROJECT INFORMATION . & M. Willenbring C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt ODEMO EXIST. GARAGE NTS LEGAL DESCRIPTION' fASSNOWM CN WARRANTY DEED DOC. NO.4266027i StLots I and 2. Block 8. Merle,Slavkai s n Ca's Menton to lMa.er, Wasnina[an Caumy. Minnesota EASEMENT NOTES 1. NO TIRE COMMITMENT OR TIRE OPINION WASPRONDEO TOIL TWAT WOULO SHOW EASEMENTS AND ENCUMBIGHCES EFFECTING INC ROPERT, SURVEYED. EASEMENTS IAAY EWST THAT ARE NOT SNOYM AREA TOTAL AREA AS OWN- 13.419S0.FT SURVEY NOTES: 1. BEARINGS ARE ASSUMED 2. UNDERGROUND UTILITIES SHOWN PER VISUAL OBSERVATION AND AS-BUILTS PLANS PROVIDED BY THE COT OF STILLWATER ENGINEERING DEPARTMENT. 3. TNERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC. ETC. NOT SNOB. OR LOCATED. 4. DATE OF FIELD TOPOGRAPHY 3-24-2022. EXISTING IMPROVEMENT AREAS. NOUSE -1101 IN SQUARE FEED, GARAGE -586 DECKS - 360 ORINEWAY -158 CONCRETE =377 PATIO - xsx TOTAL IMPROVEMENTS - 2094 DELFT-- 21.6% P4OF O1139 AREA] LEGEND- 0 Dom• ur ..DI „NN.„.,,na 0 7 2 SURVEY INFO NTS wax WILLENBERG RESIDENCE CONTACT - Brian Poach P°xh Build0v4 LLC 651.269.2021 COUNTY/CITY: WASH INC..=T c> 4d LJ IN T Y B"rY aF STf I_ EFZ REVISIONS DATE REVISION 3-24-2002 PRELIMINARY ISSUE CERTIFICATION: NNW. rsu, N.n pMn w. nn,`tl %, e• and On adJ, ikawn�larA 5ururwPar raM r enrlRakslor 02=V01.,m,. Eema,ls..mbe.: Ikf,P 3-24-2002 PROJECT LOCATION. 1 Z Q 4 4TH AVE- S- PID#3403020230030 Suite R200 1970 Nor...estem A.6. SUINPA[... MN 55082 Phone 651.275.8969 clan@caaunmy CORNERSTONE LAND SURVEYING, INC. FILE NAME 51111922285A PROJECT NO. 2212285A CERTIFICATE OF X 854.5 W a 14 24' >C 54.0 r- SET SPRE 2.00 -! FEEY 50L111H OF LOT CORNER. FALLS N TREE DEMO EXIST. GARAGE AND ASPHALT DRIVEWAY (790 SF IMPERVIOUS) II' 5575- � I =7 t I � 26 DEMOLITION SITE PLAN X 855.3 7 FL0001 -859.05 GARAGE - -857.5 61TUMINoUS SURFACE BURLINGTON ST. E. .3y$ 8.0 DEMO 2 TREES X 857.5 DEMO SIDEWALK 857.7 X 957,? X857.7 1s 20"TRPL-I 15"- a? 857 _ 18nosL DEMO EXIST. DECK n 16• AND SIDEWALK co as (400 SF IMPERVIOUS) ' 16" PBL +6 -857.0 856.4 1" = 20'-0" 856.3 X856.1 8"aE3L 556.3 X.956.1 • • I •U [- ♦ 1 y 855.8 056.4X 856,6_ X855.4 X856.1 x555.85 X856.0 856.3- X 855.5 X 855.3 8555 77 J7 x 856.8 =858.03 PECK x 856.2 X956.1 ESTING HOUSE 4556.7 855.6- - 556-6 X 556.3 855.4-- 20" X 555.4 28" -856.9 f I 56.0 11.2 -f J X 955.8 55.3 555.6 555.3 f32 99 S89°56 `21"W (132.00 PLAT) 556 EXISTING HOUSE X 855.6 0 9-8552 77 • X954.5 77 854.1 - 554.5 n A A A 10' 20' 40' -2 DEMO SITE PLAN SURVEY NORTH N ¢1 c .o 0 0 0 01 0 0 0 0 0 0 0 N v N 0) E 0 0 0 0 4/22/2022 12:41:10 P 7> X 856.7 PROPERTY LINE X 859.5 59.0 ou 559.0 t 24 56T SPCE 2.00 FEET 5G1.17H OF LOT CORNER. FALLS IN TREE 1,520 SF PROPOSED CONCRETE DRIVEWAY PROPOSED BASKETBALL HOOP 252 SF EXIST. PATIO i, 857.6- 26" ro a 1 ARCHITECTURAL SITE PLAN 1" = 20'-0" » 7> X858.3 BITUMINOUS SURFACE 77 » » 77 BURLINGTON ST. £ X 856.8 556.-� l I i 58.0 x v V k� 8S� gym W ,-,1 X __575 Q Q N w __ CO a {132.00 PLAT '& N89°56'21'?E X657. o ? (z,10 " 132.49 557.o �ss7.0 '`PROPO$ED.REAR SETBACK 856.1 X855.8 X857.7 % PRINT) 140 SF SIDEWALK 555.5 X 557.7 X555.3 1,161 SF (FOOTP NT) EXIS NG RESIDENCE 228 SF WOOD DECK X856.1 8 ,5.6 13 49 S89°56121" W (132.00 PLAT) 0-6 132' - 6" X 856.3 855.9- TOTAL LOT: 13,410 SF X 855.4 a 555.5- 11' - 7/1/2' > -054.4 \ 1 X 055.1 00 EXIST. ETBACK 82 SF E IST. WOO*OR X 555.5 >N >7 01J "854.1 1 -854.5 • A A w X054.5 A A A A n A A X 555.6 7 » 7> - SITE PLAN LEGEND NORTH EXISTING RESIDENCE (1,161 SF) PROPOSED ADDITION (676 SF) EXISTING PAVING TO REMAIN (272 SF) PROPOSED PAVING (1,660 SF) EXISTING DECK / PORCH (310 SF) 10' 20' 40' -3 ARCHITECTURAL SITE PLAN 21-6 C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt 4/22/2022 12:41:12 PM PROPOSED DRIVEWAY MAIN LEVEL 1/8" = 1'-0" OUPPER LEVEL 1/8" = 1'-0" J L 26' - 0" PROPOSED ATTACHED GARAGE PROPOSED ATTACHED TWO -CAR GARAGE PROPOSED ,SIDEWALK PROPOSED ADDITION ,3' - 61 /4" 23' - 0" REPLACE EXIST. DECK IN SIZE & KIND (WOOD) 2/-6 EXISTING RESIDENCE REMOVE ONE EXIST. WINDOW (CONFLICTS WITH EXIST. ROOF) 41-6 46' - 3 1/2" EXISTING RESIDENCE EXIST. 1ST FLOOR 7' - 0" REPLACE EXIST. PORCH IN SIZE & KIND - (WOOD) 1= �e EXIST. SIDEWALK o ' 2'-0" 4'-0" 8'-0" 16'-0" SOUTH HILL ADDITION VARIANCE APPLICATION -4 FLOOR PLANS © Pasque Architecture LLC & M. Willenbring N al 0 Y 0 0 0 CI O L 0 O O/ W d 1 4) E J O 0 0 C SC 0) 2 N N OELEVATION - EAST NTS ELEVATION - WEST ELEVATION - NORTH NTS ELEVATION - SOUTH SOUTH HILL ADDITION VARIANCE APPLICATION -5 EXISTING ELEVATIONS C Pasque Architecture LLC & M. Willenbring NTS NTS C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt 4/22/2022 12:41:29 PM u[Iffi u O1uo�W�0000 L uuuuuu 'AR III III III REPLACE FRONT PORCH IN SIZE & KIND OEAST ELEVATION (4TH AVE S. - FRONT) 1/8" = 1'-0" PROPOSED DECK WITH ITALIANATE DETAILING 000000 0 00 < " 0000 OOOOIi1111I11100E100 0000�00000 0 0000 WUW0JI MEM NWMOE 00 i PROPOSED ATTACHED GARAGE ADDITION WEST ELEVATION (REAR YARD) 1/8" = J NEW WINDOWS TO MATCH EXISTING DOUBLE HUNG IN STYLE & PROPORTION MATCH EXIST. BRACKETS & ITALIANATE TRIM DETAILS MATCH EXISTING RESIDENCE MATERIALS: WOOD LAP SIDING, TRIM, AND ASPHALT SHINGLE ROOF ONORTH ELEVATION (BURLINGTON ST. E - SIDE) 1/8" = 1'-0" OEM UJOWUI UUUU 00 01 nu uuuuuu 0u00 u0uu00uu0JHMINM 26' - 7 3/4" PROPOSED ATTACHED GARAGE ADDITION SOUTH ELEVATION (SIDE YARD) 1/8" = 1-0" 45' - 9 1/4" EXISTING RESIDENCE REPLACE / ADD WINDOWS MATCH STYLE OF SOUTH ELEVATION WINDOWS (COLONIAL DOUBLE HUNG AND CASEMENTS) EXISTING RESIDENCE 26'-71/2" TWO STORY ATTACHED GARAGE ADDITION I(0 uuuuuuuuuuuuu4 LEM= 8'-0" 16'-0" ELEVATIONS C:\Users\ktkng\Documents\Active Projects_KK\22005_South Hill Addition_KK\Revit\22005_South Hill Addition_A21.rvt NORTHEAST CORNER PROPOSED ADDITION EXIST. MUDROOM SETBACK EXIST. RESIDENCE EXIST. RESIDENCE PROPOSED ADDITION TO ALIGN WITH EXIST. MUDROOM SETBACK 11_ 1 II I1, ' 1.1,11411 I,i�I, fi it SOUTH HILL ADDITION VARIANCE APPLICATION -7 3D VIEWS © Pasque Architecture LLC & M. Willenbring SOUTH ELEVATION / / EXISTI CE AT PROPERTY LINE, TYP BIRCH I-0 L APPROXIMATE PROPERTY LINE 5'-0" SIDE YARD SETBACK (GARAGE) - APPROXIMATE 10'-0" SIDE YARD SETBACK (HOUSE) - APPROXIMATE ROCK PLANTING / BED 65'-9 5/8" 01 0 / ROCK PLANTING BED 10'-0" SIDE YARD SETBACK (HOUSE) - APPROXIMATE EXISTING FENCE AT PROPERTY LINE, TYP APPROXIMATE PROPERTY LINE LINE OF EAVES ABOVE L LINE OF EAVES ABOVE Z r EXISTING GATE EXISTING 1GARAG EP EXIST. BACK PORCH j 62 — I i ROCK PLANTING BED EXISTING HOUSE BUILDING FOOTPRINT 2,334 SF rn / L EXISTING DRIVEWAY 7 L 7 / EXISTING GATE 16'-0" & DECKS EXIST. FRONT PORCH 8'-0" 21'-0" 2N11 AIHDd0Hd 21VINIXOHdd' APPROXIMATE IMPERVIOUS AREA COVERAGE CALCULTIONS EXISTING BUILDING FOOTPRINT 2,334 SF EXISTING HARDSCAPE 1,709 SF TOTAL COVERAGE LOT AREA 6,098 SF 14,202 SF z 0 1- U 1- z 0 U 0 LL CI W to H O z z 0 0_ V a U z N N W Cm 1- W to N N Imprint Architecture and Design, LLC 514 St. Croix Ave. W Stillwater, MN 55082 www.imprintarchitecture.com Copyright © 2022 Imprint Architecture & Design, LLC All rights reserved. Copying, reproduction, or distribution prohibited without written consent and permission from Imprint Architecture and Design, LLC. PROJECT YOUNG RESIDENCE 3435 HERITAGE CT. STILLWATER, MN 55082 VARIANCE APPLICATION 22 AUGUST 2022 ISSUE CHART MARK ISSUE DATE VARIANCE APPLICATION 22 AUG 2022 TITLE SITE PLAN EXISTING / EXISTING POOL & PATIO + 2,055 SF TOTAL EXISTING 6,098 SF LOT COVERAGE EXISTING COVERAGE PERCENTAGE = 42.9% ALLOWABLE = 25% SHEET NUMBER A0.03 i Autodesk Docs://Young Renovation/YoungReno_R22.rvt i / / APPROXIMATE PROPERTY LINE 5'-0" SIDE YARD SETBACK (GARAGE) - APPROXIMATE 10'-0" SIDE YARD SETBACK (HOUSE) - APPROXIMATE i i i i i i i i i i i i ROCK PLANTING BED Ck_PINE BIRCH I L RIl7 (`I-1 BIRCH PINE I I 1 I I I I 01 A 10'-0" SIDE YARD SETBACK (HOUSE) - APPROXIMATE APPROXIMATE PROPERTY LINE ROCK PLANTING BED LINE OF EAVES ABOVE r EXIST. // EXISTING •GARAG EP NEW THREE \1 BACK \SEASON \ PORCH PORCH & OUTDOOR KITCHEN \496 SF\ LINE OF EAVES ABOVE 00 6 r EXISTING WINDOW /WELL ROCK / 16-0" f ROCK PLANTING BED 1 L EXISTING HOUSE BUILDING FOOTPRINT 2.334 SF /// J EXISTING DRIVEWAY ,110 EXIST. FRONT PORCH 2N11 A1H3dOHd 21V1/1IX0HddV KEY APPROXIMATE IMPERVIOUS AREA COVERAGE CALCULTIONS EXISTING PAVING TO BE REMOVED, NEW PLANTING BED AND PERVIOUS PAVING SYSTEM = 195 SF NEW O OVER EXISTINGTHREE PLANTINGSEASONPRCH BED = 195 SF NEW THREE SEASON PORCH OVER EXISTING IMPERVIOUS PATIO = 302 SF EXISTING BUILDING FOOTPRINT 2,334 SF EXISTING HARDSCAPE & DECKS 1,709 SF EXISTING POOL & PATIO 2,055 SF PROPOSED NET IMPERVIOUS AREA CHANGE + 0 SF TOTAL COVERAGE 6,098 SF L ,& LOT AREA 14,202 SF PROPOSED COVERAGE PERCENTAGE = 42.9% EXISTING COVERAGE PERCENTAGE = 42.9% 1 TOTAL PROPOSED LOT COVERAGE 6,098 SF z O U 1- z 0 U 0 W tn O z z 0 0_ V a W U z Q N N O N W CO IJJ 1- W H N N Imprint Architecture and Design, LLC 514 St. Croix Ave. W Stillwater, MN 55082 www.imprintarchitecture.com Copyright © 2022 Imprint Architecture & Design, LLC All rights reserved. Copying, reproduction, or distribution prohibited without written consent and permission from Imprint Architecture and Design, LLC. PROJECT YOUNG RESIDENCE 3435 HERITAGE CT. STILLWATER, MN 55082 VARIANCE APPLICATION 22 AUGUST 2022 ISSUE CHART MARK ISSUE DATE VARIANCE APPLICATION 22 AUG 2022 TITLE SITE PLAN PROPOSED SHEET NUMBER A0.13 illwat!r THE BIRTHPLACE OF MINNESOTA DATE: December 6th, 2022 TO: Honorable Mayor and City Councilmembers FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. 2022 75: Nottingham Village Resubdivision BACKGROUND The Applicant, McKusick Road Properties is seeking to resubdivide a parcel located at 3483 87th Street North (the "project site"). The project site is located in the Nottingham Village subdivision, at the intersection of McKusick Road North and 87th Street North. The existing 21,939 square foot lot contains an approximately 1,600 square foot, single -story house built in 2021 to the north, and a stormwater retention pond with easement to the south. The project site is zoned TR — Traditional Residential and is within the Brown's Creek Watershed District. Nottingham Village received Final Plat Approval in 2018 (Case No. 2018-28) for the development of fifteen single-family homes. As of December 2022, the majority of the 15 lots have been built out and are currently occupied. ANALYSIS The Applicant proposes to subdivide 3483 87th Street North (PID: 1903020240029, Lot 1, Block 1) into two Parcels. Parcel A would contain the existing single-family home, and Parcel B would contain the stormwater pond with drainage and utility easement. Because of the stormwater retention pond and associated drainage and utility easement, this lot would not be eligible for any future development and would remain as is. Table 1. Dimensional Standards (TR- Traditional Residential) Requirement Proposed Parcel A Proposed Parcel B Lot Area (Minimum) 10,000 SF 10,093 SF Lot Width (Minimum) 65' 72' 85.61' Lot Depth No Requirement 140' 140.2' Front Yard Setback Minimum (dwelling) 20' 21' N/A Front Yard Setback (garage front facing) 27' 28.5 Side Yard Setback > 15' N/A Interior 10' Side Yard Setback Interior (garage) 5' S' Rear Yard Setback 25' 56' N/A Rear Yard Setback (garage) 3' 81' Maximum Lot Coverage (per Development Agreement/Browns Creek Watershed District) 35% 32.9% N/A RECOMMENDATION Stillwater City Code Chapter 32, Subd. 4 (2) describes the administrative and approval process for an application for a Resubdivsion. The standard of approval is that a newly created property line will not cause the other remaining portion of the lot to be in violation of the zoning ordinance. In addition, City Staff coordinated the proposed application with the City's Department of Engineering and the Brown's Creek Watershed District, and did not receive any substantial comments. Based on the analysis above, Planning Staff finds that the proposed lot complies with the zoning ordinance and therefore recommends approval. The City has received a number of comments from surrounding properties in opposition of the request. Their concern is about the transfer of the stormwater pond parcel (Parcel B) to a common element of the existing Home Owners Association (HOA). Home Owners Associations are an agreement amongst private property owners and the City does not have jurisdiction over these decisions. The City Council must review the request based on the merits of compliance with the Zoning Code, and the request appears to meet all of the minimum requirements of said Zoning Code. Staff has recommended to these Property Owners to discuss their legal options with appropriate legal counsel. ACTION REQUESTED Motion to adopt the resolution approving Case No. 2022-75, Nottingham Village Resubdivision. City of Stillwater Washington County, Minnesota RESOLUTION APPLICATION FOR RESUBDIVISION LOCATED AT 3483 87TH STREET NORTH, NOTTINGHAM VILLAGE, CD Case No. 2022-75 WHEREAS, the City of Stillwater received a resubdivision application from McKusick Road Properties ("Applicant"), located at 3483 87TH Street North, legally described as in Exhibit A (the "Property"), to subdivide 3483 87th Street North into two Parcels; and WHEREAS, City Code Section 32-1 subd. 4(2) allows for resubdivision approval of a previously platted lot to create 2 lots, as long as the newly created property line will not cause the other remaining portion of the lot to be in violation of the Subdivision Ordinance or the Zoning Ordinance; and WHEREAS, the newly proposed lot is encumbered by a drainage and utility easement for a stormwater pond; and WHEREAS, the purpose of the lot split is to convey the newly created lot to the Homeowners' Association so as to ensure adequate maintenance of the stormwater pond; and WHEREAS, the burden is more fairly placed on the Homeowners' Association as opposed to all individual property property owners in the development who contribute to the stormwater pond. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the resubdivision. Adopted by the Stillwater City Council this 6th day of December, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 1903020240029 Lot 1, Block 1, Nottingham Village, Washington County, Minnesota w 08 0 0 LOT 3 5'D&UESM'T 5'D&UESM'T LOT 2 140.39' N90°00'00"W (920.0) 12 X 12 PATIO 0 49.00 EXISTING ONE STORY. FULL BSM'T RAMBLER 3485 20.00' 1 20.00' ry O 0_ 8.00 L 140.26' N90°00'00"E (919.5) 5'D&UESM'T 20.00' 2.00 0 2.000 4.0% } 10'D&UESM'T 1-"— 5.5' 0 O 0 O 0 0 O 0 15.27' 4 „ &UESM'T F a w �OT AREA w to 0,093 SF 0 LOT ¶OVERAGE=33% OI 1O Oek� O+ N \\_ 25.50 + QG� PEXISTING ONE STORY. FULL BSMT RAMBLER 2332 SqFt 54.00' IwwI 140.12' S90°00'00"E BLQRK H W L = 917.1 DRY BOTTOM �OJ ary G �V �G QP a +a 816--- 019 139.99' N88°56'19"W (FILE NAME NottinghamVil age_L1 B1_Revised.try SCALE 30 Ft/In DATE 10-11-2022 DRAWN BY INSERT NAME JOB 20-813 REVISION 1/1 SHEET 1/1 This map drawn with TRAVERSE PC, Software 25.50 L� 200'� 5.00 4. 9 ! \ 9^e 28.5' 5.6% I t- w o D o 0' O 0 b V) 0 N II U�0 I cs o 99 9 a 8.50• — I o 11m_, INV.FES= 912.534" ),; +� o 9^ ^ AA r 0 U Q PROPOSED 14T SUBDIVISION OF LOT 1, BLOCK 1 NOTTINGHAM VILLAGE 87TH STREET NORTH (940.0) DENOTES PROPOSED ELEVATION x 939.5 DENOTES EXISTING ELEVATION • DENOTES 1/2" IRON PIPE PLACED MARKED DENOTES DIRECTION OF SURFACE DRAINAGE 0 30' ADDRESS: 3483 87TH STREET NORTH STILLWATER, MN 55082 IMPERVIOUS COVERAGE PARCEL A HOUSE DRIVEWAY PORCH SIDEWALK TOTAL AREA PARCEL 2332 SF 798 SF 168 SF 30 SF 3328 SF A 10102 SF PERCENTAGE OF COVERAGE 32.9% MCKI CK ROA.\ORTH (COUNTY ROAD NO. 6 AS -BUILT DATUM 7-30-2022 922.7 = EXINTING TOP OF FOUNDATION ELEVATION 922.7 = EXISTING TOP OF FOUNDATION GARAGE 920.4 = EXISTING GARAGE FLOOR ELEVATION 914.0 = EXISTING LOWEST FLOOR ELEVATION I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 1, BLOCK 1, NOTTINGHAM VILLAGE, ACCORDING TO THE RECORDED PLAT, WASHINGTON COUNTY, MINNESOTA AND THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND, AS SURVEYED BY ME OF UNDER MY DIRECT SUPERVISION THIS 11th DAY OF OCTOBER, 2022 P J LAND SURVEYING, LLC BY: (Z PAULA. JOHN LAND SURVEYOR, MINN. LIC. NO. 10938 PROPOSED DESCRIPTION FOR PARCEL A AND PARCEL B PARCEL A THE NORTH 72.00 FEET OF LOT 1, BLOCK 1 ACCORDING TO THE RECORDED PLAT, WASHINGTON COUNTY, MINNESOTA. PARCEL B LOT 1, BLOCK 1, EXCEPT THE NORTH 72.00 FEET OF LOT 1, BLOCK 1, ACCORDING TO THE RECORDED PLAT, WASHINGTON COUNTY, MINNESOTA. PRERPARED BY; P J LAND SURVEYING, LLC 12510 MCKUSICK RD. N. STILLWATER, MN 55082 651-303-0025 pjlandsurveying@msn.com PRERPARED FOR; NOTTINGHAM CONSTRUCTION, LLC 3300 RICE STREET LITTLE CANADA, MN 55126 651-383-4850 Traverse PC 1 —.BTth Street `forth rin❑IIVI\I I 1 vT*n rig III nr VU I l..t% I l vIIA. nitWs P / / D A r, InI11 A rvor_"rle D A A I/NI I I\!"1IYU\JIVI .il\1_1_'11�1'I-llvl�l7�rT U / r "'�'CC nn TT LI.r... 11'91.80 7 N. rI L j I V BG'ii TIUt\u N89°19153"W 342.10 f; 5 Gasp I 14347egl Huy r Rllaegt HMG U,US1 M.'t Hama $1266 wit Howe 1-1 2:10FTSETRAbt 1 HPETRATION EA.S111 ORkatga a UNITY EASE1E10 1404 ` 588°56'19"E 152.91 0 MC rKiusick Road North --; - �ltat 4 vf027 eqA 1 rjI FP.aiee L. :5 rat Gasp e I Flue 1 HAM eq Tar I' al —J 1►7HOT itY/FF— FUTURE ROAD COfilEET1ON _ - .194 720 588°51'28" E 187.37 - [A r't T1LIY1 VIe Ir 40 0 40 80 120 FEET GRAPHIC SCALE Legend PROPERTY HCUNOART Sheet I 1161 bB K(m Erayy Ilk PIPS, Caitiffs Arun Oa* h cabl tllk,S461ed afrd7am edee tltkllYEM04P T 20-7TFAONT PN]ILT}HG SETBACK (S:DE a REAR L1STE0 6FLc PRCPCSED STREET SA011 PACFOSS0B Fit UIhdUB PAVEMENT Development Standards - TR Awws tc w feihmpartaf aPLEI HI JO Let dedi 40,973 ewe eeet (y'$d = 14115 Sq. RI el fat Fm111rd speck Ham 20 Hal OAP 'MOM* 27 kit Saw 20 Peat sul.a,rb.d< friar Aim 10 ret Crap 511e1,911411f h mar yard Caen Nam IS 20Pea Arryxdtpwac Haw21S 10 Grsps 9be FrAARa mq.innlat 3S his! MWnmwey/ ret 'LEM puma Het FAX Ildakednertaarety May 736 gabs, mat awed Male r+',144, Mate, bald" t lth', rat exact 70 FRONT OF LOT 18 r�— 1 �9 REAR& LOT TYPICAL EASEMENT DETAIL 9a° LOT LENGTH LOT WIDTH AT REAR OF LOT 41.1 r BLOCK NUMBER LOT NUMBER AREA OF LOT IN SQUARE FEET LOT WIDTH AT RIGHT OF WAY TYPICAL LOT DETAIL Er 1o1 soN CIVIL 999 None M.etn Sr t34r201 50.IUT. Misege MOO Phone W2)902,3106 ws.w.ericlsoncivilrite,com D]I A W INC: PHAS1 : t111,14l:A REVIEW AGENCY LEW 111QD0U44F4:T Q]r.rno.4i1WCF1CN AS1161Il.T E1t1L1..I EN I UGREFIT CERRY11111T11114 N111lPRJlC TION OR RETORTWIPREPAnEn(WM oR 1/111E11 W GREW xlaalrylllrrl AM THAT I 1.4 A OLLYf E 4l»mar Essiaw�. FbC[+EEA 11141t41 Mt Ot.Ro TMTQA k Y .1'11 40418 1.14144s4WO 04127/2018 OUT i£ I i:vi S.ON O= SCR IPTJ3. lure 17146 ITE LAYOUT, LIGHTING AND STONING PLAN 1111ET1[1 C3 1-0.lFl 111 A 11 SHEI1 ] OF11 Tanya Holmgren From: Judy Winter <> Sent: Friday, November 18, 2022 3:12 PMPlanning Dept To: CASE # CD 2022-75 Nottingham Village Resubdivision Subject: [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: I am writing today to express my disapproval for the request from Nottingham Village to plot split the new house from the holding pond and leaving the pond in the Nottingham Village HOA. I live at 3496 87th St N and my concern with the expenses to maintain the pond going forward will be a burden that I was not aware of when I purchased the property. Please consider the existing neighbors when making your decision on this request. Thank you for your time. Judy Winter 1 Tanya Holmgren From: Scott Allaire <> Sent: Friday, November 18, 2022 6:29 PMPlanning Dept To: Case # CD 2022-75 Nottingham Village Resubdivision Subject: [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, We are homeowners in Ward 3, Nottingham Village Subdivision at 3494 87th St. N. We are writing because we were informed by a neighbor about a proposal by McKusick Road Partners LLC. We were not informed about this proposal by McKusick Road Partners or the HOA, which is currently managed by McKusick Road Partners. It was our understanding that this type of change should have been discussed with the HOA members in an open meeting before submitting it to the city. We strongly disagree with the proposal to add the retaining pond and the responsibility of maintaining it to the HOA. We hope that you will ask McKusick Road Partners to find a different solution. Thank you. Scott & Lori Allaire 3494 87th St N S: L: 1 Tanya Holmgren From: Bruce Batchelor <> Sent: Friday, November 18, 2022 6:04 PM To: Larry Odebrecht; Ted Kozlowski; Planning Dept; Ryan Collins; David Junker; Mike Polehna; Yasmine Robinson; Tim Gladhill Subject: Case# CD 2022-75 Nottingham Village Resubdivision [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, My name is Bruce Batchelor. My wife Paulette and I reside at 3484 87th Street North in Stillwater. We have just learned that Nottingham Homes, the builder of our development, is petitioning the city of Stillwater and want to split a nearby property (3483 87th Street North) into two lots so they can sell one house and leave the rest of the homeowners responsible for the other lot. This other lot consists of a large - VERY large - hole in the ground which I believe is part of a drainage system. I cannot express how strongly we oppose this action. We would be responsible for all upkeep, taxes, insurance, and who knows what else. Why should this burden be thrust upon us? We were given no notice that this was going to happen. There have been no HOA meetings, no information whatsoever.. This seems totally unfair and underhanded. We would welcome any of you to come and look at this property and see how you would feel if it was forced upon you to look after, plus all the costs involved. Respectfully Bruce & Paulette Batchelor 3484 87th St N 1 jC7 ruckNlWIt-1c 1'i Krt L mAYaR KozL.6cJSi<t GN'-f"{ (sF Cc►uJC,LMA►s c)Dr=i3A5cHT CA SiE46- CD ZO2Z -75 NoTr(tvGHAIA Wf Lt_AGG RESuC3DtV�.5141� Moo : RNcHARD L.. I cAk=Q) SA) au1it Ar 34 0 877" STREET MCRTL4 s Takt,.ATERi M N t\fro FLEA-3L D0 K1DT Af f'RC YTT(f iGH-A's IBCOUCS'T TO SPLIT T( e t Fs LAsr U-Ns t-> J-(Ou s E s /„.8 T 1 1 T D) LL"rtt:IC Tt+ T eat; t T t-t e tom" T C= T c o N Peg 14I tJ TC pis(_ Wo-rni.IGHAVi V N LLAGG H f1 ., Nel f C 4 t` U S u .s c' ©N2 LIA rY-r' -rc4 C�fs(? Ce�ST of H E f R Pra 'R Ct D NCL= S 5t± OLO �' �C-'Tt�EC oe7LiG i tct=i O t,..h�o Nt CC tv L Z. N t6 c r a.1 c E-t, M s H ei a Li) F-} A\JC: TO A-y FOR 'Tif L t t TAX, Ur K C' P) 5Ilov`tL(t4C S(UC)ALt�y _-7-14CY 5cuRRtLoust_fit' Ask rcu' [ra Pse:zoT- H EY s e t,.)[ T 116c..t i ANY ' OU( DoN'r oK (r l D0tir LOT Mc ECvstc;I< R 'A PART+VER5 LLB act_ (Ou THE 140A Afk.c ttJ (A'i t or 1.-1[4AT Tr4e '( AsK ©F Y'Ou . G,)E Do kJ LAW' TF-tt_" Zok f .S G { f -174 N t-,7 l< (c u Tanya Holmgren From: Paul Gora <> Sent: Saturday, November 19, 2022 10:33 AM To: kkill@mnwcd.org Cc: Larry Odebrecht; Planning Dept; Ryan Collins; David Junker; Mike Polehna; Ted Kozlowski; Tim Gladhill; Yasmine Robinson Subject: Case # CD 2022-75 Nottingham Village Resubdivision [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Karen, My name is Paul Gora. I live in the Nottingham Village subdivision located on 87th St. N off of McKusick Rd. I was contacted by Yasmine Robinson, Planning Manager at the City of Stillwater. McKusick Road Partners LLC (the developer for Nottingham Village) has put in an application to split one of the current lots into two lots. That lot contains one of the subdivision retention ponds. The reason I am contacting you is that the lot in question currently has a completed house (currently for sale) built on the 1/2 acre lot, and my concern is that the lot that will remain after the division will be too small for the house to meet the coverage requirements of the Browns Creek Watershed requirement. The house currently does not have an outside deck, but with a patio door built into the house, I am sure the buyer of the house will want to add that in the future - making the coverage area even more at risk. I am hopeful that you can look into this and determine whether the split would conform to the Browns Creek Watershed requirement. I am told that this lot split request is administrative, and this will be approved / disapproved on a consent agenda most likely at the December 6th meeting of the city council. Since we will not be allowed a hearing on this request, I am hopeful that if there is a problem with the Browns Creek Watershed requirement, you could report this to the city council and the city planning group before this comes for a vote. If there is a problem, I am hopeful that this would be enough to persuade the council to vote against the division of the current lot. If you have any questions / comments, please feel free to contact me. Best regards, Paul Gora 3495 87th St. N Stillwater 1 Tanya Holmgren From: Brian Gunter <> Sent: Friday, November 18, 2022 11:24 AM To: Planning Dept Cc: JESSICA GUNTER Subject: Case #CD 2022-75 [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, my wife Jessica Gunter and I are writing in to voice concern over the written request to split the property located at 3483 87th St. N. We live at 3493 87th St. N and are strongly apposed to this request. When we purchased our home in January of this year we were specifically told that the lot in question would be sold including the storm retention pond and would be the responsibility of the purchaser to maintain it not the HOA. There will be no benefit to the HOA owning this lot nor would there be a benefit to us as homeowners if the split were to be approved. We were not notified by McKusik Road Partners, LLC and there have been no meetings about this as required by our HOA bylaws. Please take our request into consideration when reviewing this request. Thank you, Brian and Jessica Gunter Brian Gunter 1 Tanya Holmgren From: Sent: To: Subject: Tim Gladhill Friday, November 18, 2022 10:49 AM Planning Dept FW: property split - 3483 87th St. N. Please include in file and agenda packet for CD 2022-75 (Nottingham Village Resubdivision). iliwater THE BIRTHPLACE OF MINNESOTA Tim Gladhill City of Stillwater Community Development Director tgladhill@ci.stillwater.mn.us www.ci.stillwater.mn.us https://www.facebook.com/StillwaterMinnesota P: 651-430-8821 Schedule a Meeting: calendly.com/tgladhill From: CARMEN LOIDA <> Sent: Friday, November 18, 2022 10:45 AM To: Tim Gladhill <tgladhill@ci.stillwater.mn.us>; Yasmine Robinson <yrobinson@ci.stillwater.mn.us> Subject: property split - 3483 87th St. N. [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Tim and Yasmine, As homeowners in Nottingham Village on 87th St. N., we would like to register our disapproval of the request by McKusick Road Partners LLC to split the property located at 3483 87th St. N. into two lots, one for the home at this address and the other containing the storm retention pond which then would be owned by our HOA. We bought our homes with the understanding that the HOA would not be responsible for the storm retention pond. To turn that responsibility over to the HOA at this point would cause a financial burden that none of us expected. It is our hope that you will deny this request. Sincerely, Carmen and Ray Loida i Tanya Holmgren From: Sharon Sullivan <> Sent: Thursday, November 24, 2022 12:06 PM To: tkowlowski@ci.stillwater.mn.us; Planning Dept; Larry Odebrecht Subject: Re: Case # CD 2022-75 Nottingham Village Resubdivision [CAUTION] *** This email originated from outside the organization. *** Do not click links or open attachments unless you recognize the sender and know the content is safe. Case # CD 2022-75 Nottingham Village Resubdivision On Fri, Nov 18, 2022 at 2:40 PM Sharon Sullivan <> wrote: We are the owners of 3489 87th Street N, Stillater, MN, and are writing to register our strong opposition to the proposed subdivision. By allowing this division to occur, you will be placing an unnecessary burden on our HOA since this will be the only common area within the HOA, and will require us to hire services for grass cutting, sidewalk snow removal, and future assessments for repairs. As a retired fixed income couple, we purchased this property expecting that HOA fees would not become an additional financial burden. One thing to note is that our HOA is still being run by McKusick Road Partners LLC, and they have given no notice of this application for resubdivision to any homeowners. They are also not following the bylaws of the HOA because they have not had any open meetings with the residents during the life of the HOA. Some residents have been in their homes for 3 years, while I have been in mine for 2+ years. No mention was ever made to divide that lot, and we see no reason to do it now - it certainly will not benefit the homeowners. Please review the plat survey and ask yourself what benefit is there to create one extra separate lot. They are not seeking this for the two lots located on the east side of 87th St. N, only the west side. The timing of this request is also suspect since the developer has two speculation homes completed and ready for occupancy. When the next home is sold, the HOA will be turned over to the homeowners, at which time we will have the votes to block any transfer of land into the HOA. There is a rumor that the next home sale may be completed by the end of this month (November 2022). Please carefully consider this request by the builder and decide in favor of the homeowners. Sincerely, Sharon & Larry Sullivan 1 HE BIRTHPLACE OF MINNESDTA DATE: December 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Jason Grode, Parks Superintendent SUBJECT: 2023 World Snow Sculpting Championship Event Application and Contract BACKGROUND The Greater Stillwater Chamber of Commerce has submitted an event application for a special event permit to hold the 2023 World Snow Sculpting Championship (WSSC) at North Lowell Park on January 18, 2023 through January 22, 2023. This is the 2nd year that this event will be held here in Stillwater where teams from around the world create snow sculptures while competing for prize money and the title of World Champion. Set up will occur starting on January 04, 2023 through January 17, 2023. Clean up will occur on January 23, 2023. The Chamber of Commerce is requesting to reserve parking lots 4 & 5 for the setup and the event dates. The entire parking Lots 9 and 11 would need to be reserved for snow making from January 4 through January 17. The snow making process may require making snow into the overnight hours in parking lot #9 when temperatures are ideal for snow making. The equipment used for this process can reach sound levels of 83 to 116 decibels (dB). City Ordinance Sec. 38-3 prohibits noise between the hours of 10:00 pm and 8:00 am, however the event organizer is requesting a waiver for these hours during the duration of set up from January 4 through January 17. Most likely they will not be making snow overnight on all of those dates, but only when temperatures are ideal for making snow. The Chamber has also submitted an application for a Temporary Liquor License to be able to sell alcohol in the event space on only 4 days of the event, January 19-22nd, 2023. Included in this packet is a spreadsheet with the City fees associated with this event to be invoiced according to the City's current fee schedule. Total City fees and costs would likely exceed $27,000. Also included is a letter from the Chamber of Commerce requesting the waiver of fees associated with this event. ACTION REQUIRED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the 2023 World Snow Sculpting Championship Event Contract and Temporary Liquor License, subject to coordination of the event with the City's Police Department, Fire, EMS and Public Works to meet the City's requirements. If the City Council wishes to waive event fees per the request, it should be specified which fees will be waived, if any. If the City Council wishes to approve the noise ordinance waiver for January 4 — January 22, 2023, they should pass a motion approving that request. ATTACHMENTS: Contract, Site Plan, Fees Spreadsheet and Request for Fee Waiver Letter 2023 WORLD SNOW SCULPTING CHAMPIONSHIP EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 6th day of December, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the GREATER STILLWATER CHAMBER OF COMMERCE, 333 Main Street North #202, Stillwater, MN 55082 (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit the GREATER STILLWATER CHAMBER OF COMMERCE to operate a special event in North Lowell Park from January 18, 2023, to January 22, 2023. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to City's Park, Parking Lots or nearby landscape. 2. Event/Alcohol. Alcohol will be served and be consumed during this event within the outdoor licensed premises and no other Alcohol or Coolers are allowed. Also, no other licenses such as a Temporary Liquor License can be issued for other events at this location. The Greater Stillwater Chamber of Commerce and the City are tasked with insuring alcoholic beverage sales, service and consumption remain within the confines of the outdoor licensed premises and all other building, zoning or health codes would apply to this service area. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: Setup: January 3, 2023 to January 17, 2023 Actual Event: January 18, 2023 to January 22, 2023 from 8:00 a.m. to 10:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of parking lots 4, 5, 8 (3 Spots), 9 and 11. Parking lots 8 (3 Spots), 9 and 11 will only be needed for snow making and will be available for parking on January 18th. The Organizer agrees to pay the City for the use of the parking lots according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park or parking lot as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to use barricades for parking lot closure, trash removal and electricity for vendors. The Organizer will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. The City will supply and equip the public restrooms when they are open for use. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrances. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. If needed, each electrical box needed for the Event will be opened by the City prior to each event. If needed, the Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades following the event. Organizer shall remove trash, additional trash enclosures no later than Noon following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 12. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 14. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. Notary Public GREATER STILLWATER CHAMBER OF COMMERCE Robin Anthony, Executive Director/President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2022, by Robin Anthony, Executive Director/President of the Greater Stillwater Chamber of Commerce. Notary Public Key Alcohol Perimeter Vendor/Sponsor Tent ■ Hot cocoa/ Info Hut II Trailer for Snow Making 1.1 Snow Making Machine Garbage/Recycle Can Handwashing Station Restroom . Concession Tent Beer Tent ID Check/Ticket Sales E Beer Trailer Plowed Walking Path Ice Rink Snow Sculpture Sculpture Perimeter Rope Only in MN MN Ice Sculpture Snowman Building Contest Snow Slide Firepit Igloo Game day trailer KSTP Billboard Barricade World Snow Sculpting Championship (WSSC) Event Dates: January 18-22, 2023 Snow Making Dates: Jan 4-17 # of Units Per Unit Fee Total Fee Event Application Fee (Paid) 1 $ 100.00 $ 100.00 Event Application Late Fee 1 $ 500.00 $ 500.00 Event Setup Fee 14 days $500/day $ 7,000.00 Event Base Fee 5 days $500/day $ 2,500.00 Lowell Park Gazebo 1 day $100/day $ 100.00 Lowell Park Amphitheater Stage 5 days $125/day $ 625.00 Parking Lot 4 (19 Total Set up and Event Days) 19 Days $100/day $ 1,900.00 Parking Lot 5 (19 Total Set up and Event Days) 19 Days $100/day $ 1,900.00 Parking Lot 9 for snow making only Up to 14 Days $200/day $ 2,800.00 Parking Lot 11 for snow making only Up to 14 Days $200/day $ 2,800.00 Parking Lot 8 (3 Spots for camper for snow making) Up to 14 Days $4.50/day $ 63.00 Water for snow making (5,000 gal/minute) 4 hrs/day $2/10,000 gallons $ 3,360.00 Alcohol Permit 4 Days $1,000/day $ 4,000.00 Food Service Vendors (1-10 Vendors) 5 Days $50/day $ 250.00 No -Parking Signs (along Water St) 20 $3 ea/day $ 360.00 Security Deposit (On File) $ 1,000.00 Total Fees $ 27,658.00 GREATER S IIIJ.WAI LI< GREATER STILLWATER CHAMBER of COMMERCE October 14, 2022 CHAMBER o/ COMMERCE' ftwo FOUNDATION Mayor and Council Members Joe Kohlmann, City Administrator City of Stillwater 216 4th Street North Stillwater MN 55082 Dear City Administrator, Mayor, and Council Members: 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www.GreaterStillwaterChamber.com As part of the Wintertime in Stillwater Campaign, and in conjunction with the City's strategic plan to strive to make Stillwater a year-round destination, the Greater Stillwater Chamber of Commerce Foundation (Foundation) will again host the World Snow Sculpting Championship (WSSC) in January 2023, to boast the economy and bring business to the City of Stillwater; in what normally is a quiet time for our business community. We have already been working with staff and council members to bring these events to our beautiful parks in Stillwater and will continue the work through the first quarter. We are excited to partner with the City of Stillwater for locals and visitors to enjoy this world experience in downtown. World Snow Sculpting Championship (WSSC) January 18-22, 2023 Location: North Lowell Park on both sides of the Gazebo, parking lots 4-5-9, Myrtle Street (the portion in front of the Gazebo), along with other inside venues in the city. High level park logistics: Snow making will be conducted in lot 9 January 10-17th and the snow will move to the park to build the forms (all weather dependent). There will be a large, heated tent in lot 5, a small snow slide, music piped in the park and live music (weather permitting) in the Gazebo on Saturday Night for the closing ceremonies and awards; and The World's Coolest Block Party on Saturday night and MinneSnowta Nice Day on Sunday. Once again our partner Market and Johnson, will be assisting with the moving of the snow into the forms and this year Afton Alps will be making snow in lot 9 and there will be a sculpture at the entrance to Afton Alps with signage to assist with the promotion prior to the event. There will be a work trailer to house the sculpting equipment when not in use, four -wheelers, possible snow mobiles and tents for sponsors as well as a camper parked by lot 9 (a few spots in lot 8) for the snow makers to warm up while making the snow. We will continue to work with the Steering Committee and city staff on these logistics and as the event planning progresses. Program: Tuesday, January 17`h Exhibition in the park for the public to view and learn / music piped in at 9 am — 9 pm. Evening event: Meet the teams, review rules and regulations with Winter Fun LLC, WSSC Steering Committee at the Lumberjack (private event). Wednesday, January 18919 am — 3 am snow sculpting in the park. Concession tent open 10 am — 9 pm /. Music piped in at 9 am — 9 pm. Evening event: Opening Ceremony at the JX Event Center. Team introduction, sponsors, dignitaries, and open to the public, limited seating as well as a sponsor appreciation reception. GREArcR STIL1wAM Elt GREATER STILLWATER CHAMBER of COMMERCE CHAMBER o/ COMMENCE r � mmi FOUNDATION 333 Main Street North #202 Stillwater, MN 55082 651-439-4001 www. GreaterStillwaterCham ber.com Thursday, January 19`h 6 am — 3 am snow sculpting in the park. Concession tent opens 10 am — 9 pm / music piped in 9 am — 9 pm. Food Trucks 10 am — 9 pm / Evening event: Chamber Mixer at the Water Street Inn — celebrating 130 years and volunteer appreciation Friday, January 20`h 6 am — 3 am snow sculpting in the park. Concession tent opens 10 am — 9 pm / music piped in 9 am — 9 pm. Food Trucks 10 am — 9 pm Saturday, January 21St 6 am — 2 pm snow sculpting in the park. Concession tent opens 10 am — Midnight / music piped in 9 am — 7 pm. Food Trucks 10 am —10 pm / Evening Event: Awards — Closing Ceremony 4 pm at the Water Street Inn OR, the Gazebo (weather dependent). 7 pm — Midnight. THE WORLD'S COOLEST BLOCK PARTY at the Water Street Inn, Beer Tent in lot 5, outside Myrtle Street to the Gazebo, Chestnut Plaza, and a DJ in the Gazebo during the awards Sunday, January 22'd Concession tent opens 10 am — 6 pm / music piped in 9 am — 6 pm or possibly live band. Possible Food Trucks 10 am — 6 pm / Day event: `MinneSNOWta Nice' / We currently have a team working on activities and fun in the park to focus on our state of Minnesota. Examples: Wild Rice Cookoff Competition, snowman competition, kids' activities, etc. Again, like last year, we are seeking City Partnership for this event which includes: • In -kind use of Lowell Park • In -kind use of electric • A Zink on the city website to the event site • City promotion of the event • In -kind cost for water from hydrants • In -kind plowing and snow removal — understanding that if there is a snow emergency the priorities are the city • In -Kind Public Safety, we will have overnight security during the event by a security firm The Foundation: • The event will be hosted by the Chamber in partnership with the City of Stillwater • The City logo will be placed on our website and listed as a sponsor on all marketing materials • Provide open invitations to all the ceremonies and events to City Council and Department Heads Since we do plan to use the Gazebo during this event, we ask that the Gazebo tree come down prior to January 16, 2023, for this event. We are proud to host this event in our historic downtown Stillwater, hosted by the Foundation in partnership with the City of Stillwater. This is a $200,000 investment for the Foundation and last year, the businesses donated in -kind rooms, food, and other services to a tune of over $100,000, so we are all invested. We value and appreciate your partnership and sincerely appreciate all you do. Warmest Regards, Robin Anthony, IOM Executive Director/President Greater Stillwater Chamber of Commerce DATE: TO: FROM: SUBJECT: HE EiRTH PLA C E OF M INNES iI i A December 6, 2022 Honorable Mayor and City Councilmembers Jason Grode, Parks Superintendent Ice Rink in Parking Lot #4 Event Application and Contract BACKGROUND Mr. Chuck Dougherty with the Water Street Inn has submitted an event application for an Ice Rink in Parking Lot #4 to occur from January 8th to March 20th, with set up on January 1st through January 7th. The event organizer is proposing to pay the costs to install the 40' x 116' skating rink in the southeastern portion of Parking Lot #4 along with the following costs: costs for upkeep, all insurance coverage, public bathrooms (in the hotel), use of the ballroom area for warming space and team meeting area, and use of heaters on their outside patio. The event organizers are requesting that the City provides the following: approval of the use of parking lot #4, use of city hydrants for the first two floodings (will use water from hotel after that), help from the City with removal of the snow piles from outside of rink as needed, and waiving of all city fees associated with this request. According to the most current fee schedule, the fee for reserving Lot #4 for a special event is $100/day. If the event started on January 8th and ended on March 20th (72 days), the cost for the use of the parking lot would be $7,200. In the past 2 years of this event, the City Council has waived all fees associated with this event. As with each Spring, there should be consideration for a possible Spring flood and removal of the rink in a timely manner. The event organizer has not requested nor applied for a premise extension for their alcohol license to cover this event space. ACTION REQUIRED The City Council should review the event application materials. If Council wishes to approve the special event, they should pass a motion approving the Ice Rink Event Contract. City Council should also vote on the request to waive all event fees. Attachment: Contract Agreement, Site Plan and Letter. 2023 HOCKEY RINK IN PARKING LOT #4 EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 6TH day of December, 2022 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the WATER STREET INN, 101 Water Street S, Stillwater, MN 55082 (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes and the City will permit Water Street Inn to install a 40-foot by 116-foot ice rink in Parking Lot #4 in January 2023 to March 2023; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Organizer agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to City's parking lot or nearby landscape. 2. Event/Alcohol. Water Street Inn is tasked with insuring alcoholic beverage sales, service and consumption remain within the confines of their indoor premises and all other building, zoning or health codes would apply. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting participants bringing their own liquor into the event space. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: Setup: January 1, 2023 to January 7, 2023 Actual Event: January 8, 2023 to March 20, 2023 from 8:00 a.m. to 10:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The organizer is aware and will inform all event participants that staking into the asphalt for tents, etc. is not allowed (any damage repair will be paid for by the event organizer). The Event is given use of the southeastern section of Lot 4. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park or parking lot as determined by the City. 10. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to use barricades for parking lot closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. The City will supply and equip the public restrooms when they are open for use. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. If needed, each electrical box needed for the Event will be opened by the City prior to each event. If needed, the organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades following the event. Organizer shall remove trash, additional trash enclosures no later than Noon following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 11. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 12. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 13. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 14. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of 2022, by Ted Kozlowski, Mayor, and Beth Wolf, City Clerk, on behalf of the CITY OF STILLWATER. WATER STREET INN Chuck Dougherty, Owner STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of 2022, by Chuck Dougherty, Owner of the Water Street Inn. Notary Public `•�sitev. Lr 1\I Ice Rink on Parking Lot #4 Michelle Margo and I again working on having an Ice Rink installed Parking Lot #4 as part of Wintertime in Stillwater. Last two years went great with many families enjoying some ice time, even the Stillwater Girls Skating team held practicing on the rink once per week. We will also host Frozen Flannel to this downtown rink. We are in talks with other organizations about using this rink (Sara Jaspersen; Pond Hockey, Jim Honsvall; St. Croix Curling, Judd Sather; Winterfest, and Chamber of Commerce; Fire & Ice). When the rink is not being used for events, it will be open for public skating. Our hope would be to start setting up the rink right after the 1st of the year. Water Street Inn will pay the cost to again install a 40' X 100' rink on Parking Lot #4. We will also provide: • The cost of the up -keep. • All insurance coverage that is required • Public bathrooms (in the hotel) • When there are events going on the rink, our ballroom area can be used as a warming space and team meeting area. • We will also have heaters going on our outdoor patio space and in our covered patio. What we would need from the City is: • Approval to use lot #4 from January 1st until Mid -March • To move some benches / tables around the rink. • Use of city fire hydrant for the first two floodings (will use water from hotel after that) • Help with removal of the snow piles from outside the rink area should they become a problem. • Waiving of all City Fees associated with this request Chuck DYSughe 'y iliwater THE BIRTHPACE OF MINNESOTA DATE: December 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: City of Stillwater Truth in Taxation Meeting for Consideration and Adoption of Final 2023 Budget and Tax Levy DISCUSSION The City Council will meet on Tuesday, December 6, 2022 to conduct its required Truth in Taxation meeting, and to consider approval of the Final 2023 City Budget and the Final 2023 Tax Levy. The City Council conducted 2023 budget discussions on August 16, September 6, September 20, and November 15 during which the Council reviewed operational and capital requests from all departments, affiliated Boards and outside agencies. The 2023 budget requests included revenue and expenditure programming and capital outlay appropriations to align with the themes and initiatives included in the revised Stillwater Strategic Plan, as well as requests for staffing adjustments and capital requests for preservation of current assets and new projects. At the September 20, 2022 meeting, the City Council approved the City's Preliminary 2023 Budget and Preliminary 2023 Tax Levy resulting in tax levy adjustment of +9.817°/0 over the adopted 2022 Tax Levy. The approved Preliminary 2023 Budget and Levy maintained a balanced 2023 budget and continues the provision of excellent city services and programs to meet the needs of the citizens of Stillwater. As a result of increases in property values and taxable tax capacity, the proposed City of Stillwater Final 2023 Budget and Levy also results in the lowest City tax rate in the past decade. (See attached slides.) RECOMMENDATION Staff recommends Council approval of the Resolutions: Adopting the Final Tax Levy for Payable Year 2023; Adopting the Final Budget Appropriations for the Year 2023. City of Stillwater Washington County, Minnesota RESOLUTION 2022- ADOPTING THE FINAL TAX LEVY FOR THE PAYABLE YEAR 2023 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $17,487,047 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2023. FURTHER BE IT RESOLVED, that the sum of $40,700 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel -specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2023. The Levy consists of the following: GENERAL TAX LEVY: $13,265,987 DEBT SERVICE TAX LEVY: Fund Required Levy for 2023 Amount 312 G.O. Capital Outlay 2012A 373,558 314 G.O. Capital Outlay 2014A 479,001 326 G.O. Capital Outlay 2016A 554,085 327 G.O. Capital Outlay 2017A 401,373 318 G.O. Capital Outlay 2018A 471,363 339 G.O. Capital Outlay 2019A 422,100 321 G.O. Capital Outlay 2021A 405,300 322 G.O. Capital Outlay 2022A 591,780 Subtotal $3,698,560 New Debt G.O. Capital Outlay 2023 522,500 Total Debt Service Tax Levy $4,221,060 TOTAL TAX LEVY $17,487,047 PARCEL -SPECIFIC LEVY WMO Levy $40,700 Adopted by the Stillwater City Council this 6th day of December, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2022- ADOPTING THE FINAL BUDGET APPROPRIATIONS FOR THE YEAR 2023 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2023 in the amounts for the following funds: Fund Fund Name Amount 100 General Fund $17,273,155 200 Special Events Fund 60,000 202 St Croix Valley Recreation Center Fund 1,824,545 230 Library Fund 1,638,154 240 Parks Fund 1,612,266 251 Downtown Beautification Fund 69,000 255 Washington County Recycling Fund 29,000 285 Lodging Tax 271,387 Total $22,777,507 Adopted by the Stillwater City Council this 6" day of December, 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater 2023 Truth -in -Taxation Budget Meeting December 6, 2022 Joe Kohlmann City Administrator illwateE THE BIRTHPLACE OF MINNESOTA 2023 Budget The City of Stillwater provides a wide array of services including: • • • • Public Safety — Police, Fire and EMS Building Inspections/Permits, Planning Engineering, Streets Maintenance Administration, Elections, Human Resources, Information Technology • Finance/Accounting City of Stillwater i11 • St Croix Valley Recreation Center and Lily Lake Ice Arena • Public Library • Parks, Community Beautification • Sanitary Sewer & Storm Sewer • Water Supply System • Signs & Lighting • Parking • Infrastructure, Capital Improvements i11 Significant 2023 Budget Impacts • Total proposed 2023 operating budget of over $19 million • Proposed property tax increase of 9.8% over 2022 • 17.5% (average) increase in market value from 2022 to 2023 for residential properties • 18.49% increase in taxable tax capacity • 9.5% increase in Health Insurance premiums (active employees) • New Positions: • Patrol Officers (2 FTE) • Code Enforcement Technician (1 FTE) • Bond Issuance of $4,000,000 for capital outlay and street projects City of Stillwater 2023 Proposed Operating Revenues* Property Taxes $13,265,987 Franchise Fees Lodging Tax $490,000 $275,000 Licenses/Permits Intergovernmental $608,950 $1,355,714 Charges for Services Fines & Forfeits Miscellaneous $3,231,289 $49,000 $230,037 Total Operating Revenue 19,505,97 Charges for Services 17% Intergovernmental 7% i11 Fines & Forfeits <1% Licenses/Permits 3% Lodging 17 / Franchise/ Fees 3% * Includes General Fund and budgeted Special Revenue Funds. Excludes Bond Proceeds. City of Stillwater Miscellaneous 1% Property Taxes 68% 2023 Proposed Operating Expenditures* Expenditure Typ General Government $4,897,464 Public Safety $7,955,494 Public Works $1,829,311 Culture & Recreation $5,203,965 Total Operating Expenditures $19, 886,234 Public Safety: Police, Fire Building Inspections Emergency Management Culture & Recreation: Special Events Rec Center Library, Parks Community Beautification Public Works: Engineering Streets WACO Recycling City of Stillwater General Government: Mayor & City Council Elections, MIS Finance, Lodging Tax Administration, HR City Attorney Plant/City Hall Community Development Unallocated Culture & Recreation 26% Public Works 9% illvvater General Government 25% Public Safety 40% * Includes General Fund and budgeted Special Revenue Funds. Excludes Capital Outlay, Debt Service and Enterprise Funds. ter Property Tax Levy Proposed 2023 vs Adopted 2022 2022 Adopted CITY-WIDE LEVY 2023 Requested 2023 Proposed $ Increase Increase $12,032,975 General Operating Tax Levy $13,836,018 $13,265,987 $1,233,012 10.247% $3,890,822 Debt Service Tax Levy $4,521,142 $4,221,060 $330,238 8.488% Totals 9.817% 2022 Adopted PARCEL -SPECIFIC LEVY 2023 Requested 2023 Proposed $ Decrease Decrease $44,000 WMO Tax Levy -9._ $44,400 $40,700 -$3,300 -7.500% City of Stillwater i11 Property Tax Rate Proposed 2023 Formula: Total City Property Tax Levy City's Taxable Tax Capacity = City Tax Rate 1 Actual Pay 2022 Proposed Pay 2023 Change Property Tax Levy Fiscal Disparity Portion of Levy $15,967,797 $17,527,747 $1,579,914 $1,426,036* 9.769% -9.740% City's Portion of Levy City's Taxable Tax Capacity City Tax Rate $14,387,883 $27,709,752 51.924% $16,101,711 11.912% 18.496% 49.038% -5.558% $32,834,909* Notes: Property Tax Levy amount includes Water Management Organization (WMO) *2023 Taxable Tax Capacity numbers and fiscal disparity numbers are estimates from Washington County. City of Stillwater City Property Tax Rates Last 9 Years and Estimated 2023* (Rates include WMO) 60% 58% 56% 54% 52% 50% 48% 46% 44% 1 Year Rate 2014 2015 2016 2017 2018 2019 2020 2021 2022 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* 2023* City of Stillwater 58.359% 55.225% 57.425% 57.322% 53.790% 54.629% 53.814% 52.265% 51.924% 49.038% Tax Impact -Residential 2023 Updated Proposed Actual Payable 2022 Proposed Payable 2023 i11 From 2022 to 2023 Taxable-� City Proposed City Market Tax City Tax Property Taxable Tax City Tax Property Annual Monthly Value Capacity Rate Tax Market Value Capacity Rate Tax Increase Increase % Change $323,700 3,156 51.924% $1,638.71 $380,400 3,774 49.038% $1,850.71 $212.00 $17.67 12.9% $212,800 1,947 51.924% $1,010.95 $250,000 2,353 49.038% $1,153.87 $142.92 $11.91 14.1% $255,300 2,410 51.924% $1,251.36 $300,000 2,898 49.038% $1,421.13 $169.78 $14.15 13.6% $297,900 2,875 51.924% $1,492.80 $350,000 3,443 49.038% $1,688.39 $195.59 $16.30 13.1% $340,400 3,338 51.924% $1,733.21 $400,000 3,988 49.038% $1,955.65 $222.44 $18.54 12.8% Assumptions: 17.5% increase in Market Value from 2022 to 2023 (Estimate from County) Information is based on Residential Homestead Properties Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature City of Stillwater Where Does Your Property Tax Dollar Go? How the City spends each dollar it receives from the tax levy Ti ;E F I' THIS 'OrS I3 LEOALTE' FOR ALL oE.oi1. PIi9LJG Air K 030140506 it Public Safety 34¢ City of Stillwater $11181/pLiDS- DSL RIM Ws_tiplE4 Debt Service 24¢ ► PP‘-:vi 06 H 4D.C. Fps General Parks Library Government 7¢ 9¢ 19¢ Public Works 7¢ Public Safety: Police, Fire Building Inspections Emergency Management General Government: Mayor & City Council Elections, MIS Finance Administration, HR City Attorney Plant/City Hall Community Development Unallocated Parks Public Works: Engineering, Streets Library City of Stillwater Estimated Property Tax Allocation (all Taxing Jurisdictions) Stillwater School District, 25% Washington County, 23% City of Stillwater Other Taxing Districts, 4% City of Stillwater, 48% i11 Other Taxing Districts include: ➢ Met Council ➢ Met Council Transit ➢ Metro Mosquito Control ➢ Watershed Districts ➢ Washington County HRA QUESTIONS ??? City of Stillwater iliwater THE BIRTHPLACE OF PAINNESOTA DATE: December 6, 2022 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Approve Plans and Specifications and Authorization of Bids for County Road 5 Improvement Project — Phase 2 (2019-09) DISCUSSION Washington County (County) Transportation Department has completed the plans and specifications for their road improvement project on Olive and Owens Street between Pine Tree Trail and Sycamore Street. This project includes road resurfacing, road narrowing, replacement of curbs and replacement of sidewalks. The plans have been reviewed and there were no concerns. Even though this is a County led project, the City is assessing a portion of our cost of the project on Owens Street between Olive Street and Sycamore Street to the affected property owners and must follow Minnesota Statute Chapter 429 process. Washington County has indicated that bids will be opened on January 24, 2023. Construction would occur over the spring and summer of 2023. RECOMMENDATION It is recommended that Council approve the plans and specifications and authorize the advertisement of bids for the County Road 5 Improvement Project Phase 2 which includes the County Road 5 Improvements Phase 2 City Project. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2022- APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE COUNTY ROAD 5 IMPROVEMENT PROJECT PHASE 2 (PROJECT 2019-09) City of Stillwater Washington County, Minnesota RESOLUTION 2022-xxx APPROVE PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CSAH 5 STREET IMPROVEMENT PROJECT PHASE TWO (PROJECT 2019-09) WHEREAS, pursuant to a resolution passed by the Council on October 18th, 2022, the City Engineer/County Engineer has prepared plans and specifications for the CSAH 5 Street Improvement Project Phase Two (Project 2019-09). WHEREAS, Olive Street and Owens Street between Pine Tree Trail and Sycamore Street is a County Road and Washington Count is responsible for design, bidding, and construction of the street improvement; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The plans and specifications have been presented to the City Engineer by the Washington County Engineer are recommended for approval. 2. The Stillwater City Council hereby approves the plans and specifications and authorizes the preparation of the advertisement for bids by Washington County. 3. The advertisement will be inserted in The Gazette and online at QuestCDN.com upon the making of the improvement under the approved plans and specifications. The advertisement shall be published once in the Stillwater Gazette and online for three weeks at QuestCDN.com The advertisement shall specify the work to be done, shall state that bids will be received by Washington County by January 24,2023 at which time they will be publicly opened at Washington County by the County Engineer; will then be tabulated and will be considered by the Council at a future meeting, in the Council Chambers. Adopted by the Council this 6' day of December 2022. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk Washington =_ County 1. 3:15 Personnel Committee FYI BOARD AGENDA *NOTE CHANGE IN TIME* December 6, 2022 - 4:15 PM 2. 4:15 Roll Call Pledge of Allegiance 3. 4:15 Comments from the Public 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 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 4. 4:25 Consent Calendar - Roll Ca11 Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the November 15, 2022, County Board meeting minutes. B. Approval to appoint Lydia Moua, to a partial term on the Workforce Development Board as a Business Representative, with a term expiring December 31, 2023. C. Approval to appoint Tara Dahlager to a first term on the Mental Health Advisory Committee (Local Advisory Committee) as a Child Mental Health Professional, with a term beginning January 1, 2023, and expiring December 31, 2025. D. Approval of citizen reappointments to Washington County Boards and Commissions for 2023. E. Approval of county contract for legal representation for certain persons in Civil Commitments, Guardianships and Conservatorships, with Attorney Jessica Buberl. F. Approve Subordinate Funding Agreement #4 (SFA) in order to pass $3,500,000 in Local Road Improvement Program funds to the Metropolitan Council appropriated by the Minnesota State Legislature in 2021 for the replacement of the 4th Street Bridge in Oakdale as part of the METRO Gold Line project. G. Approve Joint Powers Agreement No. 15127 with the City of Woodbury for sharing law enforcement data. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington County 5. 4:25 Property Records and Taxpayer Services Amy Stenftenagel, Director A. Adopt a resolution approving the appointment of Lisa Young as County Assessor for Washington County for a term beginning December 6, 2022, and ending December 31, 2024. 6. 4:40 Public Works - Sharon Price, Property Acquisition Manager A. Adopt a resolution for the purchase of property in the City of Forest Lake at the southeast quadrant of U.S. Highway 61 and 202nd Street for a northern Household Hazardous Waste and Yard Debris Environmental Center site. 7. 4:55 Sheriff's Office - Sheriff Dan Starry A. Adopt a resolution authorizing the Washington County Sheriffs Office to accept a donation from the Hugo Yellow Ribbon Network for $3,575 for the Shop with a Cop event. B. Adopt a resolution authorizing the Washington County Sheriffs Office to accept 87 Automatic External Defibrillators (AED's) from The Center of Resuscitation Medicine at the University of Minnesota. 8. 5:10 General Administration - Kevin Corbid, County Administrator 9. 5:20 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. 10. Board Correspondence 11. 5:35 Adjourn 12. 5:35-5:55 Break 13. 6:00 PM Public Budget Meeting on Proposed 2023 Washington County Budget A. Public Budget Meeting on the 2023 Proposed Budget. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer Washington =_ County BOARD WORKSHOPS November 22, 2022 - 9:00 AM 1. 9:00 Board Workshops with Administration 9:00 A. Review the 2023 proposed Washington County budget 9:30 B. Review Washington County's Draft 2023 Legislative Priorities 10:30 C. Boards and Commissions Review 11:00 D. Review draft of county board meeting dates for 2023 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 * Please note: No official county business or votes will take place during Workshop Only meetings. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer