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HomeMy WebLinkAbout2013-11-19 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North November 19, 2013 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of October 29, 2013 regular and recessed meeting minutes and November 7, 2013 special meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator – Sidewalk and Snow Removal Enforcement VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2013-180, directing payment of bills 11. Resolution 2013-181, approving list for professional historian services (demolition requests) 12. Possible approval of temporary liquor license – Valley Chamber Chorale, Katherine Fristad applicant, December 13-15, 2013 13. Resolution 2013-182, reappointments to Library Board 14. Resolution 2013-183, resolution approving modification to impact fees for Browns Creek Preserve 15. Resolution 2013-184, approving release of drainage and utility easement quit claim deed, Greeley Street and Highway 36 area 16. Possible approval of utility bill adjustments 17. Resolution 2013-185, accepting proposal and awarding contract for uniform and mat cleaning services 18. Resolution 2013-186, approving easement and agreement with Mark S. & Catherine N. Balay 19. Resolution 2013-187, approving renewals of on-sale, off-sale, club, wine, wine with strong beer, Sunday on-sale, on-sale 3.2%, off-sale 3.2%, micro brewer off-sale, micro brewer tap room liquor licenses and tobacco licenses for 2014 20. Resolution 2013-188, resolution rescinding Resolution No. 2000-156, adopting amended fire department emergency response policy IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. No public hearings. X. UNFINISHED BUSINESS 21. Possible approval of TIF Agreement for Stillwater Caves, LLC (Resolution – Roll Call) 22. Possible approval of Ordinance 1062 an ordinance establishing a Water Management Tax District (1st Reading - Ordinance – Roll Call) XI. NEW BUSINESS 23. Possible adoption of resolution rescinding moratorium on new events (Resolution – Roll Call 24. Request from Tom Wortman to fund the Downtown Façade Program 25. Possible approval of preparation of feasibility report for 2014 Street Improvements (Resolution – Roll Call) 26. Possible approval of street project construction with Oak Park Heights. XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT CA Local Governments On Board I Stop Smart Meters! N� Stop Smart Meters! Fighliny,for health privacy, and safe4j Page I of 28 CA Local Governments On Board The following is a list of local governments within California who are opposed to the mandatory wireless 'smart'meter program. Names of cities and counties are linked to news coverage or official council minutes that substantiate each city or county's inclusion. Those local governments in red have passed ordinances that have made `smart' meter installations illegal within their jurisdictions: Counties (1i) Humboldt County (pdf) Lake County Marin County Mendocino County City and County of San Francisco San Luis Obispo County Santa Barbara County Santa Cruz County, Sonoma County — AB 37 SUP port Letter -(p-dD ithqma-Counts- Ventura County Cities and Towns (45) Arcata Bel-vedere Berkeley (pdf) Blue Lake Bolinas http://stopsmartmeters.orglhow-you-can-stop-smart-meterslsample-letter-to-local-govem... 11/19/2013 CA Local Governments On Board I Stop Smart Meters! Buellton Calabasas Camp Meeker (pdf) Capitola Carpinteria Qlearlake Cotati (pdf) Fairfax (pdf) Fillmore Fort Bragg Goleta Grover Beach Lakeport Marina Mill Valley Monterey (pdf) Monte Serena, (pdf) Morro B (pdf) Mount Shasta Novato 0 jai Pacific Grove Palo Alto Piedmont (pdf) Richmond (pdf) Page 2 of 28 http://stopsmartmeters.orglhow-you-can-stop-smart-meterslsainple-letter-to-local-govem... 11/19/2013 CA Local Governments On Board I Stop Smart Meters! Rio Dell Ross San Anselmo San Rafael (pdf) San Luis Obispo (pdf) Santa Cruz Sausalito Scotts Valley, Seaside Sebastopol (pdf) Solvang Simi Vallev Thousand. Oaks Watson-Ale (pdf) Willits Other Jurisdictions (1) Big Valley, Rancheria/Tribal Community of Pomo Indians Total Number Local Governments Opposed: 57 Total CA population represented: 3,831,272 Missing anyone? Please e-mail us at info@stopsmartmeters.org 117 Responses to CA Local Governments On Board Vield says: March 1. 2011 at 2:09 pm Page 3 of 28 http://stopsmartmeters.orglhow-you-can-stop-smart-meterslsample-letter-to-local-govem... 11/19/2013 Petition I Seattle City Council: Ban the use and installation of smart meters I Change.org Page 1 of 7 Sig] t" fit Email Street Address V ►rg D Share with Facebook friends terms of service and privacy Policv. • Petitioning Sally J. Clark This petition will be delivered to: Council President Sally J. Clark Chair, Public Safety, Civil Rights, and Technology Committee Bruce A. Harrell Chair, Housing, Human Services, Health, and Culture Committee Nick Licata Chair, Energy and Environment Committee Mike O'Brien Council: Ban the use and ins §VdAW` ffbff 3d 1. • billiwo� lford SEATTLE, WA WASHINGTON 6d 2. petition by • Kitty OD, WA WASHINGTON 7d Redmond, WA http: / /www. change.org /petitions /seattle- city - council- ban-the- use - and - installation -of- smar... 11/19/2 013 Petition I Seattle City Council: Ban the use and installation of smart meters I Change.org Page 3 of 7 J.S. AND INTERNATIONAL GROUPS WARN OF SERIOUS HEALTH DANGERS In May 2011, the International Agency for Research on Cancer of the World Health Organization classified EMF/RF fields as a class 2B possible human carcinogen. Other groups have documented harmful effects, including but not limited to, the American Academy of Environmental Medicine; Sweden's Karolinksa Institute; Powerwatch, UK; the international BioInitiative Working Group; and the European Parliament. Entire countries such as France, Belgium, Liechtenstein, Switzerland, Germany, Austria, Finland, and Israel are taking precautions to protect their citizens from the dangers of wireless exposure. WIRELESS /SMART METERS CAUSE IMMEDIATE AND LONG -TERM HEALTH PROBLEMS. Worldwide reported and documented symptoms include ringing in the ears, dizziness, insomnia, strong headaches, audible buzzing or hum, nervous tension, dense sensation in the ears, nausea, heart palpitations, memory loss, inability to concentrate, anxiety and pain. SMART METERS DAMAGE APPLIANCES, INCREASE MONTHLY BILLS, AND ARE FIRE HAZARDS. Improperly installed or faulty wireless /smart meters have led to fires, inaccurate billing, and damages to appliances and other electronic devices. In addition, some customers have reported huge increases in monthly electric bills. SMART METERS ENABLE GOVERNMENT /CORPORATE SURVEILLANCE. A February 2012 Congressional Research Service Report reveals that wireless smart meters disclose people's daily schedules, usage of appliances and electronic equipment, absences, and types of medical equipment. CIA Director David Petraeus recently confirmed that governments will use wireless smart appliances as spy devices. Wireless smart meters will track more private information than the GPS devices in our cars, and the US Supreme Court recently declared GPS tracking required a warrant. THE SMART GRID NETWORK IS A BOON FOR HACKERS AND ENDANGERS NATIONAL SECURITY. The Department of Homeland Security and the National Security Agency recognize the hacking and cyber- attack dangers from wireless smart meters and the smart grid network in which smart meters are embedded. Former CIA director James Woolsey called the program "a really, really, stupid grid." Cyber expert David Chalk asserted in April 2012, "Unless we wake up and realize what we're doing, there is 100% certainty of total catastrophic failure of the entire power infrastructure within 3 years." THESE METERS ARE BEING DEPLOYED WITHOUT INFORMING THE PUBLIC OF CURRENT AND FUTURE IMPACT. Wireless /Smart meters generate microwave radiation, 24/7 penetrating all building materials, at home, schools, and workplaces. Pacific Gas and Electric reported that up to 190,000 messages can be communicated via one smart meter in only 24 hours. In a world already inundated with electromagnetic /radio frequencies (EMF/RF), these meters are designed to communicate with each other and will eventually link to all the "smart" appliances in our homes to produce an atmosphere even more saturated with EMF/RF —an atmosphere in which we will be expected to live. http: / /www. change.org /petitions /seattle- city - council - ban- the -use- and - installation -of- smar... 11/19/2013 Petition I Seattle City Council: Ban the use and installation of smart meters I Change.org Page 4 of 7 LONG -TERM AND CUMULATIVE EXPOSURE TO SUCH MASSIVELY INCREASED EMF RF RADIATION HAS NO PRECEDENT IN HUMAN HISTORY. WE REFUSE TO BECOME HUMAN GUINEA PIGS. We have not been consulted about this program, and we do not give our consent Therefore, we, the undersigned, submit this petition as a claim of our right to retain and keep using our analog utility meters, at no cost to us, and to refuse the installation of wireless smart meters. To: Sally J. Clark, Council President Bruce A. Harrell, Chair, Public Safety, Civil Rights, and Technology Committee Nick Licata, Chair, Housing, Human Services, Health, and Culture Committee Mike O'Brien, Chair, Energy and Environment Committee I just signed the following petition addressed to: Seattle City Council. Allow Seattle residents to retain their analog utility meters at no extra cost. The petition allows Seattle residents to have freedom of choice involving their homes and offices. We oppose the mandatory installation of smart meters which can cause health effects, increase rates, and invade privacy.... I just signed the following petition addressed to: Seattle City Council. Allow Seattle residents to retain their analog utility meters at no extra cost. The petition allows Seattle residents to have freedom of choice involving their homes and offices. We oppose the mandatory installation of smart meters which can cause health effects, increase rates, and invade privacy. Sincerely, [Your name] Read More Less News 1. Reached 250 signatures Supporters Reasons for signing • Most Popular • Latest http: / /www.change.org/ petitions /seattle- city - council- ban- the - use - and - installation -of- smar... 11/19/2013 City Has Authority To Ban Smart Meters HOME » FROM THE READERS, LETTERS TO THE EDITOR r CITY HAS AUTHORITY TO BAN SMART METERS City Has Authority To Ban Smart Meters SEDONA TIMES / DECEMBER 12, 2012 / 4 COMMENTS Sedona AZ (December 12, 2012) — In a Letter to the SedonaEye.com Editor, Sedona resident Monnie Ramsell asked that a copy of her City Council Presentation, read during the December 11, 2012 Sedona City Council meeting, be printed for public information: Dear Mayor and Council Members. There was a recent inquiry into whether the City would have any authority to ban the installation of "smart meters" During an AARP Town hall conference call with the Arizona Corporation Commission on utility the week before last, Commissioner Brenda Bums explained the role of the Commission as the "fourth branch" of government and the Commissioners were elected by us and they are working on our behalf. She explained how individuals and groups can actively get involved with issues regulated by the Commission. By active participation, we can make our voice heard. One of the processes is to file motion for intervention. There is no filing fee. It is a very simple filing of petition to intervene. There is a sample form on the Commission's website. In fact, she is looking forward to us intervening and (is) highly supportive of our involvement saying that we shall make a difference. Many cities and counties in California as well as other states are filing for motion to intervene regarding matters of Smart Meters. As Fairfax Town Council Supervisor Larry Bragman said during their council meeting, intervention with the Utility Commission Is low cost high impact option to address smart meters issue. Their city attorney agreed Intervention will give the City the opportunity to work together with the Commission to make sure the health and safety issues are addressed so there the city codes can be followed. Sections: 8. 15.010 Nuisances. Page 1 of 2 Smart meter issues need to be addressed before installation AZ Corporation Commissioner 8.15.010 Nuisances, Brenda Bums asks community to get involved with smart meter It is unlawful for any person to maintain a public nuisance. Anything which is injurious to health or indecent or offensive to the senses, or debate which interferes with the comfortable enjoyment of life or property or anything which unlawfully obstructs the free passage or use in a customary manner of any public place, street, sidewalk or alley in the city, is a public nuisance and subject to summary abatement. (Code 2006 § 10 -1 -51. 13.35.020 Environmental nuisances defined. In addition to the public nuisances defined by this code, ordinance or state law, the following specific acts, omissions and conditions in or upon any private lot, building, structure or premises, or in or upon any public right -of -way, street, avenue, alley, park, parkway or other public or private place in the city, are hereby declared to be, among others, environmental nuisances which endanger the public health and safety: Courts tend to do what the movement and communities expect them to do. If communities don't expect privacy, health and safety protection and we are marginalized in these debates, then the court will do what the courts always do. They will not analyze the health issues, the safety issues, the privacy issues. They will just hang their head on the jurisdictional issue, Our concerns will be excised from the court records and that's how it works. It really depends on the people; the communities let their elected representatives know that we want protection, that we're concerned about it. We expect actions, Ratepayers should be allowed to opt out without having forced to pay a fee to not having a nuisance put onto their property. Without our City's active participation, the utility is not going to act. It is up to us to create a smart meter free zone to protect our health, to protect people with electro hypersensitivity, to protect our privacy and to protect our property value. Monnie Ramsell Sedona Arizona " 2ttc - �' �l 4• For the best Sedona Arizona News and Views? Subscribe to www.SedonaEye.com today. Related posts: 1. Arizona Corporation Commission on Smart Meters 2. Opt Out of APS Smart Meters Now 3. Doctor Says Smart Meters Public Health Catastrophe 4. Smart Meters and Microwave Radiation Dangers 5, APS Smart Meters Dumb Choice Opines Activists http: / /sedonaeye- com/city- has - authority -to- ban -smart- meters 11/19/2013 You Decide: Weighing the effects of Smart Meter technology : News : FOX21News.com Page 1 of 3 Tuesday, November 19, 2413 55° Mostly Cloudy HE S3° ( Lo: 31° r ' a aT Clouds increase fiat we keep tha mild tamps! .' :�.,, _ x (� View Mark Bunion's Complete Forecast l'lt3lkl f� � � l?i�lliikt ' Search Sub! Stories Videos Politics Education Economy Healthy Living Business Strange Money Coach Military News Site index ® Friend Sam Follow Sam Contact Sam Sam's feed Read more: State, Local, National, Economy, Health, Business, Environment, Community, Education, Entertainment, Smart Meters, Smart Meter, Colorado Springs Utilities, Fountain Utilities, What's Wrong with Smart Meters. Why Smart Meters Work, Benefit of Smart Meters, Effects of Smart Meters, Electromagnetic Hypersensitivity Disorder, Fcc Regulations, Research on Smart Meters, Fountain City Council Curtis Mitchell, Darrell Couch, Electricity Monitoring save s send , prim FOUNTAIN. COLO. - A ballot issue in Fountain is attempting to ban a newly installed utility measuring system. "Smart meters" have already been installed at 75% of Fountain Utility customers' homes, which the company estimates to be about 15,000 residences. C Photo The measure was put on the ballot by way of acitizen- sponsored petition. Enough signatures means voters will decided on the allowance or ban of smart meter technology in November. The upgraded meters were approved in 2009 and installation began in November 2012. But to date, 14 states have either banned smart meters, have pending legislation against them, or have offered customers the opportunity to opt out. Some for health concerns, others over privacy issues: California, Connecticut, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Michigan, Nevada, Oregon, Pennsylvania, Texas and Vermont. More and more customers across the U.S. are opposing the meters, arguing that the radio frequencies they emit cause health risks. Opponents are quoting the World Health Organization's classification of radio - frequencies as a "possible carcinogen," saying they emit more than 100 times that of cell phones. According to utilities, an approval of the ban would cost the city more than $5.4 million, and would almost certainly mean a hike in rates. n would mean $3.3 million to replace the meters with an older model, and the city would need to return the $2.13 minion dollars from a U.S. Department of Energy grant. Petition circulator and main critic of Fountain's smart meters, Darrell Couch said many of the cities implementing smart metering systems haven't done their research on the potential effects. AD VE RTj S E M. E NT Special Features You Decide: Weighing the effects of Dining & Entertainment Smart Meter technology Financial Services by Sam Baranowski Home &Garden . Posted: 08.28.2013 at 9:42 PM - Updated: 08.29.2013 at 9:20 AM Retad & Non -Profit View Sam Baranowski 7 Sam is a general assignment 6 1 14 reporter for FOX21 News. ........_.. _.... -, read mores Tweet Recommend .' �i} ® Friend Sam Follow Sam Contact Sam Sam's feed Read more: State, Local, National, Economy, Health, Business, Environment, Community, Education, Entertainment, Smart Meters, Smart Meter, Colorado Springs Utilities, Fountain Utilities, What's Wrong with Smart Meters. Why Smart Meters Work, Benefit of Smart Meters, Effects of Smart Meters, Electromagnetic Hypersensitivity Disorder, Fcc Regulations, Research on Smart Meters, Fountain City Council Curtis Mitchell, Darrell Couch, Electricity Monitoring save s send , prim FOUNTAIN. COLO. - A ballot issue in Fountain is attempting to ban a newly installed utility measuring system. "Smart meters" have already been installed at 75% of Fountain Utility customers' homes, which the company estimates to be about 15,000 residences. C Photo The measure was put on the ballot by way of acitizen- sponsored petition. Enough signatures means voters will decided on the allowance or ban of smart meter technology in November. The upgraded meters were approved in 2009 and installation began in November 2012. But to date, 14 states have either banned smart meters, have pending legislation against them, or have offered customers the opportunity to opt out. Some for health concerns, others over privacy issues: California, Connecticut, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, Michigan, Nevada, Oregon, Pennsylvania, Texas and Vermont. More and more customers across the U.S. are opposing the meters, arguing that the radio frequencies they emit cause health risks. Opponents are quoting the World Health Organization's classification of radio - frequencies as a "possible carcinogen," saying they emit more than 100 times that of cell phones. According to utilities, an approval of the ban would cost the city more than $5.4 million, and would almost certainly mean a hike in rates. n would mean $3.3 million to replace the meters with an older model, and the city would need to return the $2.13 minion dollars from a U.S. Department of Energy grant. Petition circulator and main critic of Fountain's smart meters, Darrell Couch said many of the cities implementing smart metering systems haven't done their research on the potential effects. AD VE RTj S E M. E NT Special Features The latest deals, expert advice, coupons and sales from local merchants in and around southern Colorado by FOX21 News Auto Pets Advice and information for people Dining & Entertainment with pets Financial Services Ds Home &Garden . Senior Living `''i ` - Assistance for senior citizens Retad & Non -Profit View _.... Financial Services �.....�. _..._ -- Experts in financial planning Worship & Remembrance Need a place to worship or need to give your loved one a proper burial? Ratak _ The latest deals, expert advice, coupons and sales from local merchants in and around southern Colorado by FOX21 News Auto : Beauty & Wanness Dining & Entertainment Education Financial Services E Healthy Living ���� Home &Garden . ; Legat Connections -- - -- Aets - -. -._ - Recreation & Travel Retad & Non -Profit l Senior Living ; p, ._. ....._. Worship &Remembrance ADVERTIS . .._.._w. _._._. _._ A it E NT http: / /www.fox2lnews.com/news /story.aspx ?id = 939916 11/19/2013 You Decide: Weighing the effects of Smart Meter technology: News: FOX21News.com Page 2 of 3 'There are people that want to pay into the technology and ride it while it's high, and it'll probably take a while for legislation to catch up," he explained. Couch, a systems integrator who's developed software and circut design for government agencies, said he's done the research and health is a serious concern. He's given city council and utilities more than 100 reports and documents to prove his point, LA "Everything I've given the city is documented fact by a govemment agency," he said.° t..: Click Here to receive your coupon Doctors and health organizations have been evaluating the possibility of customer's for a FM butter croissant discovery of a sensitivity to the frequencies. Its called Electromagnetic Hypersensitivity Disorder also known as EHS. Latest Headlines Headaches, nose bleeds, muscle cramps, cognitive dysfunction, fatigue, skin irritation and irregular sleep patterns are just some of the symptoms sufferers Colorado Springs man sentenced in poaching describe when they are exposed to electromagnetic fields, but these have not been cage proven to be directly correllated. A Colorado Springs man was sentenced in a poaching incident late last month, the Division of Here's what the Colorado Department of Public Health says about the Wildlife announced Tuesday. concerns. read more a Critics argue the radio frequencies will be continuously going through their homes. They say it could interfere with medical devices like pacemakers, by throwing off New dog park set to open at Fox Run Regional Park their signal. Many makers of pacemaker warn that radio frequencies can affect the Colorado teen who killed Jessica Ridgeway device's effectiveness. They argue that even having it next door could be enough sentenced to life an impact, therein supporting the city -wide ban. Poll: Gov. Hickentooper keeps lead over GOP Fountain Utilities Director Curtis Mitchell said these are serious concerns. But, he opponents said the smart meters emit less frequencies than the current meters. New allegation made against George Zimmerman in "This technology replaces an automated reading system that Fountain Utilities put court in place 13 years ago. It replaces a meter that has a radio in it, with an electric Man accused of having sex with 14-year-old girl meter that has a radio in it, just with more capabilities," Mitchell explained. He said during sleepover the digital readers that have been used in Fountain for more than a decade send More stories » data back via radio frequencies every 3 seconds. The smart meters send data once every 24 hours. Video Headlines Couch said the previous meters used for the last decade don't communicate often Sen. McCain Says He'll Vote No on Yellen enough or strong enough to require an FCC label. The smart meters do. He said that its a national issue. He cites cell phone towers triggering brain cancers as Raw: Deadly Mail Collapse in South Africa well, adding that prolonged exposure to the smart meters could result in the same Faith Community Driving Ill. Tornado Recovery discovery, we just haven't been exposed long enough yet. New Allegation Made Against Zimmerman in Court "in the U.S. we have a higher level threshold acceptability from the FCC for these Cirque Du Soleil, Oz Join Macy s Parade types of frequencies than anywhere else in the world, Third world countries like India are about a tenth of us because they realize there's a problem, and we're More videos » increased ours since that time," he said. Other upporters of the ban argue the privacy standpoint that it could be known hour by hour when they're using power, and that the company or government could use that information to adjust rates or charge more at peak times. "Call it load shedding but it's essentially what it does is if utilities is in a peak time, they can actually use the meter to turn off your air conditioner or hot water heater or your dryer until a less critical time," Couch explained, citing government agency research. They've also argued that hackers may have the ability to obtain their personal information from the meter's stored or transmitted data. A bigger concern, the ability to recognize when you're home by when your usage spikes. Critics don t want utilities or hackers to be able to share that data. 'The National institute of Standards and Technology said by looking at the information they can tell what kind of appliance you're running just by the signature that it puts on the line through your meter. even if you don't have a smart appliance." Mitchell said they've heard those concerns and sent the meters to a medical company who tests pacemakers and other devices. He said they were unable to hack the data because of its encryption, and that personal data isn't stored in the meters themselves, but at the company's data center protected by numerous firewalls. He said the meters aren't designed to monitor usage for monetary benefit, but instead to lower operating costs by reducing the amount of service calls since the meters can be monitored and controlled from their hub. He says users will be able to see their energy use real -time so they can adjust accordingly to save energy, or to study sudden increases to target a faulty appliance. Couch argues the Department of Energy grant that financially supported much of this project proves that to be untrue. "Nfien they wrote the grant, data mining is required so if you know data mining, they're tying to understand anything they can through your meter about your lifestyle," he said. hittp://www.fox2lnews.com/news/story.aspx?id=939916 11/19/2013 44 You Decide: Weighing the effects of Smart Meter technology : News : FOX21News.com Page 3 of 3 Mitchell said the monitoring and access to turn off power will keep first responders safe. The Fire Department weighed in on the decision as well. They are concerned over the potential loss of the ability to remotely shut off utilities from the main system, a necessary step before fighting a structure fire. 'We have people responding to those fires and we have instances where firefighters come in contact with live electrical wire, so certainly we look at public safety to see what we can do to help our first responders, Mitchell said. save .t: send print ¢ more 6 comments Add a commend Jill Jeffries Pikes Peak Community Cottage Ban them they are dangerous and give the utility company too much power. They can turn off any appliance in your house at any time. You cannot run your dishwasher during peak times, it will not even start The health risks are plentiful. Just type in Smartmeter on your computer. This is why they are banned in 14 States, they are making people sick! Comments are the sa3e responsibility of the person posting them: they are not reflective of the views or opinions of BarnVon Broadcasting, FOX21, its directors or employees, it you believe a comment violates the Barrington Terms of Use, please flag ii above. Popular Stories Man accused of having sex with 14- year -old girt during steepover Travis Ruiz 1 Today at 10:00 AM ; 6 comments Two people killed in head -on collision in Colorado Springs Mayo Mansilia 1 Yesterday at 8:40 AM 1 4 Comments Colorado teen who killed Jessica Ridgeway sentenced to Life FOX21 Continuous News Desk 1 1 hour, 58 minutes ago About Us News Sports Our Team Stories High School Live Contact Us Videos Stories Advertise Ws#h Vs 1 politics Broncos News Program Schedule Education .l Nuggets flews Email Nevwetters Economy Rockies News RSS Feeds Healthy Living : Air Force Falcons News Agriculture Business Site Index Gerb-Stats Strange Financial Site Index Money Coach i Home Military News Travel Site Index Seniors FC TV Station Profiles & Public Inspection Fifes for KXRM Weather Neighborhood Marketplace stories Craig Coffey - Deals Video Today's Pledge Auto Slideshows Pet of the Week Beauty True View Doppler Events Dining Severe Weather Contests Education KidsCasters You Post It Health Agriculture Facetwok `; Faith Gerb-Stats Twitter Financial Site Index E -mail Alerts i Home Viral Video Travel Site Index Seniors Retail pets Legal hftp://www.fox2lnews.com/news/story.aspx?id=939916 0 Copyright 2007 -2013 Barrington Broadcasting Group, LLC Terms of Use i Privacy Policy 11/19/2013 Change.org • Start a petition • Browse Search �� 1. Log in Submit Query Search smart meters Page 1 of 4 Petition I CVPS• Stop Smart meters and the Smart grid j�Change org www.change.org /petitions /cvps- stop - smart- meters - and - the - smart -grid The Smart meters are being pushed on us by our government, without appropriate testing to ensure our personal privacy and security, as well as the... Petition I Stop Outra eous Smart Meter Bills! I Change org www.change.org/petitions/ stop - outrageous - smart- meter -bills PG &E customers in Bakersfield recently finished their first summer with smart meters, a technological advance that was supposed to save customers... Petition j Fiber Optics over Wireless Smart Meters Please! I Change _ www.change.org /... /fiber- optics- over - wireless - smart - meters - please The wireless Smart Meter technology is highly damaging to the nervous sytem, and physical and mental well -being of humans exposed to the continuous... Petition i STOP NEW YORK STATE WIRELESS/SMART METER www.change.org/.../ stop- new -york- state- wireless - smart - meter - program ?... The US Energy Policy Act of 2005 states that the Smart Meter Program is not a mandate. Smart meters include wireless meters that transmit microwave... Petition I Pickwick (Baltimore. MD): Please do NOT allow the www. change .org /... /pickwick- baltimore -md- please -do- not - allow -the- installation-of- smart- meters- in- pickwick -2 Smart Meters operate with high frequency microwave radiation, these devices along with their infrastructures increase the level of radiation in our... Petition I City of Austin Texas Utility Remove Smart Meters I Chan_�e www.change.org/... /city- of- austin- texas- utility- remove - smart - meters Smart meters use microwave signal to send and recive information on your daily consumption, microwave radiation is harmfull, think of multi family... Stop the unwanted installation of dangerous "smart meters" www.change.org/... /nv- energy - stop - the - unwanted - installation -o €- dangerous- smart - meters Despite public outcry, Nevada electric service provider giant NV Energy is enacting the placement of "smart meters" on all residential homes, and not... http : / /www.change.org/search ?_csrf =v 2ZGQUOQF- wgE7xxalgYjcP &authenticity_toke... 10/27/2013 Change.org Page 2 of 4 Petition 1 Smart Meter IQ Cease and Desist Smart Meters Petition ... www.change.org /... /smart - meter -iq- cease - and - desist - smart - meters - petition- naperville-il Cease and Desist Smart Meter Deployment, City of Naperville, IL We, the undersigned, qualified voters in the City of Naperville in the Counties... Petition I Utility Companies, Legislative Bodies, Public Service ... www.change.org /... /utility- companies - legislative- bodies - public- service- commissions-allow- customers-to- fully- opt- out -of- smart- meters The technology of Smart Meters, including the various kinds of networks they connect with, are not fully tested and have been shown to cause problems... Petition I DANGERS OF SMART METERS: Remove them from ... www.change.org /... /dangers -of- smart- meters - remove - them - from - homes- toronto -on Smart meters may cause adverse effects on health, particularly behavioural problems and immune related issues. This is of concern to the entire public... No results containing all your search terms were found Your search - smart meters - did not match any documents. Suggestions: • Make sure all words are spelled correctly. • Try different keywords. • Try more general keywords. • Try fewer keywords. Next >> « Prev Page 2 • Start a petition - Popular Topics • Animals • Criminal Justice • Economic Justice • Education • Environment Gay Rights Health Human Rights Human Trafficking lmmi 3ra nt Rights Sustainable Food Women's Rights http: / /www.change.orglsearch? csrf --v 2ZGQUOQF- wgE7xxalgYjcP &authenticity toke... 10/27/2013 Change.org Page 2 of 4 Petition We Say NO to wireless Smart Meters in the State of www.change.org/ .. /we-say-no-to-wireless-smart-meters-in-the-state-of- massachusetts WE SAY NO TO WIRELESS/SMART METERS IN THE STATE OF MASSACHUSETTS! Under rights provided by the US Energy Policy Act of 2005, we oppose ... Petition ► San Diego "Smart Meter" Opt Out Change .or-g https://www.change.org/petitions/san-diego-smart-meter-opt-out People all over California have been reporting about severe health problems caused by these new meters. SDG&E began installing them after sending a... Petition I A Call for the Immediate Opt-Out and Ban on Smart Meters ... https://www.change.org/ ... /a-call-for-the-immediate-opt-out-and-ban-on- smart-meters-in-sedona Sign our petition below: WIRELESS "SMART" METERS ARE DANGEROUS RADIATION- EMITTING DEVICES AND A COMPLETE INVASION OF PRIVACY,... No results containing all your search terms were found Your search - smart meters - did not match any documents. Suggestions: • Make sure all words are spelled correctly. • Try different keywords. • Try more general keywords. • Try fewer keywords. Next )> << Prev Page 1 • Start a petition • Popular Topics • Animals • Criminal. Justice • Economic Justice • Education • Environment Q LaA, RijLhts • Health • Human Riahts • Human Trafficking • Immigrant Rights • Sustainable Food • Women's Rights • Victories http://Www.change.orglsearch?_csrf=v _2ZGQUOQF-wqE7xxalgYjcP&authenticit3_toke... 10/27/2013 Change.org Start a petition. Browse Search I. Login Submit Query Search smart meters Page 1 of 4 Petition I We Sav NO to V6reless Smart Meters in the State of Virginia! www.change.org /... /we- say- no -to- wireless - smart- meters -in- the - state -of- virginia We Say NO to Wireless Smart Meters in the State of Virginia! We oppose the mandatory installation of wireless smart meters in Virginia and claim the... Petition I We Say NO to Wireless Smart Meters in the State of https: / /www.change.org/... /we- say- no -to- wireless- smart - meters -in- the - state -of - maryland We Say NO to Wireless Smart Meters in the State of Maryland! We oppose the mandatory installation of wireless smart meters in Maryland and claim... Petition i Smart Meters - Stoo The Forced Mandate in Michigan https: / /www.change.org/... /smart- meters - stop - the - forced - mandate -in- michigan The deployment of Smart Meters, especially those with RF 2way communication capability, throughout our neighborhoods, cities, states and country will... Petition I Halt Massachusetts Smart Meter Program j Change org www. change. org /petitions/halt- massachusetts- smart- meter - program The US Energy Policy Act of 2005 states that the Smart Meter Program is not a mandate. Smart meters include wireless meters that transmit microwave... Petition 1 Stop Funding Harmful Smart Meter Electrosmo ; I Change org www. change. org /... / stop - funding - harmful- smart - meter- electrosmog With President Obama!s full approval, the federal government is spending $3.4 billion on the development of hazardous, pulsed radiation technologies... Seattle City Council: Ban the use and installation of smart meters www.change.org/... /seattle- city - council -ban- the - use - and - installation -of -smart - meters We oppose the mandatory installation of wireless smart meters in Seattle, and claim the right to keep using our analog utility meters, at no cost to... Petition 1 P.G &E.. Governor berry Brown C P U C President Obama www.change.org /... /p -g -e- governor ferry- brown- c- p -u -c- president- obama- ban-all- smartmeters- from - the - state- of -ca- and - the - entire -u -s -a The carcinogenic emissions from SmartMeters are making once healthy, functioning Americans, sick, mentally unstable, unable to live in their homes and.. . http: / /www.change.orglsearch? csrf =v 2ZGQUOQF- wgE7xxalgYjcP &authenticity_toke... 10/27/2013 Petition to Attorney General of Massachusetts regarding Smart Meter Program "Opt Out" Rights I S... Page 1 of 28 Sandaura's Biog The Hum Heard Around the World is Explained and We are All Being Lied To Petition to Attorney General of Massachusetts regarding Smart Meter Program "Opt Out" Rights Enforce The Energy Policy Act of 2005 allowing hardwired meters if requested. USE THIS TEMPLATE IN YOUR STATE) Massachusetts residents go to this link to sign the petition: It is easy and quick, type name and address and click sign. http: / /www.change.org /petitions /martha- coakley- enforce - the - energy- act -of- 2005 - allowing - hardwired- meters-if- requested (http:Hwww.chan e. org( petitions /martha- coaklgy- enforce- the - energy - act- of -2005- allowing- hardwired- meters -if- requested) Greetings, I just signed the following petition addressed to: The Massachusetts Attorney General's Office and the Commissioner of the Department of Public Utilities. Enforce The Energy Act of 2005 allowing hardwired meters if requested. The Energy Act of 2005 states that the Smart Meter Program is not a mandate. Smart meters include any all wireless meters that transmit microwave radiation. Citizens have a right to Opt out of the Smart Meter Program. Our rights have been violated. The State and Utilities have installed these meters without the legal consent of the residents of Massachusetts. They have ignored demands from residents to remove the meters. Many residents would rather have meters hardwired to the land lines, a much safer and environmentally friendly alternative. Citizens across the country are experiencing negative health issues as a result of the meters' microwave radiation. Symptoms range from insomnia, headaches, nervous tension, heart palpitations, skin conditions to name a few. Also Considering the security breach this technology presents, interference it can cause to people with medical implants, along with false claims of energy savings; this technology adds no benefit to the consumer. Because of these problems, there is mass opposition and support for alternatives. Never in the history of mankind have all living things been exposed to microwave radiation levels pulsing 24 hours a day non stop and with no way to escape the biological interference. http: / /sandaura.wordpress.com /petition -to- attorney - general- of- massachusetts- regarding - smart- meter... 10/27/2013 Petition to Attorney General of Massachusetts regarding Smart Meter Program "Opt Out" Rights I S... Page 2 of 28 -Our Duman Rights are being violated. We have a right to the peace and protection of our well -being in our own home and the advocacy of the State to ensure this is enforced on our behalf. Citizens of Massachusetts must not allow this untested, unsafe technology into our communities. Please sign and distribute this petition to friends, family and coworkers. Sincerely, [Your name] Steps to Remove a Wireless or Smart Meter: 1. Locate your utility company's Terms and Conditions of Distribution Service. The MDPU has copies. You can go to The Energy and Environmental Affairs site at ham: / /www.Mass.gov /eea LhLW://www.Mass.gov/eea) and do a search or you can locate these documents by googling the key words: Service documents, Terms and Conditions of Service, Customer Rights, etc... For National Grid it was found by googling Terms and Conditions of Service, and was found on the National Grid website under Service documents, after googling National Grid. 2. Once you have the document, read it carefully to locate your rights about removing or requesting a new meter. i.e., National Grid allows customers to request a change in meter when customers request such changes in writing. National Grid's Terms of Service state the company will replace the meter within 30 days of such request. 3. Whether or not your company has such a clause allowing you to make a request in writing, send a written request to your utility company, with your account number and address, asking them to replace your wireless meter with an analog meter that has no radio frequency transmitters, no chips, and no wireless capacity. Keep a copy for your records. 4. Send a demand letter to your company regarding your wish to have the right to opt out of the smart meter program as per the US Energy and Policy Act of 2005, as per the demand letter format provided by Jerry Day at www.freedomtaker.com. (hW2: / /www.freedomtaker.com,. In this letter, make a demand that your utility company remove the current wireless meter and replace it with a meter that has no radio frequency transmitters, no chips, and no wireless capacity. Notarize the letter, keep the original and send a copy to the Utility and a copy to your PUC. 5. If/When the company sends you a letter saying that they will either not replace the meter or that you will have to wait until they can accommodate you, send another letter requesting that the meter be replaced within 30 days or you will replace the meter yourself with an analog meter that you can purchase on your own from Jerry Day C www.freedomtaker.com (b=://www.freedomtaker.cgm) 6. Whether or not the company responds, when 30 days have passed, call the company to let them know you are ready to replace the meter, and that you have an analog meter in your possession and you wish one of their technicians to come out to install it. They will probably tell you that you cannot do that, but tell them on the phone that you will give the company 1 week from the date you called to come out and do the exchange. Keep a log of the phone call and who you spoke with at the company. 7. Whether or not the company responds, send a complaint to the Department of Public Utilities on The Energy and Environmental Affairs site @ htW://www.Mass.gQv/eea ovg /eea) and do a search for online complaint form. In your complaint, be sure to outline aal of the steps you have taken to have the meter replaced, and the letters you have sent, phone calls you have made, give dates and http: / /sandaura .wordpress.com/petition -to- attorney - general- of- massachusetts- regarding - smart- meter... 10/27/2013 Petition to Attorney General of Massachusetts regarding Smart Meter Program "Opt Out" Rights I S... Page 3 of 28 • names of people you spoke to. Inform DPU that you will replace the meter yourself unless the utility company makes a plan to do so within the next week. Let DPU know that the meter you have purchased has been tested by the manufacturer and has been deemed to be safe and appropriate (this will be true) and you feel the company has failed to respond to your requests in the past, which you believe is a violation of your customer rights. Let DPU know you believe the company has violated your rights as per Chapter 93A, fraud and deception. Try to cite as many references from your company's Terms and Conditions of Service that apply in your case, where the company did not abide by its terms of service or denied your requests, including failure to respond, or denying prompt service. Ask DPU to forward this complaint to the utility company, and email the content of the complaint to your utility company. You can do this by cutting and pasting it into an email. S. In most cases, the DPU will not authorize electric companies to terminate service unless a customer has failed to pay a bill. So continue to pay your bills on time. If the company threatens to terminate service, remind the company that you have paid your bills and that they will have no reasonable basis to terminate service should you change the meter yourself. Give them permission to come to test the meter themselves, but let them know the manufacturer has already deemed it to be safe and appropriate. Let them know you would prefer the company to change the meter but that you will do what you need to do to remove the meter yourself if the company refuses to comply with your request. Ask the company to inform you of your rights to a hearing in such cases. Tell them you will expect to receive this information immediately. 9. Send all copies of your correspondence with the utility companies to the DPU, via complaint forms online or by mail. Let your company know you are doing so. 10. If still no response from the utility company, be prepared to replace the meter yourself. It is VERY EASY TO DO. See Jerry Day @ www.freedomtaker.com (htW: / /www.freedomtaker.com) OR 11. Contact the Department of Public Utilities and request a hearing. This is a website that has a tool for tracking symptoms after a smart meter is installed: t w .'u v i. i f 1 fil r v -' fil r -IT° 0 1 °o Tr ° m r° 2 M rs. f h w.' r v i. it 1 fil r its r -IT °o H °o 20Tracking %2OSmart %2OMeter c f SMART METER ACTIVISTS BY STATE Alabama Nancy Swan htW•11 toxicjusticP com. (hW2://www.toxic-iustice.cQm-4 Alaska Arizona Elizabeth Kelley, Director, Electromagnetic Safety Alliance www.electromagneticsafety.org info [AT] electromagneticsafety [DOT] org ( lhtp:// www% 2Eelectromagmticsafety %o2Eorginfo@electroma e ' aft org/1Tucson, Tucson Electric Power Warren Woodward, w6345789 [at] yahoo [dot] com Sedona Arkansas www.stoj2oge.info f - n http: / /sandaura .wordpress.com/petition -to- attorney- general -of- massachusetts- regarding -smart- meter... 10/27/2013 RESOLUTION 2013-180 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $674,024.40 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 19th day ofNovember, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2013-180 Page 1 LIST OF BILLS 1000 Bulbs.com Light bulbs 43.21 Ace Hardware Supplies 858.62 Action Rental Inc. Mixing trailer and concrete 368.72 American Pump Company Used suction lines and supplies 885.87 Ancom Communication Inc. Minitor V chasrger and battery 213.75 Aramark Uniform Services Inc Mats & Uniforms 1,619.70 Arndt Ann Christina Refund of parking ramp fee 3.00 Arrow Hockey and Sport Blades 283.47 Aspen Mills Uniforms 790.00 AutoNation Auto parts 465.18 B&B Products Rigs and Squads Remove emerg equipmnt from totaled vehicle 300.00 Bells Trucking Inc. Install conduit 400 bl E Myrtle 400.00 Big Toys Inc. Slide Replacement at Pioneer Park 976.84 Board of Water Commissioner WAC Charges 4,554 .00 Brines Market Dinners for election judges 443.97 Campion Barrow & Associates Fire services 780.00 Carquest Auto Parts Auto parts 177.62 Century Link Phone 61.89 Century Power Equipment Nut m8 flange 10.77 Clafton Skate Professional blades 142.00 Clareys Safety Equipment Mounting bracket & ext inspection 96.00 Cole Papers Janitorial supplies 461.07 Comcast Internet & voice 323.65 Commercial Asphalt Co. Asphalt 856.79 CoStar Realty Information Inc Property professional 316.00 Cub Foods Donuts for election judges 65.26 Dierberger Bill Refund of utility penalty 25.00 Display Sales Co. Candle wreath & light bulbs 2,472.02 Doneax Brenda Refund of parking ramp fee 5.00 ECM Publishers Publications 59.50 Egger A lison Reimburse for mileage for GFOA class 45.43 Ess Brothers & Sons Inc. Flex seal 3,874.22 Fastenal Company Supplies 906.93 Fire Safety U.S.A. Bracket hardware for leather front 170.00 First State Tire Recyling Shop tires 117.40 FleetPride Hose 122.73 Folz Freeman Erickson Inc. Professional service 682.50 Forms and Systems of Minnesota Police citations 1,187.38 Frontier Ag & Turf Clip chain link knife 812.41 Fury Motors Vehicle repairs 2,430.48 General Parts LLC Motor replacement kit 333.79 Gertens Wholesale Picea Glauca Black Spruce 3,167.56 Gopher State One Call Inc. Tickets 461.70 Guild Art Dasher 130.39 H & L Mesabi Plow 3,859.05 H&H Buying & Selling Inc Motor starter 1,775.00 Hade Sean Reimburse for iPad 600.00 EX HI BIT "A " TO RESO LUTIO N #2 0 13-180 Page 2 Hardrives Inc. Downtown parking lot improvements 189,285.88 Harris Services LLC Repair air units in locker rooms 1,613.49 Harrison Sharon Re i mburse for iA notae for iPad 10.70 Heikes Tree Service Tree removal & trimming 5,225.00 Heritage Printing Inc. Utility billing statement forms 702.60 Holiday Credit Office Fuel 22 .47 Ice Skating Institute Skater memberships 3,077.00 Indue Sales Leve l floor in resurfacing room 1,995.96 International Code Counci l 2012 Permit tech study and establish b ldg permit 72.94 J.H . Larson Company Supplies & parts 1,196.38 Jimmys Johnnys Inc. Toilet rental 238.06 John Deere Landscapes Lowe ll Park Imp 31.80 Johnson Jeff Reimburse for iPad 589.17 Kocon Michael Reimburse for iPad 599.00 KorTerra Inc. KorWeb service fee 800.00 Lake Elmo Oil inc Fuel 19.47 Unner Electric Co. Changed motor starter 304.00 Loffler Companies Inc. Copier lease 2,376.21 Logan Nancy Refund of parking ramp fee 11.00 M.J. Ra lei gh Truck Co. Hauling materials 1,210.46 MacQueen Equipment Inc. Actuator 932.13 Madden Galanter Hansen LLP Labor relations services 796.68 Marshall Electric Company Replace photo eye and GFI breaker 305.64 Menards Supplies 1,125.56 Metropolitan Council Wastewater Charge and SAC charge 133,178.24 MN Dept ofTransportation Material testing 1,762.51 M N Po ll ution Control Agency Renewal fee 46.00 Modern Heating Exhaust fan check 390.00 MWOA Two years MWOA dues -Chaves and Adams 50.00 NAPA Auto Parts Auto parts 786.19 Nardini Fire Equipment Annual inspection 132.55 North Ame rican Safety Green locator f lag & Jackets 656.28 North American Salt Co. Sa it 14,373.45 Office Depot Office supplies 824.07 O'Reilly Auto Parts Supplies 20.36 Pioneer Manufacturing Co. Gameline aerosol 664.00 Primary Products Co. Nitrile gloves 183.35 Professiona l Wire less Comm Repair service 1,803.62 Riedel! Shoes Inc. Skates 931.78 Rose City Sign Company Repair 2,406.29 Sentry Systems Inc. Alarm Monitoring 548 .00 ServiceMaster Clean Commercial carpet cleaning 596.15 Sivigny Donald J Plan reveiw 1,405.19 Snap On Too ls 120-600-F t Lb 892.14 Springbrook Software Inc. 3rd payment 25% Training migration 8,625.00 Sprint PCS Cell phone 120.86 St. Croix Boat and Packet Co. Arena billing and ramp cleaning 30,318.53 Stillwater and Oak Park Heights CVB 3rd qtr Lodging Tax 59,422.50 Stillwater Motor Company Auto parts & repair 1,287.84 EXHIBIT "A" TO RESOLUTION #2013-180 Page 3 Stillwater Towing Towing 577.51 StopTech Ltd. Stop stick rack kit red 430.00 Streichers Ammo 8 ,681 .01 STW Construction Services LLC Repair shingles and roof 451.42 SW/WC Service Cooperatives Retiree Health Insu ra nce & COBRA 59,975.19 T.A. Schifsky and Sons Asphalt 6,093.8 2 Tessman Seed Co. St. Paul Ice melt 472.92 Thomson Reuters Information charges 102.96 Toll Gas and Welding Supply Cylinder 42.04 Trans Union LLC Info cha rges 20.00 Truck Utilities Inc. Plow marker 70.54 Tyco/Simplex Grinnell LP Parking structure 511.81 United Refrigeration Inc Parts and supplies 1,151.45 Verizon Wireless Police air cards 468.62 Wa shington Co unty Recorder Recording 162 .00 Washington Cou nty Road & Bridge Traffic services 78.57 Welty Elizabeth Reimburs e for iPad 600.00 Wingfoot Commercial Tire Tires 1,439.77 Winnick Supply Pipe & supplies 475.40 Yocum Oil Company Fue l 12,284.74 Zayo Enterprise Networks Telephone 538.81 UBRARY Allen Sheila Staff reimbursement 84.75 Baker and Taylor library materials 1,037.04 Bertalmio Lynne Staff rei mbursement 94.92 Brodart Co Library materials 3,579.28 Com cast Telecommunication s 56.90 Cu ll igan of Stillwater Water 8.80 Cummins NP ower LLC Building repair 381.00 Gale Group Materials 3,585.00 Gaylord Bros. Precessing supplies 85.33 Linner Electric Co. Building repair 132.50 Menards Jani t orial supplies 12.29 Mid-Ame rica Business Systems Maintenance contract 745.00 Midwest Tape Materials 247.04 Petrie Angela Staff reimbursement 185.92 Quill Corporation Supplies 101.94 Recorded Books LLC Books on CO 48.41 Security Response Serv1ces Inc Maintenance contract 155.67 Stillwater Public library Foundation Reimbursement 300.00 Stillwater Gazette Newspaper subscription 2 yrs 148.00 Washington County Library Ebooks 467.45 Xcel Energy Energy 3,761.01 EXHIBIT "A " TO RESOLUTION #2013 -180 CREDIT CARDS library Amazon .com Cub Foods Grandstay St. Cloud lake Superior Trading Co Party City Target USPS Tom Ballas Brines Market Ken Harycki Sti ll water Parking larry Hansen National Civic league Stuart Glaser Michaels Stores US Food Culinary Lanier Parking Double Tree OCTOBER MANUALS Postmaster Erenberg Sarah Walmart ADDENDUM Com cast Cla rk Dan Magnuson law Firm MHSRC/Range Staples Xcel Adopted by the City Council this 19th Day of November, 2013 lib rary materials Meeting expenses Hotel Room Materials Miscellaneous Miscellaneous Postage Fire prevention dinner Parking Guide for Charter Commissions Supplies Popcorn bags & popcorn Parking Hotel rooms Utility Billing Reimburse for certification postage Supplies Internet Custodian Professiona l Service EVOC Law Enforcement Class Office supplies Electricity , Gas 61.69 46.40 114.52 26.91 24.06 28.87 5.96 126.12 5.00 162.35 12.74 95.07 32.50 547.96 2,662.95 297 .90 324.66 211.40 1,586.25 15,43 6.63 1,980.00 202.49 27,482.77 TOTAL 674,024.40 Page 4 Memo To: From: Date: Re: Mayor Harycki and Council ~ k~..r Stuart W . Glaser, Fire Chief-:>"'- November 19, 2013 Rescinding Resolution 2000-156 Background Stillwater Fire Department Council approved a resolution requiring minimum response requirements for volunteer paid~n-call fire personnel over thirteen years ago. This resolution was placed into effect prior to the formal adoption of the City's personnel manual and was a method to manage personnel attendance requirements. Numerous personnel and operational changes have occurred over the last thirteen years that make this resolution outdated and conflicts with the current City Personnel Policy. Summary The adopted City Personnel Policy • Labor Agreements , and Fire Department Operational Procedures allow for the Fire Chief to staff personnel for the most efficient and effective operation of the Department The need for a single specific resolution applied only to the employees of the Fire Department is no longer valid . Council Action Rescind thirteen year old out of date resolution . Attachment Resolution 2000-156 RESOLUTION NO. 2000-156 ADOPTING AMENDED FIRE DEPARTMENT EMERGENCY RESPONSE POLICY WHEREAS, it is necessary to amend the Stillwater Fire Department Emergency Response Policy by defining the minimum requirements for response to emergency incidents for all part-time personnel; NOW THEREFORE BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the amended Stillwater Fire Department Policy related to emergency call attendance for part-time personnel is hereby adopted. Adopted by Council this ~ day of June, 2000. AITEST: ~ t:1. t0LJAd City Clerk Sub jed: Scope: Purpose: Policy: Stillwater Fire Department Policy Emergency Response Requirements Emergency call attendance for part-time personnel To amend and define the minimum requirements for response to emergency incidents for all part-time personnel. Part-time personnel are assigned to all emergency incidents on or north of Highway 96, and all emergency incidents on or west of County Road 15. Part-time personnel are assigned to all emergency incidents except medical calls that are both south of Highway 96 and east of County Road 15. Part-time personnel are also assigned to aJI second tones. Second tones for calls s hall be requested of dispatch at the discretion and good judgement of the fire officer in charge. The fire officer in charge shall request a second tone when the on-duty crew will be unavailable for other emergency calls for an extended time, such as when performing C.P.R. Each part-time frre fighter, regardless of rank, must respond to a minimum of twenty percent (20%) of all assigned emergency incidents during each quarter of the calendar year (i.e., January through March, April through June, July through September, and October through December). Persons not meeting the minimum requirement during a quarter shall receive a written notification of s uch violation of this policy. Persons not meeting the requirement during two quarters of any consecutive four-quarter period s hall receive a written reprimand. Persons not meeting the requirement during three quarters of any consecutive eight- quarter period shall receive a thirty (30) day suspension from duty. Persons not meeting the requirement during four quarters of any consecutive eight- quarter period shall be subject to dismissal by the City Council. The Fire Chief, with the concurrence of the City Coordinator, shall have authority to exercise judgement in the application of this policy for unusual or extenuating circumstances such as injury, illness, authorized leave of absence, etc. Amended and adopted by City Council June 6, 2000. Resolution number .--=2::...!0~0~0~--'1~5~6~-------- RESOLUTION 2013-188 RESOLUTION RESCINDING RESOLUTION NO. 2000-156 RESOLUTION ADOPTING AMENDED FIRE DEPARTMENT EMERGENCY RESPONSE POLICY WHEREAS, the City of Stillwater adopted Resolution No. 2000-156, adopting an amended Fire Department Emergency Response Policy, at their regular meeting on June 6, 2000; and WHEREAS, this resolution was placed into effect prior to the formal adoption of the City's personnel manual and was a method to manage pers01mel attendance requirements; and WHEREAS, numerous personnel and operational changes have occurred over the last thirteen years that make this resolution outdated and conflicts with the current City Personnel Policy. NOW THEREFORE, BE IT RESOLVED, by the Stillwater City Council that Resolution 2000-156 is hereby rescinded. Adopted by Lhe Stillwater City Council this 19th day of N ovember , 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North November 19, 2013 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of minutes of October 29, 2013 regular and recessed meeting minutes and November 7, 2013 special meeting minutes V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator – Sidewalk and Snow Removal Enforcement VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2013-180, directing payment of bills 11. Resolution 2013-181, approving list for professional historian services (demolition requests) 12. Possible approval of temporary liquor license – Valley Chamber Chorale, Katherine Fristad applicant, December 13-15, 2013 13. Resolution 2013-182, reappointments to Library Board 14. Resolution 2013-183, resolution approving modification to impact fees for Browns Creek Preserve 15. Resolution 2013-184, approving release of drainage and utility easement quit claim deed, Greeley Street and Highway 36 area 16. Possible approval of utility bill adjustments 17. Resolution 2013-185, accepting proposal and awarding contract for uniform and mat cleaning services 18. Resolution 2013-186, approving easement and agreement with Mark S. & Catherine N. Balay 19. Resolution 2013-187, approving renewals of on-sale, off-sale, club,wine, wine with strong beer, Sunday on-sale, on-sale 3.2%, off-sale 3.2%, micro brewer offsale, micro brewer tap room liquor licenses and tobacco licenses for 2014 IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. No public hearings. X. UNFINISHED BUSINESS 20. Possible approval of TIF Agreement for Stillwater Caves, LLC (Resolution – Roll Call) 21. Possible approval of Ordinance 1062 an ordinance establishing a Water Management Tax District (1st Reading - Ordinance – Roll Call) XI. NEW BUSINESS 22. Possible adoption of resolution rescinding moratorium on new events (Resolution – Roll Call 23. Request from Tom Wortman to fund the Downtown Façade Program 24. Possible approval of preparation of feasibility report for 2014 Street Improvements (Resolution – Roll Call) 25. Possible approval of street project construction with Oak Park Heights. XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT CITY COUNCIL MEETING MINUTES October 29, 2013 Changed from November 5th due to School District Election REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, and Mayor Harycki Stillwater Township Supervisors Brandt, Countryman, Hiniker, Johnson, and Untiedt Absent: Councilmember Polehna Staff present: City Administrator Hansen Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward Library Director Bertalmio Library Staff Conley Visitors: Washington County Administrator O’Rourke Library Board Members Bell, Keliher, Library Board President Corbett Washington County Commissioner Kriesel St. Cate’s Student Bailey OTHER BUSINESS Discussion with Stillwater Township Supervisor Johnson indicated that there has been some confusion on action that was taken regarding a potential extension of the Orderly Annexation Agreement. The intent was to have a dialogue about determining any needed adjustments in the Orderly Annexation Agreement and whether or not it should be extended, rather than to simply extend or abandon the Agreement. He feels the document has served the boards well, fostering a good relationship between the Township and the City, and promoting ongoing dialogue in areas such as the St. Croix Valley Rec Center, providing the Township the opportunity to be a participant in some of the services and activities provided by the City. He asked that the two bodies continue discussion about whether to continue the framework established in the Agreement. Councilmember Menikheim noted that he does not see how it benefits the City to push the 2015 sunset date further into the future due to all the changes that have taken place in the City since the original Agreement, although he values the relationship between the Township and the City. City Council Meeting October 29, 2013 Page 2 of 11 Councilmember Weidner acknowledged that his previous motion at an earlier meeting was to rescind the five year extension adopted by the Council last year. His motion passed on the Consent Agenda. He understands that the Council was to go back to the Joint Board to discuss remaining issues. Mayor Harycki pointed out that he values the opportunity to discuss common border issues with the Township. It will be up to the Council to decide whether to turn its back on the Agreement or to acknowledge there will be issues coming forth with the common borders. Township Supervisor Linda Countryman stated she feels it is more important than ever to be collaborating. She cautioned to not be hasty in determining how both boards should go forward. Township Supervisor Untiedt noted she would like to see the Joint Board continue to function in order to work through issues such as the Township having land that the City might want. She would like to discuss the Agreement and if no extension seems warranted, to discuss how the remaining properties should logically come into the City. Supervisor Johnson commented that for the majority of the property remaining in the Township, there is not much motivation for those individual property owners to request annexation. An example of one of the features of the Agreement that may need to be discussed and adjusted is connection charges. Councilmember Weidner clarified that his motion was not to take issues off the Joint Board’s agenda; it was to not extend the Orderly Annexation Agreement. He understands that it will take a 4/5th vote by both the Township Board and the Council to modify the Agreement. He believes he made it clear that his intent was to rescind the five year extension and to continue to discuss the possibility of extending it and modifying it to be fair to the process. Mayor Harycki remarked that to make the continued discussion productive, the Council should continue discussion about what the City wants to do with the remaining land. He suggested having a workshop at the November 19 meeting, then bringing the issue to the Joint Board perhaps in early December. Councilmember Menikheim stated he supports continuing the conversation. Township Supervisor Johnson indicated there could be justification for continuing to have a forum to meet without having to get the full Board or the full Council together to discuss issues. Councilmember Weidner noted he understands after reading the Agreement that the Joint Board will continue to exist for five years after the expiration of the Agreement. Discussion with Library Board Library Director Bertalmio introduced the members of Library Board in attendance. Library Board Chair Corbett referred to the August budget meeting where the Council discussed the subject of possibly having the County Library provide services for the City Library. City Administrator Hansen pointed out that discussion also considered the possibility of having the County run the Library for the City. He added that County representatives are willing to have that discussion, but not lead the discussion to avoid anyone thinking that the County is leading a charge to take over the City Library. Councilmember Weidner indicated he had asked whether the City had considered contracting with the County for library operation. He believes the answer provided to his question indicated City Council Meeting October 29, 2013 Page 3 of 11 this was not a possibility, but a 1984 opinion from City Attorney Magnuson stated that the Library had the ability to shift operations to the County. He feels the Stillwater Library serves a regional need and he wonders how closely the City communicates with the County about this. Mayor Harycki referred to minutes from the budget meeting stating that Councilmember Weidner asked if the Board has considered contracting services with Washington County and asked for further cost comparison information about County operation of the Library. Councilmember Weidner asked if the intent is to continue a discussion of the Library about its operation or to provide the numbers that were requested at the budget meeting. Mr. Corbett responded that the patrons of the Stillwater Library are generally residents of the City for whom it is the closest library. However, residents from farther away may check out books under a reciprocal relationship. Library Director Bertalmio agreed that the Library’s primary service area is Stillwater. Reciprocal borrowing and exchange of services is one of the things Minnesota libraries are noted for. Councilmember Weidner acknowledged that the Library serves a regional purpose and for that, receives some support from Washington County. He wondered whether or not the City should look at requesting increased support from Washington County. Mr. Corbett responded that Stillwater residents pay more for their library services than people in the County do - that is basic math, and does not necessarily mean that there are inefficiencies built into the City Library system, and that the Board tries to get the most for its dollar. Library Director Bertalmio pointed out that the subject of merging has come up a number of times since 1984, but the concept Councilmember Weidner brought up that was new was the concept of a management contract like the Washington County Library had with Forest Lake, from 1994 to 1999, before the Forest Lake Library merged with Washington County in 2000. The contract seemed to be muddy in terms of responsibilities, and financially not much of an advantage. Under such a contract, the City would still be liable for maintenance of effort and the Library Board would remain. Councilmember Weidner asked if there were a lower operational cost, could more services be provided, and Mr. Corbett responded that he does not think it is a given that the County could provide the services for less than what the City is paying, primarily because the County has a Union Agreement just like the City does and employee costs are very similar - the Board has looked at that. Mayor Harycki stated he has no interest in putting the Library services out for bid. He feels the existing structure works well, but if other Council members want to put it out to bid, the Council can take a vote on it. Mr. Corbett commented that Minnesota Statutes provide library boards a lot of independence. The members are appointed by the Council and the Council sets the budget, but there is a lot of discretion at the board level. So if the Council requests that the Board go out and bid for operation of the Library, he would have to take that back to the Library Board for a vote. Library Director Bertalmio added that if the management of the Library is going out to bid, the only other library that could possible bid for its operation would be Washington County Library, because of the regional public library system in the State of Minnesota. City Council Meeting October 29, 2013 Page 4 of 11 Mr. Keliher acknowledged that the question is probably focused on whether the Library is getting a good value for the money. He noted that public libraries usually get about 6% of their funding from sources other than the municipality - the Stillwater Public Library receives 13% of its funding from other sources, so it is doing quite a bit better than the average. Councilmember Menikheim, liaison to the Library Board, stated he sees no reason to put anything out for bid because they seem to be doing as well as they can. This is all about budget and the question is efficiency and effectiveness. He challenged the Library Board to come back and ask for as little as they need because they are able to find it elsewhere, as they figure out how to increase revenue streams. Councilmember Weidner noted he agrees with Councilmember Menikheim and feels one of those revenue streams is serving a regional need. He is grateful that the Council can talk about efficient operation and keep open dialogue with the Library Board. Mr. Corbett reiterated that in Stillwater 13.5% of the Library’s expenditures come from non- public funds; the state average in 2010 was 9.4%, so we are already doing a very good job. There are opportunities to improve on that. He added that the Library is a free service just like Police, Fire and Parks, and asked if the Council is asking those other groups to somehow generate 13.5% of their expenditures from non-public funds. He continued that this is about taking something that is very good and making it better, not about fixing something. Councilmember Kozlowski inquired about what would be the negative of outsourcing the management of the Library to the County, and Mr. Corbett replied that it is not clear if it would save money or not. It would mean the Library Board would have to provide a statement of work. Councilmember Menikheim commented that the Library Board has a lot of things that are more important to do, like work on a strategic plan. Mayor Harycki agreed with Councilmember Menikheim. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to not direct the Library Board to put together a proposal for a bid for management services. Councilmember Weidner pointed out that his original question was not asking to direct anyone to go out for a bid. It was about looking for a more efficient way to provide the services. His question was not a personal challenge, it was a question about efficiency. Councilmember Menikheim rescinded his second to the motion. Mayor Harycki rescinded his motion. STAFF REPORTS Fire Chief Glaser updated the Council that the East Metro Regional Training Facility is under construction at 120 and Highway 5. The facility is proposed to be on the next bon ding bill at the State Legislature. Mayor Harycki suggested revising a previous letter of support and sending it to the State Legislators. Public Works Director Sanders reported that the Corps of Engineers should be done with their work downtown by the end of the week. The goal is to have parking lots done by the end of November. City Council Meeting October 29, 2013 Page 5 of 11 ADJOURNMENT Mayor Harycki recessed the meeting at 5:38 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:07 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna (via teleconference), and Mayor Harycki Absent: None Staff present: City Administrator Hansen Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Assistant City Attorney Butts Community Resource Officer Julien City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of October 17, 2013 regular meeting minutes Motion by Councilmember Kozlowski, seconded by Councilmember Weidner, to approve the October 17, 2013 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation - Pancreatic Cancer Awareness Month Mayor Harycki read the Proclamation designating November as Pancreatic Cancer Awareness Month. Summer Festival Presentation - The Locals Cassie McLemore introduced the members of The Locals - Erin McQuay, Paul Krueger, Shawn Smalley, and Brad Glynn. She reviewed the non-profit group’s experience with numerous other local events, including Summer Tuesdays and Stillwater Harvest Fest. They would like to incorporate a soapbox derby, lumberjack demonstrations, a Miss Stillwater Pageant, dragon boat races, waterski show, and live musical acts. The two most important things they would like to keep as part of the festival are the Sunday parade and Sunday fireworks. Erin McQuay reviewed the historical highlights of the festival that would convey the historical charm of Stillwater, including the historic baseball game, a historic boat tour, and tethered hot air balloon rides. The group has met with Brent Peterson of the Washington County Historical Society. City Council Meeting October 29, 2013 Page 6 of 11 Brad Glynn spoke about ways the group plans to engage the community. They will communicate with residents and businesses in a respectful way. Event participation by the businesses would include Bingo, a pancake breakfast and utilizing volunteers from non-profits. The group would rely heavily on sponsorships and has already received many pledges of sponsorship from local businesses. Ms. McQuay reviewed the marketing plan, which includes three target markets. Councilmember Weidner asked why the group planned a four-day festival when the proposal was for three days, and Mr. Glynn replied that they thought of the additional day as more of a local day, but they could scale back to three days if necessary. Kim Brown of KLB Insurance confirmed she would handle the insurance, listing the City on all certificates of insurance and coordinating with the City Administrator. Councilmember Kozlowski inquired why the group chose to be a non-profit rather than a for- profit, and Mr. Glynn responded they wanted their books to be open and be transparent to sponsors and participants. Councilmember Menikheim asked how fire, police and EMT coverage will be funded, and Ms. McLemore replied that those items are in the proposed budget through sponsorships and grants. They also have engaged SSI, a professional security organization, to be a third-party consultant to develop a public safety plan. They expect to attract around 20,000 people over the four days. Councilmember Menikheim asked about plans to cover costs if attendance is significantly hindered by weather. Ms. Brown stated the insurance would cover these costs and must be paid for 14 days before the event. Mayor Harycki asked how to ensure that financial backing can sustain a loss regardless of potential insurance loopholes. Councilmember Menikheim stated he can see how dedicated the group is, but he would like to discuss how the group, coming together for the first time, would handle potential risks. Councilmember Kozlowski stated the previous Lumberjack Days did not fail due to lack of experience. He felt that the issue is that Council needs to decide what festival they want as each of the proposals are different. Councilmember Weidner asked what was The Locals name for the festival. Ms. McQuay responded that the name of the event would be Log Jam. Councilmember Weidner asked if the City Event Coordinator would be privy to the process or part of the decision making. He also asked who would be in charge on the day of the event and what would The Locals expect from the City. Mr. Glynn stated that there would be various people in charge of events but that the main contract would probably be Ms. McLemore. Ms. McLemore replied if the Council would like that person to be an involved part of the planning process, they will be. Ms. McLemore stated $20,000 that was stated in the RFP and Mr. Glynn added possible closures of streets for the parade and soap box derby. Al Januszewski CEO of Sustain Momentum, stated the group has called him in as a financial advisor. He feels the group has the foresight to engage professionals to help make the event City Council Meeting October 29, 2013 Page 7 of 11 happen. Even though they do not have the experience right now, they have engaged people who have the needed experience. Councilmember Polehna stated his concern is how the group will ensure sustainability of the event in the future. Mayor Harycki asked what if a non-insurable event happens and commitments have already been made to bands. Two days before the event is not adequate to start cutting events to reduce expenses, and Ms. McQuay responded in year two and beyond, festival and arts grants that they apply for would help significantly regardless of attendance. Councilmember Kozlowski would like to hear from the community and mull it over before making a decision. Councilmember Menikheim stated he is ready to make a decision. Councilmember Weidner stated he would like to hear what staff has to say about the proposals or if they identified any particular problems with any of the proposals. However, he would not like to delay a decision. City Administrator Hansen stated he has a preference, but The Locals just gave a tremendous presentation, so he would like to give it a little more thought. Mayor Harycki stated he was impressed with The Locals’ presentation. Councilmember Weidner asked would a three week delay hinder or change the proposals at all, and representatives from Mid-America Festivals, Filo and The Locals replied they could accept a three week delay. City Clerk Ward agreed to schedule a Council workshop for Thursday, November 7 to discuss the festival and will post this on the City web site. OPEN FORUM Brent Peterson, Executive Director of the Washington County Historical Society, informed the Council of the 170th anniversary of Stillwater. On October 26, 1843, four gentlemen signed a document that formed the Stillwater Lumber Company, named for the surrounding community. CONSENT AGENDA Resolution 2013-174, directing payment of bills Resolution 2013-175, approval of the issuance of a new Wine with Strong Beer liquor license for The Wedge & Wheel, LLC Resolution 2013-176, approving health and dental insurance premiums and city contribution effective January 1, 2014 Possible approval to purchase bathroom stalls - Recreation Center Resolution 2013-177, approving doing business as (dba) name change from River Oasis Café to Oasis Café Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None City Council Meeting October 29, 2013 Page 8 of 11 PUBLIC HEARINGS A public hearing to consider an appeal of the designation of problem property at 104 Sherburne Street N., Mark Meister, owner. Assistant City Attorney Butts explained that on September 5, 2013, an application for a problem property designation of the residence located at 104 North Sherburne was presented to the Cit y Administrator. The property owner indicated he wished to appeal the designation. Police Chief Gannaway stated in the last roughly 18 months, the police have been called to the address 28 times. Mayor Harycki recalled that the Council has been discussing this address for seven years. Mayor Harycki opened the public hearing. Mark Meister, 8921 Oakhill Avenue North, stated he has four rental properties in Stillwater. He received a letter 15 days ago about the police calls which he was not aware of. He con tacted the tenant, Christine Paulson, and gave her 30 days’ notice. Ms. Paulson then visited him and pled with him to share the police reports, which he showed her. Christine Paulson stated her two sons have mental disabilities which the landlord was awar e of when she moved in. She struggles with their special needs issues on a daily basis. She receives no child support and tries her best. The neighbor next door calls the police for no reason. Her sons both have anger issues. One of her sons’ friends keeps coming to the house, breaking into the house, and terrorizing the family, upsetting her son’s girlfriend who is pregnant. Mr. Meister stated he has talked to a Stillwater police officer who informed him that the property is not a problem property, compared to other much more pressing problem properties in the City. The tenant keeps the property well maintained and he would not like to evict her. He does not feel that an extra $125 should be added to the rent due to the classification as a problem property. Ms. Paulson stated she is working on getting a personal care assistant to visit the home and work with her son Mark. Mayor Harycki closed the public hearing. Councilmember Weidner referenced the definition of problem property and asked what violations qualify under the circumstances, and Police Chief Gannaway responded that there were 11 incidents where police were dispatched to the residence for violations, which included citations for Fifth Degree Assault, Domestic Assault, Underage Consumption, and Di sorderly Conduct. There have been four other problem properties that have not reached the Council level. He reminded the Council that the problem property fine would be against the landlord, not the tenants. Councilmember Menikheim commented that the Council’s job is to set boundaries for the safety and welfare of the City. The social issues that have been discussed are not the under purview of the Council. He believes the tenant has the responsibility to connect with the appropriate County resources to resolve the situation. Ms. Paulson stated that a Washington County social worker is working on her case, although she has not yet received any help. She recommended to Ms. Paulson that she should call the police if she has a problem. City Council Meeting October 29, 2013 Page 9 of 11 Mayor Harycki recalled the large amount of work that went into development of the ordinance regarding problem properties. Community Resource Officer Julien stated that since July 2012, police reports document that the situation has not improved. He clarified that the Police Department does not discourage the tenant from calling if assistance is truly needed. The concern is more about instances where neighbors have called the police, where there have been people fighting in the street and so on. Assistant City Attorney Butts pointed out the problem property ordinance is not intended to force people out of their homes. The purpose of the fine is to cover costs of City resources that have been spent dealing with the property. The ordinance does not specify any procedure for an appeal. It would be appropriate for the Council to make a finding regarding whether the City will uphold the designation, amend it, or alter it in some way. Once the property has been designated a problem property, it is assessed a minimum $1,500 annual fee, for a minimum of two years. It can only be removed from the problem property list after 24 consecutive months without substantial problems or violations continuing to occur. The fee is meant to help the City work with the owner to address the problems and also to reimburse City costs. City Administrator Hansen added that when a problem property is brought to his attention he meets with the Attorney’s office and the Police Chief and discusses the problem. When it continues on and on, his name goes on the designation. He does not do this lightly. Councilmember Polehna believes the Council needs to back its staff on solving problems such as this in the community. The conduct that has been going on at the property is unacceptable. Motion by Mayor Harycki, seconded by Councilmember Menikheim, to have the property at 104 North Sherburne Street designated a problem property. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None Case No. 2013-26. A public hearing to consider a request from Tyler Strachota, Metro Mechanical, for an amendment to an existing special use permit by installing a fluid cooler on the roof at Lakeview Hospital located at 927 Churchill Street West in the RB, Two Family Residential District and any variances related thereto. Community Development Director Turnblad summarized the request that Lakeview Hospital would like to install a fluid cooler on the roof of its mechanical room, which is an addition built in 2009 on the southeast corner of the hospital. The Planning Commission was most concerned with how the bank of fans will look, and what kind of noise it will generate. From street level, very little of the cooler will be visible. An acoustic engineer has determined in a preliminary review that the unit will meet all City sound standards. As a condition of approval, the Planning Commission is recommending that a check of the acoustics be done after installation to ensure it complies with City noise standards. Mayor Harycki opened the public hearing. Corey Fedie, Director of Facilities for Lakeview Hospital, offered to answer any questions. With patient rooms very close to the proposed location of the units, the hospital is very sensitive to noise issues. City Council Meeting October 29, 2013 Page 10 of 11 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2013-178, a resolution approving an amendment to the Special Use Permit for Lakeview Hospital allowing installation of rooftop cooling equipment, Case No. 2013-26. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None NEW BUSINESS Possible conceptual approval of a contract with Summit Envirosolutions for professional historian services related to demolition permit requests. Community Development Director Turnblad reviewed a proposal from Summit Envirosolutions, Inc. of St. Paul by stating that is was a very solid proposal and the company has more than sufficient experienced staff resources to complete the fast 60 day turn-around needed for the designation studies. Furthermore, their all-inclusive fee of $5,000 is fair and reasonable. He continued by stating that the Heritage Preservation Commission and City staff recommend that the Council give preliminarily approval to enter into a contract with Summit Envirosolutions, Inc. for historian services. The contract and resolution of approval will be b rought to the next Council meeting for formal approval. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to grant preliminary approval to enter into a contract with Summit Envirosolutions for professional historian services related to demolition permit requests. Possible consideration of Downtown Parking Commission recommendation to amend the residential parking policy associated with the parking ramp. Community Development Director Turnblad reported that the Downtown Parking Commission has recommended designating five spaces in the parking ramp for any resident in the City who would like to purchase a permit there. Motion by Councilmember Weidner, seconded by Councilmember Kozlowski, to adopt Resolution 2013-179, a resolution establishing rates for the Municipal Parking Ramp. Ayes: Councilmembers Menikheim, Weidner, Polehna, and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Mayor Harycki suggested to City Clerk Ward if there is a way to put the indexed pdf packet into a Dropbox for media and anyone from the public who would like to view it. Councilmember Menikheim reminded the Council that many things are happening downtown. The Chamber has put on a program called Success 2014, set up for the Highway 36 businesses that might need help mitigating construction. A bike workshop held last night focused on how the City might become a bike-friendly city. A grant request that the City and the Chamber put together in response to a MnDOT Corridors of Commerce request has been submitted regarding a possible Main Street project. A snow removal meeting on Thursday will look at how to deal with the snow removal problem downtown. A group is looking at transient docking. Community Development Director Turnblad added that the Shoddy Mill and Bergstein Warehouse will undergo a reuse study. This may tie into a potential municipal dock for the City Council Meeting October 29, 2013 Page 11 of 11 north end of the barge terminal property. The Parks Commission will be looking at updating the master plan for that property. ADJOURNMENT Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to adjourn the meeting at 9:15 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2013-174, directing Payment of Bills Resolution 2013-175, approving issuance of a new Wine with Strong Beer liquor license to The Wedge & Wheel, LLC, DBA: The Wedge & Wheel, Located at 308 Chestnut St E Resolution 2013-176, approving health and dental insurance premiums and city contribution effective January 1, 2014 Resolution 2013-177, approving doing business as (DBA) name change from River Oasis Café to Oasis Café Resolution 2013-178, a resolution approving an amendment to the Special Use Permit for Lakeview Hospital allowing installation of rooftop cooling equipment, Case No. 2013-26 Resolution 2013-179, a resolution establishing rates for the Municipal Parking Ramp CITY COUNCIL SPECIAL MEETING MINUTES November 7, 2013 SPECIAL MEETING 6:00 P.M. Mayor Harycki called the meeting to order at 6:06 p.m. Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Police Captain Meredith Deputy Fire Chief Ballis Community Development Director Turnblad City Clerk Ward OTHER BUSINESS Workshop/Discussion on 2014 Summer Festival proposals Kevin Weinhandl, president of FILO Productions, summarized FILO’s strengths as a production company. If chosen, they would work with The Locals and Woody McBride, who would bring good ideas and experience. FILO has been in business for 13 years, has cash reserves to cover losses if needed, and plans to pay for the event with sponsorship dollars and vendor booth fees. They will fully involve the community. Woody McBride, Genius of Fun Events, acknowledged that his proposal could be considered disqualified from some of the City’s criteria, as the City would need to shoulder some of the soft costs, and he does not believe the City is planning on that. He offered to assist in any way. Bo Beller, Mid-America Festivals, referenced the company’s 40-year history and track record. They do not need to partner with anyone or outsource anything. They would pay all incremental costs associated with the event. Mid-America Festivals spends an average of $15 million on operating expenses on events they produce. Referencing the communication between FILO and The Locals, he informed the Council that they too reached out to The Locals weeks ago. He acknowledged their competence, but does not believe The Locals will be here in the long term to continue running the festival. Brad Glynn, The Locals, clarified that they do not have a formal agreement with FILO, but would reach out to work with them if selected. They believe their community-focused event will City Council Meeting November 7, 2013 Page 2 of 3 be the best for Stillwater. He reviewed the qualifications of the partners and the events proposed. Because they are a non-profit, the event will be shaped around non-profits. On a question by Councilmember Menikheim about how long the contract would be, City Administrator Hansen responded that it is a one year contract based on performance, with a series of automatic renewals. Mayor Harycki reminded the Council that a public safety clause will allow the Police Chief to shut down the event if in his discretion, public safety is threatened. Councilmember Polehna commented that he has been struggling with this issue for weeks. The local people have spoken loudly to him that they want the event to be locally run. He has confidence in all the groups that presented; it is a very hard decision. Councilmember Kozlowski commended all the presenters and acknowledged how difficult the decision is. Historically, Lumberjack Days was always a locally run event. Every time th e festival was curtailed, the community brought it back. He feels it should be kept unique and local. The local businesses have been very vocal in supporting The Locals. Councilmember Menikheim acknowledged that, although it is not the Council’s job to run events, they need to choose the group most likely to succeed. He is concerned that The Locals do not have a financial background and would prefer The Locals collaborate with a more experienced company to ensure success and avoid risk for the City. On a question by Mayor Harycki about the certainty of the sponsors listed, Mr. Glynn replied that the amounts are estimated but they have had communications and commitments from those listed. Mayor Harycki noted his biggest concern is the ability to pay for the festival up-front. He asked how years two, three and four will be funded, and Mr. Glynn responded that the group has identified around $135,000 in grants to apply for in year two. They hope the businesses will continue to want to participate in the festival in subsequent years. Councilmember Kozlowski pointed out that if the community supports the event, that will create sustainability. Councilmember Polehna remarked that he received many emails supporting a local festival in in the community. He hoped that the people who wrote the emails will be an active presence in the festival. The community has to run this festival and the community has to work for it to succeed. Councilmember Weidner expressed that he has always wanted a festival by and for the community. He will support The Locals, though he acknowledged there is a risk, and hopes that those who have expressed support for them will follow through monetarily. He thanked the other production companies for their efforts. He would like the contract to include a performance bond at some level. Councilmember Menikheim indicated he would not vote for The Locals without malice of forethought, and challenges them to prove him wrong. City Council Meeting November 7, 2013 Page 3 of 3 Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to direct staff to continue negotiating with The Locals regarding holding a community event in 2014. Ayes: Councilmembers Kozlowski, Weidner, Polehna, and Mayor Harycki Nays: Councilmember Menikheim ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 7:01 p.m. All in favor. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOlUTION #2013-180 LIST OF BILLS 1000 Bulbs.com Ace Hardware Action Rental Inc . American Pump Company Ancom Communication Inc. Aramark Uniform Services Inc Arndt Ann Christina Arrow Hockey and Sport Aspen Mills AutoNation B&B Products Rigs and Squads Bells Trucking Inc. Big Toys Inc . Board of Water Commissioner Brines Market Campion Barrow & Associates Carquest Auto Parts Century Link Century Power Equipment Clafton Skate Clareys Safety Equipment Cole Papers Com cast Commercial Asphalt Co . CoStar Realty Information Inc Cub Foods Dierberger Bill Display Sales Co . Doneax Brenda ECM Publishers Egger Alison Ess Brothers & Sons Inc. Fastenal Company Fire Safety U.S.A. First State Tire Recyling FleetPride Folz Freeman Erickson Inc . Forms and Systems of Minnesota Frontier Ag & Turf Fury Motors General Parts LLC Gertens Wholesale Gopher State One Call Inc . Guild Art H & L Mesabi H&H Buy i ng & Sell i ng Inc Hade Sean Ha rdrives Inc . Light bulbs Supplies Mixing trailer and concrete Used suct ion lines and supplies Minitor V chasrger and battery Mats & Uniforms Refund of parking ramp fee Blades Uniforms Auto parts Remove emerg equipmnt from totaled vehicle Install conduit 400 bl E Myrtle Slide Replacement at Pioneer Park WAC Charges Dinners for election judges Fire services Auto parts Phone Nut m8 flange Professional blades Mounting bracket & ext inspection Janitorial supplies Internet & voice Asphalt Property professional Donuts for election judges Refund of utility penalty Candle wreath & light bulbs Refund of parking ramp fee Publications Reimburse for mileage for GFOA class Flex seal Supplies Bracket hardware for leather front Shop tires Hose Professional service Police citat ions Clip chain link knife Vehicle repairs Motor replacement kit Picea Glauca Black Spruce Tickets Dasher Plow Motor starter Reimburse for iPad Downtown parking lot improvements 43 .21 858.62 368.72 885.87 213 .75 1,619.70 3 .00 283 .47 790 .00 465 .18 300.00 400 .00 976.84 4,554.00 443.97 780 .00 177.62 61.89 10.77 142 .00 96.00 461.07 323 .65 856.79 316.00 65.26 25.00 2,472 .02 5.00 59 .50 45 .43 3,874 .22 906.93 170.00 117.40 122.73 682.50 1,187.38 812.41 2,430.48 333 .79 3,167.56 461.70 130 .39 3,859.05 1,775.00 600.00 189,285 .88 Page 1 EXHIBIT "A" TO RESOLUTION #2013-180 Page 2 Harris Services LLC Repair air units in locker rooms 1,613.49 Harrison Sharon Reimburse for iAnotae for iPad 10.70 Heikes Tree Service Tree removal & trimming 5,225 .00 Heritage Printing Inc . Utility billing statement forms 702.60 Holiday Credit Office Fuel 22.47 Ice Skating Inst itute Skater memberships 3,077 .00 Indue Sales Level floor in resurfacing room 1,995.96 International Code Council 2012 Permit tech study and establish bldg permit 72 .94 J.H. Larson Company Supplies & parts 1,196.38 Jimmys Johnnys Inc. Toilet rental 238 .06 John Deere Landscapes Lowell Park Imp 31 .80 Johnson Jeff Reimbu rse for iPad 589 .17 Kocon Michael Reimbu rse for iPad 599.00 KorTerra Inc . KorWeb se rvice fee 800.00 lake Elmo Oil Inc Fuel 19.47 Linner Electr ic Co. Changed motor starter 304 .00 Loffler Companies Inc. Copier lease 2,376 .21 Logan Nancy Refund of parki ng ramp fee 11.00 M.J. Raleigh Truc k Co . Hauling materials 1,210.46 MacQueen Equipment Inc. Actuator 932.13 Madden Galanter Hansen LLP Labor relations services 796.68 Marshall Electric Company Replace photo eye and GFI breaker 305 .64 Menards Supplies 1,125.56 Metropolitan Council Wastewater Charge and SAC charge 133 ,178.24 MN Dept of Transportation Material testing 1,762.51 MN Pollution Control Agency Renewal fee 46.00 Modern Heating Exhaust fan check 390.00 MWOA Two years MWOA dues-Chaves and Adams 50.00 NAPA Auto Parts Auto parts 786.19 Nardini Fire Equipment Annual i nspection 132.55 North American Safety Green locator flag & Jackets 656.28 North Amer ican Salt Co . Salt 14,373.45 Office Depot Office supplies 824.07 O'Reilly Auto Parts Supplies 20 .36 Pioneer Manufacturi ng Co . Gameline aerosol 664 .00 Primary Products Co. Nitrile gloves 183 .35 Professional Wireless Comm Repai r service 1,803 .62 Riedel! Shoes Inc. Skates 931.78 Rose City Sign Company Repair 2,406 .29 Sentry Systems Inc. Alarm Monitoring 548.00 ServiceMaster Clean Commercial ca r pet cleaning 596 .15 Sivigny Donald J Plan reveiw 1,405.19 Snap On Tools 120-600-Ft Lb 892 .14 Springbrook Software Inc . 3 r d payment 25 % Training migration 8,625.00 Sprint PCS Cell phone 120 .86 St . Croix Boat and Packet Co . A rena billing and ramp cleaning 30 ,318 .53 Stillwater and Oak Park Heights CVB 3rd qtr Lodging Tax 59,422 .50 Stillwate r Moto r Company Auto parts & repair 1,287 .84 Stillwate r Towing Towing 577 .51 EXHIBIT "A" TO RESOLUTION #2013-180 Page 3 StopTech Ltd. Stop stick rack kit red 430 .00 Streichers Ammo 8,681.01 STW Construction Services LLC Repair sh i ngles and roof 451.42 SW /WC Service Cooperatives Retiree Health Insurance & COBRA 59,975.19 T.A. Schifsky and Sons Asphalt 6,093.82 Tessman Seed Co. St. Paul Ice melt 472 .92 Thomson Reuters Information charges 102 .96 Toll Gas and Welding Supply Cylinder 42.04 Trans Union LLC Info charges 20 .00 Truck Utilit ies Inc . Plow marker 70 .54 Tyco/Simplex Grinnell LP Parking structure 511.81 United Refrigeration Inc Parts and supplies 1,151.45 Ve r izon Wireless Police air cards 468.62 Washington County Recorder Recording 162 .00 Washington County Road & Br idge Traffic services 78.57 Welty Elizabeth Reimburse for iPad 600.00 Wingfoot Commercial Ti re Tires 1,439 .77 Winnick Supply Pipe & supplies 475.40 Yocum Oil Company Fuel 12 ,284 .74 Zayo Enterprise Networks Telephone 538 .81 LIBRARY Allen Sheila Staff reimbursement 84.75 Baker and Taylor Library materials 1,037 .04 Bertalmio Lynne Staff reimbursement 94.92 Brodart Co Library materials 3,579 .28 Com cast Telecommunications 56.90 Culligan of Stillwater Water 8.80 Cumm i ns NPower LLC Building repair 381.00 Gale Group Materials 3,585 .00 Gaylord Bros. Precess i ng supplies 85.33 Linner Electric Co . Building repair 132.50 Menards Janitorial supplies 12 .29 Mid -America Business Systems Maintenance contract 745.00 Midwest Tape Materials 247 .04 Petrie Angela Staff reimbursement 185.92 Quill Corporation Supplies 101.94 Recorded Books LLC Books on CD 48 .41 Security Response Services Inc Maintenance contract 155 .67 St illwater Public Library Foundation Reimbursement 300.00 St i llwater Gaze t te Newspaper subscription 2 yrs 148 .00 Washington County Library Ebooks 467.45 Xcel Energy Energy 3,761.01 CITY COUNCIL REPORT MEETING DATE: November 19, 2013 REGARDING: Pre-Approval for Qualified Historian Professional Services PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In July the City Council approved Resolution No. 2013-109 establishing procedures for preapproving historian services related to demolition requests. Staff has followed the provisions for RFPs and received one proposal from Summit Envirosolutions, Inc. (SEI). At the Council’s last regularly-scheduled meeting, the Council gave preliminary approval of proposal submitted by SEI. At that time the Council directed staff to draft a resolution to be brought back for formal approval. Staff has prepared the attached Resolution designating SEI as a preapproved qualified historian for a cost of $5,000 per study. As identified in Resolution No. 2013-109, once the Resolution has been approved by the Council, the City Administrator may enter into a contract with SEI. ALTERNATIVES The City Council has the following options available: 1. Move to approve the Resolution preapproving historian services. 2. Direct staff to re-distribute the RFP in hopes of attracting more than one proposal. 3. Table the action for more information. RECOMMENDATION Staff recommends the Council adopt the Resolution preapproving Summit Envirosolutions, Inc. for historian services related to demolition requests. ATTACHED Resolution No. 2013-___: A Resolution Preapproving Historian Services… Resolution No. 2013-109: A Resolution Establishing Procedures for Preapproving Historian Services… RESOLUTION NO.________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION PRE-APPROVING HISTORIAN SERVICES RELATED TO DEMOLITION REQUESTS WHEREAS, City Code Section 34-4, Subd. 2(2)(iii) requires a “designation study” to be completed prior to a City Council decision to deny a request for a demolition permit; and WHEREAS, the on July 2, 2013 the City Council of the City of Stillwater adopted Resolution No. 2013-109, establishing the procedures for pre-approving historian services related to demolition requests; and WHEREAS, the City staff distributed a Request for Proposals to twenty-three firms in the region that have qualified professional historian staff and received one proposal. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby adopts a pre-approved qualified historian list to include Summit Envirosolutions, Inc. to complete designation studies at a cost of $5,000. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of November, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION NO. 2013-109 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING PROCEDURES FOR PRE-APPROVING HISTORIAN SERVICES RELATED TO DEMOLITION REQUESTS WHEREAS, City Code Section 34-4, Subd. 2(2)(iii) requires a "designation study" to be completed prior to a City Council decision to deny a request for a demolition permit; and WHEREAS, the designation study must be completed by a historian that meets the Department of the Interior Standards; and WHEREAS, the process necessary to solicit, select and approve a qualified historian, and contract for completion of the designation study, is too lengthy to complete within the time limits established by Chapter 34 of City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby adopts a process to pre-approve qualified historians at established prices to complete designation studies if they become necessary. BE IT FURTHER RESOLVED, that the pre-approval process shall be administered according to the following guidelines: 1. Every other year, City staff will compile a list of recommended historians for possible approval by the City Council. a. The list will include candidates that have submitted proposals in response to a Request for Proposals (RFP) that is distributed by City staff. b. The RFP will be sent only to historians found qualified by the State Historic Preservation Office. c. The RFP will include a statement that the proposals must include a price for completion of a designation study, and that the proposed price must remain valid for two years. 2. Together with the list of historians, staff will recommend a set price for completion of a designation study. 3. After the City Council adopts the pre-approved list of historians and the set price, City staff will, on a rotation basis, contact a historian from the list to complete designation studies. Any contract deemed advisable by the City Attorney can be executed by the City Administrator. Costs for the study will be the applicant's responsibility. Enacted by the City Council of the City of Stillwater, Minnesota this 2"d day of July, 2013. CITY OF STILL WATER ATTEST: ~J./Va~d- Diane F. Ward, City Clerk Page 2 of2 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TIY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY R~CEIVED NOV 7 2013 BY: ~ TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Llv_a_lle~y~C_h_a_m __ be_r_C_h_o_ra_l_e ____________________________________ ~\ ILJa_n __ 1,_1_9_75 ________ ~\ IL3_1_58_7 ______________ _J Address City State Zip Code Ll9_1_0_2_n_d_S_t_s ____________________________________ ~\ ~\s_ti_ll_w_at_e_r ________ ~\ ~lM_i_n_n_es_o_ta ______ ~j Ll5_5_08_2 ______ ~ Name of person making application Business phone Home phone L\ K_a_th_e_r_in_e_B_F_r_is_ta_d ________________________________________ ~\\651-430-0124 \ ,....,6-5-1--4--'3'-9--7-85-5-----------, Date set ups will be sold Type of organization IDee. 13-15,2013 0 Club 0 Charitable 0 Religious ~ Other non-profit Organization officer's name City State Zip ~X--LM--ik_e_P_e_rk_in_s----.---------------------------~s_t_ill_w_a_te_r __________ ~~\M_i_n_n_es_o_ta ______ ~ILI5_s_os_2 ________ ~ Add New Officer Location where permit will be used. If an outdoor area, describe. Washington County Historic Courthouse If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Hartford Casualty-$1 ,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTlNG TO ALCOHOL AND GAMBLING ENFORCEMENT City/County Date Approved City Fee Amount Permit Date Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. / . _v ss ':.~'t ~ >'11 s ... ~ tL c c(9'tt 6 ?Si Page 1 of 1 STILLWATER PUBLIC LIBRARY 224 Third St. N. To: Mayor and City Council Stillwater MN 55082 651.275.4338 www.stillwaterlibrary.org From: Lynne Bertalmio, Library Director Re: Reappointment to the Library's Board of Trustees November 4, 2013 At its regular monthly meeting on October 8, 2013, the Board of Trustees examined the schedule of Board terms. According to the schedule, the terms of Maureen Bell, Michele Cassavante, and Tom Corbett all end on December 31, 2013. All three have given consideration to their service on the Board and would like to be reappointed. REAPPOINTMENTS TO LIBRARY BOARD NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappointed the following to the Library Board at their November 19, 2013 regular City Council meeting: Maureen Bell Michelle Cassavante Tom Corbett Term Expires -December 31, 2016 Term Expires -December 31,2016 Term Expires -December 31, 2016 Adopted by Council this 19th day ofNovember, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk City Council DATE: November 13, 2013 TO: Mayor & City Council SUBJECT: Impact fees for Brown’s Creek Preserve APPLIANT: Jon Whitcomb REVIEWED BY: Larry Hansen, City Administrator David Magnuson, City Attorney FROM: Bill Turnblad, Community Development Director INTRODUCTION On August 20, 2013 the City Council approved the plat and Development Agreement for Brown’s Creek Preserve. The development is a 15 lot single family plat located immediately west of Settler’s Glen 9th Addition on McKusick Road. All plats such as Brown’s Creek Preserve, that are located in the Orderly Annexation Area, pay development impact fees that are commensurate with the increased burden that the proposed new home sites would have on the City’s infrastructure. In this case, the total impact fee would be $244,611.01. This total is included in the Development Agreement for the plat. However, the potential impact of the development on City infrastructure is less than the Stillwater Comprehensive Plan and Zoning Ordinance envision. The property could easily accommodate 17 single family home sites. The developer has only platted 15 lots. Consequently, the general impact of development is reduced by at least 2/17ths from what would be permissible. Brown’s Creek Preserve November 13, 2013 Page 2 SPECIFIC REQUEST The developer is requesting the impact fees to be reduced by 2/17ths, commensurate with the reduced impact generated by the actual number of platted lots. A 2/17ths reduction of the $244,611.01 fees would be a reduction of $28,777.76 COURSE OF ACTION If the City Council agrees with the request, the attached resolution could be adopted. Attachment: Resolution bt RESOLUTION NO 2013- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION AMENDING RESOLUTION NO. 2013-135B AND THE CORRESPONDING DEVELOPMENT AGREEMENT FOR BROWNS CREEK PRESERVE CASE NO. 2013-12 WHEREAS, Midwest Real Estate Management made application for approval of the final plat and Development Agreement for BROWNS CREEK PRESERVE; and WHEREAS, on August 20, 2013 the Stillwater City Council approved the final plat and adopted Resolution No. 2013-135B approving its Development Agreement; and WHEREAS, Condition 9 of Resolution 2013-135B set the amount of development impact fees for BROWNS CREEK PRESERVE at $40,768 per acre including, AUAR Trout Stream Mitigation Charge, Transportation Adequacy Fund (TAF) and Trunk sanitary sewer and water main charge; and WHEREAS, Page 4 of the Development Agreement incorporated the above mentioned impact fees stating that the total impact fees due for the 6 acres in the plat is $244,611.01; and WHEREAS, the plat shows 15 lots, although as detailed in the findings below, there could reasonably be 17 lots even with the infrastructure and development details as proposed: 1. The property is zoned TR, Traditional Residential. 2. The average required lot size in a TR zoned plat must be at least 10,000 square feet. The average lot size in BROWNS CREEK PRESERVE is 14,987 square feet. 3. The minimum required lot width in the TR District is 65 feet at the 20 foot front setback line. The minimum lot width in BROWNS CREEK PRESERVE (at 20 foot front setback) is at least 70 feet and averages 80 feet. WHEREAS, Midwest Real Estate Management has requested a credit against the development impact fees based upon the reduced impact to city services that the smaller number of lots will generate: 1. Instead of 17 lots, only 15 will be developed. 2. The overall impact of the residential development will be reduced by 2/17ths. 3. A 2/17ths reduction of the $244,611.01 for impact fees would be $28,777.76 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves an amendment to Resolution 2013-135B giving a density credit of 2/17ths toward the development impact fees for a total reduction in the amount of $28,777.76. BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater hereby modifies the Development Agreement for BROWNS CREEK PRESERVE by giving a density credit of 2/17ths toward the development impact fees for a total reduction in the amount of $28,777.76. Enacted by the City Council of the City of Stillwater, Minnesota this 19th day of November, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk MAGNUSONLAWFlRM LICENS E D IN MINN ESO TA AND WISCON SIN THE GRAND GARAGE 3 24 MAIN STREET SOUTH • SUIT E #260 • STILLW ATER, MN 55082-5165 T E LEPHONE: (651 )4 3 9-9464 • FACS IMILE: (651)439-5641 WWW .MAG NUS ONL AW FIRM.COM DAVID T. MAGN USON DTMAGNU SO N@MAGNUSON L AWflRM.COM TO: Mayor, City Council and Staff CASI R. B UTTS CRB@MAGNU SO NL A WFIRM.C OM FROM: David T. Magnuson)'TW' November 7, 2013 ATTORNEY-CLIENT PRIVILEGED DATE: RE: MNDOT Quit Claim Deed MNDOT is doing title work to get ready to build access roads for the updated Hwy 36 design . One change that we will see is at Greeley Street near the old Baker's Square Building. The City is the holder of a drainage and utility easement that is located on the lot lines in the area. The new frontage road will cross several of these easements and therefore MNDOT has asked the City for a release of the easements by Quit Claim Deed. This will not matter once the work is done , since I am sure that MNDOT will make sure that these frontage roads will be turned back to the City at some time in future. They need two deeds and a certified copy of the resolution approving the transfer. Enclose is a map showing the area of the frontage road and the easements that are within the proposed right of way. DTM/jp QUITCLAIM DEED STATE DEED TAX DUE HEREON:$ ____ _ C .S. 8214(36=118)905 Parcel 60 Date: _________ _ County of Washington For and in consideration of the sum of ---------------------------_______________________ Dollars($ ), City of Stillwater, a municipal corporation under the laws of the state of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee , real property in Washington County, Minnesota, described as follows : All of the following: That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, shown as Parcel 60 on Minnesota Department of Transportation Right of Way Plat Numbered 82-118 as the same is on file and of record in the office of the County Recorder in and for Washington County, Minnesota; containing 0.32 acre, more or less; together with other rights as set forth below, forming and being part of said Parcel 60: Temporary Easement: A temporary easement for highway purposes as shown on said plat as to said Parcel 60 by the temporary easement symbol, said easement shall cease on December 1, 2.018, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes. together with all hereditaments and appurtenances belonging hereto. CITY OF STILLWATER By ______________ _ Its ____________________ _ And ------------------------ Its __________________ _ Page 1 of 2 .,, RESOLUTION 2013-184 APPROVING RELEASE OF DRAINAGE AND UTILITY EASEMENT QUIT CLAIM DEED GREELEY STREET AND HIGHWAY 36 AREA STILLWATER, MN WHEREAS, Mn/DOT is preparing to build access roads for the updated Highway 36 design; and WHEREAS, the City is the holder of a drainage and utility easement located on the lot lines in the area which the new frontage road will cross several of these easements; and WHEREAS, the Minnesota Department of Transportation is requesting a release of drainage and utility easement by Quit Claim Deed as shown as Parcel 60 on Mn/DOT Right of Way Plat Number 82-118, included herewith; and NOW THEREFORE, BE IT RESOLVED, that the City Council of Stillwater approves the release of the drainage and utility easement by Quit Claim Deed, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign Quit Claim Deed. Adopted by the City Council for the City of Stillwater this 19th day of November, 2013. Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk -· STATE OF MINNESOTA ) )SS. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ____________ , by and ______________ ,the and ______________ of City of Stillwater, a municipal corporation under the laws of the state of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My commission expires: _________ _ This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, Roseville, MN 55113 Send tax statements to Grantee: State of Minnesota Department of Transportation METRO DISTRICT RIGHT OF WAY 1500 W. County Road 82 Roseville, MN 55113 Page 2 of 2 _Oct. 30. 201L 8:32AM ____________ . ____ No. 1835-P. 2--- ~~@~i (Q)[F WJ ~ w ~ &~~~IL IL£ W@QJJif' I .. ''''E''~~~ I~ i Proposed R/W I 1 ne s. oocess tok in g. Lot I I nes 8c d lrnens Ions •. CJ '"~ I outl lne & location of bulldlnQs & \mprovsments. S1reets or hlQhwoy frontoQe. I Mn/DOT parsk.cel MINNES OTA DEPARTMENT OF TRANSPORTATION Topoorophlo ln.formatlon required: Show north arrow. PARCEL N 0 ,,_---.::::6~0_,_1 __ 4+. c.s. 821 Ll ( 36=.<15) 905 S,P. 821~-114 COUNTY ___ W~A~$~H~l~N~G~T~O~NL------- OWNER RUSTAD PROPERTIES, LLC Scale 1" = 100 I -j:;w ' I I ---- i TH j36 EB- .3.9!L I -5.50. I I -I I I I I T I I ' ' J " I I -......_,.. /~ ~ I Lay o ut sketch bLy _____ ~K~A~B _____ _ Dote 5/31/2012 Por-cel No. ,60 Memo DATE: TO: FROM: RE: November 15,2013 Mayor and City Council Sharon Harrison, Finance DirectorM~ Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see ifwe can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3rd quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. Description of Circumstance Softener leak CITY OF STILLWATER EXHIBIT A Winter Average From To Gallons 56 ,000 22 ,000 Billing Quarter Adjustment for 4th THE BIRTHP L A C !: 0! M !N ~<E>O!A Me mo To: From: Date: Re: DISCUSSION Mayor and City Council Tim Moore, Public Works Superintendent -(; ,v1 1 November 13, 2013 Uniform and Mat Cleaning Services The contract for uniform and mat cleaning services expires with ARAMARK on November 21 2013. Staff has received proposals from 4 different companies and G &K was low at $9,976 .08. This contract includes uniforms and mats for public works, mats at City Hall and the Parking Ramp, mats and cleaning products for the Library and the Rec. Center. Over the past 3 years the city has paid on average $19,000.00 per year for these services . RECOMMENDATION Staff recommends that the City Council approve contract with G & Kin the amount of $9,976.08 for a period of one year. ACCEPTING PROPOSAL AND A WARDING CONTRACT FOR UNIFORM AND MAT CLEANING SERVICES WHEREAS, a proposal for the uniform and mat cleaning services for the City of Stillwater has been received; and WHEREAS, the proposal was presented to Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILL WATER, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into an agreement with G&K Services, in the name of the City of Stillwater for uniform and mat cleaning services for the City of Stillwater. Adopted by the City Council this 19th day ofNovember 2013. Ken Harycki, Mayor Attest: Diane F. Ward, City Clerk (reserved for recording data) Return to City of Stillwater 216 North 4th Street Stillwater, MN 55082 EASEMENT AND AGREEMENT THIS AGREEMENT is made this __ day of , 2013, by and between the undersigned, MarkS. Balay and Catherine N. Balay, husband and wife, ("Grantor") and the City of Stillwater, a municipal corporation in the County of Washington, State of Minnesota (the "City"). WITNESSETH: WHEREAS, Grantor is the owner of that certain real property located in the City of Stillwater, State of Minnesota, that is legally described as Lot 2, Block 1, SPGLI Addition, according to the plat thereof, Washington County, Minnesota, (the "Property"). WHEREAS, the City and Grantor desire to create an access easement over and across the Property, shown on the Map attached as Exhibit A and as legally described on Exhibit B. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, the parties agree as set forth below: (1) Easement Grant. Grantor hereby grants to the City an easement (the "Access Easement") as described on Exhibit A (the "Easement Area"), subject to the following terms and conditions: (a) The parties agree that the Access Easement is solely for the purpose of constructing, maintaining, operating, repairing and reconstructing retaining walls located on adjacent public property (collectively, the "Work"). (b) The Work must be conducted in a manner that will not unreasonably interfere with the use of the Property that lies outside of the Easement Area. (c) In the event that it is necessary at any time to enter the Easement Area to perform any Work, the City will use due care in performing the Work and will leave the Easement Area in as good a condition as it was found. (d) The City agrees that snow from the City's adjacent parking ramp will not be dumped on the property or stored in a manner that snow melt will not be accommodated by City Storm Water improvements. (e) The City is solely responsible for any and all costs associated work maintenance of the retaining walls, it being understood that no portion of the costs may be charged to Grantor in the form of any special assessments. (2) Legal Effect. Each covenant contained in this Agreement: (a) constitutes a covenant running with the land; and (b) is binding upon and for the benefit of Grantor and the City and their respective heirs, representatives, successors, and assigns (each a "Party"). (3) Duration. This Agreement and each covenant and easement created hereby shall be perpetual in duration unless otherwise terminated or amended with the express written consent of each Party. ( 4) Default Injunctive Relief. In the event of any violation or threatened violation by either Party of any of the provisions of this Agreement, in addition to the right to collect damages, the other Party will have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Prior to the commencement of an action, written notice of the violation will be given to the Party alleged to have committed a violation. (5) Notice. Any notice required herein must be in writing and deemed effective and received (a) upon personal delivery; (b) five (5) days after deposit in the United States mail, certified mail, return receipt requested, postage prepaid; to a Party at the following addresses: To Grantor: To City: MarkS. Balay and Catherine N. Balay 416 South 5th Street Stillwater, MN 55082 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attention: City Administrator 2 IN WITNESS WHEREOF, this instrument has been executed effective on the date first above written. OWNERS: Mark S. Balay Catherine N . Balay STATE OF MINNESOTA ) ) ss. COUNTYOF ) The foregoing instrument was acknowledged before me this __ day of , 2013, MarkS. Balay and Catherine N. Balay, husband and wife, Owners. ------ Notary Public 3 CITY OF STILLWATER By: ____ ~~~-------------------- KenHarycki Its: Mayor By: --~---=-=~~-------------------Diane F. Ward Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTYOF ) The foregoing instrument was acknowledged before me this day of ______________ , 2013, by Ken Harycki and Diane F. Ward, Mayor and City Clerk, respectively, of the City of Stillwater, a Municipal corporation in the State of Minnesota, on behalf of the City of Stillwater. DRAFTED BY: David T. Magnuson Magnuson Law Firm 324 Main Street South Suite 260 Stillwater, MN 55082-5165 (651) 439-9464 Notary Public 4 RESOLUTION 2013-187 APPROVING RENEWALS OF ON-SALE, OFF-SALE, CLUB, WINE, WINE WITH STRONG BEER, SUNDAY ON-SALE, ON-SALE 3.2%, OFF-SALE 3.2%, MICRO BREWER OFFSALE, MICRO BREWER TAP ROOM LIQUOR LICENSES AND TOBACCO LICENSES FOR 2012 WHEREAS, requests for renewals have been requested by the businesses 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 and/or tobacco license in the City of Stillwater and any State of Minnesota agencies relating to establishments; NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below for On-sale, Off-sale, Club, Wine, Win with Strong Beer, Sunday On-sale, On-sale 3.2%, Off-Sale 3.2%, Combination liquor licenses and tobacco licenses for 2013. Organization Name/Corporate DBA LIC TYPE Acapulco of Stillwater Inc. Acapulco Mexican Restaurant ONSALE, SUNDAY Stillwater American Legion #48 American Legion CLUB, SUNDAY, TOBACCO Aristos LLC Aristos WINE W/SB Brine's Bar & Restaurant, LLC Brine's Bar & Restaurant ONSALE, SUNDAY Chilkoot Café & Cyclery, LLC Chilkoot Café & Cyclery WINE W/SB Cooks of Crocus Hill LLC Cooks of Crocus Hill WINE W/SB SuperValu, Inc. Cub Discount Liquor OFFSALE SuperValu, Inc. Cub Foods 3.2 ONSALE Dock Café Corp. Dock Café ONSALE, SUNDAY Domacin LLC Domacin Wine Bar ONSALE, OFF-SALE, SUNDAY (COMBINATION) Elephant Walk Inc. Elephant Walk B & B WINE D & D of Minnesota Famous Dave's BBQ ONSALE, SUNDAY Durant Schmitt LLC First National Green Room ONSALE, SUNDAY, 2:00 AM Freight House LLC Freight House ONSALE, SUNDAY Hansen's Liquors LLC Hansen's Liquors OFFSALE, TOBACCO EKS Inc. Harbor Bar ONSALE, SUNDAY, TOBACCO Haskell's, Inc. Haskell's OFFSALE, TOBACCO Kwik Trip, Inc. Kwik Trip #415 TOBACCO Lens Family Foods Lens Family Foods TOBACCO Liberty Village Wine & Spirits, Inc. Liberty Wine & Spirits OFFSALE, TOBACCO Lift Bridge Brewing Technologies, LLC Lift Bridge Brewing Company MICRO BREWER OFFSALE, TAP ROOM St. Croix Boat & Packet Co. Lowell Inn ONSALE, SUNDAY Lucky's Station LLC Lucky's Station TOBACCO Lucky's Station LLC Lucky's Station TOBACCO Luna Rosa, Inc Luna Rossa Trattoria & Wine Bar ONSALE, SUNDAY, OFFSALE (COMBINATION) Mad Capper Saloon & Eatery Inc. Mad Capper ONSALE, SUNDAY B.A. Mensch, Inc. Marx Wine Bar and Grill ONSALE, SUNDAY Organization Name/Corporate DBA LIC TYPE Meister, Eileen V. Meister's Bar & Grill ONSALE Chi Shook Inc. Murasaki WINE W/SB VDR Inc. Nacho Mama's ONSALE, SUNDAY E & K Convenience, Inc. Neighbor Stop TOBACCO TJ Stillwater LLC No-Neck Tony's ONSALE, SUNDAY, 2:00 AM North Hill Liquor Ltd. North Hill Liquor OFFSALE Oak Glen Limited Ptsp. Oak Glen ONSALE, SUNDAY Osaka Express Inc. Osaka Express ONSALE, SUNDAY, 2:00 AM Beach Blanket Bingo Inc. P.D. Pappy's ONSALE, SUNDAY Roman Market, Inc. Patriot's Tavern ONSALE, SUNDAY L & L Companies LLC Quickfire Pizza WINE W/SB Rafter's LLC Rafters ONSALE, SUNDAY, 2:00 AM Reve' 324 Inc. Reve' 324 ONSALE, SUNDAY Oasis Café Inc. Oasis Café WINE W/SB Rivertown Inn, LLC Rivertown Inn WINE Shanghai Stillwater LLC Shanghai Bistro ONSALE, SUNDAY, 2:00 AM Bad Latitude, LLC Smalley's Caribbean Barbeque ONSALE, SUNDAY, 2:00 AM Stillwater Country Club, Inc. Stillwater Country Club CLUB, SUNDAY Stillwater K.C. Hall, Inc. Stillwater K.C. Hall CLUB, SUNDAY CWPHRC, Inc. Stillwater Liquors OFFSALE, TOBACCO BPOE Lodge 179 Stillwater Lodge CLUB, SUNDAY Vackra Nya Liv, Inc. The Bikery WINE W/SB St. Croix Boat and Packet Co. The Grand WINE W/SB The Edge Performance HockeyTraining Center LLC The Lumberyard WINE W/SB Commander Project LLC Tin Bins ONSALE, SUNDAY Tobacco Market, Inc. Tobacco Market TOBACCO DBD Partners Inc. Water Street Inn ONSALE, SUNDAY, TOBACCO DNR Properties LLC Whitey's ONSALE, SUNDAY, OFFSALE, (COMBINATION) TOBACCO Yocum Oil Company Yocum's Holiday #3838 TOBACCO Adopted by Council this 19th day of November, 2013. _________________________ Ken Harycki, Mayor ATTEST: _________________________________ Diane F. Ward, City Clerk City Council DATE: November 14, 2013 TO: Mayor & City Council SUBJECT: TIF Assistance Agreement with Stillwater Caves, LLC. REVIEWED BY: Larry Hansen, City Administrator David Magnuson, City Attorney FROM: Bill Turnblad, Community Development Director INTRODUCTION On October 15, 2013 the Council voted unanimously to direct staff to negotiate a TIF Assistance Agreement with Stillwater Caves, LLC. The original TIF request from the developers was for $1.15 million dollars to be released at the closing for project financing. The proposed project is to redevelop the historic Joseph Wolf Block into a 37 room boutique hotel, a 60–80 seat restaurant, and up to 4,000 square feet of retail space. The October 15, 2013 Council discussion and vote made it clear that though a majority of the Council supports the project and TIF assistance, the Council would not approve the requested 100% up-front payment. Direction was given to minimize the up-front amount. SPECIFIC REQUEST Consider the attached TIF Assistance Agreement. COMMENTS The attached draft of the TIF Agreement is acceptable to City staff and the development team. The critical terms of the Agreement include: Stillwater Caves, LLC November 13, 2013 Page 2 • Only 25% of the $1.15 million assistance offer (a total of $287,500) will be paid up- front at the closing for the project financing. • The entire $1.15 million assistance package will be repaid to the City through tax increment. • The $287,500 will be escrowed with the developer’s bank, and will stay with the bank until disbursed for qualified improvement costs. COURSE OF ACTION If the City Council finds the terms of the TIF Assistance to be agreeable, approve it through the adoption of the attached resolution. Attachment: TIF Agreement Resolution RESOLUTION NO. 2013-___ A RESOLUTION AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT WITH STILLWATER CAVES, LLC WHEREAS, the City of Stillwater and Stillwater Caves, LLC have negotiated the terms of a Tax Increment Financing Agreement (entitled “Contract for Private Redevelopment Between the City of Stillwater and Stillwater Caves, LLC”, and which is attached to this resolution) to provide financial assistance to redevelop the Joseph Wolf Block located on South Main Street; and WHEREAS, the commercial property is partly occupied but in the main has been vacant for a number of years; and WHEREAS, the property is a prominent historical resource directly on Main Street, but is in such need of repair that redevelopment timing has become critical to save it; and WHEREAS, given the extra-ordinary costs associated with redevelopment of this historical resource, it would not otherwise occur but for the use of tax increment financing. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Mayor and City Administrator are hereby authorized to execute the “Contract for Private Redevelopment Between the City of Stillwater and Stillwater Caves, LLC” attached to this Resolution as Exhibit A. 2. That the City Staff is hereby directed to draft documents as necessary, distribute the funds as specified in Exhibit A, and represent the City at the property closing. Enacted by the City Council of the City of Stillwater this 19th day of November, 2013 CITY OF STILLWATER ___________________________________ Ken Harycki, Mayor ATTEST: ___________________________________ Diane F. Ward, Clerk CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN 6th Draft November 15,2013 THECITYOFSTILLWATER,MINNESOTA AND STILLWATER CAVES, LLC A MINNESOTA LIMITED LIABILITY COMPANY This document was drafted by: David T. Magnuson Magnuson Law Firm 324 Main Street South, #260 Stillwater, MN 55082-5165 651/439-9464 TABLE OF CONTENTS Section 1.1. Definitions ................................................................................................................ 1 Section 2.1. Representations by the City ..................................................................................... 3 Section 2.2. Representations and Warranties by the Redeveloper. ............................................. .4 Section 3.1. Conditions Precedent to City Actions ...................................................................... 5 Section 3.2. Limitation on City Financial Obligations ................................................................ 5 Section 3.3. The City's Promises and Covenants that will Survive the Closing ......................... 6 Section 3.4. Redeveloper's Responsibility .................................................................................. 7 Section 4.1. Construction of Minimum Improvements ............................................................... 8 Section 4.2. Construction Plans, Changes ................................................................................... 8 Section 4.3. Commencement and Completion of Construction ................................................... 8 Section 4.4. Certificate of Completion ........................................................................................ 9 Section 4.5. Indemnity ................................................................................................................. 9 Section 5.1. Insurance .................................................................................................................. 9 Section 6.1. Real Property Taxes ............................................................................................... 11 Section 7.1. Financing ................................................................................................................ 11 Section 7.2. Limitation Upon Encumbrance ofProperty ........................................................... 12 Section 8.1. Representation as to Redevelopment. .................................................................... 12 Section 9.1. Events of Default Defined ..................................................................................... 13 Section 9.2. Remedies on Default. ............................................................................................. 14 Section 9.3. No Remedy Exclusive ............................................................................................ 14 Section 9.4. No Additional Waiver Implied by One Waiver ...................................................... 14 Section 10.1. Conflict oflnterests; City Representatives Not Individually Liable ..................... 15 Section 10.2. Equal Employment Opportunity ............................................................................ 15 Section 10.3. Titles of Articles and Sections ............................................................................... 15 Section 10.4. Notices and Demands ............................................................................................. 15 Section 1 0.5. Counterparts ........................................................................................................... 15 Exhibit A ExhibitB Exhibit C Redeveloper Minimum Improvements Assessment Agreement Certificate of Completion -1- CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, effective the day of , 2013 between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and STILLWATER CAVES, LLC (the "Redeveloper"), a Minnesota limited liability company, having its principal office at 7651 Old Central Avenue N.E., Fridley, Minnesota. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development District Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has adopted a development program (the "Program") pursuant to the Municipal Development District Act; and has established a development district (the "Development District") pursuant to the Municipal Development District Act; and will establish Tax Increment Financing District No. 11 (the "Financing District") and adopted a Tax Increment Financing Plan (the "Plan") also pursuant to Minn. Stat. §469.174 through §469.179 of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District were to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, the City believes that the development and redevelopment of the Development District and the Financing District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program and the tax increment financing plan is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1 Def'mitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means collectively the Municipal Development District Act, Minn. Stat. §469.124 et seq., as amended, and Minn. Stat. §469.174 through §469.179. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.3. "Assessment Agreement" means an agreement made pursuant to Minn. Stat. §469.177, Subd. 8, a copy of which is attached as Exhibit B. 1.1.4. "Available Tax Increments" means 75% of those tax increments actually received in the six months preceding each date of payment of the balance of the Tax Increment described in Section 3.3.2 B. from the Redevelopment Property, until the City is reimbursed $287,500 and thereafter 90% of the Increment. 1.1.5. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit E attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.6. "City" means the City of Stillwater, Minnesota. 1.1. 7. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City; and (b) must include at least the following: (i) site plan; (ii) foundation plan; (iii) floor plan for each floor; (iv) elevations (one side); (v) facade and landscape plan; and (vi) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.8. 1.1.9. by the City. "County" means the County of Washington, Minnesota. "Development District" means Municipal Development District No. 1 created 1.1.1 0. "Event of Default" means an action by the Redeveloper described m Section 9.1 ofthis Agreement. 1.1.11. "Holder" means the grantee under any Mortgage. 1.1.12. "Lot" means any Lot within the Plat of Joseph Wolf Brewery addition and CIC No. 214 as on file and of record in the office of the County Recorder or any lot or parcel created by a restated or amended Plat or CIC Declaration. 1.1.13. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans, a general description is attached hereto as Exhibit A. 1.1.14. "11il1.~.'1esota Envirof'.u.q}ental Polic)' .£A:t..ct'' means the stattttes located at ~T1inJ1. Stat. §116D.01 et seq., as amended. -2- 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat. §116B.01 et seq., as amended. 1.1.16. "National Environmental Policy Act" means the federal law located at 42 U.S.C. 4331 et seq., as amended. 1.1.17. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article 5 of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.18. "Permitted Encumbrances" means the encumbrances described in Section 7.2 of this Agreement. 1.1.19. "Plat" means the Joseph Wolf Brewery addition or any restated or amended Plat of the same property if approved by the Stillwater City Council. 1.1.20. "Program" means the development program approved by the City m connection with the creation of the Development District, as it may be amended or modified. 1.1.21. "Project" means the construction of the Minimum Improvements on the Redevelopment Property and the construction of the Public Improvements by the Redeveloper. 1.1.22. the Redeveloper. "Public Improvements" means any public improvements to be constructed by 1.1.23. "Redeveloper" means Stillwater Caves, LLC, a Mim1esota limited liability company, or an assignee permitted by Section 8.1.1 of this Agreement. 1.1.24. "Redevelopment Property" means the property within the Plat of Joseph Wolf Brewery addition with the exception of the Retained Parcel. 1.1.25. "State" means the State ofMinnesota. 1.1.26. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays, shortage of materials, war, terroristic acts, acts of God, or any other cause beyond the reasonable control ofRedeveloper. ARTICLE2 Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the u..ndertaking on its part herein contained: -3- 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of Minn. Stat. §469.124-469.134, known as the City Development District Act. 2.1.3. The City will create Tax Increment District No. 11, a Redevelopment District and will present the District to the Washington County Auditor for certification of the original net tax capacity prior to July 1, 2014. 2.1.4. The City has adopted a Business Subsidy Policy as required by Minn. Stat. §116J.993, et seq., however, the assistance provided pursuant to this Agreement is not a business subsidy pursuant to Minn. Stat. § 1161.993, subd. 3(7) and (17). 2.1.5. As of the date of execution of this Agreement, the City has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the City is aware of no facts, the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.1.6. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of statute, horne rule charter, ordinance, any evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 2.2.2. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. -4- 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.4. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements; except for claims caused by the negligence of the City or its contractors or assigns. ARTICLE3 City and Redeveloper Responsibility Section 3.1. Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to provide Tax Increment Assistance unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by August 15, 2014. 3.1.1. The Redeveloper has funded mortgage financing an owner's equity in at least the amount sufficient to fund the construction of the Minimum Improvements. 3.1.2. The Redeveloper has submitted to the City that executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.1.3. The Redeveloper has received a design permitting special, conditional or planned development permit for the Private Improvements and building permit as required by Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, and the City Council, and the design of the infrastructure and privately constructed utilities have been approved by the City. The City will process any application filed by the Redeveloper expeditiously and in good faith. When lawfully allowed to do so, the City will assist the Redeveloper in obtaining necessary permits from other government agencies. 3.1.4. The Redeveloper executes and delivers to the City the Assessment Agreement attached to this Agreement as Exhibit B. Section 3.2. Limitation on City Financial Obligations. 3.2.1. In no event will the City be obligated to expend any more fn11ds than expressly described in this agreement. -5- 3.2.2. In the event that the Redeveloper has not satisfied all conditions by August 15, 2014, or such other date as the parties agree in writing, this will be an Event of Default. Section 3.3. The City's Promises and Covenants that will Survive the Closing. 3.3.1. The City covenants that the following actions will be taken and during the term of this Agreement. 3.3.2. Tax Increment Assistance. The City provide Tax Increment Assistance in the amount of $1.15 Million to the Redeveloper, if the Assistance can be amortized from Available Tax Increments or the Tax Increment Assistance must be reduced accordingly. The Tax Increment Assistance is provided to reimburse the Redeveloper for a portion of the cost of eligible Site Improvement expenses. Payment of the Tax Increment Assistance will be payable as follows: A. The City agrees to pay $287,500 following satisfaction of all Conditions Precedent to City Actions referenced in Section 3.1, directly to the Redeveloper's construction mortgagee or lender, to be disbursed for construction of the Minimum Improvements. B 1. Provided that no Event of Default has occurred and be continuing hereunder and the balance of the Tax Increment Assistance is payable from Available Tax Increments on each February 1 and August 1, commencing August 1, 2016, provided that the Minimum Improvements are completed by December 31, 2014. B2. The City agrees to issue at the request of the Redeveloper a Tax Increment Note in the amount of $862,500 if the Note can be amortized from Available Tax Increments, at an interest rate of3.25%. C. The sole source of funds, if any, from which the City is obligated to pay the balance of the Tax Increment Assistance is the Available Tax Increments derived from the Redevelopment Property in the six months preceding each date of payment and nothing herein may be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Redeveloper for eligible costs, and in no event shall the City be required to use any of its general funds or other municipal funds for any purpose, including for the purpose of reimbursing the Redeveloper or any of its creditors or assigns. D. The obligation of the City to apply Available Tax Increments to payment of the Tax Increment Assistance terminates on the earlier of: (i) February 1, 2040; (ii) upon the occurrence of an Event of Default hereunder. E. It is the obligation of the Redeveloper or its Mortgage Lender to submit to th,,:::t. ("';f'l:T ;.,.., a f;.,........olu n-'\t::l-rtrtCU"" "l"'t.¥1'"'\A-f-' n..f rt.t:l'l:T"YY"u3nf n..f 11'11"1""1A ·n.~+.a. ;JI""\."1:"'1~ nnrl et;+.c.. \...l..l.\.1 '--d.\.) .Ll_.l_ U U..l...l...l.\,..1..1.)' .l_..l_H.Ull..l.VJ.' _tJJ.VV..l. V.I. t'U.)'..l.l.H.,,_I__l_l,. Vl ..l_(..U..l.U VV.l..l.L\.1 UVVV.U. a.l.lU ~lL\.1 -6- improvement expenses in a format approved by the City Treasurer and as required by the Minnesota Tax Increment Financing Act. Section 3.4. Redeveloper's Responsibility. 3.4.1. Hook-up. As part of the construction of the Minimum Improvements the Redeveloper must connect existing ground water flow from within the redevelopment property to an existing storm sewer stub previously constructed by the City. 3.4.2. As Built Plan. Within sixty (60) days after completion of construction of the Hook-up, the Redeveloper, through its contractor or engineer, must prepare and file with the City a full set of"as built" plans, showing the location of connection and Hook-up. Failure to file the "as built" plans as required by this Section will be grounds for the City to suspend the issuance of certificates of occupancy. 3.4.3. Erosion Control Measures During Construction. The Redeveloper agrees that it will construct erosion control devices in conformance with the approved Construction Plans for the Public and Minimum Improvements. The erosion control plan must protect any ponds, wetlands and the St. Croix River from erosion, pollution and siltation throughout the construction of the Minimum Improvements. Any deficiency or failure of erosion control must be corrected within seventy-two (72) hours of written notice or the City may draw upon the security provided under this Agreement in the amount of the costs incurred in curing the deficiency. 3.4.4. City Regulations. The Redeveloper acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default u.11der this Agreement, including but not limited to, the follm:vi11g regulations: A. A National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained by the Redeveloper or its agent, from the MPCA before grading begins. B. The Redeveloper must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. C. Payment of any fees or charges normally due at the time of issuance of any building permits and payment of any hook-up charges imposed on the Redevelopment Property. 3.4.5. Damage to City, County and State Facilities. The Redeveloper will be responsible for any damage caused to any City, County and State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Redeveloper, its contractors, agents or employees and for any repair or clean-up costs or expenses incurred by the City, County and State in taking remedial action. 3.4.6. Final Insnection. At the written request of the Redeveloper and upon completion of the Minimum Improvements, the City Engineer or designee and the Redeveloper's -7- engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Redeveloper's engineer has submitted a written statement attesting to same, the City Engineer or his designee, will recommend that the Minimum Improvements be accepted by the City. Upon the recommendation of the City Engineer, the City will accept the Minimum Improvements. 3.4.7. Replacement. All work and materials performed and furnished on the Minimum Improvements by the Redeveloper, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, must be repaired or replaced by Redeveloper at Redeveloper's sole expense to the reasonable satisfaction ofthe City. ARTICLE4 Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. 4.1.1. The Redeveloper agrees that it will construct, or cause to be constructed, the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans, Changes. 4.2.1. If the Redeveloper desires to make any material change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Cormnu.nity Development Director. Minor modifications and modifications that do not change the exterior of any structures may be approved by the Community Development Director. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Redeveloper in writing of its approval. Section 4.3. Commencement and Completion of Construction. 4.3.1. The Redeveloper must commence construction of the Minimum Improvements by August 15, 2014, or on the date the parties agree in writing. The Redeveloper must complete this construction by December 31, 2014. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. 4.3.2. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be -8- covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion ofthe Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with Certificate of Completion for the Minimum Improvements for the Phase in the form attached as Exhibit C. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements or the Phase and the dates for the beginning and completion thereof. Section 4.5. Indemnity. 4.5.1. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements by Redeveloper, its agents or assigns. ARTICLES Insurance Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Builder's Risk Insurance, written on the so-called "Builder's Risk-- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. B. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) with limits against bodily injury and property damage of not less than $1,500,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used) . On this policy the City must be named as an additional insured as their interests may appear. -9- C. Worker's compensation insurance, with statutory coverage. 5.1.2. The policies of insurance required pursuant to clauses A. and B. above must be in form and content reasonably satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause A. above will contain an agreement of the insurer to give not less than thirty (30) days advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5 .1.3. All insurance required in Article 5 of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. 5.1.5. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction. To the extent necessary to accomplish the repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. The obligations set forth herein shall terminate with respect to any particular improvements upon issuance of a Certificate of Completion for such improvements. Further, the City will consider favorably a Redeveloper request for an extension of the time limit in this Section pending receipt of insurance proceeds. 5.1.6. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of a certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. -10- 5.1.7. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE6 Real Property Taxes and Assessments Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper and its permitted assigns must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments, if any, payable therewith and thereafter; and, 6.1.2. That prior to the Termination Date, the Redeveloper, its assignees, transferees and successors in title: A. will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Redevelopment Property determined by any tax official to be applicable to the Minimum Improvements or the Redeveloper or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and B. will not seek any tax deferral or abatement, either presently or prospectively authorized under Minn. Stat. §469.181, or any other state or federal law, of the taxation of any real property within the Redevelopment Property between the date of execution of this Agreement and the Termination Date. C. Will not at any time during the term of this Agreement, seek to reduce the market value of the Redevelopment Property below the assessed minimum market value as set forth in the Assessment Agreement. ARTICLE 7 Financing Section 7.1. Financing. 7 .1.1. The Redeveloper must have submitted prior to commencement of construction of the Minimum Improvements evidence of a commitment for fmancing or equity infusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. -11 - Section 7.2. Limitation Upon Encumbrance of Property. 7.2.1. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: A. for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies); B. operating agreements; and C. for the purposes of obtaining funds necessary for constructing tenant required improvements. ARTICLE 8 Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. 8 .1.1. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings for the foregoing reason the Redeveloper may not assign this Agreement or any interest therein, or transfer the Redevelopment Property or any part thereof to any person, firm or corporation, without the express written consent of City. The City's consent may be withheld for any reason. Any transfer of this Agreement through merger, consolidation or liquidation, or any change in ownership of the shares of voting stock or material change in management position of Redeveloper shall constitute an assignment or this Lease, and, as such shall require the prior written consent of the City. This provision does not apply nor does it prohibit an assignment of the Developer's interest in this Agreement to an entity that is wholly owned by the current principals of the Developer. -12- ARTICLE9 Events of Default Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.3. Failure by the Redeveloper to satisfy all conditions precedent to City as set forth in Section 3.1 by August 15, 2014, unless waived in writing by the City. 9.1.4. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Section 3.1 of this Agreement. ~.1.::>. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any covenant or undertaking of this Agreement. 9.1.6. The Redeveloper makes any changes to the Construction Plans of the Public or Minimum Improvements without approval of the City of any permit or approval described in Section 3 .1.3 of this Agreement. 9.1.7. The Redeveloper constructs Minimum Improvements that are materially different from the Minimum Improvements described in the approved Construction Plans, and the changes have not been approved in writing by the City. 9.1.8. A. B. The Redeveloper: files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; makes an assignment for the benefit of its creditors; adrriits in V\Tith~g its inabili-ry to pay its debts generally as they become due; or -13- D. is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take any one or more of the following actions: 9.2.1. Suspend its performance under the Agreement. 9.2.2. Terminate this Agreement and the obligation to pay over the Available Tax Increments to the holder of any Tax Increment Bond. 9 .2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 9.2.6. Notwithstanding any provision of Section 9.2 or any subpart, or Section 3.8.4C, the City will continue to pay to the holders any Tax Increment Bond, or other instrument issued pursuant to Section 3.3.2, the principal and interest on the Tax Increment Bond during any period of default if real estate taxes and installments of special assessments due and payable on the Redevelopment Property are paid before they become delinquent. Section 9.3. No Remedy Exclusive. 9.3.1. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised froni time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article 9. Section 9.4. No Additional Waiver Implied by One Waiver. 9.4.1. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. -14- ARTICLE 10 Additional Provisions Section 10.1. Conflict oflnterests; City Representatives Not Individually Liable. 10.1.1. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 1 0.2. Equal Emplovment Opportunity. 10.2.1. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 1 0.3. Titles of Articles and Sections. 10.3.1. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. 10.4.1. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. in the case of the Redeveloper, is addressed to or delivered personally to; and ---------------------------------------------------- B. in the case of the City, is addressed to or delivered personally to the City Administrator at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.5. Counterparts. 1 0.5.1. This Agreement may be executed in any number of counterparts, each of which will constitute one and the same instrument. -15- IN WI1NESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILL WATER By ____________________________ _ Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STILL WATER CAVES, LLC a Minnesota limited liability company By ____________________________ _ Its ------------------------------ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of , 2013, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILL WATER, Minnesota, a Minnesota municipal corporation. Notary Public -16- STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of , 2013, by , the , duly authorized agent for the Redeveloper, STILLWATER CAVES, LLC. Notary Public -17- EXHIBIT A Redevelop the historic Joseph Wolf Block into a 37 room boutique hotel, a 60-80 seat restaurant, and up to 4,000 square feet of retail space. EXHIDITB ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND STILLWATER CAVES, LLC A MINNESOTA LIMITED LIABILITY COMPANY WASHINGTON COUNTY, MINNESOTA AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the __ day of , 2013, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), and Stillwater Cave, LLC (the "Owners"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and the Owner, entered into a Contract for Private Redevelopment ("Redevelopment Contract") for the real property located in the City of Stillwater hereinafter referred to as the "Project" and legally described as Joseph Wolf Brewery addition, Washington County, Minnesota; and WHEREAS, the City and Redeveloper to established a mm1mum market value for Redevelopment Property and the Minimum Improvements constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the plans for the Minimum Improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2015, the minimum market value of the Property Project shall be not less than Nine Million Three Hundred Thirty-three Thousand Seven Hundred Two and no/100 Dollars ($9,333,702.00). The parties expect that construction of Minimum Improvements will be substantially completed by December 31,2014. 2. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered such supplements hereto and such further instruments as may be reasonably required for correcting any inadequate or incorrect description of the project or for carrying out the expressed intention of this Agreement. 3. The minimum market value shall be of no further force and effect and this Agreement shall terminate on (i) the date when the Redevelopment Contract either expires or terminates and in no event shall this Agreement have any force or effect after December 31, 2040. 4. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy ofMinnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule A hereto. 5. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 7. This Agreement shall be governed by and construed in accordance with the laws of the State ofMinnesota. CITY OF STILLWATER By ____________________________ __ Ken Harycki, Its Mayor By ______________________________ _ Diane F. Ward, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of , 2013, before me a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public -2- Stillwater Caves, LLC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of ___________ , 2013, by Stillwater Caves, LLC. Drafted by: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082-5165 651-4 3 9-9464 (phone) Notary Public -3- SCHEDULE A TO ASSESSMENT AGREEMENT CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the improvements to constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of property in Washington County, Minnesota, hereby certifies that the market value assigned to the land and improvements are reasonable, with regard to the property legally described as: Joseph WolfBrewery addition. County Assessor, Washington County STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of ____ _ 2013, by , the County Assessor of the County of Washington. Notary Public SCHEDULE B TO ASSESSMENT AGREEMENT CONSENT TO ASSESSMENT AGREEMENT BY MORTGAGE HOLDER --,--,----::----:------(the "Lender"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Redevelopment Property at a foreclosure sale or acquires the Redevelopment Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Redeveloper, it and its respective successor and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Redevelopment Property shall be maintained throughout the term of the Assessment Agreement. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf of this __ day of 2013. LENDER: By ____________________________ ___ Its ______________ _ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of ______ , 2013, by , the of ------------~--on behalf of the Lender. Notary Public EXHIBITC CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment ("Contract") with Stillwater Caves, LLC, a Minnesota corporation (the "Redeveloper"), dated as of , 2013, (the "Agreement") and recorded in the Office of the County Recorder in and for the County of Washington and State of Minnesota, as Document Number , which provided for the Redevelopment of the following land described in Exhibit A in the County of Washington and the State ofMinnesota, (the "Property"), NOW THEREFORE, this is to certifY that all building construction and other physical improvements specified to be done and made by the Redeveloper has been completed in accordance with the Contract, all lawful Codes, Laws, Rules and Ordinances now in effect. Dated this __ dayof ____ , 2013. CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of November, 2013, by Ken Harycki, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public ORDINANCE NO. AN ORDINANCE ESTABLISHING A WATER MANAGEMENT TAX DISTRICT THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. THE CITY. The City of Stillwater, Washington County, Minnesota, is an Home Rule City of the Third Class and unit of local government within which is located territory that is within the Middle St. Croix Water Management Organization (WMO). 2. THE WMO. The Middle St. Croix Water Management Organization has adopted a Plan in accordance with Section 1 03B.231 of the Minnesota Statutes and the City has adopted the Plan within the meaning ofMinnesota Statute §103B.235. 3. ANNUAL LEVY. By this Ordinance the City may annually levy a tax on all taxable property within the City that is also within the WMO (the District) for the purpose of paying capital costs of the Water Management Facilities described in the Capital Improvement Program of the Plan and for the purpose of paying for normal and routine maintenance of the Facilities. 4. AREA INCLUDED. The Territory and area within the City that is to be included in the District is described on the map attached to this Ordinance as Exhibit A legally described in Exhibit B. A list of all parcels within the WMO is available for inspection during normal business hours at City Hall. 5. SPECIAL FUND. The proceeds of the tax shall be paid into a fund reserved for the purposes set forth in this Ordinance. Any proceeds remaining in the reserve fund at the time the tax is terminated or the District is dissolved shall be transferred in irrevocably pledged to the debt service fund of the City to be used solely to reduce tax levies for bond indebtedness of taxable property in the District. 6. ADOPTION AND FUNDING. After adoption of this Ordinance the Ordinance shall be filed with the County Auditor and the County Recorder of Washington County and will be effective for taxes payable in the year 2014. It is intended that the City have all the authority of a local government ru1it as described and set forth in Minnesota Statutes §103B.245. 7. EFFECTIVE DATE. This Ordinance shall be and is hereby declared to 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 5th day of November, 2013. CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk 2 EXHIBIT A MSCWMO JURISIDICTIONAL SOU R21\V R...">>W Rl9W n2N n2N R22W R2tW R20W Vici nity Map + 0 2400 Scale in Feet tlll&~"'tllfrnutd•"""'PWirln trii!Fcpt'Cld>.x:t.c.'tOIIllll'ld~:oo;:a:t.q­ .-~_...,.WnhingfonOcl<d'f<ll'l"aL Th•G<~..nc..'dt-........:ftrx..t•­ ~fn/·W•~CoiO'Ityio ..... -pcllli:!Mb...,lr«:cw-. Sou'ccWNI'i1;toi!Co...:tySurfeya'IOI!Ie-. Pll<lfi•(I61)4)0-M75 l"'l''*ll~c..donM«<IWu,..tk>fl CU'Mirttlll""''jlj:S.pe.t'nt.r!I0,201:S """';wrtK lb-., 13, :J:ltl EXHIBIT B That part of the SW1/4 of Section 20 lying southerly of the following described line: Beginning at the southwest corner of said SW1/4; thence east along the south line of said SW1/4 to the southwest corner of Lot 16, Block 1, OAK GLEN 12TH ADDITION; thence northerly along the west line of said Block 1 to the northwest corner of Lot 14 of said Block 1; thence easterly and northerly along the northerly and northwesterly lines of Lots 14, 13, 12 and 11 of said Block 1 to the northerly most corner of said Lot 11; thence northeasterly to the southeast corner of Lot 36, Block 1, OAK GLEN 13TH ADDITION and the westerly right of way line ofThorene Place; thence northeasterly, easterly and southerly along the right of way line of said Thorene Place to the northerly most corner of Lot 42 of said Block 1; thence southeasterly along the north line of said Lot 42, to the westerly line of OAK GLEN 6TH ADDITION; thence northeasterly along said westerly line to the northerly most corner of said Block 1; thence southeasterly to the northerly most corner of Lot 35 of said Block 1; thence southerly along the westerly line of said Lot 35 to the northerly right of way line of Lecuyer Circle; thence easterly and southerly along said right of way line to the southwest corner of Lot 33 of said Block 1, thence east along the south line of said Lot 33 to the west line of Lot 30 of said Block 1; thence southeasterly along said west line to the northerly right of way line of Lecuyer Court; thence easterly and southerly along said right of way line to the northerly most corner of Lot 27 of said Block 1; thence southeasterly to the most easterly corner of said Lot 27; thence southwesterly to the most southerly corner of said Lot 27, and the northerly right of way line of Lecuyer Drive; thence southeasterly along said right of way line to the northwest corner of Lot 23 of said Block 1; thence northeasterly along the northerly line of said Lot 23 to the easterly line of said Block 1; thence southeasterly along said easterly line of Block 1 to the south line of said SW1/4 thence east along said south line to the southeast corner of said SW1/4, and said line there terminating. That part of the SE1/4 of Section 20 lying southerly, westerly and easterly of the following described line: Beginning at the southwest corner of said SE1/4; thence east along the south line of said SE1/4 to the centerline of McKusick Road; thence northerly 800 feet, more or less, along said centerline to its intersection with the centerline of McKusick Road Lane; thence easterly along the centerline of said McKusick Road Lane to its intersection with the southerly extension of west line of Block 1, THE GARDENS 2ND ADDITION; thence northerly along said west line of Block 1 and the southerly extension thereof, to the northwest corner of said Block 1; thence northeasterly f!long the north line of said Block 1, to the northeast corner of said Block 1; thence southerly along the easterly line of said Block 1 to the south line of SE1/4; thence east along said south line to the west line of Block 4, OAK GLEN, thence northerly along the west line of said Block 4 to the northwest corner of Lot 15 of said Block 4; thence northeasterly along the north line of said Lot 15 and the northeasterly extension thereof, to a point on the west line of Lot 9, Block 5, OAK GLEN; thence northwesterly along said west line to the northwest corner of said Lot 9; thence easterly along the north line of said Lot 9 to the east line of said Block 5; thence northerly, easterly and northerly along said east line to the south line of DALLAGER ESTATES; thence northerly along the east line of said Lot 9 to the northeast corner of said Lot 9, and the easterly right of way line of Dallager Court; thence northerly along said right of way line of Dallager Court to the northwest corner of Lot 8 of said Block 1, thence east along the north line of said Lot 8 to the northeast corner of said Lot 8, thence northeasterly along the northwesterly line of Lot 6 of said Block 1 and the extension thereof, to the centerline of Old Stonebridge Trail; thence southeasterly along said centerline to the east line of said SEl/4, and said line there terminating. That part of the SWl/4 of Section 211ying southerly, easterly and westerly of the following described line; Beginning at a point where the centerline of West Sycamore Street intersects the west line of said SWl/4; thence easterly along said centerline to its intersection with the northerly extension of the west line of Block 7, COOPER'S ADDITION; thence south along said west line and the northerly extension thereof, to the northerly right of way line of West St. Croix Avenue; thence easterly along said right of way line to its intersection with the northerly extension of the west l ine of Lot 12, Block 6, COOPER'S ADDITION; thence south along the west line of Lots 12-8 of said Block 6 and the northerly extension thereof, to the north line of LUX'S MEADOWVIEW ADDITION; thence east along said north line to the northeast corner of LUX'S MEADOWVIEW ADDITION; thence south along the east line of LUX'S MEADOWVIEW ADDITION and southerly extension thereof, to the centerline of West Stillwater Avenue; thence east along said centerline to the centerline of North Owens Street; thence continuing east along the centerline of vacated Stillwater Avenue to its intersection with the southerly extension of the centerline of North Carnelian Street; thence north along the centerline of North Carnelian Street and the southerly extension thereof, to the north line of COOPER'S ADDITION; thence easterly along said north line to the southeast corner of the NWl/4 of said SWl/4, thence north along the east line of said NWl/4 of the SW1/4 to the north line of said SW1/4, and said line there terminating. That part of the SE1/4 Section 211ying westerly and southerly of the following described line: Beginning at NW1/4 of lot said SE1/4 thence east along the north line of said SEl/4 to a point where the centerline of North Second Street intersects the north line of said SEl/4; thence south along said centerline to its intersection with the westerly extension of the north line of the south 9.43 feet of vacated East Spruce Street as platted in CARLl AND SCHULENBURG'S ADDITION; thence east along said north line and easterly extension thereof, to the centerline of North First Street; thence north along said centerline to the centerline of Ridge Lane Drive; thence east and northeasterly along the centerline of said Ridge Lane Drive to the south line of Lot 23, Block 32, CARLl AND SCHULENBURG'S ADDITION; thence east along said south line of Lot 23 and the easterly extension thereof, to the east shore of the St. Croix River, and said line there terminating. All of Section 27 All of Section 28 That part of the Nl/2 of Section 29 lying easterly, northerly and southerly of the following described line: Beginning at the northwest corner of Lot 1, Block 1, TROLLEY TRAIL ACRES; thence southerly along the west line of said Block 1 to the southwest corner of Lot 3 of said Block 1; thence east along the south line of said Lot 3 to the west line of Block 1, VALLEY HIGH ESTATES; thence southerly along said west line to the southwest corner of Lot 2 of said Block 1, thence easterly along the south line of said Lot 2 to the southeast corner of said Lot 2; thence northeasterly to the northwest corner of Lot 7 of said Block 1; thence east along the north line of said Lot 7 to the east line of said plat of VALLEY HIGH ESTATES; thence south along said east line to the southeast corner of said plat; thence northwesterly along the southerly line of said plat to the west line of easterly 11.5 rods of the SWl/4 of NW1/4; thence south along the west line of said easterly 11.5 rods to the south line of said N1/2 and said line there terminating. That part of the S1/2 of Section 29 lying easterly and northerly of the following described line: Beginning at the northwest corner of Lot 1, Block 2, CROIXWOOD SEVENTH ADDITION; thence southerly along the west line of said Lot 1 to the southwest corner of said Lot 1; thence southwesterly to the northwest corner of Lot 17, Block 3, CROIXWOOD SEVENTH ADDITION; thence southerly along the west line of Lots 17, 16 and 15 of said Block 3 to the southwest corner of Lot 15 of said Block 3; thence easterly along the south line of said Lot 15 to the southeast corner of said Lot 15, thence easterly to the northwest corner of Lot 4, Block 4, CROIXWOOD SEVENTH ADDITION; thence easterly along the north line of said Lot 4 to the east line of CROIXWOOD SEVENTH ADDITION, thence south along said east line to the northerly line of FAIRMEADOWS NO.3; thence easterly, southerly and easterly along said northerly line to the northeast corner of Lot 4, Block 1, FAIRMEADOWS NO. 3; thence southerly along the east line of said Lot 4 to the northeast corner of Lot 3, of said Block 1; thence southwesterly along the northerly line of said Lot 3 to the easterly right of way line of Laurie Court; thence southerly along said easterly right of way line to the northerly line FAIRMEADOWS NO.1; thence easterly along said northerly line to its intersection with the northerly extension ofthe west line of Lot 32, Block 1, FAIRMEADOWS NO. 1; thence southerly along the west line of Lots 32, 31 and 30 of said Block 1 and the northerly extension thereof, to the southwest corner of said Lot 30; thence easterly along the south line of said Lot 30 and the easterly extension thereof, to the centerline of Hanson Place; thence southerly along said centerline to the centerline of Oak Ridge Road; thence east along said centerline of Oak Ridge Road to its intersection with the northerly extension of the east line of Lot 3, Block 1, FAIRMEADOWS NO.1; thence south along said east line and the northerly extension thereat to the south line of said S1/2, and said line there terminating. That part of the NW1/4 of Section 32 lying easterly of the centerline of Stillwater Boulevard and southerly of the following described line: Beginning at a point on the east line of said NW1/4, said point being 169.09 feet southerly of the northeast corner of said NW1/4; thence northwesterly to a point on the centerline of Stillwater Boulevard; thence southwesterly to a point 215 feet, more or less, southwesterly ofthe intersection of said centerline and the north line of said NWl/4, and said line there terminating. That part of NEl/4 of Section 321ying easterly and northerly of the following described line: Beginning at the intersection of the easterly line of Block 2, THE HIGHLANDS OF STILLWATER 5TH ADDITION, and the south line of said NE1/4; thence northeasterly along said easterly line of Block 2 to the southwest corner of Lot 3 of said Block 2; thence northerly along the westerly line of said Lot 3 to the southerly right of way line of Trotter Court; thence easterly, northerly and westerly along the right of way line of said Trotter Court to the southwest corner of Lot 1, Block 1, THE HIGHLANDS OF STILLWATER 5TH ADDITION and the easterly right of way line of Driving Park Road; thence northerly and westerly along the right of way line of said Driving Park Road to the southeast corner of Lot 1, Block 2, THE HIGHLANDS OF STILLWATER 6TH ADDITION; thence northerly along the easterly line of said Lot 1 to the southeast corner of Block 3, THE HIGHLANDS OF STILLWATER 4TH ADDITION; thence northerly and westerly along the easterly line of said Block 3 to the northwesterly corner of Lot 1 of said Block 3; thence southerly along the westerly line of said Lot 1 to the northerly right of way line Benson Boulevard East; thence westerly along the right of way line of said Benson Boulevard East to its intersection with the easterly right of way line of Gilbert Court; thence northerly and westerly along the right of way line of said Gilbert Court to its intersection with the northerly line of Block 1, THE HIGHLANDS OF STILLWATER 3R 0 ADDITION; thence westerly along said northerly fine to the northwest corner of said Block 1; thence southerly along the westerly line of said THE HIGHLANDS OF STILLWATER 3RD ADDITION and the west line of Lot 11, Block 1, THE HIGHLANDS OF STILLWATER 2ND ADDITION to the northeasterly corner of Lot 10 of said Block 1; thence west along the north line of said Block 1, to the west line of said NE1/4, and said line there terminating. That part of the E1/2 of the S1/2 of Section 32 lying southerly and easterly of the following described line: Beginning at the SW1/4 of the SE1/4 of said section; thence north along the west line of the SEl/4 to the northwest corner of Lot 7, Block 3, FEELEY'S ADDITION; thence easterly along the northerly line of said Lot 7 to the east line of the westerly 29 .28 feet of Lot 2 of said Block 3; thence northerly along said easterly line and the northerly extension thereof, to the centerline of Curve Crest Boulevard; thence easterly along said centerline to its intersection with the centerline of West Orleans Street; thence northerly along the centerline of said West Orleans Street to its intersection with the westerly extension of southerly line of Outlot C, FEELEY'S ADDITON; thence easterly along said southerly line and the extension thereof, to the southeast corner of said Outlot C; thence northerly along the east line of said Outlot C to the north line of said 51/2, and said line there terminating. All of Section 33 All of Section 34 Final Draft November 19,2013 CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND STILLWATER CAVES,LLC A MINNESOTA LIMITED LIABILITY COMPANY This document was drafted by: David T.Magnuson Magnuson Law Firm 324 Main Street South,#260 Stillwater,MN 55082-5165 651/439-9464 TABLE OF CONTENTS Section 1.1. Definitions 2 Section 2.1. Representations by the City. 4 Section 2.2. Representations and Warranties by the Redeveloper 4 Section 3.1. Conditions Precedent to City Actions. 5 Section 3.2. Limitation on City Financial Obligations. 6 Section 3.3. The City's Promises and Covenants that will Survive the Closing. 6 Section 3.4. Redeveloper's Responsibility. 7 Section 4.1. Construction of Minimum Improvements. 8 Section 4.2. Construction Plans,Changes. 8 Section 43. Commencement and Completion of Construction 9 Section 4.4. Certificate of Completion. 9 Section 4.5. Indemnity. 9 Section 5.1. Insurance. 9 Section 6.1. Real Property Taxes. 11 Section 7.1. Financing 12 Section 7.2. Limitation Upon Encumbrance of Property 12 Section 8.1. Representation as to Redevelopment. 12 Section 9.1. Events of Default Defined. 13 Section 9.2. Remedies on Default. 14 Section 9.3. No Remedy Exclusive 15 Section 9.4. No Additional Waiver Implied by One Waiver. 15 Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 15 Section 10.2. Equal Employment Opportunity. 15 Section 10.3. Titles of Articles and Sections. 15 Section 10.4. Notices and Demands. 15 Section 10.5. Counterparts. 16 Exhibit A Redeveloper Minimum Improvements Exhibit B Assessment Agreement Exhibit C Certificate of Completion -i- CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, (the "Redevelopment Contract") effective the day of , 2013 between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and STILLWATER CAVES, LLC (the "Redeveloper"), a Minnesota limited liability company, having its principal office at 7651 Old Central Avenue N.E.,Fridley,Minnesota. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development District Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS,the Council of the City has adopted a development program(the"Program") pursuant to the Municipal Development District Act; and has established a development district (the "Development District") pursuant to the Municipal Development District Act; and will establish Tax Increment Financing District No. 11 (the "Financing District") and adopted a Tax Increment Financing Plan (the "Plan") also pursuant to Minn. Stat. §469.174 through §469.179 of the State of Minnesota;and WHEREAS, the major objectives of the Council in establishing the Development District were to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment;and WHEREAS, the City believes that the development and redevelopment of the Development District and the Financing District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program and the tax increment financing plan is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act"means collectively the Municipal Development District Act,Minn. Stat. §469.124 et seq.,as amended, and Minn. Stat. §469.174 through §469.179. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified,amended,or supplemented. 1.1.3. "Assessment Agreement" means an agreement made pursuant to Minn. Stat. §469.177, Subd. 8,a copy of which is attached as Exhibit B. 1.1.4. "Available Tax Increments" means 75% of those tax increments actually received in the six months preceding each date of payment of the balance of the Tax Increment described in Section 3.3.2 B. from the Redevelopment Property, until the City is reimbursed $287,500 and thereafter 90%of the Increment. 1.1.5. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit E attached to and made a part of this Agreement, provided to the Redeveloper,pursuant to Section 4.4 of this Agreement. 1.1.6. "City"means the City of Stillwater, Minnesota. 1.1.7. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a)are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City; and (b)must include at least the following: (i)site plan; (ii) foundation plan; (iii) floor plan for each floor; (iv) elevations (one side); (v)facade and landscape plan; and (vi) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.8. "County"means the County of Washington,Minnesota. 1.1.9. "Development District" means Municipal Development District No. 1 created by the City. 1.1.10. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.11. "Holder"means the grantee under any Mortgage. 1.1.12. "Lot" means any Lot within the Plat of Joseph Wolf Brewery addition and CIC No. 214 as on file and of record in the office of the County Recorder or any lot or parcel created by a restated or amended Plat or CIC Declaration. -2 - 1.1.13. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans, a general description is attached hereto as Exhibit A. 1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. §116D.01 et seq., as amended. 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat. §116B.01 et q., as amended. 1.1.16. "National Environmental Policy Act" means the federal law located at 42 U.S.C. 4331 et seq., as amended. 1.1.17. "Net Proceeds"means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article 5 of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel)incurred in the collection of the proceeds. 1.1.18. "Permitted Encumbrances" means the encumbrances described in Section 7.2 of this Agreement. 1.1.19. "Plat" means the Joseph Wolf Brewery addition or any restated or amended Plat of the same property if approved by the Stillwater City Council. 1.1.20. "Program" means the development program approved by the City in connection with the creation of the Development District,as it may be amended or modified. 1.1.21. "Project" means the construction of the Minimum Improvements on the Redevelopment Property and the construction of the Public Improvements by the Redeveloper. 1.1.22. "Public Improvements" means any public improvements to be constructed by the Redeveloper. 1.1.23. "Redeveloper" means Stillwater Caves, LLC, a Minnesota limited liability company,or an assignee permitted by Section 8.1.1 of this Agreement. 1.1.24. "Redevelopment Property"means the property within the Plat of Joseph Wolf Brewery addition with the exception of the Retained Parcel. 1.1.25. "State"means the State of Minnesota. 1.1.26. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays, shortage of materials, war, terroristic acts, acts of God, or any other cause beyond the reasonable control of Redeveloper. -3 - ARTICLE 2 Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of Minn. Stat. §469.124 — 469.134, known as the City Development District Act. 2.1.3. The City will create Tax Increment District No. 11, a Redevelopment District and will present the District to the Washington County Auditor for certification of the original net tax capacity prior to July 1, 2014, and will elect that fiscal disparity payments will not be the obligation of the District. 2.1.4. The City has adopted a Business Subsidy Policy as required by Minn. Stat. §1161993, et seq., however, the assistance provided pursuant to this Agreement is not a business subsidy pursuant to Minn. Stat. §116J.993, subd. 3(7)and(17). 2.1.5. As of the date of execution of this Agreement, the City has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the City is aware of no facts, the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.1.6. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of statute, home rule charter, ordinance, any evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. This will not warrant the conduct of tenants that might occupy the Minimum Improvements under a lease or operating agreement. -4- 2.2.2. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.4. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements; except for claims caused by the negligence of the City or its contractors or assigns. ARTICLE 3 City and Redeveloper Responsibility Section 3.1. Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to provide Tax Increment Assistance unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon,all of which must be satisfied or waived in writing by August 15, 2014. 3.1.1. The Redeveloper has funded mortgage financing or owner's equity in at least the amount sufficient to fund the construction of the Minimum Improvements. 3.1.2. The Redeveloper has submitted to the City that executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.1.3. The Redeveloper has received a design permitting special, conditional or planned development permit for the Private Improvements and building permit as required by Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, and the City Council, and the design of the infrastructure and privately constructed utilities have been approved by the City. The City will process any application filed by the Redeveloper -5 - expeditiously and in good faith. When lawfully allowed to do so, the City will assist the Redeveloper in obtaining necessary permits from other government agencies. 3.1.4. The Redeveloper executes and delivers to the City the Assessment Agreement attached to this Agreement as Exhibit B. It is agreed, that at the request of the Redeveloper, and after the City has been reimbursed the up-front increment described in the Section 3.2.2.A., the market value initially established in the Assessment Agreement may be adjusted to reflect the then current value. Section 3.2. Limitation on City Financial Obligations. 3.2.1. In no event will the City be obligated to expend any more funds than expressly described in this agreement. 3.2.2. In the event that the Redeveloper has not satisfied all conditions by August 15, 2014, or such other date as the parties agree in writing,this will be an Event of Default. Section 3.3. The City's Promises and Covenants that will Survive the Closing. 3.3.1. The City covenants that the following actions will be taken and during the term of this Agreement. 3.3.2. Tax Increment Assistance. The City will provide Tax Increment Assistance in the amount of $1.15 Million to the Redeveloper, if the Assistance can be amortized from Available Tax Increments or the Tax Increment Assistance must be reduced accordingly. The Tax Increment Assistance is provided to reimburse the Redeveloper for a portion of the cost of eligible Site Improvement expenses. Payment of the Tax Increment Assistance will be payable as follows: A. The City agrees to pay $287,500 (the "Upfront Payment") following satisfaction of all Conditions Precedent to City Actions referenced in Section 3.1, directly to the Redeveloper's construction mortgagee or lender,to be disbursed for construction of the Minimum Improvements. B 1. Provided that no Event of Default has occurred and be continuing hereunder and the balance of the Tax Increment Assistance is payable from Available Tax Increments on each February 1 and August 1, commencing August 1, 2016, if the Minimum Improvements are completed by December 31, 2014 or commencing on August 1, 2017, if the Minimum Improvements are completed after December 31, 2014 and before August 15,2015. B2. The City agrees to issue at the request of the Redeveloper a Tax Increment Note in the amount of $862,500 if the Note can be amortized from Available Tax Increments,at an interest rate of 3.25%. C. The sole source of funds, if any, from which the City is obligated to pay the balance of the Tax Increment Assistance is the Available Tax Increments derived from the Redevelopment Property in the six months -6 - preceding each date of payment and nothing herein may be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Redeveloper for eligible costs, and in no event shall the City be required to use any of its general funds or other municipal funds for any purpose, including for the purpose of reimbursing the Redeveloper or any of its creditors or assigns. D. The obligation of the City to apply Available Tax Increments to payment of the Tax Increment Assistance terminates on the earlier of: (i) February 1, 2040; (ii) upon the occurrence of an Event of Default hereunder. E. It is the obligation of the Redeveloper or its Mortgage Lender to submit to the City in a timely manner,proof of payment of land write down and site improvement expenses in a format approved by the City Treasurer and as required by the Minnesota Tax Increment Financing Act. Section 3.4. Redeveloper's Responsibility. 3.4.1. Hook-up. As part of the construction of the Minimum Improvements the Redeveloper must connect existing ground water flow from within the redevelopment property to an existing storm sewer stub previously constructed by the City. The Redeveloper's obligation to establish this connection is limited to the sum of$25,000 of costs. 3.4.2. As Built Plan. Within sixty (60) days after completion of construction of the Hook-up,the Redeveloper,through its contractor or engineer, must prepare and file with the City a full set of"as built"plans, showing the location of connection and Hook-up. Failure to file the "as built"plans as required by this Section will be grounds for the City to suspend the issuance of certificates of occupancy. 3.4.3. Erosion Control Measures During Construction. The Redeveloper agrees that it will construct erosion control devices in conformance with the approved Construction Plans for the Public and Minimum Improvements. The erosion control plan must protect any ponds, wetlands and the St. Croix River from erosion, pollution and siltation throughout the construction of the Minimum Improvements. Any deficiency or failure of erosion control must be corrected within seventy—two (72) hours of written notice or the City may draw upon the security provided under this Agreement in the amount of the costs incurred in curing the deficiency. 3.4.4. City Regulations. The Redeveloper acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default under this Agreement, including but not limited to,the following regulations: A. A National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained by the Redeveloper or its agent,from the MPCA before grading begins. -7- B. The Redeveloper must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. C. Payment of any fees or charges normally due at the time of issuance of any building permits and payment of any hook—up charges imposed on the Redevelopment Property. 3.4.5. Damage to City, County and State Facilities. The Redeveloper will be responsible for any damage caused to any City, County and State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Redeveloper, its contractors, agents or employees and for any repair or clean-up costs or expenses incurred by the City,County and State in taking remedial action. 3.4.6. Final Inspection. At the written request of the Redeveloper and upon completion of the Minimum Improvements,the City Engineer or designee and the Redeveloper's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Redeveloper's engineer has submitted a written statement attesting to same,the City Engineer or his designee, will recommend that the Minimum Improvements be accepted by the City. Upon the recommendation of the City Engineer,the City will accept the Minimum Improvements. 3.4.7. Replacement. All work and materials performed and furnished on the Hook- up by the Redeveloper, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, must be repaired or replaced by Redeveloper at Redeveloper's sole expense to the reasonable satisfaction of the City. ARTICLE 4 Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. 4.1.1. The Redeveloper agrees that it will construct, or cause to be constructed, the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof,in good repair and condition. Section 4.2. Construction Plans, Changes. 4.2.1. If the Redeveloper desires to make any material change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications and modifications that do not change the exterior of any structures may be approved by the Community Development Director. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Redeveloper in writing of its approval. - 8 - Section 4.3. Commencement and Completion of Construction. 4.3.1. The Redeveloper must commence construction of the Minimum Improvements by August 15, 2014, or on the date the parties agree in writing. The Redeveloper must complete this construction by December 31, 2014. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. 4.3.2. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with Certificate of Completion for the Minimum Improvements in the form attached as Exhibit C. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Section 4.5. Indemnity. 4.5.1. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements by Redeveloper, its agents or assigns except for the negligent acts of the City or its contractors or assigns. ARTICLE 5 Insurance Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: - 9- A. Builder's Risk Insurance, written on the so-called `Builder's Risk-- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. B. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) with limits against bodily injury and property damage of not less than $1,500,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used) . On this policy the City must be named as an additional insured as their interests may appear. C. Worker's compensation insurance,with statutory coverage. 5.1.2. The policies of insurance required pursuant to clauses A. and B. above must be in form and content reasonably satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause A. above will contain an agreement of the insurer to give not less than thirty (30) days advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.3. All insurance required in Article 5 of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. 5.1.5. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction. To the extent necessary to accomplish the repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance - 10- relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. The obligations set forth herein shall terminate with respect to any particular improvements upon issuance of a Certificate of Completion for such improvements. Further, the City will consider favorably a Redeveloper request for an extension of the time limit in this Section pending receipt of insurance proceeds. 5.1.6. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of a certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. 5.1.7. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE 6 Real Property Taxes and Assessments Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper and its permitted assigns must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments,if any,payable therewith and thereafter; and, 6.1.2. That prior to the Termination Date, the Redeveloper, its assignees, transferees and successors in title: A. will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Redevelopment Property determined by any tax official to be applicable to the Minimum Improvements or the Redeveloper or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and B. will not seek any tax deferral or abatement, either presently or prospectively authorized under Minn. Stat. §469.181, or any other state or federal law, of the taxation of any real property within the Redevelopment Property between the date of execution of this Agreement and the Termination Date. - 11 - C. Will not at any time during the term of this Agreement, seek to reduce the market value of the Redevelopment Property below the assessed minimum market value as set forth in the Assessment Agreement. ARTICLE 7 Financing Section 7.1. Financing. 7.1.1. The Redeveloper must have submitted prior to commencement of construction of the Minimum Improvements evidence of a commitment for financing or equity infusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. Section 7.2. Limitation Upon Encumbrance of Property. 7.2.1. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any fmancing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: A. for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies); B. operating agreements;and C. for the purposes of obtaining funds necessary for constructing tenant required improvements and operating costs. ARTICLE 8 Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. 8.1.1. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for - 12 - practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings for the foregoing reason the Redeveloper may not assign this Agreement or any interest therein, or transfer the Redevelopment Property or any part thereof to any person, firm or corporation, without the express written consent of City. The City's consent may be withheld for any reason. Any transfer of this Agreement through merger, consolidation or liquidation, or any change in ownership of the shares of voting stock or material change in management position of Redeveloper shall constitute an assignment or this Lease, and, as such shall require the prior written consent of the City. This provision does not apply nor does it prohibit an assignment of the Developer's interest in this Agreement to an entity that is wholly owned by the current principals of the Developer, nor will this provision prohibit the assignment of the TIF note to third parties. ARTICLE 9 Events of Default Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.3. Failure by the Redeveloper to satisfy all conditions precedent to City as set forth in Section 3.1 by August 15,2014, unless waived in writing by the City. 9.1.4. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Section 3.1 of this Agreement. 9.1.5. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any covenant or undertaking of this Agreement. - 13 - 9.1.6. The Redeveloper makes any changes to the Construction Plans of the Public or Minimum Improvements without approval of the City of any permit or approval described in Section 3.1.3 of this Agreement. 9.1.7. The Redeveloper constructs Minimum Improvements that are materially different from the Minimum Improvements described in the approved Construction Plans, and the changes have not been approved in writing by the City. 9.1.8. The Redeveloper: A. files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; B. makes an assignment for the benefit of its creditors; C. admits in writing its inability to pay its debts generally as they become due; or D. is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take any one or more of the following actions: 9.2.1. Suspend its performance under the Agreement. 9.2.2. Terminate this Agreement and the obligation to pay over the Available Tax Increments to the holder of any Tax Increment Bond. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 9.2.6. Notwithstanding any provision of Section 9.2 or any subpart, or Section 3.8.4C, the City will continue to pay to the holders any Tax Increment Bond, or other instrument issued pursuant to Section 3.3.2,the principal and interest on the Tax Increment Bond during any period of default if real estate taxes and installments of special assessments due and payable on the Redevelopment Property are paid before they become delinquent. - 14- Section 9.3. No Remedy Exclusive. 9.3.1. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article 9. Section 9.4. No Additional Waiver Implied by One Waiver. 9.4.1. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 10 Additional Provisions Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 10.1.1. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity. 10.2.1. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Titles of Articles and Sections. 10.3.1. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. 10.4.1. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently - 15 - given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. in the case of the Redeveloper, is addressed to or delivered personally to; and B. in the case of the City, is addressed to or delivered personally to the City Administrator at 216 North 4th Street, Stillwater,Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.5. Counterparts. 10.5.1. This Agreement may be executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER By Ken Harycki,Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER CAVES,LLC a Minnesota limited liability company By Its - 16 - STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILLWATER, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2013, by , the , duly authorized agent for the Redeveloper, STILLWATER CAVES, LLC. Notary Public - 17- EXHIBIT A Redevelop the historic Joseph Wolf Block into a 35 room boutique hotel,a 60-80 seat restaurant, and retail space. EXHIBIT B ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND STILLWATER CAVES,LLC A MINNESOTA LIMITED LIABILITY COMPANY WASHINGTON COUNTY,MINNESOTA AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON sit ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of 2013, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), and Stillwater Cave, LLC (the "Owners"), and the County Assessor of the County of Washington (the "Assessor"). WITNES SETH,that WHEREAS, on or before the date hereof, the City and the Owner, entered into a Contract for Private Redevelopment("Redevelopment Contract")for the real property located in the City of Stillwater hereinafter referred to as the "Project" and legally described as Joseph Wolf Brewery addition, Washington County,Minnesota;and WHEREAS, the City and Redeveloper to established a minimum market value for Redevelopment Property and the Minimum Improvements constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8;and WHEREAS, the City and the Assessor have reviewed the plans for the Minimum Improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other,do hereby agree as follows: 1. As of January 2, 2015, the minimum market value of the Property Project shall be not less than Nine Million Three Hundred Thirty-three Thousand Seven Hundred Two and no/100 Dollars ($9,333,702.00). The parties expect that construction of Minimum Improvements will be substantially completed by December 31,2014. 2. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed,acknowledged and delivered such supplements hereto and such further instruments as may be reasonably required for correcting any inadequate or incorrect description of the project or for carrying out the expressed intention of this Agreement. 3. The minimum market value shall be of no further force and effect and this Agreement shall terminate on (i) the date when the Redevelopment Contract either expires or terminates and in no event shall this Agreement have any force or effect after December 31,2040. 4. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8,set forth in Schedule A hereto. 5. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF STILLWATER By Ken Harycki,Its Mayor By Diane F. Ward, Its Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward,to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public -2- Stillwater Caves, LLC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of ,2013, by Stillwater Caves, LLC. Notary Public Drafted by: David T.Magnuson(#66400) Magnuson Law Firm 324 Main Street South, Suite#260 Stillwater,MN 55082-5165 651-439-9464(phone) -3- SCHEDULE A TO ASSESSMENT AGREEMENT CERTIFICATION BY COUNTY ASSESSOR The undersigned,having reviewed the improvements to constructed and the market value assigned to the land upon which the improvements are to be constructed,and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable,hereby certified as follows: The undersigned Assessor,being legally responsible for the assessment of property in Washington County,Minnesota,hereby certifies that the market value assigned to the land and improvements are reasonable,with regard to the property legally described as: Joseph Wolf Brewery addition. County Assessor, Washington County STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2013,by ,the County Assessor of the County of Washington. Notary Public SCHEDULE B TO ASSESSMENT AGREEMENT CONSENT TO ASSESSMENT AGREEMENT BY MORTGAGE HOLDER (the "Lender"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Redevelopment Property at a foreclosure sale or acquires the Redevelopment Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Redeveloper, it and its respective successor and assigns, shall be bound by all teams and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Redevelopment Property shall be maintained throughout the term of the Assessment Agreement. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf of this day of ,2013. LENDER: By Its STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2013,by ,the of on behalf of the Lender. Notary Public EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment ("Contract") with Stillwater Caves, LLC, a Minnesota corporation (the "Redeveloper"), dated as of , 2013, (the "Agreement") and recorded in the Office of the County Recorder in and for the County of Washington and State of Minnesota, as Document Number , which provided for the Redevelopment of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the"Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redeveloper has been completed in accordance with the Contract,all lawful Codes, Laws,Rules and Ordinances now in effect. Dated this day of , 2013. CITY OF STILLWATER Ken Harycki,Its Mayor ATTEST: Diane F. Ward, Its City Clerk STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of November, 2013,by Ken Harycki, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public A RESOLUTION RESCINDING RESOLUTION 2012 -046 ENACTING A MORATORIUM ON COMMUNITY -WIDE CELEBRATIONS WITHIN THE CITY OF STILLWATER AND RESOLUTION 2012 -191 EXTENDING MORATORIUM ON COMMUNITY -WIDE EVENTS WITHIN THE CITY OF STILLWATER WHEREAS, the Stillwater City Council enacted a moratorium on new community-wide celebrations and festivals within the City of Stillwater on March 21, 2012; and WHEREAS, the Stillwater City Council extended the moratorium on moratorium on new community-wide celebrations and festivals on December 4, 2012; and WHEREAS, because of the moratorium the City was able to complete improvements in the Lowell park area, the pedestrian pathway and parking lots; and WHEREAS, it provided an opportunity for the Council to review and discuss what type of Community Festival would be allowed within the City of Stillwater with four finalists on October 29 and November 7, 2013; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the above resolutions are hereby rescinded and that all events (new or old) held in the City of Stillwater will follow the City’s Special Event Policy. Adopted this 19th day of November, 2013. ____________________________________ Ken Harycki, Mayor ATTEST: ________________________________ Diane F. Ward, City Clerk City Council DATE: November 13, 2013 TO: Mayor & City Council SUBJECT: Funding for Façade Program REVIEWED BY: Larry Hansen, City Administrator David Magnuson, City Attorney FROM: Bill Turnblad, Community Development Director INTRODUCTION Several years ago the City funded a façade maintenance program for the downtown area. Low interest loans were offered with TIF revenue made available through special legislation. The temporary law allowed cities to use TIF more flexibly including such things as the façade program. The program was very popular. And even after the temporary law expired, the City continued to receive requests for the façade loans. Unfortunately, the law expired and TIF could no longer be used for that purpose. Again this year staff has received a number of requests. One from Tom Wortman has been submitted in written form. His letter is attached. SPECIFIC REQUEST On behalf of the building owners that have been requesting façade maintenance loans, staff is requesting the Council to consider funding the program again. COURSE OF ACTION If the City Council supports the request, City staff will explore funding options. Attachment: Wortman letter October 11, 2013 Dear City Council Members, My name is Thomas Wortman and I own two buildings in downtown Stillwater. They are 219 and 221 Main Street No. Building 219 is occupied by Merrill Lynch Financial, Yacht Brokers, and Natural Balance. Building 221 is occupied by River Market Coop and Kagan Binder Law firm. These firms collectively employ approximately one hundred people. We have just discovered that the front of the building facing Main St. is badly in need of major tuck pointing to the entire front. This estimate for the repair is in the Thirty to Forty Thousand dollar price range. I am also aware that there are many buildings in the downtown area that need the same type of work. I know the City had a program several years ago that would allow a property owner to receive a low interest rate loan for facade improvements on Main Street. I understand that the Governor has vetoed the Cities ability to use the TIF money for purposes such as this at this time. I have invested heavily in these two properties over the past nine years never asking the city for any assistance. I have given the River Market very favorable rates {below market rate) to continue staying in downtown Stillwater as I know the City wants and needs a grocery store downtown. I also gave them a huge discount on the improvement loan that they had signed with the previous owner. I have also invested in the law firms improvement project in order to keep them downtown. What I am asking the council to consider, is to find an alternative method of funding these types of projects so property owners in the downtown area can keep investing in their properties on a ongoing basis. Any assistance in this matter would be extremely helpful. Regards, Thomas Wortman TreMar LLC and Thomas and Thomas LLC MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders~rector of Public Works DATE: November 12,2013 RE: Feasibility Study for 2014 Street Improvement Project (Project No. 2014-02) DISCUSSION Engineering staff would like to proceed with the 2014 Street Improvement Project. Authorization of a feasibility study is the first step in the process . It is proposed that the following streets be considered for the 2014 Street Improvement Project: Street Name Orleans Street (Curve Crest Boulevard to Stillwater Boulevard) Market Drive (Orleans Street to Washington Avenue Curve Crest Boulevard (Washington Avenue to Curve Crest Boulevard Anticipated Construction Method Pavement mill and overlay Pavement mill and overlay Pavement mill and overlay As part of the feasibility study pavement conditions and subsurface soils will be analyzed along with curb and gutter, sidewalk and utilities. RECOMMENDATION Staff recommends council pass a resolution authorizing the preparation of a Feasibility Study for streets, sidewalks and utilities for the streets listed above for the 2014 Street Improvement Project. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2013-_, RESOLUTION ORDERING PREPARATION OF REPORT FOR 2014 STREET IMPROVEMENTS (Project 2014-02). RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2014 STREET IMPROVEMENT PROJECT PROJECT 2014-02 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 19TH day of November 2013. Ken Harycki, Mayor ATIEST: ------------ Diane F. Ward, City Clerk 2014 STREET IMPROVEMENT PROJECT 2014-02 LEGEND (PROJECT TYPE) -PROPOSED ADDED MILL/OVERLAY 0 1 000 2000 4000 I I I I SCALE IN FEET MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Direc~f Public Works DATE: November 14,2013 RE: Discussion on Street Improvements with City of Oak Park Heights. DISCUSSION In the past month, the City of Oak Park Heights has indicated that they are planning for a major street reconstruction project over the next two years. One of the proposed areas in the project are streets in the southeast comer of our city that share a border with the City of Oak Park Heights. The streets includes the area around the Washington County Government Center and Oak Park Heights Elementary School. The attached map shows the project area (Area D). Since these streets share a common border, the City of Oak Park Heights is inquiring about the City interest in participating in the cost of the project. Some of these border streets have been looked at in past pavement management studies and have received low ratings. Most of these streets are in poor condition and have been patched, or seal coated to keep functional and warrant reconstruction. The City of Oak Park Heights would take the lead on the project much like Washington County has done on Third Street and Orleans Street. They would design and construct the project and bill us for the costs in our City. If the City were to participate in the project it would be recommended that we initiate a public improvement project, so that we can assess a portion of the project to the affected property. If the City decides not to participate at this time, these street improvements would not occur at this time. RECOMMENDATION Since these border streets shown in Area are in need of reconstruction, it is recommended that the Council agree to participate in on the project with Oaks, and direct staff to begin a public improvement project for the work in our City. r .~. _ .ay,a;l'n MAP (AREAS 8 ,C,D & E) CITY OF OAK PARK HEIGHTS, MINNESOTA STREET RECONSTRUCTION Date: OCTOB ER 2013 ·.II' I N FIGUREl ~ ffi 0"""'""'~:,,_ 600 \...6 Stantec PROJ . NO .: 19380 1994 November 11, 2013 Dear Mayor Harycki, I read with great interest the Sunday (11/10/13) Pioneer Press paper's story about the wonderful additions to downtown Stillwater's parks and recreational activities. My wife and I have made many visits to Stillwater; shopping at the antique stores, dining out, and sitting in our lawn chairs in the park along the St. Croix River. Our visits have become less frequent because of the prevalence of smoking in Stillwater parks. Sometimes we have had to move our lawn chairs 2-3 times trying to move away from the cigarette and cigar smoke fumes. I know Maplewood and Woodbury do not allow smoking in their parks. Additionally, when we have visited Florida and Arizona , two states that understand the importance of tourism, smoking was banned in the parks we went to. Hopefully, Stillwater will consider joining all the other locales that ban smoking in public parks. It would make future visits to Stillwater's parks much more enjoyable. Thank you. Sincerely, brl- cc: City Council Members ~.·· r --'--"-'LLLJL y Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel, District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 1. 2. 3. 4. 5. 6. 7. 8. 9. 9:00 9:00 9:10 9:10 9:20 9:35 9:55 10:00 BOARD AGENDA NOVEMBER 19, 2013-9:00A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function ofWashington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must jill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, 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 jive 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 Consent Calendar-Roll Call Vote General Administration-Molly O'Rourke, County Administrator 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 necessmy because of discussion will be scheduled for a future board meeting. Public Hearing-Public Works-Dennis O'Donnell, Senior Planner Resolutions-Consider Request from Baytown Township to Amend the Washington County 2030 Comprehensive Plan and Zoning Map Property Records and Taxpayer Services-Joanne Helm, Division Manager Resolution-Consider Petition to Transfer Parcel in Woodbury to lSD 834 Board Correspondence Recess to Board Workshops I 0. I 0:00 to I 0:20-Board Workshop with Community Corrections Overview of State Funding for Offender Supervision in the Community I1. I 0:25 to I 0:55-Board Workshop with Property Records and Taxpayer Services Proposed 20 I4 Property Taxes 12. 11:00 13. 11:35 Board Reconvenes for Executive (Closed) Session with Human Resources Discuss Labor Management Negotiations Adjourn Assistive !istening device~ are. ~vailable for use in ~he County Board Room EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * NOVEMBER 19, 2013 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Accounting and Finance Library Sheriffs Office ITEM A. Approval ofthe November 5 and 12, 2013 Board meeting minutes. B. Approval to establish December 17, 2013 as the public hearing on the final 2014-2018 Washington County Capital Improvement Plan. C. Approval to appoint Lisa Thibodeau, Stillwater, to the Housing and Redevelopment Authority as a Public Assistance H.ousing Representative, to a partial term expiring December 31, 2013. D. Approval to reject the Merchant Card portion of the 2013 Request for Proposal for Banking Services. E. Approval of a three year subscription to Westlaw databases and print materials. F. Approval of resolution, authorizing revised Library Board Policies recommended by Washington County Library Board on October 28, 2013. G. Approval of resolution setting Library scheduled closings for holidays and stafftraining in 2014. H. Approval of resolution, Mutual Aid/Joint Exercise of Powers Agreement between the City of New Richmond, Wisconsin Police Department and Washington County Sheriffs Office. I. Approval to enter into a grant agreement with the Minnesota Department of Public Safety Division ofHomeland and Emergency Management to receive Fiscal Year 2013 funding through the Emergency Management Performance Grant Program. 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. u . Assistive !istening device~ are_ ~vaifable for use in ~he County S:::::f_t:;_jR'1_~ EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners November 12, 2013 Present were Commissioners Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Commissioner Fran Miron, District 1, absent. Board Chair Weik presided. Commissioner Reports -Comments-Questions The Commissioners reported on the following items: -Commissioner Lehrke -reported she will be attending the Renewable Energy from Waste Conference and will miss the County Board meeting next week; and she attended Veteran's Day programs in her district on Monday. Community Services Approval to submit to the Minnesota Department of Human Services the Minnesota Family Investment Program Service Plan for 2014-2015. County Attorney Approval of changes to the current Health Insurance Portability and Accountability Act (HIP AA) Policies . General Administration Approval ofthe following items: -Molly O'Rourke, County Administrator, voting delegate, and Kevin Corbid, Deputy Administrator, alternate, to the Minnesota Counties Intergovernmental Trust Board of Director's meeting; -Board correspondence was received and placed on file; -Board workshop held to discuss Thrive MSP 2040 preliminary local forecasts of population, households , and employment. Public Health and Environment Approval ofthe following actions: -Agreement with the Minnesota Department of Health for the Statewide Health Improvement Program Planning Grant in the amount of $100,000 from November 1, 2013 to March 32, 2014; -Board workshop held for an update on the county's participation in the National Association of Counties prescription drug discount card program. Public Works Approval ofthe following actions: -Amendment No. 1 with Traffic Marking Services , Inc., in the amount of $54 ,422.70 for the 2013 road striping contract; I -Contract with Ron Turley Associates, Inc., for fleet management system software; -Resolution No. 2013-137, Mississippi River Trail signage agreement with the Minnesota Department of Transportation; -Contract with Alternative Business Furniture, Inc., to furnish, install, and repair remanufactured Herman Miller System products. Sheriff's office Approval to accept a Toward Zero Deaths Grant amendment from the Minnesota Department of Public Safety for an additional amount of $289,894. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota. Summary of Proceedings Washington County Board of Commissioners November 5, 2013 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Weik presided. Commissioner Reports -Comments -Questions The Commissioners reported on the following items: -Commissioner Bearth-reported he received a phone call from a resident in District 3 thanking the County Board for holding down property taxes; -Commissioner Lehrke -reported she attended the Association of Minnesota Counties (AMC) District X meeting and requested a workshop on County State Aid Highway formulas before the AMC votes on them in December; -Commissioner Kriesel -requested a workshop and more information on frac sand mining; -Commissioner Weik-reported she attended the AMC District X meeting and discussed top issues to be discussed at the AMC conference in December; she summarized the National Association of Counties International Economic Development Task Force conference call she participated in; and she reported on the Rail~Volution conference she attended in October; -Commissioner Miron-reported he will not be at next week's Board meeting. Community Services Approval ofthe following actions: -Appoint LaJuan Mcintyre, Woodbury, to the Child Protection Citizen's Review Panel to a first term expiring June 30, 2015; -One new full time equivalent for a 12 month Special Project Employment Counselor position. General Administration Approval of the following actions: -Bob Tatreau, Woodbury, presented an update on the forum held on October 29 in Woodbury regarding the Gateway Corridor; -October 22, 2013, Board meeting minutes; -Designate the 2013 Association of Minnesota Counties Official Delegate list; -Change in County Board meeting dates and times: moved the December 3 Board meeting to an evening meeting, and cancel the Tuesday, December 10 Board meeting and reschedule to Thursday, December 12, at 9:00a.m.; -Election day today, polls to be opened until 8:00p.m. -Board correspondence was received and placed on file. Human Resources Approval of revisions to the county's 2014 Flexible Benefits Plan Document and Section 17 .D of Personal Rules and Regulations . Property Records and Taxpayer Services Approval ofthe following actions: -Plat ofNatures Gate located in Stillwater Township; -Plat of Victorville located in Stillwater Township; -Policy #4007 Confessions of Judgment Commercial-Industrial-Public Utility Property, and revisions to Policy #4001 Abatement-Property Taxes, Penalties, Interest and Fees -Board workshop held to discuss a pilot program with LifeSource Organ and Tissue Donation. Public Health and Environment Approval ofthe following actions: -Master Grant Agreement with the Minnesota Department of Health for the period January 1, 2014 to December 31 , 2014; -Board workshop held to discuss the application for Statewide Health Improvement Program Implementation funding. Public Works Approval ofthe following actions: -Limited Use Permit 8282-0034 issued by the Minnesota Department of Transportation to operate and maintain a pedestrian trail within the right-of-way of I-94 at County State Aid Highway 13; -Contracts with Twin City Outdoor Services for county facilities in Zone 1 and Zone 3 snow removal services and Interstate Companies for Zone 2; -Resolution No. 2013 -135 , award of parks agricultural land leases for 2014; -Contract with Kone , Inc. for elevator preventive maintenance services; -Resolution No. 2013-136, Stillwater License Center lease agreement with Southmetro Centers V ,LLC. Regional Railroad Authority The Regional Railroad Authority met and approved the following actions: -October 22, 2013 meeting minutes; -Bid award for the Newport Transit Station construction and electrical work to Meisinger Construction Company . Sheriff's Office Approval of agreements for law enforcement services with the Cities of Mahtomedi, Dellwood, Willernie, and Birchwood Village. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62 nct Street N., Stillwater, Minnesota. 1. 2. 3. 4. 5. 6. 7. Wlsbjngton ... =~eo-l11111 ...... *'·v ~ ti' . . 'LLlJL Board of Commissioners Fran Miron, District 1 Ted Bearth, District 2 Gary Kriesel , District 3 Autumn Lehrke, District 4 Lisa Weik, Chair, District 5 9:00 9 :00 9 :10 9:10 9:20 9:35 BOARD AGENDA NOVEMBER 12, 2013-9:00A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function ofWashington 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 secretary or th e County Administrator. The County Board Chair will ask you to come to the podium. state your name and address, and present your co mm ents. 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 jive minutes. The Board Chair reserves th e right to limit an individual's presentation if it becomes redundant, repetitive, ove rly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities Consent Calendar -Roll Call Vote General Administration-Molly O'Rourke, County Administrator 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 ques tions to the staff This action is not intended to result in substantive board a ction during this time. Any action necessary because of discussion will be scheduled for a future board meeting. Board Correspondence Adjourn 8. 9:40 to 10:10-Board Workshop with Public Health and Environment Update on County's Participation in the National Association of Counties Prescription Drug Discount Card Program 9. 10 :15 to 10:45 -Board Workshop with the Office of Administration Discuss the Thrive MSP 2040 Preliminary Local Forecasts of Population, Households and Employment Assistive ~istening device~ a~ ~vailable for use in !he County Board Room EQUA L EMPLO YMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* NOVEMBER 12,2013 The following items are presented for Board approval/adoption: DEPARTMENT/ AGENCY Administration Attorney 's Office Community Services Public Health and Environment Public Works Sheriffs Office ITEM A. Approval to appoint Molly O'Rourke, County Administrator, as the Minnesota Counties Intergovernmental Trust (MCIT) voting deleg ate, and Kevin Corbid, Deputy Administrator, as alternate , for the 2013 Annual meeting ofthe MCIT Board ofDirectors . B . Approval of changes to the current Health Insurance Portability and Accountability Act (HIP AA) policies. C. Approval to submit to the Minnesota Department of Human Services the Minnesota Family Investment Program Service Plan for 2014-2015. D. Approval to enter into an agreement with the Minnesota Department of Health for the Statewide Health Improvement Program Planning Grant in the amount of $100 ,000 from November 1, 2013 to March 31, 2014. E. Approval of Amendment No . 1 with Traffic Marking Services, Inc. in the amount of $54,422.70 for the 2013 road striping contract. F. Approval of contract with Ron Turley Associates, Inc. for fleet management system software. G. Approval of resolution to enter into an agreement with the Minnesota Department of Transportation to grant permission to install signage along the Mississippi River Trail on county right of way and for the county to provide maintenance of the signs on county right of way. H . Approval to contract with Alternative Business Furniture, Inc. to furnish , install, and repair remanufactured Herman Miller System products . I. Approval to accept a Toward Zero Deaths Grant Amendment from the Minnesota Department of Public Safety for an additional amount of $289,894. Con se nt Calend ar it ems are gener ally defi n ed as items of routine bus iness, not requiring discus sion , and approved in on e vote. Commis sion er s may elect to pull a Consent Cal endar item(s) for di scussion and /or separate action . I£ 1 Assistive ~ist.ening device~ an: ~vaifable tor use in ~he Coun ty ~~ard Room EQUA L EM PL OYMENT OPPORTU N ITY/AFFIRMATIV E ACTION EMPLOY ER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Washington ?-~County Board of Commissioners Fran Miron, District 1 Ted Bearth , District 2 Gary Kriesel , District 3 Autumn Lehrke, District 4 Lisa Weik, Chair , District 5 9:00 9:00 9:05 9 :05 9:15 9 :30 9:45 9 :50 9:55 9:55 10:10 BOARD AGENDA NOVEMBER 5, 2013-9:00A.M. Roll Call Pledge of Allegiance Comments from the Public Visitors may share their co mm ents or concerns on any issue that is a responsihility or function ofWashington Co unty Government, whether or not th e issue is listed on this agenda. Persons who wis h to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretm y or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and address, 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 yow· presentation to no more th an five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundan~ rep etitive, overly argumentative, or if it is not relevant to an issue that is part of Wa shingto n Coun ty's Responsibilities Consent Calendar -Roll Call Vote General Administration -Molly O'Rourke, County Administrator Commissioner Reports -Comments -Questions Thi s p erio d of time shall be used by the Com miss ion ers to report to the full Board on mmmittee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in s ubstan tive board action during this time. Any action necessary because of discussion will be scheduled for a foture board meeting. Property Records and Taxpayer Services -Jennifer Wagenius, Director Policy #4007 Confession of Judgment Commercial-Industrial-Public Utility Property and Revisions to Policy #4001 Abatement-Property Taxes, Penalties, Interest and Fees Public Works-Don Theisen, Director Resolution-Lease Agreement with SouthMetro Centers for Stillwater License Center Office Space Sheriff's Office -Sheriff Bill Hutton Agreement with the Cities ofMahtomedi, Dellwood and Willernie, and Birchwood Village for Law Enforcement Services Board Correspondence Adjourn Washington County Regional Railroad Authority (RRA) Convenes A. B. c. D. Roll Call Approval of the RRA Meeting Minutes from October 22, 2013 Bid Award to Meisinger Construction Company, Inc. for the Newport Transit Station Construction and Electrical Work Adjourn 12. 10:15 to 10:45 -Board Workshop with Property Records and Taxpayer Services Discuss Pilot Program with LifeSource Organ and Tissue Donation 13. 10 :50 to 11:35-Board Workshop with Public Health and Environment Statewide Health Improvement Program Assistive listening devices are available for use in the County Board Room . . . . - EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIV E ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR* NOVEMBER 5, 2013 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Human Resources Property Records and Taxp ayer Services Public Health & Environment Public Works ITEM A. Approval of the October 22, 2013, Board meeting minutes. B. Approval to designate 2013 Association of Minnesota Counties Official Delegate List. C. Approval to change County Board meeting dates and times as follows: Move the December 3 board meeting to an evening meeting and cancel the Tuesday, December 10 board meeting and reschedule to Thursday, December 12 at 9:00a.m. D. Approval to appoint LaJuan Mcintyre, Woodbury, to the Child Protection Citizen's Review Panel to a first term expiring June 30, 2015. E . Approval for one new full time equivalent for a 12 month Special Project Employment Counselor position. F . Approval of revisions to the county's 2014 Flexible Benefits Plan Document and Section 17.D ofPersonal Rules and Regulations. G. Approval of the plat Natures Gate located in Stillwater Township. H. Approval of the plat of Victorville located in Stillwater Township. I. Approval of a Master Grant Agreement with the Minnesota Department of Health for the period January 1, 2014 to December 31, 2014. J. Approval to enter into Limited Use Permit 8282-0034 issued by the Minnesota Department of Transportation to operate and maintain a pedestrian trail within the right-of-way ofl-94 at County State Aid Highway 13. K. Approval of contracts with Twin City Outdoor Services for county facilities in Zone 1 and Zone 3 snow removal services and Interstate Companies for Zone 2. L. Approval of resolution awarding the bid for the lease of agricultural land in Lake Elmo Park Reserve and St. Croix Bluffs Park for 2014, and enter into agricultural lease agreements with Matthew Wohlman and David See Farms. M . Approval of a contract with Kone Inc. for elevator preventive maintenance services. Cons ent 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. IF · Assistive ~ist ening device~ are_ ~vaifable for use in !he Coun ty B~~'!~~::'n-"nnn EQUAL EMPLOYMENT OPPOR TU NITY I AF FI RMATIV E ACTION EMP LOYE R } 1rUll D BY NANCY NGO PHOTOS BY JEAN PIERI SPACES 1 19 Still water 's historic lift bridge and the St. Croix River help give the city its character. Stillwater's old- fashioned feel blends seamlessly with a contemporary vibe.; Histoilc charm — that's the first With more than 40 stores to choose thought that comes to mind when from, it's best to decide what type of describing downtown Stillwater along shopping you're in the mood for first. the banks of the St. Croix River. With a Fine jewelers, antique malls, boutiques closer look, it's clear the river town's as well as home and gift stores old- fashioned tradition mixes well with abound. contemporary finds for anyone spend - There are plenty of places to dine, ing an afternoon here. as well. If you want to take it all in at a Stillwater not only boasts some of more leisurely pace, consider an over - the best antique hunting in the metro, night stay at one of the nearby cottages, it also is home to a string of trendy Sandy McKown, Elsie Esco and Sue Matz of Minneapolis cabins, historical bed and breakfasts or apparel and gift stores dotted mostly pose for a photo outside Mainstream Boutique during a inns that have helped downtown Still- recent outing to downtown Stillwater. along Main Street. water make a name for itself. BY NANCY NGO PHOTOS BY JEAN PIERI SPACES 1 19 A-1fre 'sCo oa ,-A 7 C­ �Al DECOR • GIFTS • FURNISHINGS Plus pantry, bath & body, accessories, children's .gifts and more! 321 South Main Street in Stillwater 651- 439 -0814 - AlfrescoCasualLiving.com S H O P A N D L U N C H Main Street in downtown Stillwater. BOUTIQUES Several places offer apparel. Highlights include Mainstream Boutique, which moved into larger digs in the Brick Alley Building earlier this year. The women's apparel shop with sev- eral Twin Cities locations offers a mix of sophisticated clothing and accessories at mid -range prices. In the same building, style mavens will find Betty June's, which recently moved out of its New Richmond, Wis., digs to its current downtown spot. It's worth a stop for the variety of tasteful jewelry, bags, jewelry and gift items. Note that the front of the store now hous- es Trade Winds Spice Company, which in the past year moved from its nearby spot to share the Betty June's space. Continue north to the St. Croix River Exchange Building, where a few more shops await. The designer - inspired Lori's New York Fashions offers a more affordable, fast - fashion version of handbags, jewelry and other accessories seen on runways. The shop is big on pre -pack- 20 1 DECEMBER 2013 / JANUARY 2014 aged matching necklace and earring sets, making piecing your outfit together that much easier. In the same building, Jade's Addiction apparel for women and men emphasizes pieces that are upcycled, recy- cled or produced by local artists. New clothing and accessories are in one room, while consign- ment items are in another. A few doors down, bargain - hunters should stop at Bronze, which prides itself on the fact that every item in the store cost less than $10. The shop also offers beachwear, but the best steal is the pretty handmade jewelry from India. Outdoor enthusiasts looking for some style won't want to miss 45 Degrees for its quality active wear as well as coveted brands such as Prana clothing and Uggs footwear. Life is Good feels like you've just walked into a store while on spring break, thanks to the casual and colorful offerings of sundresses, beach - themed shirts, sun hats and jewelry. �a 416 ' u' C/7 •YA1 L' 1x J 1 1VL' L' 1 11Y1Y n 651- 439 -6000 - WaterStreetInn.us DGtY GOf%ll1'�l,�hl tll� I � 2014 SPECIAL EVENTS MARCH Stillwater Home & Garden Show StillwaterHomeShow.com MAY Rivertown Art Fair RivertownArtFair.com JUNE Rockin' Ribs on the River RockinRibsOnTheRiver.com OCTOBER Fall Colors Fine Art & Music Festival StillwaterFallArtFestival.com GreaterStillwaterChamber.com (p) 651/ 439 -4001 (f) 651/ 439 -4035 I GREATER STILLWATER CHAMBER Of COMMERCE 200 Chestnut St. E #204, Stillwater, MN 55082 Valley IVIBI Bookseller Great Books. Great People. VALLEY BOOKSELLER 651 -430 -3385 - VAeyBooksellercom F7 darn. fknit.l ay lanYw ASALONNA ASALONNA SALON & SPA 651 -439 -5673 - Asalonna.Com LEO'S GRILL. & MALT SHOP I 651- 351 -4943 - LeosGrill.com PUB 112 651- 341 -0836 - Publl2.com DARN KNIT ANYWAY MMA NII- STUDIO +SMRE +CAFE I 651- 342 - 1386 - DaniKnitAnyway corn 651- 689 -1730- M=Mi com JUST FOR ME SPA BIERCYCLE ADVENTURES 651- 439 -4662 - JustForMeSpa.com 651- 300 -2202 - BielCycleAdventures.c UPCOMING-EVENTS Nu 27 NwYrs Ees7 II Dec 14 RiverR=PubQwA g ,y Dm 28- PmNmYe Em" '�� . > � �•_ Dm 31 -NewY�RveGejebtatlon Feb.1416- Yak9vtrues ' Cek6ratlon ' � Eta li�tj Manl -Rafte 3y�Annims yGdebrad- 0i 11',: i < . . OPEN DAILY Monday -Friday 11:00am - 2:00am, Saturday 11:00am - 2:00 am, Sunday 11:00am -1:00 am PREMIER RESTAURANT, DANCE & EVENT CENTER 651- 342 -1502- stillwaterrafters.com Stillwater Olive Oil Co. specializes in imported extra virgin olive oils, balsamic vinegars and specialty oils from around the world $5 Off Any purchase of $30 or more Not valid with any other offers. Expires 12/31/13 208 Main Street S, Stillwater 651- 472 -5789 20 Second Avenue SW, Rochester 507 - 361 -0933 2154 3rd Street, White Bear Lake 651- 842 -8479 I e' • / :, Ey e e° e 0 124 N. Main Street, Stillwater N4-crrn4 Couture 651.351.7051 .... camycouture.com neentothree .SHOP AND LUNCH Urban Violet co -owner Jessamine Elkington arranges a display that includes an alpaca vest and a floral skirt. Trendsetters will want to make it a point to stop by Col- laborations boutique above Leo's Grill & Malt Shop. The second - story shop offers a youthful, well- edited selection of popular brands such as Ya, Tulle and Billabong and Freeloader. On the northern end of downtown, you'll run across Katydid's /Stokes Jewelry, offer- ing an eclectic mix of women's clothing, jewelry and accesso- ries as well as a few gift items. On the other side of the street, you ll fmd Janna's Hides & Rides consignment, specializing in leather goods such as jackets, skirts, pants, belts and hats. Camy Couture offers trendy clothing and accessories for the young at heart. On the same block, River Jeans offers men's and women's apparel. Of course, the store stocks plenty of denim. As you head south on Main Street, take a slight detour onto Chestnut Street, where two shops are must -stops for fashionistas. The darling Urban Violet bou- 22 1 DECEMBER 2013 / JANUARY 2014 tique offers a fashion - forward selection of youthful women s clothing and accessories at down - to -earth prices. Dresses are among the standouts. A few feet away, Karma Clothing Co. offers gently used apparel for both men and women and is big on design- er denim. Next, The Shirt Factory is big on T -shirts and souvenir items. Bring your favorite logo or design — you can get pieces custom made. Continue south and you'll cross to Britta's Boutique, the newest addition to the downtown Stillwaterboutique set.The quaint spot features contemporary women's clothing from popular brands such as Kerisma, as well as some lesser known names. Accessories and gift items are also part of the lineup. If your timing is right, The Fun Sisters occasional store a few doors down may be open for clothing and accessories. In the Grand Garage building, the grown -up SASH boutique offers Above: Spartina 449 brand watches and purses at Alfresco. Left: Vintage skis were used to make chairs and a table, also for sale at Alfresco. European- influenced clothing and accessories for women. HOME AND GIFTS When you need that perfect home accessory or holiday host- ess gift, you've got choices. A must stop on the southern end of downtown is Alfresco, which offers a quality and eclectic mix of kitchen, apothecary, baby, local artisan jewelry and other gifts in a pretty setting. The spot is also a place for home - design enthusi- asts, thanks to a standout selec- tion of rugs as well as custom and locally crafted furniture. Continue north to the corner of Main and Nelson streets, where the colorful and contemporary Mari Mi awaits. The contemporary space boasts a stylish selection of cards, stationery and wrapping paper. A few gift items are also part of the line up. It's hard to not be in a cheerful mood at Kathe Wohlfahrt, which always has one of the most fes- tive window displays in down- town Stillwater. That's because the window decor incorporates hand - crafted Christmas items from Germany that the store spe- cializes in, including figurines and ornaments. Finding a good book is breezy at The Valley Bookseller, thanks to the staff having done much of the editing for you. There's even a kids' play and reading area, so bring the little ones. Across Main Street, several more home and gift shops await. In the historic Isaac Staples Sawmill building, you'll find the Stillwater Art Guild Gallery, a co -op featuring more than 60 artists offering paintings and more. In addition to regularly featured artists, a special - themed showroom changes monthly. Mama Luna, a shop that opened in the past year in the same building, offers apoth- ecary and eco- friendly items, with an emphasis on baby gifts. Just south of there, Tamarack Gallery boasts the oldest and largest fine art gallery in Still- water. The spot features more SPACES 123 For e ke of IN STILLWATER -- -w--- Cfresh flowers S plants Distinctive home accents (651) 430 -8113 '102 ktain Street north ForgetMeNotinStillwater.com�? _COMING SOON TO THE GRAHO GARAGE... M .w .° NATE J i R E ; LUXURY BOATING FOR LESS! Experience the Stillwater Boat Club Difference... • High Quality Product - Luxury 22' to 32' Sea Ray and Regal powerboats • Low Member to Boat Ratio = Great Access to Boats! • Overnights Allowed • Desirable Shifts of 19am - 3pm1 or 14pm- 9pm1 • Simple Program! 651.439.9000 • StillwaterBoatClub.com Welcome to the Lowell Inn and Restaurant... ... where historic charm blends with contemporary elegance ­tg, weddings, meetings & holiday events From the Garden Room and Matterhorn Room, to the Event Center, the Lowell Inn has been making memories since 1927. than 50 artists specializing in everything from fiber art to pot- tery and sculptures to jewelry. On the corner of Chestnut Street, Art in Soul offers gift items and is a hub for jewelry- making. So if you want to put your own personal touch on jewelry, head downstairs to the expansive bead shop. Make the piece of jewelry yourself or enlist a staff member to help customize a piece. Next, make your way to Gal- lery 3Ten Fine Art, which fea- tures nearly two dozen local and national artists in media such as pottery, sculpture and jewelry. The store also offers gifts. At Local Color on Main, find something for everyone, with a large variety of items, from jew- elry to clothing and gifts to art. In the Grand Garage building, Fine Living of Stillwater features home pieces such as furniture and artwork and gift ideas including jewelry and candles. Art lovers should detour to 102 North Second St. Stillwater I lowellinn,com 1 651- 439 -1100 1 1 24 1 DECEMBER 2013 /JANUARY 2014 The Little Parrot Art off Chestnut Street just west of Main Street. The quaint shop features paint- ings, ceramics, photography, textiles, glass and jewelry Some wellness gifts such as botanicals are offered as well. Also off the beaten path is Camrose Hill Flowers, which features botani- cal gifts. Cooking enthusiasts will want to stop by Cooks of Crocus Hill in the Grand Garage back on Main Street — a favorite des- tination for quality kitchen gad- gets and top brands. Past Grand Garage, Forget Me Not offers floral and home decor pieces with European accents. ANTIQUES AND REUSED In addition to boutiques and gift stores, lovers of vintage, antique and reused merchan- dise will find plenty from which to choose. Antique malls are the main draw. Top: Staples Mill Antiques is known for vintage clothing. Below: Colorful Gurgle Pots, which produce a whimsical sounds while pouring a beverage, at Cooks of Crocus Hill. Near Nelson Street on Main Street, don't miss the expansive Midtown Antiques. The variety of offerings include quality vin- tage posters, Parisian hats, antique dressers, clothes and much more from the more than 100 antique dealers represent- ed. The three -story antique mall includes a sizeable furniture gallery on the top floor. Next, head north to Our Antiques for more antique furni- ture and home -decor items. Art- work, old- fashioned lamps and kitchenware are among the standouts. Continue to Stillwater Antiques Mall & Art Gallery in a former bank building on the cor- ner of Myrtle Street, where you'll find an eclectic mix of furniture and home -decor pieces. On the north end of down- town, the multi -story Staples Mill Antiques offers a maze of flashback finds. Fashionistas might want to take note of vin- tage fashion magazines offered on the first floor and a quality vintage clothing area on the second level. Hobby items such as vintage skis and fishing poles are also part of the mix. American Gothic Antiques offers a range of retro clothes and furniture. For those looking for unique lamps and light fix- tures, Let There Be Light Antiques might be just the ticket. SPACES 125 Hayy y Ho Cidays! Holiday Parties Gift Cards Available dock cafe 425 East Nelson Street - Stillwater 651 -430 -3770 www,dockcafe,com aw (may- M11 C sue,! Stillwater Lodging Gift Certificates DiscoverStillwater. com mccormack's furniture r r tt ge 0j holstery Living --- � featuring Chloey Sofas, Quality brands. Custom design. Excellent value. 651.434.4208 • mccormacksfurniture.com • U 13435 60th St N • Stillwater, MN • Proud to be locally owned. noon to three SHOP AND LUNCH Kathe Wohlfahrt specializes in Christmas ornaments from Germany. Country Charm Antiques is a blast from the past with offer- ings from more than 40 dealers, ranging from furniture to table- ware and jewelry to clothing. Downtown Stillwater is also known for its used bookstores. Black Letter Books on the corner of Myrtle and Main streets fea- tures second -hand rare and out -of -print books on a variety of subjects including classic titles, collector's volumes and bound antiquarian works. St. Croix Antiquarian Book- sellers also features unique finds. Recently, the bookstore started dedicating a section of the store for apparel and acces- sories from Out of Print Cloth- ing. Sales from the company's shirts, iPad covers, tote bags and more go for a good cause: With each item sold, a book is donat- ed to Books for Africa. EAT When it's time for lunch, there's no lacking of places to go for burgers, pizza and comfort food. While there are too many 26 1 DECEMBER 2013 / JANUARY 2014 dining options to name all of them, a few to keep in mind include Leo's Malt Shop — a draw not only for its flashback setting and American classics menu, but also for its variety of malts — and Pub 112 Eatery. It's one of Stillwater's newest addi- tions and has a selection of Irish and craft beers. In addition to comfort fare, other options include Smalley's, which has become a destination for its barbecue and tasty side dishes — but note that it's only open for lunch Thursday through Sunday. For atmosphere, try Marx Wine Bar, known for its friendly neighborhood vibe and its menu of worldly influences. The Green Room is another place where locals like to hang. The atmo- sphere is friendly, and the con - temporary American and Indian menu is inventive and reliable. Great views of the St. Croix River and lift bridge from the back of the restaurant don't hurt its appeal either. Reve 324 wine bar is another cozy neighbor- Jim Harris, left, and Larry Nelson lunch at Marx Fusion Bistro. Check out the specials on Shanghai Bistro's sidewalk chalkboard outside the popular lunch spot. Pub 112 is a relative newcomer to downtown Stillwater. SPACES 127 A S t C; roV-w vcLuey CYWi4tvv�cuk The Holiday Season is open at our Stillwater and St. Croix Falls locations. Open 7 days a week. We have all indoor shopping for your trees, wreaths, garland, spruce tops, boughs, berried branches, unique accents with a great selection of gifts, ornaments and lighting. We also have gift certificates available in any amount. ST. CROIX FALLS SCANDIA STILLWATER 1257 State Road 35 20021 St. Croix Trail 2100 Tower Drive St. Croix Falls, WI Scandia, MN Stillwater, MN 715 - 483 -3040 651 - 433 -2431 651 - 439 -2140 t 1a ae &&P Jhotmo}!iz swat THIS HOLIDAY SEASON Our family is proud to be the local market where friends, families and neighbors shop. Discover and enjoy an experience like no other. p�0FG000F Join Us On 'heck out our holiday offerings #, online at kowalskis. com KOWA S MAR Turin C itfoc T nrntinnc L-1 117AIQII1c nSHOP AND LUNCH hood spot with a menu of con- temporary American fare with European accents. In Grand Garage, Shanghai Bistro has become a crowd - pleaser for its expansive stone patio and contemporary dining space, not to mention its menu of Asian dishes with a twist. For something more laid -back, Ouickfire Pizza balances con- temporary and casual. The shop Mari Mi also has a counter where you can order soups, sandwich- es and cupcakes to snack on in a casual setting. For something more formal, visitors head to Dock Cafe for a fancier menu as well as one of the closest restaurant views of the St. Croix River. Make sure to save room for dessert: Downtown is home to several fudge and candy shops. PLAY There are even more ways to enjoy what downtown Stillwater has to offer. During warm weather, pad - dleboat rides on the St. Croix Boat and Packet Co. are a way to package a scenic river tour and a meal into one. Stillwater Trol- ley Co. offers another way to see the river valley, including a tour of nearby mansions. Visitors might like Northern Vineyards Winery and its wine tastings. Joseph Wolf Brewery Cave Tour is open on weekends and is a way to see the brewery that was once housed inside the limestone caves during the late 1800s. For something relaxing, girl- friends may want to meet at Just for Me the Spa up the hill for a massage, facial, pedicure or other pampering. Couples mas- sages are also offered. The spot also has three cottages available on the grounds, so consider an overnight stay to play longer in Stillwater. After all, there will be no lacking of things to see and do. Nancy Ngo writes about shopping and style for the St. Paul Pioneer Press. She is a frequent contributor to Spaces. Just for Me Spa offers a bit of pampering after all that shopping. The spa also offers couples massage. SPACES 129 Xcel Energy® RESPONSIBLE BY NATURE II © Lib, N ResponsibleByNature.com noon to three DIRECTORY SHOP > BOUTIQUES Betty June's, 421 S. Main St.; 651 - 351 -3194 Britta's Boutique, 204 S. Main St. Bronze, 229 S. Main St.; 651- 342 -1568 Camy Couture, 124 N. Main St.; 651 - 351 -7051 Collaborations, 129 1/2 S. Main St.; 651- 430 -9100 Forget Me Not, 402 S. Main St.; 651 - 430 -8113 45 Degrees, 209 S Main St.; 651- 430 -3609 Jade's Addiction, 317 S. Main St.; 651 - 353 -0056 Janna's Hides & Rides, 218 N. Main St.; 651 - 472 -9218 Life is Good, 324 S. Main St.; 651- 430 -1565 Lori's New York Fashions, 317 S. Main St.; 651 - 705 -6786 Karma Clothing Co., 224 Chestnut St. E.; 651 - 342 -1004 Katydid's /Stokes Jewelry, 113 S. Main St.; 651 - 439 -0166 Mainstream Boutique, 421 S. Main St.; 651 - 351 -2802 River Jeans, 118 N. Main St.; 651 - 342 -0464 Urban Violet, 226 Chestnut St. E.; 651 - 342 -0669 SASH, 324 S. Main St.; 651- 430 -1345 The Fun Sisters, 216 S. Main St.; 651 - 430 -3134 The Shirt Factory, 126 S. Main St.; 651 - 351 -0052 SHOP > HOME & GIFTS Alfresco, 321 S. Main St.; 651- 439 -0814 Art n Soul, 202 S. Main St.; 651 - 275 -0255 Camrose Hill Flowers, 233 S. Second St.; 651 - 351 -9631 Cooks of Crocus Hill, 324 S. Main St.; 651 - 351 -1144 Fine Living of Stillwater, 324 S. Main St.; 651 - 430 -1565 Gallery 3Ten Fine Art, 310 S. Main St.; 651 - 439 -6246 Kathe Wohlfahrt, 129 S. Main St.; 651 - 275 -1072 Local Color on Main, 312 S. Main St.; 651 - 351 -0558 Mama Luna, 402 N. Main St.; 651 - 491 -0597 Mari Mi, 232 N. Main St.; 651- 351 -7700 Stillwater Art Guild Gallery, 402 N. Main St.; 651 - 689 -0149 Tamarack Gallery, 112 S. Main St.; 651 - 439 -9393 The Little Parrot Art, 116 Chestnut St E.; 651 - 472 -5800 The Valley Bookseller, 217 N. Main St.; 651 - 430 -3385 SHOP > ANTIQUES & REUSED American Gothic Antiques, 236 S. Main St.; 651 - 439 -8202 Black Letter Books, 102 S. Main St.; 651 - 430 -9805 Country Charm Antiques, 122 S. Main St.; 651 - 439 -8202 Let There Be Light Antiques, 210 N. Main St.; 651 - 351 -7580 Midtown Antiques, 301 S. Main St.; 651 - 430 -0808 Our Antiques, 119 S. Main St.; 651 - 439 -3889 Staples Mill Antiques, 410 N. Main St.; 651 - 430 -1816 St. Croix Antiquarian Booksellers, 232 S. Main St.; 651- 430 -0732 Stillwater Antiques Mall & Art Gallery, 101 S. Main St.; 651 - 439 -6281 EAT Dock Cafe, 425 Nelson St.; 651 - 430 -3770 Leo's Malt Shop, 131 S. Main St.; 651 - 351 -3949 Mari Mi, 232 N. Main St.; 651 - 351 -7700 Marx Wine Bar, 241 S. Main St.; 651 - 439 -8333 Pub 112 Eatery, 112 N. Main St.; 651 - 342 -0836 Reve 324, 324 S. Main St.; 651 - 342 -1594 Shanghai Bistro, 324 S. Main St.; 651 - 430 -9000 Smalley's, 423 S. Main St.; 651 - 439 -5375 The Green Room, 215 S. Main St.; 651 - 342 -0215 QuickFire Pizza, 116 S. Main St.; 651 - 439 -7009 PLAY Joseph Wolf Brewery Cave Tour, 402 S. Main St.; 651 - 430 -0560 Just for Me the Spa, 110 S. Greeley St.; 651 - 439 -4662 Northern Vineyards Winery, 223 N. Main St.; 651 - 430 -1032 Stillwater Trolley Co., 400 E. Nelson St.; 651 - 430 -0352 St. Croix Boat and Packet Co., 525 S. Main St.: 651 - 430 -1234