Loading...
HomeMy WebLinkAbout2016-05-17 CC Packeti 1 1 a t e r INF OIRTNFLACE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 17, 2016 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 May 3, 2016 regular and recessed meeting V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Augsburg College MBA Student Presentation on Economic Development 3. Heritage Preservation Awards 4. Proclamation: Chad Jensen, Jake Bell and Bill Peltier & EMS Week 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 5. Police Chief - Siren location 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator 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. 13. Resolution 2016-101, directing payment of bills 14. Resolution 2016-102, resolution approving adjustment in the city administrator's salary based on satisfactory one year performance evaluation as provided in the city administrator employee agreement 15. Resolution 2016-103, approving Access Agreement with park construction for construction staging on the Palmer Property 16. Resolution 2016-104, accepting proposal from WSB & Associates for MS4 Storm Water Management Program Updates 17. Possible approval to purchase NFPA compliant hose - Fire Department 18. Resolution 2016-105, approving new On -sale and Sunday Liquor License to Ziggy's LLC; DBA: Ziggy's Restaurant 19. Resolution 2016-106, approving cooperative agreement between City of Stillwater and Brown's Creek Watershed District for the Brown's Creek Park Project. 20. Resolution 2016-107, approving Minnesota premises permit for lawful gambling for St. Paul Firefighters, Local 21, located at No Neck Tony's, 231 Myrtle Street, Stillwater, MN 21. Possible approval of Sanitary Sewer Adjustments IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. Case 2016-14. This is the date and time for a public hearing to consider a request by Kenneth Heifort, for consideration of a concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds at Heifort Hills, a 24 -lot residential subdivision to be located at 8753 and 8911 Neal Avenue North, currently located in the AP Zoning District. PID: 2003020220015. Complete property and legal description available upon request. (Ordinance - 1St Reading & Resolution - Roll Call) (tabled from May 3, 2016) X. UNFINISHED BUSINESS 23. Possible approval of bids and awarding of contract for 2016 Street Improvement Project, Project 2016-02 (Resolution - Roll Call) XI. NEW BUSINESS 24. Aiple Property Update (available Tuesday) 25. Consideration of a Chicken Keeping Permit at 1609 Morningside Drive 26. Possible approval of resolution and contract for participation in Solar Gardens (Resolution - Roll Call) 27. Discussion on 2016 COPS Grant 28. Possible approval of consultant services for Community Development (Resolution Roll Call) (available Tuesday) moved to June 7th meeting XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS 29. The Phipps Center for the Arts - Art Bench Trail XIV. COUNCIL REQUEST ITEMS 30. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT Making Stillwater A Year -Round Town Amy Guerin, AIlyssa Mesh* Jessica hit esen, time Noy, and SSear. Rpdteford SABA 5$e Management Consulting Protect At g>hurg College Purpose and Rationale Purpose Place the City of Stillwater in the best position to meet future economic development challenges in the community and Twin Cities' metropolitan region. Our chosen demographic (based on discussions with our professor) will be professionals, college educated, and higher discretionary income. Those who will return to Stillwater. Rationale The City of Stillwater has a lack of events scheduled during the winter and early spring, the current activities are focused on early spring through late fall. In order to be economically well positioned in the future, it is in their interest to become a year-round destination. Method Establish a Vision To become an activity driven year-round destine' demographic Establish Goals * Identify and research 9 comparable cities in the region and other parts of the country, which were then narrowed down to 6 cities. * Identify economically beneficial events from these cities and determine if they would fit Stillwater's culture and business community * Develop recommendations based on the research 5/17/2016 1 Benchmarked Citie *Natural amenities - particularly lakes and rivers * Similar size - 15,000-25,000 people * Historic downtown area * Generally within 30-90 minutes of a large metropolitan area * Cold winters that cause drop-offs in tourism *Hastings, Winona, Alexandria, New Ulm, Hudson, WI, and Ashland, OR Bock Fest New Ulm, MN Hosted by August Schell's Brewery in cooperation with the New Ulm community Vicitnrc Rurrau * 1 -day outdoor German -themed event held on a Saturday in February featuring the local brewery, a scavenger hunt for the 7 Bocks of Winter, live music, dancing, and socializing * Many attendees move on to local bars and restaurants in the evening * $45-50K in ticket sales (910 tickets, with 4500-5000 attendees). Potential in Stillwater Mutual financial benefits for local businesses and breweries Greatly increased occupancy rates and multi -day stays Appeals to tete target ore demographic and people outside the local area Winter Spectacular Alexandria, MN * Event held annually the last weekend in Janua- * Sponsored by Alexandria-ahh and other local race clubs, Polaris, Arctic rat *Run for profit by the 10 GDP who reported costs at 565-70K and income of $90K from ticket sales. * 2 -day event that includes snowmobile races, food, music, and fan signings * Events tends to draw young men ages 20-25, not recommended at this time. Potential in Stillwater Attract sports enthusiasts maybe not familiar with Stillwater Increased occupancy rates Potential for monetary contributions from sponsors and hospitality and tourism organizations 5/17/2016 2 Christmas Tour of Homes; * Event held annually the weekend November - Hosted by the Chamber of Commerce, this 2 day event features 5 homes adorned in Christmas decorations, decor and food from local retailers * Event brought in 1600 attendees and $32,000 in ticket sales in 2015 * People are shuttled between the 5 houses for viewing Mv,»tial in StlOuater <m`d te into 'Christmas at the Courthouse' d,-,*ssrc would baht revenue for local shops, restaurants. and hotels Pune rtiai girls weekend marketing strategy to boost local salons and , avenues Chocolate Festival CtiOCOLMYE Ashland, OR * Early March ev t thxl res%ca chocolatier contest, workshops,stsniT wine dining. a 3 day evennt,overing G;day Sunday with an average -of 1200-1500 attendees * Tickets are $15, with special dinners that run $35-75, resulting in at least $18,000 in revenue Potential in Stillwater Could occur over Valentine's weekend Would spotlight local candy shops, chefs, chocolatiers, and restaurants Increased occupancy rates and revenue for some local businesses, Including possible collaboration\deals with 8&B s Culinary Festival ,4. Ashland, OR * Organized by Chamber of Commerce and sponsored by Sysco * 3 -day event covering Friday -Sunday, usually early November * Local restaurants serve small samplings of their dishes in addition to culinary workshops and a best chef contest * Tickets are 570 with attendance of over 1,000, earning over S70,000 Potential to Stillwater Take advantage of Stillwater's renowned food and restaurant scene Expose attendees to ail of Stillwater's restaurants. resulting in regular visits throughout the year Potential pairing with Twin Cities' Restaurant week tri late pepruaty 5/17/2016 3 Frozen River Filum es Winona, MN * Typically held in mid February (February 15-19, 2017) pu. is _i m es Iva organize .y e 1 yo ^mons, showcasing documentary films and discussions on a variety of issues important to the community. * Ticket prices range from 'Free for Students' to $120 'Premiere Passes' Potential in Stillwater Attract a variety of people who might not othhenuise vis Stillwater • Increased income for local businesses, restaurants, and hotels Easter Bunny Breakfast Hastings, MN * Hosted by the Rivertown Lion's Club, this 1 -day event is * Event includes a breakfast, Easter Bunny visit, children's games, pre -made Easter Baskets, and drawings *Typical attendance of 400-475 people *In 2016, about $1,100 was raised Potential in Stillwater Engage families fn a fun, smaller scale community event An opportunity to partner with a focal organization or business A good social investment, not a good return on investment Sticks in Stillwater Mite Outdoor Hockey Festival *Very successful first year *All businesses contacted reported improved business that weekend compared to other years, but could not quantify it 5/17/2016 4 Hockey Day Minnesota *Great potential for this event to bring multi -ray s core demographic *Host every year OCKEY DAY INNESOTA STlLLWATER 2Y:? _... ID WIN Recommendations *Events that would o -.--restest fin *Bock Fest *4500-5000 participants; $45,000 in revenue *Christmas Tour of Homes *1600 participants; $32,000 in revenue *Chocolate Festival (paired with Valentine's Day weekend) *1200-1500 participants; $18,000 in revenue *Culinary Festival (paired with Restaurant Week) *1000 participants; 570,000 in revenue *Sticks in Stillwater Mite Outdoor Hockey Festival *Hockey Day MN *Utilize a promotional calendar and flyer r in water feemotown for tho Holidays t*_2* Ss has Y.Mya b*tt um*. Cadnw 1* -2 M. 'Ala* Mu 9n* Stmt nates. Bre 2a. vev:u*Y'a'e0a QrCyti: W1'?r*Y M.�w.. M]tap Wry Ow tft* CMtttat taw of Harm '.wc TS31 C.*" Come Mr\r• aa3i-NNRkwi***i�dr*'s"^- N.¢d *MM. ,V.. hx, of*, Sxw.v. ve maz .uatwi to,, ,a.tw .2,4a tstcraau NS' Avon !talamon as tt t1 tweak* sixma 44. A.. .,es b.'.,. B ha *& R>a•.a. ei .y x,2Z c.sa,.ntaau.sra..so*mw..s. Events in Italic are not officially scheduled for 2016 but ostiallyWI on this week Events in bald are the ones covered in this project 5/17/2016 5 5/17/2016 6 Eric A. Solberg 2064 Oak Glen Drive Stillwater, Minnesota 55082 May 17, 2016 To: Stillwater City Council At the March 22, 2016 Stillwater City Council meeting it was decided to deny approval of the first reading of an ordinance related to parking vehicles on yard areas. At that time you did not say if you would be drafting different regulations (based on feedback from residents) or if you had given up. Since the City of Stillwater spent over a year on this subject, completed a survey in 2015 that was sent to 600 residents, and 61% supported some form of yard parking regulations, I believe you have an obligation to the residents of Stillwater to implement at least common sense yard parking regulations — ones that consider all points of view — especially the perspective of residents that do not have the space to park vehicles on driveways or cannot afford to add additional parking spaces. To help the City Council to move forward with some common sense yard parking regulations, I would like to ask the voting Council members for your opinions on three questions. Please note that I am not asking for the City Council members to pass regulations — only to voice their individual opinions on three questions. The questions are: 1. If a City of Stillwater resident has room on their driveway to park additional motorized vehicles, should they park the motorized vehicles on their driveway instead of their yards? 2. If a City of Stillwater resident does not have enough room to park all vehicles on their driveway should they park on back or side yards (not including corner sides) - if they have the space and accessibility to park on side yards or back yards - before they park on front yards? 3. What does each voting member think should be the maximum length and number of vehicles parked on lawns? The first two questions would not cost residents anything to implement and would not require the construction of parking pads. The third question would address vehicles that should be parked off site due to their size or number. Each City Council member must have an opinion on the size and number — it is time to determine if the Council can reach a majority consensus opinion. The Stillwater City Council has spent over a year on this subject. It is time to act with changes that reflect the desire of the majority for you to do something but also to recognize that some residents have limited options. Y1etaiamOdailla tia0: fifi Why do you think the people who designed the benches chose to put them where they did? • fel a nit/ Share it at facebook.com/artbenchtrail. Take pictures at all seven benches, upload to artbenchtrail.org, and be entered to win two tickets to a play at The Phipps! .31)0a deze...I I ST. CROIX FALLS OSCEOLA MARINE ON ST. CROIX BAYPORT .111C PIIIIPS <DATA Mt TNE ARTS ...41 ST. CR.1),..3X,VA L LEY .T.J2fartoN The Art Bench Trail is made possible with support from the Kresge Foundation. Photography by Steven Johnson TRY THESE FUN ACTIVITIES WHILE VISITING THE ART BENCHES: Bring colored pencils or crayons and paper. Use them to reveal the textures you find on each bench. p What do the words, pictures, shapes, or other details on each bench tell • you about the St. Croix River? Kie aPtest Sit quietly on the bench. What do you hear and see? Write a short poem or haiku about how this makes you feel. (A haiku has three lines of 5, 7, and 5 syllables.) Located in Minnesota Historical Society's Marine Mill Site Park. Directions from Stillwater: Hwy 95 north 12 miles, turn right on Maple Street, right on Judd Street. Go one block to Marine Mill Site Park. Bench is to the right of the main path at the entrance to the park. Located at Croixdale Senior Living Center, 750 MN Highway 95. Directions from Stillwater: Hwy 95 south 3 miles to Croixdale, on right side of road, across from Andersen Windows manufacturing plant. Bench is on patio to left of front doors. Located in Carpenter Nature Center. Directions from Afton: County Road 21/St. Croix Trail south 10 miles. Turn left into Carpenter Nature Center. Bench is across from the Visitor Center. Located in Freedom Park. Directions from downtown Prescott: Hwy 35/Broad St./ Jefferson St. 1 mile south; look for Great River Road Visitor Center/ Freedom Park signs. Turn right onto Monroe Street. Bench is in the butterfly garden. Settlers' Rest Marine on St. Croix, MN Dedicated 2009 Designed and constructed by 4th and 5th graders from Marine Elementary School, their families and other community members, with artist Karron Nottingham. Kindness is Key Bayport, MN Dedicated 2006 This bench is the result of several intergenerational storytelling gatherings involving local Girl Scout troops, residents of Croixdale, a senior living center, and artist Judy Sell. Junior Girl Scout Nature Bench Carpenter Nature Center, MN Dedicated 2011 Six Junior Girl Scouts participated in nature programs and volunteered at Carpenter Nature Center, and worked with artist Estela de Paola de Lerma to incorporate their experiences into this bench. The Butterfly Bench Prescott, WI Dedicated 2008 Sixty community members, including volunteers from Friends of Freedom Park, youth from the Helping Hands 4-H, and teens from Prescott High School's Ecology Club, created this bench with artist John Turula. ART BENCH ;TRAIL MAP TAYLORS FALLS 0 • MINNESOTA MARINE ON ST. CRIOX STILLWATER BAYPORT CD • • ST. CROIX FALLS OSCEOLA SOMERSET 1 AFTON CARPENTER NATURE CENTER HASTINGS '°4//i5 WISCONSIN HUDSON PRESCOTT CID More Benches Coming Visit artbenchtrail.org for updates on new benches as they are added to the Art Bench Trail. Rock & River St. Croix Falls, WI Dedicated 2011 Nine summer school students ages 9 to 12 designed this bench with local artist James Shoop, Franconia Sculpture Park staff, teacher Amy Klein, and National Park Service Ranger Dale Cox. Togetherness Osceola, WI Dedicated 2014 Twelve third- through eighth -grade students designed this bench with artist David Markson during a four-week sum- mer school class organized around the question, "How was the river shaped and how has the river shaped us?" Two -River Rest Somerset, WI Dedicated 2008 Thirty-eight special -education students from Somerset Elementary and High School worked with local craftsman Bruce Martell to design and create this stone and tile bench. The River Bench Hudson, WI Dedicated 2006 Sixty children from Hudson's Destination Imagination program and their parents contributed more than 1,000 hours to this project, working with artist Lynn Jermal. quir Located in Gaylord Nelson Riverwalk. Directions from South: Hwy 35 north into downtown St. Croix Falls. Tum right on Washington Street/Hwy 87. Turn left on Massachusetts Street. Bench is on path south of the St. Croix National Scenic Riverway Visitor Center. Located in Mill Pond Park. Directions from South: Hwy 35 north into Osceola's down- town business district. Mill Pond Park is on right side of street. Turn right onto First Avenue. Bench is on the park's main path overlooking Osceola Creek. Located in Larry Forrest Memorial Park. Directions from North: County Road I past entrance to Somerset Schools, under railroad overpass. Turn right on Forrest Drive. Bench is between pond with fountain and baseball field. Located in Lakefront Park. Directions from 1-94: Take WI Exit 1. Turn left on Buckeye Street (first light). Turn left on First Street. Bench is between playground and boat launch. Economic Develop; en t Analysis Amy Guerin, Allyssa Mashak, Jessica Niesen, Brian Noy, and Sean Rocheford MBA 580 Management Consulting Project Augsburg College May 17, 2016 1 Executive Summary City of Stillwater Economic Development Analysis Introduction Purpose The purpose of this project was to place the City of Stillwater in the best possible position to meet future economic development challenges in the community and Twin Cities' metropolitan area. The critical project objectives were to: 1) research and 2) document appropriate economic development, marketing, and/or branding data from comparable cities in the region, state, and nation for use as benchmark information. Using these data, the City of Stillwater will be able to develop informed future economic goals and plans. Method Several strategies were used to investigate economic development opportunities for Stillwater. First, a thorough analysis of Stillwater's background, characteristics, and events were conducted, including a SWOT analysis. Second, characteristics of nine comparable cities, given to us by Stillwater's city officials, were investigated. Cities included: Alexandria, MN; Ashland, OR; Brainerd, MN; Hannibal, MO; Hasting, MN; Hudson, WI; New Ulm, MN; Red Wing, MN; and Winona, MN. Total population, total city operating budget, economic development policies, staff, budget and programs, marketing/branding strategies and budget, event strategies and policies, and use of web 2 site/social media in marketing strategies were identified. The results of the investigation of these nine cities were detailed in a spreadsheet and is appended to this report. Third, after a brief analysis of year-long events for each city, seven winter events were investigated. The events included: Bock Fest from New Ulm, MN; Winter Spectacular\Ice Oval Snowmobile Race from Alexandria, MN; Parade of Homes from Hudson, WI; Culinary and Chocolate Festivals from Ashland, OR; Frozen River Film Festival from Winona, MN; and Easter Bunny Breakfast in Hastings, MN. For each event, the following characteristics were identified: the event's history, marketing, substance, demographics, financial versus an emotional gain, sponsor, and amount of money raised. Additionally, a SWOT analysis of the event was completed. This gave a general look at the event as a whole, but did not give specific financial information. There were roadblocks to gaining financial information, i.e., amount of money raised, because often the sponsor did not track these data and/or was resistant to sharing the information. To provide a framework for the City of Stillwater's economic development, a vision for Stillwater's economic development was developed. The new vision is: The City of Stillwater will become year -around activity -driven destination for a diverse demographic. After the strengths, opportunities, weaknesses, and threats were weighed, the team translated the findings into Stillwater's economic strategy. From this, recommendations for Stillwater's economic growth were developed. Stillwater Background and SWOT Analysis 3 Stillwater is a vibrant waterfront city located about 30 minutes east of the Twin Cities with a population of approximately 19,000 people. It is situated on the St. Croix River, making it a desirable city to visit, especially in the summer months. The city prides itself on being a safe, historic, small-town place that offers a vibrant downtown area. The citizens value community, education, safety, and family. In recent decades, the city of Stillwater has seen their economic growth come from commercial, residential, and industrial development primarily during the spring, summer, and fall seasons. In turn, business and economic growth is typically at a standstill during the cold, winter months. It is clear that the spring, summer, and fall months are typically bustling, especially in the historic downtown area. Water activities, history, dining, breweries, and antique shops often draw in tourists and city -dwellers during this time. However, winter months tend to have fewer activities scheduled that provide economic benefit for area businesses. A SWOT (strengths, weaknesses, opportunities, and threats) analysis were completed to better understand what Stillwater is doing well and what potential issues the city faces when pursuing economic development. Strengths 1. Stillwater hosts many unique and exciting events during the spring, summer, and fall, which makes it one of the top summer destinations near the Twin Cities. 2. The city is nestled on the St. Croix River, offering a great backdrop for outdoor activities. 4 3. Stillwater features a historic downtown area with many unique stores, antique shops, and restaurants. 4. Stillwater is very close to the Twin Cities, about a 30-60 minute drive for many people, and can easily become a day trip for many people in the metropolitan area. Weaknesses 1. Stillwater lacks winter events. 2. Minnesota's harsh winters take away many of the advantages Stillwater enjoys during the rest of the year. People are less likely to walk down Main Street and look at shops when it is bitterly cold, icy, or snowy. 3. The river, frozen or not, loses its appeal when temperatures drop below freezing. 4. Inclement weather, winter vacations, and competing activities during scheduled events. 5. The aforementioned close proximity to the Twin Cities can also be a weakness as few people from the Twin Cities are compelled to spend the night in Stillwater because they can just make a quick drive home. 6. Closer relationships must be developed with local organizations such as the Chamber of Commerce. Opportunities 1. Stillwater won the bid for Hockey Day Minnesota in February 2017. 5 2. Pairing Hockey Day with a new event during the same weekend could potentially bring even more visitors to the area, while launching and setting up the new event for success in the years to come. 3. The construction of ,a bypass road should take some of the heavy traffic out of the main downtown area, making for a safer and more pleasant walking experience along Main Street. Threats 1. It will require significant employee and volunteer time and some financial investment to increase the number and scale of events Stillwater offers. 2. The construction of the bypass road opens up the possibility of decreased visitors and revenues due to many people never entering the downtown area. 3. It will take time and skilled marketing to build up the excitement and attendance at any new events. From the outcome of the background search and the SWOT analysis, it seems that Stillwater has taken advantage of its unique characteristic of being a "Rivertown." This allows the city to offer activities for all demographics. Stillwater has had many successes developing activities that meet their economic growth goals during the late spring, summer, and fall seasons. The season that Stillwater has yet to take full advantage of is winter. For this economic development analysis, it was important to discover the untapped potential of winter, which is one of Minnesota's treasures. Recommendations 6 Based on the analysis of nine cities and their winter events, the following recommendations were developed. 1. The City of Stillwater must set one or more financial benchmarks for the winter season. 2. Host the following events: a. Bock Fest b. The Christmas Tour of Homes c. The Chocolate Festival d. The Culinary Festival e. Sticks in Stillwater Mite Outdoor Hockey Festival f. Hockey Day Minnesota 3. Collaborate with other entities, like the Chamber of Commerce, to gain momentum and awareness of events. 4. Develop a 12 -month promotional calendar as a tool to ensure that the behind - the -scenes work in event planning is happening, as well as other promotional materials such as a Winter Calendar. Ensure a strong social media presence for each of the events. Conclusions It is necessary for businesses in Stillwater to have activities year-round to bring new and returning customers into the stores, hotels, restaurants, etc. Winter activities currently seem to less frequent, and Minnesota winters are an active time for all demographics of the population to seek fun activities. Therefore, winter was the focus of the research for new economic development opportunities. Analyses of similar cities and 7 their successful events were conducted. Recommendations for specific winter events as well as policies and opportunities were developed to assist Stillwater in improving their economic growth and development in the future. 8 Introduction Purpose The purpose of this project was to place the City of Stillwater in the best possible position to meet future economic development challenges in the community and Twin Cities' metropolitan area. The critical project objectives were to 1) research and 2) document appropriate economic development, marketing, and/or branding data from comparable cities in the region, state, and nation for use as benchmark information. This will assist the City of Stillwater in its review process as it develops future economic goals and plans. The desired outcome was to use benchmarking results to develop recommendations for the Stillwater City Council's consideration in their update of the City Future Economic Development Strategies and Policies. It is important to note here that data analysis identified the need to increase winter events and target professionals as the demographic not currently served. The report will detail how this conclusion was reached. Method Several strategies were used to conduct the collection and analysis of data to develop recommendations for the City of Stillwater on ways to improve their economic development. First, basic city and economic information were collected to provide an overview of what Stillwater's current economic events. This included a SWOT analysis, which informed us as we moved forward. We gathered background information on Stillwater's year-round activities to identify less prosperous seasons and completed an in - 9 depth analysis of two winter events. Second, we collected and analyzed data on nine different cities with similar profiles to Stillwater to identify successful benchmark characteristics. Third, seven winter events from these cities were selected, and we conducted a deep dive on each event including a SWOT analysis of the event to determine if this type of event would be beneficial for Stillwater to pursue. Fourth, we developed a vision statement for Stillwater to use as a framework for their economic development. Finally, recommendations were developed for Stillwater to use to guide their future economic development based on increasing winter events. This was a complex project, and the group members wanted to be as comprehensive in the research as possible. It was important for the team to be able to track our progress and adjust our tasks as necessary. Therefore, we developed and maintained a Gantt chart to determine what tasks were to be completed, the due date for each task, and who was responsible for each task. The team referred to this chart frequently in order to revise tasks, adjust dates, and add/remove tasks, making the analysis more complete. The next section details the strategies and methods. Stillwater Background Data Collection and Analysis Team members collected and reviewed City of Stillwater profile data and characteristics and its planned events and activities to become familiar with Stillwater's background. Current activities were reviewed, and two current winter events were analyzed. A SWOT analysis was also completed to fully inform the team of Stillwater's potential for economic growth. 10 Nine Cities Data Collection and Analysis City of Stillwater officials identified nine cities that are similar to Stillwater that were comparable in size, geographic region, or water sources, yet each has some unique characteristic, such as its amenities or proximity to natural features. The cities included Alexandria, MN; Ashland, OR; Brainerd, MN; Hannibal, MO; Hasting, MN; Hudson, WI; New Ulm, MN; Red Wing, MN; and Winona, MN. For each city, the following data were collected as comparison benchmarks: population, total city operating budget, economic development policies, staff, budget and programs, marketing/branding strategies and budget, event strategies and policies, and use of website/social media in marketing strategies. The data for each city were detailed in a spreadsheet and as the information was collected, the document was updated. Seven Winter Events Data Collection and Analysis We redefined the scope and focused on seven winter events from these cities. We focused on seven categories: the event history, marketing, substance, demographics, fnancial versus an emotional gain, sponsor, and amount of money raised. This gave a general look at the event as a whole, but did not give specific financial information on the event. After discussing our results, we set forth to dig further into the local lodging, restaurants, and retailers in the area and get a picture of the event's success in terms of bringing economic growth to the city. There were roadblocks to gaining financial information, i.e., amount of money raised, because often the sponsor did not track these data and/or was resistant to sharing the information. 11 To add further to the analysis of the seven major events, each team member completed a SWOT analysis of the event they analyzed. In comparing the strengths and opportunities and weighing the weaknesses and threats, we determined how they would translate into Stillwater's economic strategy and in turn developed recommendations for their future growth. Data Analysis and Findings Stillwater Background and Rationale for Decision to Focus on Winter Events Stillwater is a vibrant waterfront city located about 30 minutes east of the Twin Cities with a population of approximately 19,000 people. It is situated on the St. Croix River, making it a desirable city to visit especially in the summer months. The St. Croix River is "one of America's protected Wild and Scenic Waterways" (Stillwater website). The city prides itself on being a safe, historic, small-town place that offers a very vibrant downtown area. Citizens value community, education, safety, and family. Stillwater has taken advantage of its unique characteristic of being a "river town." This allows the city to offer activities for all demographics. The City of Stillwater has had many successes developing activities that meet their economic growth goals during the late spring, summer, and fall seasons. When conversing with city officials about the economic status and development of Stillwater, it became clear that the spring, summer, and fall months are typically bustling, especially in the historic downtown area. Water activities, history, dining, breweries, and antique shops often draw tourists and city -dwellers during this time. 12 Late spring activities coincide with the ending of the school year and the start of summer outdoor activities. Summer activities have proven successful due to Stillwater's location on the St. Croix River, its adjacency to the Twin Cities, and the mild Minnesota summer climate. For similar reasons, there are also successful fall activities. Minnesota's weather provides a great backdrop for continuing the river town theme, and families gather riverside and in the downtown area for markets, sales, and craft events. In recent decades, the City of Stillwater has enjoyed economic growth from commercial, residential, and industrial development. Further, Stillwater experiences economic boom during primarily the spring, summer, and fall with business and economic growth typically at a standstill during the cold, winter months. Winter months tend to be a time of less action, and offers an opportunity for Stillwater. Therefore, the focus of this research is to bring economic growth to Stillwater during the traditionally slower winter months. Current Activities Stillwater currently has numerous events that take place throughout the year, with the majority of them concentrated during the late spring, summer, and fall. These events occur weekly, bi-weekly, monthly, or annually, depending on the event. The spring, summer, and fall events will be briefly reviewed, with greater focus on the winter events, since the winter season is the basis of our research. Stillwater's spring events and activities can be broken down into two categories, common and unique. Common events and activities can be attended in many cities across the state, that is, they are not city -specific, but occur casually or as part of normal 13 tourism. Unique events and activities are specific to Stillwater; they are not offered in other cities. The common events and activities focus on wine tasting, craft beer making, golfing, bicycling, fishing, canoeing, kayaking, boating, camping, and spending time in the parks. Common events and activities during the summer in Stillwater include Market and Music in the Park Tuesday, 4th of July Fireworks, a car show, a 5K road race, a wine/art festival, and the Washington County Fair. These activities can be held in various cities across the state or region. The unique events and activities include named or themed activities such as BierCycles, Wahoo Adventures, Scenic Hot Air Balloon Rides, and St. Patrick's Day Scavenger Hunt. In Stillwater, they also include Cruisin' on the Croix, the River Town Art Fair, North Star Bicycle Festival, an Ice Cream Social, Vintage Baseball Exhibition, Lumberjack Days, Music in the Meadow, Apple Harvest Eggfest, and the Square Lake Music Festival. In the fall, the common events in Stillwater are Ladies Night Out, Trick or Treat for Kids, tours of the historic courthouse, and a German wine festival. The unique fall events include Fall Colors Fine Art and Music Festival, Northern Grape Stomp, Take Me to the River Event, Harvest Fest and the Giant Pumpkin Weigh -Off, and Cheese and Chocolate Weekend. Analysis of Two Winter Events The greatest problem facing Stillwater currently, and the subject of our research, is the limited offering of events and activities during the winter season. Although there are some events during the winter, this is typically the slow season for tourism, retail, 14 restaurants, and most other businesses that depend on outside visitors for revenue. The common events and activities during the winter include cross country skiing, snowshoeing, sledding, ice skating, snowmobiling, wine tours, and visits with Santa and his reindeer. The unique events that the City of Stillwater puts on during the winter are Hometown for the Holidays, Horse Carriage Rides along the River, and the Twinkle Parade. We conducted in-depth research on two of Stillwater's winter events to understand what goes into the planning and marketing of these events, and to determine any financial or social benefits they provide. The first event reviewed was the Hometown for the Holidays event. This event runs from the last two weeks of November through the entire month of December. This event includes several activities throughout its duration, including the Twinkle Parade, horse carriage rides, tours, caroling, Black Friday on Main, and Shop Small Saturday. The variety of activities during the course of this event allows for both families and individuals to get involved in the fun. The city businesses are able to benefit from this event financially, and residents of Stillwater benefit from the event through a feeling of connection with their community. It is marketed through its own Facebook page, the City of Stillwater website, and the Discover Stillwater webpage. This event is held annually and emerged out of Stillwater's tradition of entertaining holiday visitors over the last 165 years. The second event actually occurs during the Hometown for the Holidays; it is the Twinkle Parade. This event -within -an -event features children given the opportunity to have cookies and hot chocolate, while enjoying the many lights on the floats in the 15 parade. Mrs. Claus then leads the parade along the St. Croix River to the gazebo where there is a tree lighting ceremony, followed by Santa's arrival on a fire truck and fireworks. Families are the focus of this event, but individuals attend as well. Entrance to the event is free, but area businesses may see some financial benefit from the additional activity in the downtown area. The main benefits of this event are emotional and come from a heightened sense of community and holiday spirit. This event is marketed through the Explore Minnesota website, the City of Stillwater website, its own Facebook page, and the Twin Cities Pioneer Press website. The parade is also held annually since it coincides with the Hometown with the Holidays. Based on the information collected and analyzed during the background search and analysis of two events, we developed a SWOT (strengths, weaknesses, opportunities, threats) analysis to gain a better understanding of Stillwater's current economic development and confirm that winter activities were the best opportunity for economic development. SWOT Analysis of Stillwater In this Section, a detailed SWOT analysis provides an accurate representation and overview of Stillwater's strengths, weaknesses, opportunities, and threats. Strengths The City of Stillwater has many strengths and uses them well. They host many unique and exciting events during the spring, summer, and fall. These events make Stillwater one of the top summer destinations near the Twin Cities and draw many people to the area. The city is nestled on the St. Croix River, offering a great backdrop for 16 outdoor activities. It also features a historic downtown area with many unique stores, antique shops, and restaurants. One of the restaurants, Smalley's Caribbean Barbeque and Pirate Bar, was featured on the Food Network Show Diners, Drive -Ins, and Dives. There is a new craft brewery, Lift Bridge Brewing, which is growing in popularity. Stillwater is also very close to the Twin Cities, about a 30-60 minute drive for most, and can easily become a day trip for many people in the metropolitan area. Weaknesses The City of Stillwater is not without its weaknesses. The glaring weakness in terms of year-round economic development is the lack of winter events. Minnesota's harsh winters take away many of the advantages Stillwater enjoys during the rest of the year. People are less likely to walk down Main Street and look at shops when it is bitterly cold, icy, or snowy. With fewer people on Main Street, the local shops, restaurants, and businesses suffer a decline in revenue. The river, frozen or not, loses its appeal when temperatures drop below freezing. The aforementioned close proximity to the Twin Cities can also be a weakness. For the hotels in town, few people from the Twin Cities are compelled to spend the night because they can just make a quick drive home. Opportunities There are several good opportunities for Stillwater to improve their appeal and business traffic. One of these opportunities has recently presented itself in the form of Stillwater winning the bid for Hockey Day Minnesota in February 2017. There will certainly be an influx of visitors during this particular winter event from which the city 17 could capitalize. Pairing it with a new event that weekend could potentially bring even more visitors to the area, while launching and setting up the new event for success in the years ahead. There are many open weekends where events could be planned, adding to the appeal of Stillwater in the winter. The construction of a bypass road should take some of the heavy traffic out of the main downtown area, making for a safer and more pleasant walking experience along Main Street. Threats There are several threats that Stillwater faces to become a better winter destination. The most obvious one is that it will require significant employee and volunteer time and some financial investment to increase the number and scale of the events offered. Closer relationships between the city and local organizations such as the Chamber of Commerce must be built. The construction of the bypass road also opens up the possibility of decreased visitors and revenues due to many people never entering the downtown area. It will also take time and skilled marketing to build up the excitement and attendance at any new events. Outcome of Stillwater Analysis After completing the background research and the SWOT analysis, we confirmed that the most direct method to increase Stillwater's economic growth and development is through the addition of select, specific, well-developed winter activities and events. Further, that these events focus on professionals as families are well served by events during the other three seasons. 18 Findings from Nine Cities Data For this project, we benchmarked nine cities from the Midwest region and Northwest areas of the United States. From these nine cities, we identified and analyzed seven specific winter events from six of the original nine cities. The cities were chosen based on: • Similar size — 10,000-25,000 people • Natural amenities — particularly lakes and rivers • Historic downtowns • Within 30-90 minutes of a large metropolitan area • Cold winters, with similar drop-offs in tourism during these months Table 1 summarizes data from the nine cities and a few key points about them. Table 1. Summary of City Research City Summary Pop. Total City Budget Economic Development Policies and Programming Unique Winter Attractions Stillwater City 30 minutes outside the Twin Cities. Historic downtown along the scenic St Croix River with many upscale shops and restaurants. 19,000 $20,290,000 Tax Increment Financing, Downtown Facade Implementation Program Hometown for the Holidays with Horse Carriage Rides along River and Twinkle Parade Alexandria. MN Small city on a lake 90 minutes northwest of the Twin Cities. Home to trade schools and outdoor entertainment. 11,580 $8,957,688 Department of Employment and Economic Development, Alexandria Area Economic Development Commission (AAEDC) Waterpark Ashland, OR City 4 hours outside of Portland, OR in Siskiyou Mtns. University town with popular Shakespeare 20,713 $100,303,935 Downtown Beautification Improvement ad hoc Committee, Chamber of Commerce Festival of Lights for Christmas, Culinary Festival 19 20 festival, and outdoor tourism attractions. Liberal compared to surrounding region. Brainerd, MN _ Small city about 90 minutes north of the Twin Cities, serving as a gateway for many of the lakes and cabins that Minnesotans, and particularly city dwellers, escape to on weekends. 13,592 $14,269,234 Fishing Contest, Gull Lake Frozen Fore with events and ice bar, St Urho's Pub Crawl, Winter Fest (medallion hunt and more), indoor waterparks Hannibal, MO Historic river town. Home of Mark Twain, serves as foundation for Mark Twain festival; other tourism. 2 hour drive to St Louis, MO. 17,883 $22,817,306 Historic Hannibal Marketing Council, Chamber of Commerce Victorian Christmas, Farmers Markets, Polar Plunge Hastings, MN 30 minutes south of the Twin Cities at convergence of the St Croix and Mississippi rivers. 22,172 $25,771,617 Inaugural year programming for Rotary Pavilion Lions Club Easter Bunny Breakfast, Ultimate Girls Night Out Hudson, WI Closest Wisconsin city. Nice shops, restaurants, and river -based entertainment. Slightly more relaxed alcohol laws than their Minnesota neighbors. 12,719 $10,252,552 St Croix Economic Development Corporation, Revolving Loan Fund Hot Air Affair, Reindeer by the Park New Ulm, MN 90 minutes outside the Twin Cities. Historically German town in southwest MN along Minnesota River. Well preserved and home to state's oldest brewery - August Schell Brewing. 13,522 $24,294,917 New Ulm Economic Development Corporation with incentives of low cost land in exchange for workforce commitments, quality work force, quality of life; Several manufacturing industries; New Ulm Retail Development Corporation; Economic Development Authority Bock Fest at Schells. Christmas Luminaries at Schells, Band Parade Red Wing, MN 1 hour outside of the Twin Cities, located in the Mississippi River bluffs. Well preserved downtown, with well- known heirloom companies like Red 16,459 $20,290,000 Economic Development Authority (EDA), Red Wing Port Authority, Chamber of Commerce, and Visitors and Convention Bureau Hometown Christmas (day after Thanksgiving) with gifts, reindeer, penguins, and more 20 Findings from Seven Winter Events When researching these cities, we considered budgets, staffing, and economic development policies. However, after reflecting on the primary use of the results of this project, we focused on specific events that are happening across the country that could be a good fit in the Stillwater context. This context includes the impact events have, their sponsors, and how they could fit into a robust winter schedule, which can ensure there is something exciting to do every weekend of the year in Stillwater. Through the research, we identified seven key winter activities that thrive in other cities across the country and could be a good fit for the City of Stillwater. The following section provides an outline of these events and an analysis of their Strengths, Weaknesses, Opportunities, and Threats (SWOT analysis). The events included: Bock fest from New Ulm, MN; Winter Spectacular\Ice Oval Snowmobile Race from Alexandria, MN; the Parade of Homes from Hudson, WI; the Culinary and Chocolate Festivals from Ashland, OR; the Frozen River Film Festival from Winona, MN; and the Easter Bunny Breakfast in Hastings, MN. 21 Wing Stoneware and Red Wing Shoes. Winona, MN About 1 hour from the Twin Cities along the Mississippi River bluff. Historic downtown, a small college, and multiple mid-sized manufacturers. 27,546 $19,302,000 Winona County Economic Development Authority, Main Street Program Winona Winter Carnival with races, market, workshops, etc.; Winter farmers markets; Frozen River Film Festival Findings from Seven Winter Events When researching these cities, we considered budgets, staffing, and economic development policies. However, after reflecting on the primary use of the results of this project, we focused on specific events that are happening across the country that could be a good fit in the Stillwater context. This context includes the impact events have, their sponsors, and how they could fit into a robust winter schedule, which can ensure there is something exciting to do every weekend of the year in Stillwater. Through the research, we identified seven key winter activities that thrive in other cities across the country and could be a good fit for the City of Stillwater. The following section provides an outline of these events and an analysis of their Strengths, Weaknesses, Opportunities, and Threats (SWOT analysis). The events included: Bock fest from New Ulm, MN; Winter Spectacular\Ice Oval Snowmobile Race from Alexandria, MN; the Parade of Homes from Hudson, WI; the Culinary and Chocolate Festivals from Ashland, OR; the Frozen River Film Festival from Winona, MN; and the Easter Bunny Breakfast in Hastings, MN. 21 Bock Fest New Ulm, MN Bock Fest is an annual beer festival put on by the August Schell Brewery in the City of New Ulm, Minnesota. It is a single day event, which occurs in February, where people show up to drink plenty of Schell's beer outside in the cold. During the event, there is a hunt for the seven Bocks of Winter, live music, and plenty of socializing. There are people roaming the premises with beer kegs strapped to their backs, ready to refill the glasses and mugs of those in attendance. The event is for those aged 21 and older in compliance with the federal drinking age laws. This event has been held annually for the last 30 years. The event is marketed through Schell's Brewery Website, Explore Minnesota's Website, radio, Beer Advocate's website, Facebook, social media, print, and local media. Billboards, magazines like The Growler, and word-of-mouth also are used to promote the event. Schell's Brewery works closely with The New Ulm Community Visitors Bureau, which is a subset of the Chamber of Commerce. The focus of our research around the event was on determining the financial impact the event has on the City of New Ulm. Obtaining financial data surrounding the event proved to be quite difficult, as New Ulm businesses were either unwilling or unable to share exact numbers in most cases. This includes the city government, which does not track any metrics on the financial impact of the event. However, there was important information collected, and conclusions were drawn about the impact of the event. Hotels are the businesses in New Ulm that appear to have benefitted the most from this event's annual occurrence. Every hotel contacted reported that the event guarantees them 100% occupancy. One of the local bed and breakfasts said that 22 occupancy increases from their average of 32% to 100% for this event. Multiple hotel managers said that people would often book their hotel room for next year's Bock Fest when they check out of their room from this year's Bock Fest. Many of the hotels in town are also able to increase their rates for that weekend and still maintain 100% occupancy, allowing them to make additional profit. Local restaurants and businesses reported mixed results during the Bock Fest event. The more traditional sit down restaurants like Applebee's and Veigel's Kaiserhoff both reported that the event resulted in noticeably more business than usual, especially in the evening for dinner. After eating at their restaurants, people would then go on to other establishments. Representatives from Lola American Bistro and The Pantry both said their businesses did not fit the typical Bock Fest attendees' interests, and therefore, they had no perceived financial gain from Bock Fest. Lola American Bistro is a cafe, and The Pantry is a non-traditional establishment with wine, bottled beer, and Jazz music. No businesses contacted reported a decrease in business due to the event. SWOT Analysis of Bock Fest Strengths • Long time tradition, held by one of the oldest companies in the state • A destination in the region • Fun and rowdy event during the quieter months of the year • Strengthens the brand to support year round sales Weaknesses • Doesn't attract families, and may be of limited interest to seniors • Is an event put on primarily by one company, with minimal involvement from local businesses Opportunities 23 ® Partner with local restaurants and hotels for package deals Threats O Since it frequently involves intoxication among attendees, there are clearly some liability and risk factors involved Cultural Fit for Stillwater There are important similarities between the two cities that suggest this type of event could become a major success in Stillwater and Lift Bridge Brewery. The first is the presence of an established brewery in both of the cities. The City of New Ulm has the August Schell Brewery, which has been around for over 100 years; the City of Stillwater has Lift Bridge Brewing, which has been around for eight years. Despite being a relatively new establishment, Lift Bridge Brewing certainly seems stable enough consider exploring this type of event. It may also help keep the brewery in good financial condition by building awareness and a greater customer base for them. Both Stillwater and New Ulm are small to medium sized cities at 19,000 and 13,522 respectively. Since New Ulm is smaller and still able to handle the large influx of people for this event, Stillwater should be able to as well. New Ulm and Stillwater both have a main street of shops, historic and well-known restaurants, and hotels in town. Despite the typical small town feel of New Ulm, it is open to the idea of bringing in a significant amount of people to partake in drinking beer for a weekend in a controlled environment, despite the typical concerns that come with alcohol consumption. The August Schell brewery is an iconic part of New Ulm, and they embrace its presence, as should Stillwater with Lift Bridge Brewery. Organizing an event similar to Bock Fest in the City of Stillwater is a great potential opportunity for several reasons. It would allow Stillwater to capitalize on the recent rise in both craft beer and Lift Bridge Brewery's popularity. As evidenced by Bock Fest and the 24 1 1 1 1 1 1 1 1 1 I I overwhelming positive response from New Ulm area businesses regarding its benefits, this type of event has the potential to attract a significant amount of people and generate revenue for both the brewery and local businesses. Although it would take some time for a new brewery event in Stillwater to achieve the success of Bock Fest, it should eventually lead to reliable increases in hotel occupancy, restaurant and business revenues, and publicity every time the event is held. 'Winter Spectacular Ice Oval Snowmobile Race at Viking Speedway Alexandria, MN 41111111111.. The Winter Spectacular is an annual event started in 1974; the event took a 20 -year hiatus and returned in 2013 with the help of a private for-profit organization named the 10 GDP. Jim Beilke, owner of Race & Rally magazine, originally founded the event; he wanted to bring recognition and hospitality to his hometown of Alexandria, MN. The event is for all ages, however the majority of attendees are males aged 20-40. Quite a few families with small children do attend. The goal of the event is to help boost the city's economy by promoting tourism in the winter months for a town that has most of their business in warmer months. They strive to promote local businesses by giving deals on lodging, food, and entertainment. The event includes two different driving classes from drivers all over the United States and Canada and boosts national championship riders. The 2 -day event includes snowmobile races, food, music, and fan signing with winning riders. The event is promoted through various channels including the internet (alexwinterspectacular.com); radio (KXRA's voice of Alexandria); advertisements 25 (Flyers- both on website and locally distributed); and through social media via Facebook, Twitter, and Instagram. Event organizer, Jeff Karrow, estimates that the event saw 20% growth in attendance from 2015.to 2016. He also said that the event raises $90,000 per year in the area of ticket sales, concessions, lodging, restaurant, and retail related businesses. Hotel managers stated that during the weekend of this January event, there were substantially higher occupancy rates than other weekends in the winter months. The average occupancy rate for lodging in the area was 86%. The event's organizing group has received financial support from Explore Alexandria of approximately $12,000 per year. This financial support shows that the event has brought in significant business to the city and tourism organizations want the event to continue. The event continues to be sponsored by numerous organizations including, but not limited to, Alexandri-ahh, Drift Racing, Gardonville, Napa, Country Cat, Schaeffer's racing oil, TLR Cup, Michelob Golden Light, and others. SWOT Analysis of Winter Spectacular Strengths • Brings in significant business to local lodging, restaurant, and retail busniesses; explore Alexandria gave $12,000 in 2016 to event leaders • Evokes community involvement • 20% growth in sales from 2015 to 2016 • Strong media presence • Well known snowmobile racers from all over the world enter the event Weaknesses • Only 3rd year in operation, with limited financial information available • No city affiliation - has to pay special event permit 26 • A for-profit event - proceeds go back to businessmen/snowmobile racers who put together event (Group name is 10 GDP) Opportunities • Partner with other events to create a weekend full of entertainment for the family that would generate greater lodging numbers, which would increase local food and retail sales • Continue event for years to come to create a tradition for Alexandria for the winter months • Attract more world-class riders to bring in more fans Threats • Contingent on weather • Malfunction in equipment could delay or even cancel races Cultural Fit for Stillwater This type of event would be very different for the City of Stillwater but could be a great emotional and economic benefit for the city. Much like the hockey tournaments, any sporting event such as a snowmobile race, would increase existing and entice a new demographic of people to the area. Creating an annual race that can be associated with the City of Stillwater could be the start of a tradition in the winter months. The economic benefit would greatly increase lodging, as shown by the unusually high 86% occupancy rate during the weekend of the snowmobile race. Explore Alexandria feels so strongly about the event that they give an annual monetary contribution. If this event proved to be successful in Stillwater, a similar contribution may become available from comparable organizations. i r/� / Christen as Tour � of >Eiames / / � r � ut1S011 W I //�� / iaa 27 The Hudson Christmas Tour of Homes has become an iconic event in the Twin Cities surrounding area in the holiday season. The tour is held for two days at the end of November. The event, held by the Hudson Chamber of Commerce, just celebrated its 30th year in 2015. The tour was originally created by the Chamber of Commerce to connect homeowners and Chamber business members to promote local businesses and bring growth to the area. The Chamber of Commerce website is the main forum for marketing the event but there is also the Travel Wisconsin website, Facebook, twitter ad updates, TV, radio, and print advertisement. The Chamber markets the event as "Girls Getaway Lodging Package" where they have deals with local hotels, inns, and spas to reach their target demographic, women. The Christmas tours allow individuals ages 12 and up to attend, but are mostly women ages 25 and up. The long-standing event is a staple for the area. The event consists of five homes decorated in Christmas decor; each attendee buys a ticket for one or two days and is able to shuttle from house to house. Homes display decor from local retailers as a way to entice attendees to shop at their stores once the tour is over. There is also a free art/craft show with the purchase of your ticket. The event raised $32,000 in ticket sales in 2015, but restaurant and retailers disclosed no specific financial information. Local retailer and restaurants refused to give info out even to the Chamber themselves. The average lodging occupancy was 88% on 28 the weekend of event in 2015, which was down from 2014. This decrease could be explained by the annual Vikings vs. Packer game being the same weekend. Using the equation of an average ticket price of $20, a meal purchase in town, and a small retail purchase, the average person spends approximately $60 at the event, 1600 people attended the event in 2015, so the estimated economic impact on the community would be approximately $96,000. Money is not the only factor, as the emotional impact of spending the day with some of your favorite friends and family members while taking in the lights and decorations of Christmas is another reason people keep coming back year after year. SWOT Analysis of Christmas Tour of Homes Strengths • Well known long standing tradition for the City of Hudson (30 years old) • Reputable - put on by the Chamber of Commerce • Significant financial gain - ticket sales in 2015 were $32,000 • Creates business for local retailers who showcase their products inside the homes of the tour Weaknesses • Contingent on weather (rainy and cold years have seen less tour goers) • Retailers and restaurants would not give out sales information to Chamber of Commerce, making it hard to get concrete info on community impact Opportunities • Partner with local restaurants to showcase food in homes and give out deals to ticket holders on meals • Strengthen the `girls weekend' marketing theme currently in place - promote local salons to give a 'fun' and `relaxation' aspect of trip to create all around experience for women attendees Threats 29 • Coinciding with major events in the area (Vikings versus Packer Game for 2015 saw a significant drop in sales for that day) • Lack of interest in people to decorate and showcase their homes in the tour • Lack of interest in community businesses to partner with event Cultural Fit for Stillwater This iconic event could be a difficult one to duplicate in the Stillwater area, but if done effectively, it could bring in individuals from all over the Twin Cities and surrounding areas. There could be a slight variation on this holiday event so Stillwater could make it their own. The amount of female shoppers that the Christmas Tour of Homes brings in could benefit Stillwater economically in the downtown area where many specialty retailers and restaurants are located. Retailers and restaurants in Hudson regarding the benefit of this event in November did not give out financial information, but the 30 -year long-standing event speaks for itself in ticket sales. In adding the amount the average shopper spends at local restaurant and retailers at 60 a person, there is a potential for the city businesses to make roughly $100,000 from this weekend event. The link to the community they make by putting local decor and food in the homes toured, and the free art/craft show with ticket purchase is a marketing strategy that Stillwater could benefit from undertaking. culinary 7 Ashland , I��f���f 30 1 i i 1 1 I 1 1 1 1 1 1 i 1 i Like Stillwater, Ashland, Oregon, enjoys an excellent dining scene, with many upscale restaurants that cater to many tourists. The Culinary Festival offers the opportunity to showcase these year-round destinations. The Festival is organized by the Chamber of Commerce and sponsored by Sysco, the national food distributor giant, which is also active in Minnesota. The event runs Friday through Sunday in November. It takes place in the city's restored Armory, an upscale event hall. Local restaurants set up in stations to provide small servings of their finest dishes, and there is a series of workshops that include wine education with sommeliers, how to pickle and ferment food, how to best shop for great produce, wine and beer pairing, and others. There is a contest for the best chef, with the winner chosen from a panel of judges composed of previous winners and regional food critics and celebrities. The event is $70 for access to all the programming and dining. Over 1,000 people attended last year, with steady growth in attendance over the nine years it has run. It can be assumed that at least $50,000 were earned, but financials were not disclosed. Local hotels reported 100% occupancy rates compared to 80% occupancy during similar weekends without the event. Promoting is done through flyers, newspaper articles, magazines, and social media, like most of the other events. One particular area that they succeed in is maintaining a year-round presence on Facebook, in which the festival's page has activity each week, showcasing different restaurants and maintaining their audience. SWOT Analysis of Culinary Festival Strengths • Builds off the talents of local chefs and restaurateurs • Restaurants contribute a lot of the value as they see it good for promoting what they do • Happens during slower weeks in the year, and is fairly immune to the effects of bad weather Weaknesses • It will take a significant effort to organize and promote initially • The price of the tickets makes it inaccessible to many potential visitors • Appears to be poorly communicated, with a partially functional website Opportunities • Sponsored by Sysco, a national company that may also sponsor other events across the country • Can be combined with other similar events in the region, like Restaurant Week Threats • Poor weather may keep crowds from traveling for the event • If done poorly the first year or two, it may prevent people from returning or garner poor publicity Cultural Fit for Stillwater If held in Stillwater, this event can coincide with the Twin Cities Restaurant Week, typically the last weekend in February. Mpls/St Paul Magazine organizes the event each year to promote dining during some of the year's slowest weeks. It is a relatively simple event, where participating restaurants come up with a few key specials with four or five courses and a simple price (usually higher than their typical meals), and it is promoted alongside all the other restaurants primarily through the magazine. As there is only a small gap of rural land between the city and the metro area, it may be possible to 32 showcase the restaurant alongside their urban counterparts, and if not, the specials would be relatively simple to organize. The chocolate festival is similar to the Culinary Festival in the sense that it occurs in one of the slower months (early March every year). It also highlights local artisans (from the state, rather than just the city); has a contest to name the winning chocolatier of the year; and is composed of a series of workshops, tastings, and wining and dining over a Friday through Sunday. It features Charlie's Chocolate 5k run, an interesting non -chocolate activity. Over 30 chocolatiers and 15 other vendors (largely breweries and wineries) participate. OREGON CHOCOLATE FESTIVAL ASHLAND. 'ORE'GD AN DSPRIN GS HOTE 000916 The festival occurs at the same time as Ashland's Oregon Shakespeare Festival, which spans the cooler months of the year. Both events pair well together and cross - promote the activities. Neumann Hotel Group, a company that manages six local hotels, organizes the festival. Their largest hotel, Ashland Hills, serves as the venue, and hosts many of the visitors. They reported filling all 100 rooms and suites during the event, compared to filling 70 on a typical winter weekend. Tickets are $15 per person and grant access to most of the activities, with special dinners and happy hours in the evening ranging from 35 to $75. There is also baking, pairings, and even a 5k run on the last day, likely in an effort to offer attendees an opportunity to burn off a weekend's worth of calories. 33 SWOT Analysis for Chocolate Festival Strengths • Organized by one company that also benefits from increased hotel stays • Showcases local artisans • Benefits from tourists coming for the Shakespeare festival • Happens during slower weeks in the year and has limited effect from bad weather Weaknesses • Most vendors are from outside the city, leading to fewer opportunities for repeat business following the event • With such an emphasis on one particular treat, the scope of the event is limited • Doesn't seem to be in collaboration with many local businesses — mostly the hosting hotel and other regional companies Opportunities • May help spawn more local businesses in Ashland • Further integration with the Shakespeare Festival • Possible collaboration with organizers of the Culinary Festival given similar demographics, scope, and timing that appear to complement each other (Culinary in late fall, chocolate in late winter). Threats • Bad weather may not only affect visitors, but may limit the vendors, many of whom are traveling across the state Cultural Fit for Stillwater Between the local candy and treat shops and the fine hotels in town, this event could be one of the most feasible and appropriate of the events to implement. If a hotel is excited about it and sees the financial benefit, they could be a natural organizer. If this does not exist, an event planner could be recruited to organize it in a desired space. MOW !�%/lltidiWI'Cell J/% �III 34 According to the mission statement, "The Frozen River Film Festival offers documentary films and programming that engage, educate and activate our community to become involved in the world." Every year The Frozen River Film Festival seeks to educate their audiences by offering documentary films and discussions on issues of local, regional and world importance. They seek to expose their viewers to people and cultures they might otherwise never encounter, and to issues and perspectives, they may have yet to consider, they hope to foster action on current issues through collaboration and coalition building with other grassroots organizations. During the Frozen River Film Festival, the city of Winona hopes to offer diverse points - of -view through the sharing of personal encounters dealing with world issues and nature by presenting a wide range of films and filmmakers from around the world. The festival provides opportunities for debate, discussion, and discourse on a variety of topics important to their community. The city encourages action on the part of each festival participant. The festival will inspire viewers to take action on social issues, using tools and connections presented in documentary films and special Q & A sessions that follow. There is also the hope to promote cross-cultural dialogue as discovered and documented by innovative filmmakers from Minnesota, as well as other states and countries around the world. The film festival recognized early success, and as of this year, has implemented a 10 -year plan. Through local marketing and a presence on the city's website, The Frozen Film Festival draws movie-goers from all demographics. Not only do people attend the festival for the movies, there are also demonstrations, discussions, and different opportunities for attendee involvement. The four-day festival is more than movies, it's educational in many different ways. 35 Although the festival is educational, there is a bit of financial gain for the community as well. Tickets can range anywhere from 'Free for Students' to $120 for the Premiere Pass (which gives access to the holder for an entire year). The emotional gain for the community cannot be measured. It brings people together for many different reasons from many different backgrounds. The ability to discuss foreign movies with the people who actually had a part in producing and/or directing the film is an opportunity of a lifetime. SWOT Analysis of Frozen River Film Festival Strengths Offer diverse points -of -view through the sharing of films and combined commentary by filmmakers Community education through the viewings and panels forums Great community support with a diverse group of sponsors • Offers other activities beyond film: music, lectures, and other educational programming Weaknesses • Four days long is an effort to organize • Doesn't appeal to a general audience • Global issues do not always interest the local audience Opportunities • Tie in with other festivals • Partner with hotels for package deals Threats • Possible protests around controversial films • Other similar nearby festivals may steal from the unique appeal of the event Cultural Fit for Stillwater The City of Stillwater would be able to draw attendees from around the Twin Cities area, and would be able to sustain the influx of people. Stillwater has numerous hotels, bed & 36 1 1 1 1 I breakfasts, and diverse restaurants, which would appeal to any and all who came. There are enough activities around the Stillwater area to appeal to the multiple demographics as well. However, financial information was not available, so it is difficult to assess the economic benefits to the city and its businesses. Easter Bunny Breakfast Hastings, MN The Easter Bunny Breakfast in Hastings, MN is an annual event hosted by the River town Lion's Club. The event has become a town tradition and has been successful for over 30 years. • • • breikta�L uunny vi ± ,ir,�wsrx� April 12, 2014 8am - 10:30am MICS The Easter Bunny Breakfast was originally designed to be a fundraiser for the River Town Lion's Club, but has since lost some of the fundraising aspect in order to meet the community's emotional appeal to be united together. The planning for the Easter Bunny Breakfast is done year round in the sense that long-time volunteers and Lion's Club members pick-up candy and decorations after they go on -sale, particularly after Easter, but also after other holidays like Halloween. The date of the event is typically the Saturday before Palm Sunday. This date has only been an issue when it lands on the first Saturday of Spring Break, where it negatively affects event turnout. On any given year, the event planners expect 400-475 participants. This event is geared toward families with youth in 2nd grade or younger. The Easter Bunny Breakfast is held for two hours at a local elementary school. The event consists of a breakfast of eggs, sausage, muffins, juice, and coffee; a visit from the Easter bunny; several children's games; over 100 pre -made Easter baskets; and drawings for youth. The Lion's Club collaborates with a local high school and 4H who provide all of the games for the event in return for an opportunity to sell tickets to play and raise money for their organization. This event has been very profitable in the past, some years bringing in over S3,000 in revenue. More recently, the event has lost its financial focus and become more of a community event, resulting in the net income dropping to around $1,100. The beverage and dairy items are donated from a local grocery store. Most of the baskets are made of donated items from Lion's Club members and other event volunteers. The only real costs of the event are the elementary school space and cook staff, breakfast items, and candy for the Easter baskets. Ticket costs generally remain the same each year, with an adult ticket costing $6 and a youth ticket costing $5. The event is marketed through a variety of avenues. One Lion's Club member takes it on each year since she works for the local newspaper, The Gazette. She is able to write a short piece for the newspaper and creates flyers for the town, and specifically for the local preschools. The event is aired on the radio free of charge to the event organizers. A SWOT analysis is useful for an event such as the Easter Bunny Breakfast as Stillwater considers events to host because it has more of a community and emotional appeal than a financial focus right now. However, there is an opportunity for more of a financial focus. The Lion's Club member who shared the information about the event said there would definitely be an opportunity to put the event on with the city if they wanted more of a financial focus. However, at this time, the Lion's Club takes on the sole responsibility with the intent of keeping it as a tradition and feel -good event. SWOT Analysis of Easter Bunny Breakfast 38 Strengths • Strong community tradition and attendance • Strong investment of Lion's Club and returning volunteers — donate materials, decorations, and items for basket • Collaborate with local 4H and high school groups to get planning help and allow them to fundraise at the event • Donations from local store of dairy and juice products Weaknesses • Does not bring in as much money in the past, shift from fundraiser to community event • If the event coincides with the first Saturday of area schools Spring Break, there is low attendance • Hard to keep track of how much money is being spent on decorations, etc. because people buy throughout the year and save it (and donate it) as the event approaches Opportunities • Partner with local restaurants or grocery stores to have food donated • Increase ticket prices every year or two for more profit • Partner with the city and have storage space for all decorations • Partner with the city to increase participants and dollars raised Threats • Faith -based organizations holding a competing event • Losing donations (dairy and juice products) • Long-term supporters who do the bulk of donations may pass away and the number of items for raffle, candy, and decorations would decrease significantly Cultural Fit for Stillwater An event such as the Easter Bunny Breakfast would be a great event for Stillwater to put on to engage families in the community. This event would be relatively simple for the City of Stillwater to collaborate with local community organizations to make a success. There are opportunities for the event to cater breakfast from a local restaurant, bringing revenue to that business, while also featuring several small businesses that might provide coupons or small gifts as takeaways for the children or parents. The city is able to 39 charge ticket prices of their choice. Ticket prices in Hastings have remained at $6 for a few years, with children being $5. We would recommend the City of Stillwater charging $10 for an adult and $8 for a child if they are looking to turn a bigger profit. There is also an opportunity for the event to have a photo opportunity with the Easter Bunny, where pictures are sold for $5 per person. Lastly, we would suggest auctioning off Mega Easter Baskets for $10 per basket. These Mega Easter Baskets would hold things of more substantial value, possibly an iPod or Beatz by Dre headphones, which are popular among youth. All of these suggestions would help turn a larger profit margin for the Easter Bunny Breakfast, while maintaining a family friendly event. If the city were to host this event in the way described above, the event would have the opportunity to generate revenue as well as be an event to bring the community together. This concludes the findings section; following is the vision statement developed in response to Stillwater's need for one to guide their economic development endeavors. Vision A summary of the data analysis allowed the team to determine that a vision statement must be developed for the City of Stillwater.After thorough analysis of all previous data, the following vision statement was developed: The City of Stillwater will become year -around activity -driven destination for a diverse demographic. Recommendations The purpose of this study was to place the City of Stillwater in the best possible position to meet future economic development challenges in the community and Twin 40 Cities' metropolitan region. Based on the analysis of Stillwater's current economic plans and nine similar cities and their winter events, the Augsburg College MBA Consulting Group has several recommendations. It is the opinion of this MBA team that the City of Stillwater first sets one or more financial benchmarks during the winter season. Right now, the overarching goal is to increase revenue and activity in the city during the winter months and having specific objectives defined will be helpful moving forward. Second, based on these financial benchmarks, the City of Stillwater should consider hosting Bock Fest, the Christmas Tour of Homes, the Chocolate Festival, the Culinary Festival, the Sticks in Stillwater Mite Outdoor Hockey Festival, and Hockey Day Minnesota. Based on our research, these events would provide a significant return on investment for the City of Stillwater. To formally recap, Bock Fest is an outdoor, German -themed festival and typically draws about 4,500-5,000 participants, generating $45,000-S50,000 in ticket sales alone. In 2015, the Christmas Tour of Homes had roughly 1,600 attendees and approximately $32,000 in ticket sales revenue. The Chocolate Festival has about 1,200-1,500 attendees, resulting in about $18,000 in revenue. This event would coincide nicely with Valentine's Day Weekend and the carriage rides along the river. The Culinary Festival generally has about 1,000 participants and brings in about $70,000, with tickets being sold at $70 a piece. The Culinary Festival should be considered in cooperation with Restaurant Week at the end of February. In all each of these events, there would be increased revenue brought into local hotels, restaurants, and bars due to increased traffic from the events, in addition to the revenue generated from ticket sales. 41 Additionally, the first year of Stillwater hosting the Sticks in Stillwater Mite Outdoor Hockey Festival was a great success, with more than 700 participants attending. Although not all businesses were willing to share financial figures, many hotels reported 100% occupancy rates and local bars and restaurants reported increased traffic and revenue during the tournament dates. Stillwater should also strongly consider hosting Hockey Day Minnesota on an annual basis and choose one of the four recommended events to host on the same weekend. Based on the economic benefits of other multi -day events researched, local business establishments would benefit financially, in addition to the ticket sales revenue. For ensured economic success, it will be important for the City of Stillwater (or the lead in event planning) to collaborate with other organizations to gain momentum and awareness of the event. These collaborating partners would ideally include the Visitor's Center and the Chamber of Commerce, as well as any other relevant organizations or businesses. For instance, if you were considering planning Bock Fest, local breweries like Lift Bridge, Gasthaus, Maple Island, and Joseph Wolf would be relevant businesses to partner with. As with activities happening throughout the year, it is a suggestion that the City of Stillwater determines parameters for city -sponsored activities versus non -city sponsored activities. Many of these events could be successful if led by an organization within the city. Along with this, the City of Stillwater will need to develop an approval process for future activities as well as protocols for planning and executing city -sponsored activities. Lastly, the team found that a 12 -month promotional calendar is a good tool in ensuring that the behind -the -scenes work in event planning is happening. This will ensure 42 that selected events will be successful in terms of attendance and the financial benchmarks. The winter calendar flyer will be important in letting people know months in advance that Stillwater will have winter events this year, and allow them to plan accordingly. Marketing information can be included on the city website, on Facebook, and emailed for individuals to share. Much of the success of the events we researched from other cities was due to a strong social media presence. An example has been developed that shows current events and proposed activities (in bold face); the intent is to partner several events together. Example Dates Nov 1 -Dec 31 Nov 18-20 Nov 25-27 Dec 2-4 Dec 9-11 Dec 16-18 Dec 23-25 Dec 30 -Jan 1 Jan 6-8 Jan 13-15 Jan 20-22 Jan 27-29 Feb 3-5 Feb 10-12 Feb 17-19 Feb 24-26 Events Hometown for the Holidays; Carolers downtown, Carriage Rides, Santa every weekend, Biercycle Caroling Rides, Lunches with Santa and much more! St Croix Vintage Crawl; Victorian Christmas at Courthouse Black Friday and Shop Small Business Saturday; Nutcracker Ballet; Twinkle Parade Warden's House Holiday Party HOFH Christmas Dinner at Historic Lowell Inn New Year's Party Downtown Victorian Tea at Courthouse on Sunday Ice Cream Social on the River; Parade of Homes Film Festival Bock Fest, Snowmobile Races Sticks in Stillwater Mite Outdoor Hockey Festival, Chocolate Festival, Valentine's Carriage Rides along the River Brine's Bocce Ball Tournament Culinary Festival\Restaurant Week Conclusions An analysis of Stillwater's seasonal events and need for economic growth was conducted. Location on a river provides Stillwater with spring, summer, and fall activities that focus on that locale. It is necessary for businesses in the city to have activities at 43 other times to bring new and returning customers into the stores, hotels, restaurants, etc. Winter activities seem to be less frequent, and Minnesota winters are an active time for all demographics of the population to seek fun activities. Therefore, winter was the focus of the research for new economic development opportunities. Characteristics of nine cities were analyzed to provide the City of Stillwater with background upon which they can base decisions related to economic development activities that have proven successful in other locations. Further, seven winter events from those cities were analyzed in depth to provide deeper information of successful winter events for Stillwater. Finally, recommendations were made to help Stillwater achieve economic growth and development. The group appreciates the opportunity to conduct this analysis, and we hope the information is helpful. 44 References 2015 Annual Financial Report [Pdf]. (2015). City of New Ulm. 2015 Comprehensive Annual Financial Report [Pdfl. (2015). City of Steamboat Springs. 2015 Comprehensive Annual Financial Report [Pdf]. (2015). City of Brainerd. 2016 Adopted Budget [Pdf]. (2016). City of Steamboat Springs. 2016 Annual City Budget [Pdf]. (2016). City of Brainerd. 2016 Annual Budget [Pdf]. (2016). City of New Ulm. 2016 Crosslake 13th Annual WinterFest I Brainerd MN Lakes Calendar of Events. (2016). Retrieved April 01, 2016, from http://calendar.brainerd.com/event/winterfest/ Agnew, M. (2008). Welcome to A Perfect Pint: Lift Bridge Brewery. Retrieved April 01, 2016, from http://www.aperfectpint.net/liftbridge.html Ashland: Culinary Festival. (n.d.). Retrieved March 13, 2016, from http://www.ashlandchamber.com/Pa•e.as ?NavID=782 Ashland: Culinary Festival. (n.d.). Retrieved from http://www.ashlandchamber.com/Page.asp?NavID=782 Bock Fest I Schell's Brewery. (n.d.). Retrieved April 01, 2016,.from http://schellsbrewery.com/events/02-bockfest/ Bock Fest View Website. (2016). Retrieved April 01, 2016, from http://www.exploreminnesota.com/events/11338/bock-fest/ Brainerd Lakes Chamber - Explore Brainerd Lakes. (2016). Retrieved April 01, 2016, from http://www.explorebrainerdlakes.com/brainerd-lakes-chamber/ Brainerd Jaycees $150,000 Ice Fishing Extravaganza. (2016). Retrieved April 01, 2016, from http://icefishing.org/ C. Rosckes, Discover Stillwater, personal communication, March 21, 2015 City of Hastings, MN. (2016). Retrieved from http://www.hastingsmn.gov/ City of Hudson, WI. (2016). Retrieved from http://www.ci.hudson.wi.us/ 45 City of New Ulm, Minnesota. (2016). Retrieved April 01, 2016,.from http://www.ci.new- ulm.mn.us/ City of Redwing, MN. (2016). Retrieved from http://www.red-wing.org City of Redwing. MN. (2016). Retrieved from http://www.city-data.com/city/red-wing- minnesota.html City of Stillwater., MN. (2005). Retrieved from http://www.ci.stillwater.mn.us/ City of Winona, MN. (2016). Retrieved from http:// www.cityofwinona.com/ City of Winona, MN. (2016). Retrieved from http://www.visitwinona.com/ Council Minutes (Rep.). (2015). Retrieved March 15, 2016, from http://hannibal- mo.gov/files/CityHall/New Ordinances/Ordinance No 4695 - FY16 Budget.pdf Explore Brainerd Lakes 1 Official Tourism. Source Brainerd Minnesota. (2016). Retrieved April 01, 2016, from http://www.explorebrainerdlakes.com/ Flying Buttress Media (2015). Bock Fest 2015. Retrieved May 7, 2016,.from https://www.youtube.com/watch?v=YOE6T6ZzusM Frozen River Film Festival. (2016). Retrieved from https://frff.org Frozen River Film Festival. (2016). Retrieved from http://www.eventbrite.com G. Wally, Historic Hannibal Marketing Council, personal communication, March 17, 2015 Hometown for the holidays. (2013, November 28). Retrieved April 01, 2016, from http://stillwatergazette.com/2013/11/28/hometown-holidays/ http://alexwinterspectacular.com/ http://explorealex.com/ http://tourism.discoverhudsonwi.org/events http://www.alexandriamn.org/ http://www.exploreminnesota.com/where-to- go/?&gclid=CjOKEQjw8u23BRCg6YnzmJmPgYgBEiQALf XzR49- mA7bdZsJUgaBLnHh 1 Bom jMj-UcFOfcxGJ9QQaApuH8P8HAQ 46 http://www.travelwisconsin.com/events/tours/christmas-tour-of-homes-craft-sale-42464 http://www.vacationalexandriamn.com/ https://www.youtube.corn/watch?v=VeMlnM5B-HA L. Jones, Nueman Hotel Group, personal communication, March 30, 2015 Laxen, J. (2015, February 16). #MNBeer News Insider: Feb. 16. Retrieved May 07, 2016, from http://www.sctimes.com/story/life/food/2015/02/16/mnbeer-new-insider-feb/23504773/ M, Cheltree, Hannibal Best Western, personal communication, March 16, 2015 New Ulm Chamber & CVB. (2016). Retrieved April 01, 2016, from http://www.newulm.com/chamber-of-commerce/ Our Story 1Schell's Beer. (n.d.). Retrieved April 01, 2016, from http://schellsbrewery.com/about-schells/our-story/ Oregon Chocolate Festival - Ashland, Oregon. (n.d.). Retrieved April 10, 2016, from http://www.oregonchocolatefestival.com/ Otto, R. (n.d.). Minnesota City Budgets (Rep.). Retrieved March 12, 2016, from Council Minutes (Rep.). (2015). Retrieved March 15, 2016, from http://hannibal- mo.gov/files/CityHall/New Ordinances/Ordinance No 4695 - FY16 Budget.pdf Rivertown Lion's Club of Hastings, MN, personal communication, April, 4, 2016. Shopping Opener - Ladies Weekend View Website. (2015). Retrieved April 01, 2016, from http://www.exploreminnesota.com/events/9326/shopping-opener---ladies-weekend Steamboat Springs Colorado. (2016). Retrieved April 01, 2016, from http://www.steamboatchamber.com/ Sticks in Stillwater Mite Outdoor Hockey Festival. (2016). Retrieved April 15, 2016, from http://www.sticksinstillwater.com/ The Best of the Best in the North West! Ashland Culinary Festival. (2014, January 13). Retrieved April 10, 2016, from http://www.southernoregon.org/blog-ashland-culinary- festival Welcome to an Engaged Community. (n.d.). Retrieved April 01, 2016, from http://steamboatsprings.net/ WinterFest View Website. (2016). Retrieved April 01, 2016, from http://www.exploreminnesota.com/events/5952/winterfest 47 Wyszynska, K. (n.d.). Ashland Chamber of Commerce: Chocolate Festival. Retrieved March 10, 2016, from http://www.ashlandchamber.comiNews.asp?newsID=316 48 Appendix A. Summary of Winter Events Spectacular Ice Oval Snowmobile Race: Event marketing: Internet (alexwinterspectacular.com), Radio (KXRA's voice of Alexandria), Advertisements (Flyers- both on website and locally distributed), Facebook, Twitter, Instagram. Substance of event: Event is held to help boost the city's economy by promoting tourism in the winter for a town that sees the most business in the summer months. They strive to promote local businesses such as lodging, restaurants, and local retailers. Demographics: Families and individuals as well as snowmobile and racing fans of all ages. Financial or emotional gain: Significant financial gain for the city in the areas of lodging, restaurants, and retailers by the influx of visitors brought in by the event. Emotional gain can be seen by locals where this race is a long-standing tradition and for snowmobile lovers to come together to admire their favorite sled/driver. Sponsored by: Alexandri-ahh, Drift Racing, Gardonville, Napa, Country Cat, Schaeffer's racing oil, TLR Cup, Michelob Golden Light, and others. Amount of money raised: The group of businessmen that put together the event estimated they spend 65,000-75,000 to put on the event. Since it is a private event, there were no specific info regarding total monetary amounts raised by the event and corresponding local businesses. 49 Christmas Tour of Homes: Event history: This event was created by the Chamber of Commerce to connect homeowners and Chamber business members together to promote local businesses and bring growth to the area. This long-standing event started 30 years ago and has become a tradition for many. Event marketing: Internet (Chamber of Commerce website, travel Wisconsin website, Facebook and Twitter), TV ads, Radio, and print advertising. They market the event with a special lodging offer "Girls Getaway Lodging Package." Length of the event: Two days over the weekend. Substance of the event: This long-standing Holiday event is a staple for the area. The event consists of five homes decorated in Christmas decor; each attendee buys a ticket for one or two days and is able to shuttle from house to house to tour each home. Homes display decor from local retailers as well as the owner's personal items. There is also an art and craft show, which is free with a purchase of a ticket. Demographics: Average demographic is women aged over 25. Kids under 12 are not permitted. Financial or emotional gain: There is both a financial and emotional gain from event. The financial gain comes from ticket sales and consumer consumption in the area of lodging, restaurants and retailers. It also helps support the local real estate market. The emotional gain comes from bringing together people for a Christmas tradition. Sponsored by: The Chamber of Commerce. 50 Amount of money raised: $33,000 in ticket sales in 2015, but no specific financial information released from restaurant and retailers to gain insight into total amount raised for community (refused to give information even to the chamber of commerce). Frozen Film Festival: Event history: It began recently in 2013, and with early success, they already have a 10 - year plan in place. Event marketing: Website, College, Newspaper. Length of the event: 4 days (February 24-28, 2016). Substance of the event: Offers documentary films and programming that engage, educate and activate our community to become involved in the world. Demographics: All ages, with a large audience from local college populations. Financial or emotional gain: Both, tickets range from Free to students to $120 Premiere Pass that gives access for the entire year. Sponsored by: It is led by a volunteer committee, and funded by the Winona Community Foundation, Winona State University, and about 15 other local businesses. Amount of money raised: Undisclosed. Culinary Festival: Event history: 9th Annual festival. Event marketing: Good Social Media coverage, like on Facebook where they have ongoing, yearlong postings. The website is only partially functional, and it seems like it 51 was not promoted prior to the event in the local newspaper (however there were articles on the events' winners afterwards). Length of the event: One weekend in early November. Substance of the event: Chef Competition, cooking demonstrations. Demographics: This event seems to cater towards affluent adults. Financial or emotional gain: 1,000 people attended last year paying up to $70 for the full admission. Sponsored by: The Ashland Chamber of Commerce. Amount of money raised: Estimated to be $40,000-70,000 based on the reported attendance and a range of ticket prices. Chocolate Festival: Event history: This year will be the 12th annual event. Event marketing: Social media, web, local newspaper, and promotion through the Shakespeare Festival. Length of the event: Friday through Sunday in early March, coinciding with the Shakespeare Festival, Ashland's most known annual event. Substance of the event: Baking and pairings, and even a 5k run on the last day, presumably to burn a weekends' worth of calories. Demographics: This event seems to cater towards affluent adults. Children can attend for free, however the program doesn't appear to have anything aimed at youth. In 2012, there were kids events at the museum, Movie Theater, and 'other places, but those haven't continued in recent years. 52 Financial or emotional gain: 1,500 people attended paying around $15 for general admission. Sponsored by: It is organized by the Neumann Hotel Group, a company that manages six local hotels. It takes place in the Ashland Hills hotel, their largest space. 30 different chocolatiers from across the state, along with 15 other vendors (mostly wineries and breweries). Amount of money raised: Tickets are about $15 on average, resulting in revenue of approximately $25,000 based on attendance. Bock Fest: Event history: This year will be the 30th annual event started by the oldest brewery still in operation in the state. Event marketing: Schell's Brewery Website, exploreminnesota.com, radio, beeradvocate.com, Facebook, around town, word of mouth. Length of the event: 1 day. Substance of the event: Drink beer in the cold, hunt for the 7 Bocks of winter, listen to live music, and socialize. Demographic: Adults over the age of 21+. Financial or emotional gain: Both. The brewery and city get hundreds of visitors and new money, while the people get to enjoy reasonably priced beer and fun. Sponsored by: Shell's Brewery. Amount of money raised: Undisclosed by the private company. 53 Easter Bunny Breakfast: Event history: This event has become a community tradition and has been around for over 30 years. The event began as a fundraiser, but the money has become less important over the years. Event marketing: Flyers to all preschools, radio ad, local newspaper, local newsletters, and other local flyer opportunities. Length of the event: 2 hours, typically the Saturday before Easter Sunday. Substance of the event: This is a place for families to gather to see the Easter Bunny, have breakfast, play games, win Easter baskets, and focus on building community. The event usually has a turnout of 400-475 participants. Demographics: All ages. Very family-oriented. Typically, they see youth in 2nd grade or younger with parents. Financial or emotional gain: Both, ticket prices hardly go up. $5 for youth, $6 for adults. Focus is community and tradition, but some funds are raised. Sponsored by: The Rivertown Lion's Club of Hastings is the organizer and does not work with the city to host event. Amount of money raised: About $1,100 were raised in 2015. 54 City o6 Sti Pwatere, LJtliu1u1esota cP koeVaunation WHEREAS, Emergency Medical Service (EMS) is May 15-21; and WHEREAS, the American College of Emergency Physicians (ACEP) and National Association of Emergency Medical Technicians (NAEMT) host EMS Week each year as part of the EMS STRONG campaign to honor and observe EMS services, fire departments, rescue squads, volunteer groups and emergency departments across the country; and WHEREAS, this year's theme is "Called to Care," reflecting the goal of recognizing and inspiring EMS personnel to strengthen the profession on a national level; and WHEREAS, Regions Hospital host an EMS Rig Wash & BBQ as a thank you for the work done every day to care for the communities they serve; and WHEREAS, as part of the Regions Hospital's EMS Rig Wash & BBQ they also recognize an outstanding performance from an EMS Crew; and WHEREAS, the outstanding performance EMS Crew honored by Regions Hospital was our own City of Stillwater's Captain Chad Jansen, Fighter/Engineers, Bill Peltier and Jake Bell. NOW THEREFORE, I, Ted Kozlowski, Mayor of Stillwater do hereby congratulate Chad Jansen, Jake Bell and Bill Peltier for their Outstanding Performance Recognition by Regions Hospital, and I urge all the people of Stillwater to congratulate these gentlemen and thank them for their outstanding service to the Stillwater Community and proclaim May 15-21 as EMS Week. RESOLUTION 2016-101 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 $424,049.85 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 17th day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2016-101 Page 1 LIST OF BILLS Ace Hardware Advanced Sportswear AdvantageHealth Corporation Al's Coffee Company Animal Humane Society Best Buy Business Advantage Board of Water Commissioner Breth-Zenzen Fire Protection LLC Building Assets LLC Carquest Auto Parts CDW Government Inc. Central Wood Products Century Link Century Power Equipment City of St. Paul Clifton LarsonAllen LLP Comcast Cope Plastics Inc. CoStar Realty Information Inc Coverall of the Twin Cities Curb Masters Custom Fire Custom One Homes Diamond Vogel Paints Downtown Promotion Reporter ECM Publishers Emergency Medical Products Emergency Response Solutions Enterprise FM Trust Fire Safety U.S.A. FleetPride Fransen Decorating Inc Frontier Ag & Turf G & K Services Gertens Wholesale Gopher State One Call Inc. Guardian Supply Haussner Plumbing LLC Herzog Joshua Holiday Companies Ice Skating Institute ITL Patch Co Inc Jimmys Johnnys Inc. Kirvida Fire Inc. Kowalski's Market Supplies Embroidery Wellness seminar & incentive campaign Coffee for concessions Pound charges Minor equipment WAC Charges & Irrigation repair Fire hall Refund 80% Permit fee Supplies Network infrastructure Premium hardwood Telephone Supplies Asphalt Audit Internet & Voice Clear polycarbonate Property professional Commercial cleaning services Water St Dumpster Enclosure Aluminum shassis step Grading Escrow Refund Paint Subscription Publications Medical supplies Replaced batteries in the power module Fire lease vehicle Boots Equipment repair supplies Fire hall Equipment repair supplies Mats & Uniforms Plants Locates Uniforms Plumbing service Tornado siren support Vehicle washes A night at the movies Uniform supplies Portable restroom rental Vehicle repair 6109 Breakfast trays & orange juice 293.24 230.00 1,055.00 207.00 285.00 377.06 4,059.87 1,736.25 7,854.60 11.95 694.70 1,935.00 310.60 81.43 2,703.24 19,000.00 321.05 953.00 345.08 540.00 21,771.55 868.75 1,500.00 234.60 226.50 343.15 186.64 41.24 1,558.52 287.50 22.31 3,354.43 1,058.79 1,098.00 403.77 517.65 399.12 137.00 2,600.00 260.00 25.00 223.00 106.34 870.98 62.84 EXHIBIT "A" TO RESOLUTION #2016-101 Page 2 Loffler Companies M.J. Raleigh Truck Co. Mansfield Oil Company Marshall Electric Company MCF0A Menards Metropolitan Council Metropolitan Mechanical Contractors Minnesota Occupational Health Minnesota Wanner Co. Mississippi Welders Supply Co. MP Nexlevel LLC Mulcahy Nickolaus My Alarm Center Nelson Auto Center Office Depot Olsen Chain and Cable Inc. O'Reilly Auto Parts Pereboom Jesse Powell Robert Pro Headsets Pro -Tec Design Quill Corporation Rehn Code Consulting Services Ryan Rice Lake Glass & Door Schelen Gray Auto and Electric LLC Secure by Design Inc SHRM Sonus Interiors Inc Spartan Promotional Group Sprint PCS St. Croix Recreation Fun Playgrounds Stillwater Area High School SW/WC Service Cooperatives T.A. Schifsky and Sons Toll Gas and Welding Supply Trans Union LLC Tri-State Bobcat Uline Inc United Refrigeration Inc Verizon Wireless Viking Industrial Center Wahl Thomas Wold Architects and Engineers Zayo Enterprise Networks Network/computer support C-5 Fuel Repair park lights Membership Supplies Wastewater Charge & SAC Repair boiler Drug screening Equipment repair supplies Cylinders Locates Fire hall Alarm monitoring Ford police interceptor 2016 Office supplies Building repair charges Oil filter Reimburse for mileage Reimburse for work boots Phone headset Aiphone outputs Office supplies Plan review Fire hall Crack filler Ninite Pro Membership Fire hall No parking Cell phone NSA filter Park Fee Refund Retiree Health Insurance & COBRA Asphalt Cylinders Information Charges Trimmer & filters Hazardous waste barrels Cyl deposit Police Mobile Broadband Safety equipment AearVator parts Schematic design Police Remodel Phone 38.75 249.04 2,873.87 4,095.00 70.00 395.16 140,291.50 679.67 163.20 46.43 30.00 870.00 9,152.90 499.92 26,146.95 718.52 676.49 19.38 13.50 160.00 299.00 176.00 252.20 1,257.68 2,203.30 449.98 240.00 190.00 1,434.05 427.95 98.99 132.00 35.00 62,900.48 5,451.99 42.72 85.52 392.63 336.43 4,680.00 603.33 385.80 705.00 13,653.00 531.79 EXHIBIT "A" TO RESOLUTION #2016-101 Page 3 LIBRARY Ace Hardware Baker and Taylor Brodart Co Cartridge World Hudson Cole Papers Culligan of Stillwater G & K Services Master Mechanical Inc. Midwest Tape Petrie Angela Quill Corporation Stillwater Public Library Foundation Toshiba Business Solutions Valley Concrete Inc. ADDENDUM Comcast Magnuson Law Firm MCMA Xcel Energy Adopted by the City Council this 17th Day of May, 2016 Janitorial Supplies Materials Materials Supplies Janitorial Supplies Water Towels & Rugs Q2 Preventative Maint Materials - Audio Staff Reimbursement Supplies Reimbursement for April CC Gifts Maintenance Contract Parking Ramp Repair Internet Professional Service Membership Energy 123.75 1,724.81 1,195.52 128.98 339.98 61.80 93.74 1,126.50 334.20 48.35 90.43 739.07 32.12 1,955.00 221.90 9,826.83 167.00 40,533.00 TOTAL 424,049.85 RESOLUTION 2016-107 APPROVING MINNESOTA PREMISES PERMIT FOR LAWFUL GAMBLING FOR ST. PAUL FIREFIGHTERS, LOCAL 21, LOCATED AT NO NECK TONY'S, 231 MYRTLE STREET, STILLWATER, MN WHEREAS, St. Paul Firefighters Local 21, has submitted applications to the City of Stillwater requesting City approval of a Minnesota Gambling Premises Permit application located at No Neck Tony's at 231 Myrtle Street, Stillwater, MN; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. NOW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the local gambling license located at the No Neck Tony's at 231 Myrtle Street, Stillwater, MN. The City Clerk is directed to attach a copy of this resolution to the application to be submitted to the Gambling Control Board. Adopted by the City Council for the City of Stillwater this 17th day of May, 2016. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 6/15 Page 1 of 2 Annual Fee $150 (NON—REFUNDABLE) REQUIRED ATTACHMENTS TO LG214 1. If the premises is leased, attach a copy of your lease. Use LG215 Mail the application and required attachments to: Lease for Lawful Gambling Activity. Minnesota Gambling Control Board 2. $150 annual premises permit fee, for each permit (non-refundable). 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Cali 651-539-1900 and ask for Licensing. ORGANIZATION INFORMATION Organization Name: -r- RL4 i vire rii-kv's Lia / Z l License Number: D•5(%7 6 Chief Executive Officer (CEO) 1 ' ` e'‘•cy-k- u r^^- AL Daytime Phone: (I I ` 56v — 14 413 41 Gambling Manager: 6/e4 L/ etAi j h S Daytime Phone: Ch -e- 03c) — C 5-6 GAMBLING PREMISES INFORMATION Current name of site where gambling will be conducted: / / % a 10., 44' List any previous names for this location: Street address where premises is located: Z3 ( ,yrIfe 54 (Do not use a P.O. b6x number or mailing address.) City: OR Township: i'i1140u4-cr County: / Zip Code: p (N (15X;Pti d4 7 bU Z Does your organization own the building where the gambling Yes No If no, attach LG215 Lease for will be conducted? Lawful Gambling Activity. Yes x No Don't know _ _g A lease is not required if only a raffle will be conducted. Is any other organization conducting gambling at this site? Note: Bar bingo can only be conducted at a site where another zation or another permitted organization. Electronic games Has your organization previously conducted gambling at this form of lawful gambling is being conducted by the applying organi- can only be conducted at a site where paper pull -tabs are played. site? Yes X No Don't know GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA Bank Name: Bank Account Number: Bank Street Address: City: State: MN Zip Code: ALL TEMPORARY AND PERMANENT OFF-SITE STORAGE SPACES Address (Do not useLa P.O. ;box number): City: r State: Zip Code: 3110 14 (1 ie.. 2d. (h CAACt.S I-1 ti lelS MN 5-512 q 32191 A -w id L+, 34) 11 t.Jasi-e. MN 5-SZb Z MN LG214 Premises Permit Application 6/15 Page 2 of 2 ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION City Name: Date Approved Resolution (If none, Signature CITY APPROVAL for a gambling premises located within city limits COUNTY APPROVAL for a gambling premises located in a township County Name: by City Council: Date Approved by County Board: Number: Resolution Number: attach meeting minutes.) of City Personnel: (If none, attach meeting minutes.) Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Local unit of government must Sign. Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: ACKNOWLEDGMENT AND OATH 1. I hereby the revenue and 2. The revenue authorized account current 3. I have submitted 4. All required 5. I am consent that local law enforcement officers, Board or its agents, and the commissioners or public safety and their agents may inspect the premises. Board and its agents, and the commissioners and public safety and their agents, are to inspect the bank records of the gambling whenever necessary to fulfill requirements gambling rules and law. read this application and all information to the Board is true, accurate, and complete. information has been fully disclosed. the chief executive officer of the organization. 6. I assume full responsibility for the fair and lawful operation of of all activities to be conducted. enter 7. I will familiarize myself with the laws of Minnesota goveming lawful gambling and rules of the Board and agree, if licensed, of to abide by those laws and rules, including amendments to them. 8.Any changes in application information will be submitted to the ofBoard no later than ten days after the change has taken effect. g. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. 10. I understand the fee is non-refundable regardless of license approval/denial. S —I° �' ... ,___c Signature of Chi&f Executive Officer (designee may not sign) Date Data privacy notice: The information requested on this information when received by the Board. Minnesota's Department of Public Safety, form (and any attachments) will be used by the All other information provided will be Attorney General, Commissioners of Gambling Control Board (Board) to determine your private data about your organization until Administration, Minnesota Management & organization's qualifications to be involved in lawful the Board issues the permit. When the Budget, and Revenue; Legislative Auditor, gambling activities in Minnesota. Your organization has Board issues the permit, all information national and international gambling the right to refuse to supply the information; however, provided will become public. If the Board regulatory agencies; anyone pursuant to if your organization refuses to supply this information, does not issue a permit, all information court order; other individuals and agencies the Board may not be able to determine your provided remains private, with the specifically authorized by state or federal law organization's qualifications and, as a consequence, exception of your organization's name and to have access to the information; individuals may refuse to issue a permit. If your organization address which will remain public. Private and agencies for which law or legal order supplies the information requested, the Board will be data about your organization are available authorizes a new use or sharing of able to process your organization's application. Your to: Board members, Board staff whose information after this notice was given; and organization's name and address will be public work requires access to the information; anyone with your written consent. This form will be made available in altemative format, i.e. large print, braille, upon request. An Equal Opportunity Employer MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity 6/15 Page 1 of 2 LEASE INFORMATION Organization: License/Site Number: Daytime Phone: (y ()ccU 1 f rc F(;k+e,-, t L1 / 7 I P sCk-f 6 i.S1—Z39-5 5S Address: City: State: Zip: ri7q wcs7 7"`' (. Pci c I //,1 C3ICicL Na e of Leased P emises: Street Address: 2 Az) — c. G . / /4-7;,l_Az ��r e c 5—:/State: Daytime Phon /f(L%C� �� MN Zj' 5 e97, % , 'N f Legal Owner. Business/Street ddress. Ci , P State: Zip: _�-- Daytime Phone: f C 14///-1 / �.. /2) /L � O�'' ,7 \ o Nam f ssor ( as leriner, write "SAME"). Address: City: State: Zip: Daytime Phone: Check applicable item: New or amended lease. Effective date: . Submit changes at least ten days before the effective date of the change. New owner. Effective date: . Submit new lease within ten days after new lessor assumes ownership. — CHECK ALL ACTIVITY THAT WILL BE CONDUCTED (no lease required for raffles) V Pull -Tabs (paper) Electronic Pull -Tabs — Pull -Tabs (paper) with dispensing device Electronic Linked Bingo — — Bar Bingo Bingo Electronic games may only be conducted: — — 1. at a premises licensed for the on -sale of intoxicating liquor Tipboards or the on -sale of 3.2% malt beverages; or Paddlewheel Paddlewheel with table 2. at a premises where bingo is conducted as the primary — — business and has a seating capacity of at least 100. PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT (separate rent for booth and bar ops) BOOTH OPERATION: Some or all sales of gambling equipment are conducted by an employee/volunteer of a licensed organization at the leased premises. ALL GAMES, induding electronic games: Monthly rent to be paid: ) 0 %, not to exceed 10% of gross profits for that month. • Total rent paid from alt organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION: All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES: Monthly rent to be paid: () %, not to exceed 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES: Monthly rent to be paid: Q %, not to exceed 20% of gross profits from all other forms of lawful gambling. • If any booth sales conducted by a licensed organization at the premises, rent may not exceed 10% of gross profits for that month and is subject to booth operation $1,750 cap. BINGO RENT (for leased premises where bingo is the primary business conducted, such as bingo hall) Bingo rent is limited to one of the following: • Rent to be paid: t %, not to exceed 10% of the monthly gross profit from alt lawful gambling activities held during bingo occasions, excluding bar bingo. - OR - • Rate to be paid: $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and alt applicable costs to be paid by the organization to the lessor. Rent may not be paid for bar bingo. Bar bingo does not include bingo games linked to other permitted premises. LEASE TERMINATION CLAUSE (must be completed) The lease may be terminated by either party with a written day notice. Other terms: LG215 Lease for Lawful Gambling Activity 6/15 Page 2 of 2 Lease Term: The term of this agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management: The owner of the premises or the lessor will not manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor on the leased premises. Participation as Players Prohibited: The lessor will not par- ticipate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family and any agents or gambling employees of the lessor will not partici- pate as players in the conduct of lawful gambling on the premis- es, except as authorized by Minnesota Statutes, Section 349.181. Illegal Gambling: The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organiza- tion is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes, Section 349.18, Subd. 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, Section 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H, or Minnesota Statutes, Section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or to the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Other Prohibitions: The lessor will not impose restrictions on the organization with respect to providers (distributor or linked bingo game provider) of gambling -related equipment and ser- vices or in the use of net profits for lawful purposes. The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pend- ing a final determination by the Compliance Review Group (CRG) of the Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to Permitted Premises: Consent is given to the Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel to enter and inspect the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the premises during any time reasonable and when necessary for the conduct of lawful gambling. Lessor Records: The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent All -Inclusive: Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organi- zation, including but not limited to: trash removal electricity, heat snow removal storage janitorial and cleaning services - other utilities or services - lawn services - security, security monitoring - cost of any communication network or service required to conduct electronic pull -tabs games or electronic bingo - in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Board. Rent payments may not be made to an individual. ACKNOWLEDGMENT OF LEASE TERMS I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease: Signature of - or: Date: Signatur- of Organization Official (Lessee): Print �e and`�T e of Lessee: and Questions? Contact th icensing Section, Gambling Control Board, at 651-539-1900. Thi- .lication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. ast �e�k,�5i �Idw�td3i Date: Mail or fax lease to: Minnesota Gambling Control Board 1711 W. County Road B, Suite 300 South Roseville, MN 55113 Fax: 651-639-4032 Memo DATE: May 16, 2016 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1 s1 quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2"d quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (3`d quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staffs recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Circumstance 1 Frozen pipe outside Winter Average Gallons Billing Quarter Adjustment for From 82,000 2nd To 13,000 2 Leak in water heater From 580,000 2nd To 6,000 liwater INF 6 I R I N P l A C E 0I- MINNESOTA CITY COUNCIL DATE: May 13, 2016 RE: Acquisition of former Aiple property LAND OWNER: Washington County PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND In January of 2014 the City Council approved a Joint Powers Agreement with Washington County for the purchase of the Aiple property on North Main Street. The terms of the agreement included: 1. The County would negotiate the purchase of the property. 2. The County would contribute $1,952,000 towards the purchase price. 3. The LCCMR already granted the County $1,250,000 towards the purchase price. 4. The City would contribute the balance of the purchase price, which ended up being $4,300,000. Consequently, the City's cash contribution would be $1,098,000. (Bond sale proceeds for this amount are currently available.) 5. Upon payment of the $1,098,000, the County would convey the property to the City. 6. Prior to conveyance of the property to the City, the following would be needed: a. A conservation easement recorded over the property; and b. City to prepare a concept plan for the recreational use and natural resource management of the property. "The concept plan shall include restoring the property to its natural condition in accordance with the requirements of the grant funds received from the State of Minnesota as recommended by the LCCMR." c. A master plan for the recreational use and natural resource management would be prepared and approved by County at an undetermined future date. 7. Property conveyance to City would occur no sooner than September 1, 2014 and no later than December 31, 2016. The County Board is anxious for the City to close on the property very soon. CHALLENGES What stands in the way of closing on the property soon? Both the concept plan and conservation easement need to be created and agreed upon. Aiple property May 13, 2016 Page 2 The concept plan is complicated by several situations. The first is that community groups and individuals would like, and should have, input into the concept planning process. Community engagement is an intentionally slow and methodical process. The other complication is the future of the former Aiple house. The State's $1.25 million contribution toward the purchase price came with an understanding that the house would be demolished. But, some community voices would like to see the house saved and converted to an assembly occupancy (small meeting venue). This would require an amendment to the terms of the State grant. The County recognizes that the time involved in creating the concept plan for the property could well linger on beyond the December 31, 2016 closing deadline. Therefore, the County offers to amend the agreement to allow the property conveyance to occur when the conservation agreement is recorded. The concept plan itself could follow subsequent to the closing. The County amendment offer would allow the closing to occur soon, but it creates concern amongst some City quarters. The concern is that once the County has been paid, they may be less motivated to agree to a future concept plan that is also acceptable to the City. ALTERNATIVES Three alternatives would be: 1) Close soon. Accept the County's offer to amend the Joint Powers Agreement by allowing a concept plan to be developed after closing, and only requiring the conservation easement prior to closing. 2) Close late. The City and County could negotiate an agreement amendment that would allow a later closing. i. County administrative staff suggests that if we pursue this course, the City ought to make a partial payment this summer (perhaps 50%), and that pro -rated real estate taxes would be the responsibility, and that the City would take over grounds maintenance responsibilities. 3) Default. Leave the agreement as it is and progress as time and resources allow toward creation of the concept plan. REQUEST Staff does not recommend the default alternative. But, we ask the Council to consider the options and give staff direction on how to proceed. bt Stillwater Police Department Memo To: Mayor and City Council From: John Gannaway, Police Chief cc: Tom McCarty, City Administrator Date: April 26, 2016 Re: 2016 COPS Grant The application period for the 2016 COPS Grant is now open. COPS Grants are federally funded law enforcement positions that are funded through the US Department of Justice. Positions are funded at 75%, up to $125,000 per position (including salary and benefits) for three years. The amount funded under the grant for the first three years is listed below: wages benefits totals 75% of totals 25% of totals Starting $4,186.42 (Jan-Jun'16) $25,118.52 $5,420.58 $30,539.10 $22,904.32 $7,634.77 After6mo $4,485.45 (Jul-Dec'16) $26,912.70 $5,807.76 $32,720.46 $24,540.35 $8,180.12 1st Year Total $52,031.22 $11,228.34 $63,259.56 $47,444.67 $15,814.89 After 12mo $4,784.48 (Jan -De c'17) $57,413.76 $12,389.89 $69,803.65 $52,352.74 $17,450.91 After24mo $5,382.54 (Jan -De c'18) $64,590.48 $13,938.63 $78,529.11 $58,896.83 $19,632.28 After36mo $5,980.60 (Jan -De c'19) $71,767.20 $15,487.36 $87,254.56 $65,440.92 $21,813.64 The program emphasizes Community Policing and Crime Prevention efforts, and the funding is provided directly to law enforcement agencies to hire new and/or rehire career law enforcement officers. $137 million is available nationwide. We are requesting to apply for one position. Our `authorized' strength is 23 sworn officers. We currently have 21 officers. Two positions were cut in 2009 as the result of the economic downturn and significant cuts to LGA. They have not been replaced. Almost every other department in the City has re -staff lost positions, but not the Police Dept. The Police Dept. has significant staffing issues, and we recently reduced our minimum staffing (minimum amount of officers working each shift) to two, as having three for minimum staffing was becoming very problematic to schedule (i.e., increased overtime, etc...). We are also having significant issues staffing special events, which have increased, not decreased, in the past nine years since the two positions were cut. We hope to be awarded at a minimum one position. The position will likely go towards a full-time School Resource Officer, which would serve not only the Junior High School, but also the six other schools (three elementary, two private, one charter). The Police Dept. does almost no programming with one of the most vital populations in the community, the youth. It is one of the emphasized programs in the COPS Grant application There is a strong likelihood that we will be awarded at least one position. We had been rejected for eight consecutive years. I had some productive conversations with personnel the DOJ and our federal legislators about our lack of awards. This is an excellent path to replacing the cut positions as they are almost fully funded for the first three years. We will ask to retain those positions at the sunset of the grant as our population, visitors, and special events continue to grow, which will undoubtedly create more calls for service for the PD. 2 Abbi Wittman From: Brian Farrell <brian@northlandregroup.com> Sent: Thursday, May 12, 2016 6:23 PM To: Abbi Wittman Subject: Fwd: Croixbay Senior Development Abbi, Please forward this email chain to the Mayor and the Council Members. Thanks for coming last night. Hi Abbi, Mayor, and Council Members, FYI I hope all is well with everyone. We had a very productive neighborhood meeting last night on Croix Bay. There was a great attendance and we were able to clear up a lot of confusion and misinformation that has been put out there. The neutral setting allowed for the many residents in support of the project to come, voice their support, and talk with us to learn more about the project and what it plans to offer. I just received this attached note, in the email below, in support of our project from a woman who attended the neighborhood meeting last night who sits on the Pine Hollow Association Board as well as the Liberty on the Lake Master Board. I would encourage you all to read the note. We are excited to compile the comments we received last night and work to try to incorporate them as best we can. Afterwhich, we plan to sit down with you all at our scheduled workshop on June 7th to relay the feedback and findings, discus our updated plan(s), and get your thoughts. Also, I just want everyone to be clear that at this point it is our intent to have this project be a tax paying entity as I had heard rumblings that some folks thought we would be tax exempt. Either way, this project should be a great driver for the community with the jobs created and the folks able to live at our project and support the local businesses. I just received another letter from a gentlemen and his wife that are on a waiting list at a senior facility in Woodbury and they want to move back to Stillwater but they have no options and they wanted to know when we would be ready for them. Seniors who live in the area, or who want to move back to the area, do not have options in Stillwater for senior housing alternatives. WCHA estimates +1- 650 senior units needed in the Stillwater area by 2020. We plan to build a great project here that the overall community needs and supports. I feel fortunate to be working on such an important project and look forward to working with you all to best meet then true needs of the community. Best, 1 Brian Farrell 612-850-8443 Forwarded message From: Maribeth Lundeen <emblund@gmail.com> Date: Thu, May 12, 2016 at 2:44 PM Subject: Fwd: Croixbay Senior Development To: BRIAN@northlandregroup.com Enjoyed talking to you last night. I sent the attached email to the city today. Sent from my iPad Begin forwarded message: From: Maribeth Lundeen <emblund@gmail.com> Date: May 12, 2016 at 1:31:34 PM CDT To: mpolehna@ci.stillwater.mn.us Cc: awittman@ci.stillwater.mn.us Subject: Croixbay Senior Development I attended a neighborhood meeting last night on this development. I live at 3623 Pine Hollow P1, Stillwater. I am on the Pine Hollow Association Board and also the Liberty on the Lake Master Board so I am very vested in what happens in our neighborhood. My opinions I am expressing here are my own although most of the residents that I have spoken to in Pine Hollow Development are in support of this development as most of us understand that in the next 5-12 years we may need a living situation that this development would provide for us. Some people are concerned about the size of the project but they do not realize how much of the land is actually being preserved. I have had in the past some experience in the area of housing and know that in the metro area rental vacancy rates are very low right now so just finding quality rental housing can be a challenge. As the baby boomers continue to age there will be a great need for more Senior Housing Choices and this project has co-op options, rental options and options for assisted living and memory care. I am also familiar with Ebenezer and know that they provide quality services. From this meeting I learned about how the land would be used and the quality of construction that would go into this development. I think that this project would actually enhance our neighborhood and also the housing choices for all seniors now living in Stillwater. I think it is important for Stillwater to plan for the future and add Senior Housing like this to the mix of housing available in Stillwater. I hope the City will choose to move forward with this project. A project like this would also create good employment opportunities for people who live in this area. Thank You for your time. Maribeth Lundeen 651-351-0424 emblund@gmail.com 2 FYI Summary of Proceedings Washington County Board of Commissioners May 10, 2016 Present were Commissioners Fran Miron, District 1; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Miron presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Weik — reported that she taped the next episode of County Insight featuring Keith Ryskoski, Library Director, and the Library Strategic Plan. She attended the Woodbury Business Celebration regarding community and economic development activities. She attended the Woodbury Thrive meeting. She attended a legislative meeting with Representative Fenton regarding the legislative agenda. She attended an East Metro Strong meeting, and reported that the speaker series will begin next week. She reported that she was contacted by a resident from District 2 that supports an increase in the gas tax imposed by the State of Minnesota for transportation purposes. - Commissioner Bigham — thanked the City of Cottage Grove and Washington County's Public Health and Environment Department for the Spring Cleanup Day on Saturday, May 7th, in Cottage Grove. She attended the Counties Transit Improvement Board Legislative meeting on May 6th - Commissioner Kriesel — reported that he attended several open houses regarding road projects. - Commissioner Miron — reported that the Annual Local Law Enforcement Memorial Day Ceremony will be at the Washington County Historic Court House on May 16th at noon. He reported that the National Police Officers Week will be from May 15th through May 21st. Community Services - Approval of 3 full time equivalents, special project 1 year child protection positions. General Administration Approval of the following actions: - April 26, 2016, County Board Meeting Minutes. - Board correspondence was received and placed on file. - Resolution No. 2016-062, approval of continued participation in the Home Consortium with Anoka County, Dakota County, Ramsey County, and city of Woodbury. - Molly O'Rourke, County Administrator, reported that Cindy Doty, Jail Programmer was the recipient of the 2016 Kay Siebrass Jail Program of the Year Award. - Wayne Sandberg, Public Works Deputy Director, provided an overview from the Senate regarding transportation funding, including the Motor Vehicle Lease Tax. - Board Workshop to discuss updates on on the Wilder Forest Land Conservation Project. Housing and Redevelopment Authority - Approval of resolution No. 2016-064, approving 2016 annual action plan for Community Development Block Grant and Home Investment Partnerships Programs and authorizing submission of such grant request to the United States Department of Housing and Urban Development. Property Records & Taxpayer Services - Approval of application for a 1 day temporary liquor permit for Pollinator Friendly Alliance, Stillwater Township. Public Works Approval of the following actions: - Resolution No. 2016-063, Minnesota Snowmobile Trails assistance program Star Trails Association. - Contract with Tierney Brothers to furnish and install conference room equipment for the Public Works North Shop project. - Contract with Staples Business Advantage to furnish workplace furnishings for the Public Works North Shop Project. - Resolution No. 2016-065, Minnesota Department of Transportation agreement for federal participation in preliminary engineering. Sheriff - Approval of a sub -grant agreement between Washington County and the Metropolitan Emergency Services Board. 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. i 1 1 a t e r INF OIRTNFLACE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North May 17, 2016 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 May 3, 2016 regular and recessed meeting V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Augsburg College MBA Student Presentation on Economic Development 3. Heritage Preservation Awards 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 4. Police Chief 5. Fire Chief - Regions Recognition Update 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator 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. 12. Resolution 2016-101, directing payment of bills 13. Resolution 2016-102, resolution approving adjustment in the city administrator's salary based on satisfactory one year performance evaluation as provided in the city administrator employee agreement 14. Resolution 2016-103, approving Access Agreement with park construction for construction staging on the Palmer Property 15. Resolution 2016-104, accepting proposal from WSB & Associates for MS4 Storm Water Management Program Updates 16. Possible approval to purchase NFPA compliant hose - Fire Department 17. Resolution 2016-105, approving new On -sale and Sunday Liquor License to Ziggy's LLC; DBA: Ziggy's Restaurant 18. Resolution 2016-106, approving cooperative agreement between City of Stillwater and Brown's Creek Watershed District for the Brown's Creek Park Project. IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. Case 2016-14. This is the date and time for a public hearing to consider a request by Kenneth Heifort, for consideration of a concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds at Heifort Hills, a 24 -lot residential subdivision to be located at 8753 and 8911 Neal Avenue North, currently located in the AP Zoning District. PID: 2003020220015. Complete property and legal description available upon request. (Ordinance -1St Reading & Resolution - Roll Call) (tabled from May 3, 2016) X. UNFINISHED BUSINESS 20. Possible approval of bids and awarding of contract for 2016 Street Improvement Project, Project 2016-02 (Resolution - Roll Call) XI. NEW BUSINESS 21. Aiple Property Update (available Tuesday) 22. Consideration of a Chicken Keeping Permit at 1609 Morningside Drive 23. Possible approval of resolution and contract for participation in Solar Gardens (Resolution - Roll Call) 24. Possible approval of consultant services for Community Development (Resolution - Roll Call) (available Tuesday) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS 25. The Phipps Center for the Arts - Art Bench Trail XIV. COUNCIL REQUEST ITEMS 26. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT i 1 1 a t e r INF OIRTNELACE OF MINNESOTA CITY COUNCIL MEETING MINUTES May 3, 2016 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Absent: None Staff present: OTHER BUSINESS City Administrator McCarty Human Resources Manager Robole City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser Finance Director Harrison City Clerk Ward Introduction of Human Resources Manager, Donna Robole City Administrator McCarty introduced Donna Robole, Human Resources Manager. Ms. Robole briefed the Council on her background and qualifications. Discussion of City Hall usage and policy City Administrator McCarty stated that over the past few months there have been security and other concerns about allowing the public use of City Hall meeting rooms after hours. With the Fire Department moving away from City Hall, there is no longer a 24/7 staff presence in the facility. Staff recommends that the City stop providing meeting rooms for the general public or organizations, and direct them instead to contact the Library for use of their meeting rooms. Mr. McCarty reviewed a proposed Meeting Room Policy that limits use of meeting rooms. City Clerk Ward reiterated that the main concern is City Hall doors left open, which happened numerous times in the past year. Councilmember Polehna mentioned that later this year the Armory will be open, which will have meeting rooms available to the public. Mayor Kozlowski emphasized the importance of providing a transition period and options for those groups that currently meet at City Hall. City Clerk Ward stated that she could provide the groups who regularly meet at City Hall with a list of other available spaces. Public Works Director Sanders inquired being that Teddy Bear Park is a public facility would that be part of the policy. City Council Meeting May 3, 2016 Councilmember Polehna suggested the name of the policy be changed to City Hall Usage Policy to be more clear. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2016- 095, approval of Meeting Room Policy for City Hall. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None STAFF REPORTS Police Chief Gannaway invited the Council and public to a Law Enforcement Memorial Service set for May 16 at the Washington County Historic Courthouse. Community Development Director Turnblad updated the Council on the Downtown Plan committee schedule. Public Works Director Sanders informed the Council that the bids for the 2016 street improvement project came in $200,000 lower than the engineer's estimate. City Administrator McCarty provided an update on the Classification and Compensation study. ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION Mayor Kozlowski adjourned the meeting to Executive Session at 4:54 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Police Chief Gannaway Fire Chief Glaser Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of April 19, 2016 regular meeting minutes Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the April 19, 2016 regular meeting minutes. All in favor. Page 2 of 9 City Council Meeting May 3, 2016 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Council Service Award - Watermark Church Mayor Kozlowski presented a Council Service Award to Watermark Church for helping clean up Lowell Park. Council Service Award - Solveg Peterson and Don Stiff (Parks & Recreation); Karen Markowitz and Ann McLellan (Charter); Gim Middleton (Planning) Mayor Kozlowski reviewed Council Service Awards to be sent to Solveg Peterson, Don Stiff, Karen Markowitz, Ann McLellan, and Gim Middleton for fulfilling their volunteer service on their respective commissions. OPEN FORUM Kathy Helmberger, 303 North Fourth Street, spoke on behalf of the Fourth Street neighborhood, regarding concern that residents of the Swedish Covenant Church have set up an Event Center in their home without a permit nor notification of neighbors. Community Development Director Turnblad told the Council that staff is aware of the issue; that the property is the subject of enforcement action because there was renovation done without a building permit; and they have opened an event center without a permit. Councilmember Weidner pointed out that the larger question is enforcement: there is a need for an enforcement person for zoning issues. Community Development Director Turnblad replied that with zoning code violations such as this, the City Planner would usually contact the property owner to discuss the code with them, present a verbal request, and then a letter to stop the activity and submit the proper application. CONSENT AGENDA Resolution 2016-090, directing payment of bills Resolution 2016-091, 2016 technical services agreement between Washington County Conservation District and the City of Stillwater Possible approval to purchase Dodge Ram 4500 with contractor body and crane — Public Works Resolution 2016-092, approving transfer of tobacco license of Stillwater Tobacco Shop, Inc. DBA: Stillwater Tobacco Shop to Northgate, Inc. DBA: Still Tobacco 2 Resolution 2016-093, approving Long Lake Rain Gardens Agreements between the Homeowner, Brown's Creek Watershed District and City of Stillwater Resolution 2016-094, reappointing member to Downtown Parking Commission Possible approval of scrivener error correction on Resolution 2016-089 Possible approval of retail fireworks permit — Cub Foods Possible approval of Temporary Liquor License — Fundraiser for St. Croix Kids Possible approval of retail fireworks permit — Target #931 Resolution 2016-096, Possible approval of resolution approving settlement Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Page 3 of 9 City Council Meeting May 3, 2016 PUBLIC HEARINGS Case 2016-14 A public hearing to consider a request by Kenneth Heifort, for consideration of a concept Planned Unit Development, Preliminary Plat, and a Zoning Map Amendment for The Ponds at Heifort Hills, a 24 -lot residential subdivision to be located at 8753 and 8911 Neal Avenue North, currently located in the AP Zoning District. Community Development Director Turnblad reported that the plat needs to be redesigned due to a wetlands issue, so staff asks to open and continue the public hearing until the next Council meeting. Mayor Kozlowski opened the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table the request by Kenneth Heifort for consideration of a concept Planned Unit Development, Preliminary Plat, and Zoning Map Amendment for The Ponds at Heifort Hills, and continue the public hearing to May 17. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of Lumberjack Days Special Event and Contract City Administrator McCarty reviewed the revised Lumberjack Days Special Event and Contract. Brad Glynn, The Locals, stated they are in agreement with the contract. Councilmember Polehna asked why the public safety department is required to approve music and determine how it is promoted. Mr. Glynn replied that public safety does not critique the musicians or musical genre, but rather looks at the selected bands and researches similar crowds that are anticipated in order to determine potential public safety needs. Public safety review of the media campaign probably relates to the event being made community- and family -friendly according to the original RFP. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve Resolution 2016-098, approving 2016 Lumberjack Days Agreement. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Consideration of parking ramp advertising proposal and contract Community Development Director Turnblad explained that Ramp Ads Marketing, LLC has asked the City to consider allowing them to advertise in the City's parking ramp. The Downtown Parking Commission in March approved the concept of placing discrete ads in the ramp, and set up a committee which would approve or disapprove the ads. The City would receive 20% of the advertising revenue and would have no up -front costs. Staff asks the Council to consider the contract and if found to be satisfactory, adopt the Resolution approving it. Chris Christian of Ramp Ads gave a presentation on how the advertising program would work. They predict revenue of $5-10,000 per year. The City would earn 20% of that. There would be Page 4 of 9 City Council Meeting May 3, 2016 three different sizes of ad, 2 x 4, 3 x 6, and 4 x 8. The material would be removed by reheating which releases the adhesive so the ad may be peeled off. They would propose three to five ads placed in the City parking ramp. Mayor Kozlowski stated he likes the idea as a marketing concept, but would not want to see fast food ads in the City ramp. He feels it would be tacky for downtown Stillwater. Councilmember Weidner agreed and added that he does not feel the revenue would be worth it. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to deny a contract with Ramp Ads, LLC. Ayes: Mayor Kozlowski, Councilmembers Weidner, Polehna Nays: Councilmembers Junker, Menikheim Consideration of Cashman tuk-tuk request Community Development Director Turnblad stated that Jim Cashman is proposing tuk-tuk service in downtown Stillwater. The drivers would offer rides and mini -tours downtown for free. Mr. Cashman's plan is to operate two battery operated vehicles between April and October. Revenue to support the drivers and vehicle costs would be generated through rider donations and advertising placed on the vehicles. One reserved parking stall is requested for each of the two vehicles. As with the Stillwater Trolley and the BierCycle, a license would be necessary to reserve public parking spaces for private use. The Downtown Parking Commission liked the idea of the tuk-tuk service, but recommended denial of the request to reserve two parking spaces, instead suggesting that Mr. Cashman negotiate parking spots within private lots. The Council should decide whether it supports the request to reserve two on -street parking spaces for the tuk-tuks. If so, staff will bring a license back to the next Council meeting for formal approval. Mayor Kozlowski noted in other places where he has seen these types of services, they are always in use and seldom parked. He questioned the need for a dedicated parking spot. Jim Cashman, 2022 Broadway Street North, replied that it would be nice to have a reserved parking spot that has excellent visibility and exposure. He added he is considering just one tuk- tuk for this year to get the business going. He has not purchased the tuk-tuk yet. He feels one less parking spot would not matter that much. Regarding the potential spot by the gazebo, Fire Chief Glaser commented that it is a busy, congested area used for a lot of weddings and other groups. Mayor Kozlowski stated he wants to have the tuk-tuk downtown. He feels a reserved parking space would not be needed. Councilmember Weidner suggested he talk to other business about resting in his parking lot if needed. He feels the City should not allow dedicated public parking spots. Councilmember Junker added that the four spots that Mr. Cashman suggested are probably the most visible spots in Stillwater. He feels there are other great spots in private parking lots that would be more appropriate. Councilmember Polehna noted the service may help with some of the congestion downtown and in the long run may be good for the community. Mayor Kozlowski stated he is opposed to reserving a public parking space, but pledged to help Mr. Cashman talk to business owners about using their private lots. Mr. Cashman agreed the Page 5 of 9 City Council Meeting May 3, 2016 vehicle will be constantly moving. He feels there will be no problem getting media attention to promote the tuk-tuks. Councilmember Menikheim reminded Mr. Cashman he needs to have a place to charge the vehicles. Motion by Councilmember Junker, seconded by Councilmember Polehna, to deny the request by Jim Cashman for two reserved parking spaces. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Consideration of JX Event Venue parking request Community Development Director Turnblad reported that Judd Sather is well into the remodeling project for the JX Event Center, located in the historic shoe factory building on 2nd Street and Commercial Street. Mr. Sather is hoping to create four event drop-off spaces on 2nd Street and four event parking spaces on Commercial Street. The requested drop-off spaces are at the front entrance to the Event Center. The requested event parking would be for catering and other service needs and are located near the service entrances on Commercial Street. In addition, the delivery dock that projected into the Commercial Street right-of-way has been removed as part of the Event Center renovation, which was necessary in order for the City to be able to complete the Commercial Street pedestrian improvements planned in the current Comprehensive Plan. Mr. Turnblad explained that even though the timing for the improvements is unknown, eventually the curb line on the south side of Commercial Street would be straightened out (it currently does a jog around the loading dock space) and the sidewalk on both sides of the street would be upgraded and made more welcoming to pedestrians. Mr. Turnblad continued by stating that Mr. Sather has removed the loading dock at his cost, but would like to keep the curb line as it is and Mr. Sather is request that the City consider allowing the event parking and 15 minute parking. Mr. Turnblad stated that the Parking Commission recommended: 1.) Approval of the two northerly spaces on Second Street in front of the event center to be signed for loading and unloading. These would be available to anyone, not restricted to event center use; 2.) Denial of the request to convert the two southerly spaces on Second Street to short term parking; and 3.) Denial of the request to convert the four spaces on Commercial Street to event parking. Staff recommends realigning the curb on Commercial Street so that the loading dock jog is removed. However, to accommodate backing into the former loading dock area, a curb cut could be allowed, which the curb cut and sidewalk in this area would have to be approved by the City Engineer. Mayor Kozlowski commented that he would hate to see those two potential loading spaces sit empty most of the day. He would prefer to see 15 -minute parking. Councilmember Junker responded that loading zones that are empty are good because that means they are working, whereas people frequently park much longer than 15 minutes in 15 -minute spaces. Mr. Sather explained that the spaces on Commercial, where the loading dock was, will be used for service deliveries while customers will use the spaces on Second Street. If there are two cars parked in front of the main entrance on Second Street, all the guests will be walking between those two cars. Page 6 of 9 City Council Meeting May 3, 2016 Councilmember Polehna reflected that having the loading zones is a good idea for both JX Event Center and the Lowell Inn. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the two northernmost parking spots on Second Street for loading and unloading only. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Update on Browns Creek Parking Lot Public Works Director Sanders updated the Council on construction of a paved parking lot in Browns Creek Park, located on the west side of Neal Avenue, north of the Brown's Creek Trail. The proposed parking lot would be designed for 25 vehicles, to fit within the existing gravel area, and 60' x 117' in area. Staff was approached by the Brown's Creek Watershed District (BCWD), who would like to construct a water quality project on the site of the City's parking lot project, that would include a rock crib basin to decrease the temperature of storm water runoff, structures that capture sediment before it enters into Brown's Creek, and a rain garden. BCWD has proposed a location for the rock crib that would require a change in the configuration of the original parking lot design, increasing the size of the lot to 42' x 225'. Mr. Sanders continued by stating that BCWD has agreed, to pick up the any additional cost of the change in configuration of the parking lot in order to accommodate the new location of the rock crib. BCWD has agreed to engineer and construct the City portion of the parking lot as well, and has prepared a draft cooperative agreement for the project. He informed the Council that the agreement would address issues such as BCWD's right to construct and maintain the rock crib on City property, and cost participation and that the agreement is being reviewed by staff and will be brought back to the Council at the next meeting for approval. The parking lot would be constructed in August -September. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve the Brown's Creek parking lot project and direct staff to work with BCWD on the projec, and bring the cooperative agreement back to Council for approval. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Community Development Department Status of 2016-17 Project Work Plan Community Development Director Turnblad presented the Council with lists of completed projects, on -schedule projects, and delayed or postponed projects. He noted that the first quarter of this year has generated an atypical amount of "routine" planning work. This includes private development proposals, variance and special permit applications, economic development work, enforcement issues, public inquiries, etc. In addition, the department secretary accepted a position with the St. Croix County Planning Department and the vacancy is in the process of being filled and that the administrative support is being done by the planner. He stated that the result of the unexpected routine work load increase, together with the loss of the planning secretary, is that some projects have been put on hold or are progressing more slowly than hoped. Mr. Turnblad continued by offering two approaches to reconciling the project work plan with staff resources: 1) reschedule the 2016 projects that have been postponed or have fallen behind to 2017; or 2) explore retaining a planning consultant to help with the project work load. This person could Page 7 of 9 City Council Meeting May 3, 2016 be paid through economic development funds. He offered to get cost estimates and bring it back to the Council. Councilmember Weidner agreed that more help is needed, especially for enforcement of ordinances. Mr. Turnblad responded that, long term, the City is reaching development capacity, so new development probably would not take as much time in the future. The City will need to add a zoning administrator who can concentrate 011 zoning enforcement and questions. Councilmember Menikheim remarked he would prefer not to postpone 2016 work items until 2017. Asked by Councilmember Junker about a length of a position, Mr. Turnblad stated he would probably recommend a cap for the consultant for this year. Councilmember Weidner stated he looks at a consultant position as short-term and a zoning administrator position as long term. Council consensus was to direct staff to bring back more information on costs of a consultant, and what projects could be done for the money available. Possible approval of Management Plan for Palmer property Community Development Director Turnblad reminded the Council that in December 2015, the City purchased the former Palmer property remnant on the corner of Manning Avenue and Dellwood Road from Washington County, which used legacy funds to reduce the City's purchase price. As part of the purchase contract with the County, the City agreed to develop a management plan for the protected areas of the site. The City asked the Brown's Creek Watershed District board of directors if they would help develop the plan. They approved the request and committed $7,200 to hire EOR for the job. EOR and BCWD staff met a number of times with the Public Works Director and Mr. Turnblad to draft the plan. Public Works and Community Development staff recommend approval of the plan. Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt Resolution 2016-099, adopting the "Former Palmer Property Wetland Buffer Management Plan." Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Possible appointment to the Heritage Preservation Commission City Clerk Ward stated that the Heritage Preservation Commission Chairman and Council Representative are recommending the appointment of Ms. Angela Hadrits. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2016- 100, appointment to Heritage Preservation Commission. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None COMMUNICATIONS/REQUESTS Councilmember Polehna noted that Thursday night, the Human Rights Commission will sponsor a speaker at the Library on human trafficking. Page 8 of 9 City Council Meeting May 3, 2016 STAFF REPORTS (CONTINUED) Fire Chief Glaser reported that on May 17, Regions EMS will recognize one of Stillwater's response crews for their efforts in saving a young man's life last October. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 9:06 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2016-090, directing payment of bills Resolution 2016-091, 2016 technical services agreement between Washington County Conservation District and the City of Stillwater Resolution 2016-092, approving transfer of tobacco license of Stillwater Tobacco Shop, Inc. DBA: Stillwater Tobacco Shop to Northgate, Inc. DBA: Still Tobacco 2 Resolution 2016-093, approving Long Lake Rain Gardens Agreement between the Homeowner, Brown's Creek Watershed District and City of Stillwater Resolution 2016-094, reappointing member to Downtown Parking Commission Resolution 2016-095, approving meeting room policy for City Hall Resolution 2016-096, a resolution approving settlement Resolution 2016-097, not used. Resolution 2016-098, approving 2016 Lumberjack Days Agreement Resolution 2016-099, adopting the "Former Palmer Property Wetland Buffer Management Plan" Resolution 2016-100, appointment to Heritage Preservation Commission Page 9 of 9 EXHIBIT "A" TO RESOLUTION #2016-101 Page 1 LIST OF BILLS Ace Hardware Advanced Sportswear AdvantageHealth Corporation Al's Coffee Company Animal Humane Society Best Buy Business Advantage Board of Water Commissioner Breth-Zenzen Fire Protection LLC Building Assets LLC Carquest Auto Parts CDW Government Inc. Central Wood Products Century Link Century Power Equipment City of St. Paul Clifton LarsonAllen LLP Comcast Cope Plastics Inc. CoStar Realty Information Inc Coverall of the Twin Cities Curb Masters Custom Fire Custom One Homes Diamond Vogel Paints Downtown Promotion Reporter ECM Publishers Emergency Medical Products Emergency Response Solutions Enterprise FM Trust Fire Safety U.S.A. FleetPride Fransen Decorating Inc Frontier Ag & Turf G & K Services Gertens Wholesale Gopher State One Call Inc. Guardian Supply Haussner Plumbing LLC Herzog Joshua Holiday Companies Ice Skating Institute ITL Patch Co Inc Jimmys Johnnys Inc. Kirvida Fire Inc. Kowalski's Market Supplies Embroidery Wellness seminar & incentive campaign Coffee for concessions Pound charges Minor equipment WAC Charges & Irrigation repair Fire hall Refund 80% Permit fee Supplies Network infrastructure Premium hardwood Telephone Supplies Asphalt Audit Internet & Voice Clear polycarbonate Property professional Commercial cleaning services Water St Dumpster Enclosure Aluminum shassis step Grading Escrow Refund Paint Subscription Publications Medical supplies Replaced batteries in the power module Fire lease vehicle Boots Equipment repair supplies Fire hall Equipment repair supplies Mats & Uniforms Plants Locates Uniforms Plumbing service Tornado siren support Vehicle washes A night at the movies Uniform supplies Portable restroom rental Vehicle repair 6109 Breakfast trays & orange juice 293.24 230.00 1,055.00 207.00 285.00 377.06 4,059.87 1,736.25 7,854.60 11.95 694.70 1,935.00 310.60 81.43 2,703.24 19,000.00 321.05 953.00 345.08 540.00 21,771.55 868.75 1,500.00 234.60 226.50 343.15 186.64 41.24 1,558.52 287.50 22.31 3,354.43 1,058.79 1,098.00 403.77 517.65 399.12 137.00 2,600.00 260.00 25.00 223.00 106.34 870.98 62.84 EXHIBIT "A" TO RESOLUTION #2016-101 Page 2 Loffler Companies M.J. Raleigh Truck Co. Mansfield Oil Company Marshall Electric Company MCFOA Menards Metropolitan Council Metropolitan Mechanical Contractors Minnesota Occupational Health Minnesota Wanner Co. Mississippi Welders Supply Co. MP Nexlevel LLC Mulcahy Nickolaus My Alarm Center Nelson Auto Center Office Depot Olsen Chain and Cable Inc. O'Reilly Auto Parts Pereboom Jesse Powell Robert Pro Headsets Pro -Tec Design Quill Corporation Rehn Code Consulting Services Ryan Rice Lake Glass & Door Schelen Gray Auto and Electric LLC Secure by Design Inc SHRM Sonus Interiors Inc Spartan Promotional Group Sprint PCS St. Croix Recreation Fun Playgrounds Stillwater Area High School SW/WC Service Cooperatives T.A. Schifsky and Sons Toll Gas and Welding Supply Trans Union LLC Tri-State Bobcat Uline Inc United Refrigeration Inc Verizon Wireless Viking Industrial Center Wahl Thomas Wold Architects and Engineers Zayo Enterprise Networks Network/computer support C-5 Fuel Repair park lights Membership Supplies Wastewater Charge & SAC Repair boiler Drug screening Equipment repair supplies Cylinders Locates Fire hall Alarm monitoring Ford police interceptor 2016 Office supplies Building repair charges Oil filter Reimburse for mileage Reimburse for work boots Phone headset Aiphone outputs Office supplies Plan review Fire hall Crack filler Ninite Pro Membership Fire hall No parking Cell phone NSA filter Park Fee Refund Retiree Health Insurance & COBRA Asphalt Cylinders Information Charges Trimmer & filters Hazardous waste barrels Cyl deposit Police Mobile Broadband Safety equipment AearVator parts Schematic design Police Remodel Phone 38.75 249.04 2,873.87 4,095.00 70.00 395.16 140,291.50 679.67 163.20 46.43 30.00 870.00 9,152.90 499.92 26,146.95 718.52 676.49 19.38 13.50 160.00 299.00 176.00 252.20 1,257.68 2,203.30 449.98 240.00 190.00 1,434.05 427.95 98.99 132.00 35.00 62,900.48 5,451.99 42.72 85.52 392.63 336.43 4,680.00 603.33 385.80 705.00 13,653.00 531.79 EXHIBIT "A" TO RESOLUTION #2016-101 Page 3 LIBRARY Ace Hardware Baker and Taylor Brodart Co Cartridge World Hudson Cole Papers Culligan of Stillwater G & K Services Master Mechanical Inc. Midwest Tape Petrie Angela Quill Corporation Stillwater Public Library Foundation Toshiba Business Solutions Valley Concrete Inc. Janitorial Supplies Materials Materials Supplies Janitorial Supplies Water Towels & Rugs Q2 Preventative Maint Materials - Audio Staff Reimbursement Supplies Reimbursement for April CC Gifts Maintenance Contract Parking Ramp Repair 123.75 1,724.81 1,195.52 128.98 339.98 61.80 93.74 1,126.50 334.20 48.35 90.43 739.07 32.12 1,955.00 RESOLUTION 2016-102 RESOLUTION APPROVING ADJUSTMENT IN THE CITY ADMINISTRATOR'S SALARY BASED ON SATISFACTORY ONE YEAR PERFORMANCE EVALUATION AS PROVIDED IN THE CITY ADMINISTRATOR EMPLOYEE AGREEMENT WHEREAS, the Employee Agreement between the City of Stillwater and J. Thomas McCarty, City Administrator, provides that the City Administrator will receive a one year performance evaluation and also provides that the Administrator shall receive a salary adjustment to $135,000 plus COLA on the anniversary date provided a satisfactory one year performance evaluation is received; and WHEREAS, the City Council completed a one year performance evaluation for the City Administrator on May 3, 2016; and WHEREAS, the City Council has determined that the one year performance of the City Administrator is satisfactory and meets the conditions of the Administrator's Employee Agreement. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater, hereby approves an adjustment in the annual salary of J. Thomas McCarty, City Administrator, to the amount of $135,000 plus COLA of 3%, retroactive to March 9, 2016, based upon a satisfactory one year performance evaluation and pursuant to Section 2. of the Employee Agreement between the City of Stillwater and the City Administrator. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of May 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders Director of Public Works DATE: May 10, 2016 RE: Stormwater pond inventory and assessment DISCUSSION As requirement for the new Municipal Separate Storm Sewer Systems (MS4) permit, the City is required to have standard operating procedures for inspections and maintenance of our MS4 facilities and to develop a pond assessment program to determine the treatment effectiveness of storm water basins within the City. There are over 200 ponds, wetlands, and raingardens within the City and the task of inspecting and determining the treatment effectiveness of the storm water basins requires a significant time commitment from staff. Staff has been working with WSB & Associates, (WSB) who have developed a Storm Water Asset Management Program (SWAMP), that would gather information on our storm water basins such as pond depth, pond area, drainage area, etc., and determine the treatment efficiencies of the basin. Each basin would then receive a score that would assist the City in the scheduling of inspections, maintenance and budgeting. (WSB has had discussion with the Minnesota Pollution Control Agency (MPCA) about the SWAMP program and has indicated that it would satisfy the requirements of inventories and Standard operating procedures in the MS4 permit.) The City would receive the resulting data in web based program that could be reviewed and updated through time. WSB submitted a quote not to exceed $13,900 which includes the data gathering and the resulting inventory. There is also a onetime fee $5800 for the SWAMP application and annual subscription fee of $2900. The initial startup cost is $22,600 and subsequent annual subscription cost would be funded through the Storm water utility fund. RECOMMENDATION Staff recommends that Council approve WSB to conduct a pond assessment and inventory for the City in the amount of $22,600. ACTION REQUIRED If Council agrees with the recommendation, they should pass a motion approving WSB to conduct a pond assessment and inventory for the City . ACCEPTING PROPOSAL FROM WSB & ASSOCIATES FOR MS4 STORM WATER MANAGEMENT PROGRAM UPDATES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: hereby approves the proposal of WSB & Associates related to the update of the City's MS4 Storm Water Management Plan to conduct inventory and pond assessment at a cost of S22,6O0 and authorizes the Public Works Director to sign the proposal for the services. Adopted by the City Council this 17th day of May, 2016. Ted Kozlowski, Mayor Attest: WSB Building a legacy — your legacy April 15, 2016 Mr. Shawn Sanders City of Stillwater 216 Fourth Street North Stillwater, MN 55082 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Re: Proposal to Provide a Storm Water Asset Management Program (SWAMP) for the City of Stillwater Dear Mr. Sanders: We are pleased to present this work plan to develop and implement a Storm Water Asset Management Program (SWAMP) for the City of Stillwater. The SWAMP will assist the City with scheduling and budgeting inspection and maintenance activities, tracking TSS and TP pollutant loadings, and can be used to help meet the City's MS4 permit requirements. This program will establish your Standard Operating Procedure (SOP),for managing your storm water basins. BACKGROUND INFORMATION Minimum Control Measures 5 and 6 of the MS4 permit require the City to have a standard operating procedure for inspections and maintenance of their MS4 owned and operated facilities (BMPs). Minimum Control Measure 6 also requires the City to develop pond assessments to determine the treatment effectiveness of stormwater basins within the City. WSB has met with the MPCA to review our approach (outlined below) to verify that it will meet the MPCA's requirements outlined in the NPDES permit. MPCA staff has indicated that the SWAMP will satisfy the requirements for the inventories and SOP required in the NPDES permit. The City of Stillwater contains approximately 245 storm water basins. The task of inspecting and maintaining these items, as well as tracking the treatment efficiency of these basins, is a significant commitment of staff time and a financially daunting task. To allow the City to manage its storm water system, annually allocate budget, and meet MS4 requirements, WSB proposes to develop a SWAMP by completing the following scope of services. Task 1 —Organize and Format Stillwater Input Parameters for SWAMP WSB will work with City staff to complete the following steps needed for the SWAMP: • Identify the various stormwater basins present within the City for incorporation into the SWAMP • Digitize the pond shapefile to match the existing footprint based on aerial photography (create a polygon shapefile from the current point shapefile) • Develop and define attributes for each basin which include: o Facility type (pond, infiltration basin, storm water wetland, etc.) Equal Opportunity Employer wsbeng.com CAUsers\jnewhell\Desktop \SWAMI' SWq\L9R PROP_SWA64P_Slillweter_041516 docx Mr. Sanders April 15, 2016 Page 2 o Storage volume of facility o Treatment expectations o Size of drainage area o Imperviousness of drainage area o Receiving water classification/sensitivity o Impaired Waters and Waste Load Allocation status of approved TMDLs o Anti -Degradation considerations o BMP sensitivity analysis o Field investigation process and results o BMP age and historic maintenance activities completed o Ownership (private vs. public) o Access for maintenance • Gather any pond inspection data which has been collected to date. This data will need to be formatted to meet the programming needs of the SWAMP. Task 2 — Develop and Launch a Customized Version of SWAMP for Stillwater WSB will utilize the information collected during Task 1 to develop an individually tailored SWAMP using ArcGIS Server. This web application will be hosted by WSB. The web -based SWAMP program will allow City Employees to easily access information related to the City's storm water basins, complete and store survey records, and update information as needed. Using the information stored in the database, SWAMP will allow the user to: • Create a composite SWAMP score for each storm water basin. Composite scores can be used by City staff to prioritize and budget inspection and maintenance activities. • Calculate estimated annual treatment efficiencies and annual load reduction provided by each stormwater basin for Total Phosphorus and Total Suspended Solids. • Calculate the life cycle cost -benefit to help the City determine the value of performing maintenance or improvement activities on any given storm water basin. • Provide calculated responses regarding storm water basin maintenance activities (similar to a pavement management program) • Meet MS4 requirements for stormwater basin management The cost to complete Tasks 1-2 is $13,900 and will be billed at an hourly not to exceed cost. This cost assumes developing the SWAMP for approximately 245 storm water basins. Software Cost and Annual Subscription Fee The SWAMP Web Application cost is $5,800 with an annual software subscription of $2,900 beginning in 2016. This subscription includes access to the web application, cloud server storage of City's program, application maintenance, and future software updates. c:\iucn\jortvholl\do,ktop\owemp etufNtr prop_nwxmp_etillwnter_041516 docx Mr. Sanders April 15, 2016 Page 3 W5B intends to keep the SWAMP current and relevant by providing program updates as necessary. WSB will notify you when updates are available. Future Task — Inspections and Comprehensive Project Review (Future Task) Based on the SWAMP prioritization, inspections and a comprehensive project review may need to be completed to determine the extent of maintenance and improvement that is needed. WSB staff will be available to complete inspections and/or help the City prepare a project review memoranda concerning Future maintenance or improvement projects that need to be conducted. WSB has completed many basin inspections, project review memoranda, and design/construction of basin improvement projects. Based on our experience, we are able to complete these tasks efficiently and at a low cost to our client. SUMMARY We propose that Tasks 1-2 be billed hourly and at a cost not to exceed $13,900. In addition, the Web Application will be billed at a Iump sum cost of $5,800 and there will be an annual subscription cost of $2,900 that will be billed at a Iump sum cost annually starting in 2016. Thank you for this opportunity to develop a SWAMP Web Application for the City of Stillwater. MB is confident this assessment tool and inspection and maintenance prioritization program will help guide City staff on the best use of funds to achieve the desired storm water benefits. If you are in agreement with the scope of services outlined above, please sign where indicated below and return one copy to our office. If you should have any questions regarding this proposal, please contact me at 763-231-4861. Sincerely, WSB . Associat Inc Jake Newhall, PE Project Manager ACCEPTED BY: City of Stillwater I hereby authorize WSB & Associates, Inc. to complete Tasks 1— 2 identified above for an hourly not to exceed cost of $13,900. In addition, I authorize a one-time billing of $5,800 for the SWAMP Web Application and an annual subscription fee of $2,900. Name Title Date ,AuseasynewheirkldMcgYu+xmp s,dlVlr pry mamy_A 9iwwmr_44! 1516 4Kx STAFF REQUEST ITEM Department: Fire Date: May 11, 2016 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase NFPA compliant fire hose. SFD tests fire hose annually and any hose that does not meet testing specifications is required to be destroyed. Over the past several years a number of sections of hose has failed testing and in need of replacement. In order to maintain safe, compliant equipment I am requesting the authorization to purchase up to $2,500.00 of replacement hose. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) Funding for this request is available in the current Fire Department's Capital Improvement budget. • $2,500.00 ADDITIONAL INFORMATION ATTACHED Yes No ,� ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: May 11, 2016 4 c M0 epi 1 S//z/j.0 MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: May 12, 2016 SUBJECT: Access Agreement pISCUSSION Park Construction (Park), the contractor responsible for the roundabout construction at Manning Avenue and Highway 96 g Project, has approached the City about using the Palmer Property, located at the southeast corner of this intersection as a staging area and site for their construction trailer during construction of the roundabout. Park would use the site from May to September of 2016. Attached is an access agreement for Park to use the site, in return Park has agreed to; demolish and bury the existing concrete foundation and walls. Place any excess material from their project in the low areas on the site and restore any disturbed areas on the site. Staff feels this work is equivalent in payment from what the City is receiving from the Ames/Lunda group on the Barge Property ($2857/mo.) for the River Crossing Project and would help out in reducing costs towards the development of the site as a future recreational field. RECOMMENDATION It is recommended that Council approve the access agreement for the Palmer Property with Park Construction. ACTION REOUIRED If Council concurs with the recommendation, they should pass a motion adopting the ACCESS AGREEMENT BETWEEN THE CITY AND OF STILLWATER AND PARK CONSTRUCTION APPROVING ACCESS AGREEMENT WITH PARK CONSTRUCTION FOR CONSTRUCTION STAGING ON THE PALMER PROPERTY WHEREAS, an agreement use the Palmer Property as a staging area during the construction of the roundabout at Manning Ave and Highway 96 has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA that the agreement presented to Council and on file with the office of the City Clerk is hereby approved and authorizes the Mayor and City Clerk to execute said agreement. Adopted by the City Council this 17th day of May 2016. Attest: Diane F. Ward, City Clerk Ted Kozlowski, Mayor ACCESS AGREEMENT This ACCESS AGREEMENT (hereinafter referred to as "Agreement") is made as of this day of , 2016, by and between The City of Stillwater ("Grantor" or "Owner") and Park Construction Co., 1481 815 Avenue NE, Minneapolis, MN 55432 (referred to herein as "Grantee"). THE PARTIES AGREE AS FOLLOWS: 1. Access Granted. For the consideration herein set forth, Grantor grants, permits, and lets to Grantee the right to cross over the premises described in Exhibit "A." [See attached sketch](the "Premises"). Access to the Premises shall be maintained at all times. As used in this Agreement. Grantor desires to use the premises for a staging area including storage of material, equipment and a construction trailer. The property shall be accessed only from Manning Avenue at the existing entrance at the south end of the site. 2. Term.. The Access to the Premises shall be for a term beginning May 10, 2016 and September 15, 2016. Extension of the term shall be on a month-to-month basis thereafter. 3. Consideration. In lieu of payment, Grantee agrees to perform site demolition and onsite disposal of the existing foundation and walls and associated grading and erosion control on the premises. 4. Insurance. a. At Grantee's expenses, Grantee agrees to secure and maintain Workers' Compensation and Employers Liability Insurance in accordance with the laws of the State of Minnesota. A certificate of insurance shall be furnished to Grantor executed by the duly authorized representative of the insurer, indicating compliance with the insurance requirements stated herein. b. In connection with and in addition to the indemnity obligations of this Agreement, Grantee shall, at its own expense, secure and maintain general or public liability insurance, automobile liability insurance, for owned, non -owned and hired vehicles and commercial property insurance. Grantee shall name Grantor as an additional insured on said insurance policies. A certificate of insurance shall be furnished to Grantor, indicating compliance with the insurance requirements stated herein. The limits of coverage required under this Section must be at least $2,000,000 combined single limits for claims arising out of a single occurrence. 5. Indemnity. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless Grantor from and against claims, damages, losses, and expenses arising out of or resulting from the Grantee's use of the Premises, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible personal property including loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Grantee or anyone directly employed by Grantee for whose acts Grantee may be liable. 6. Removable of Property and Repair. On or before the date of termination of this Agreement, Grantee agrees, at its expense, to leave the Premises in a clean, orderly and environmentally acceptable condition, Grantee shall be responsible for the repair of any damage caused to the Premises by its use of the Premises. 7. Default. In the event that either party to this Agreement fails or neglects to do or perform any act or thing provided in this Agreement by it to be done or performed, it shall be in default under this Agreement and should such failure continue for a period of seven (7) days after written notice from the non -failing party specifying the nature of the act or thing to be done or performed, then the non -failing party may, but shall not be required to, terminate this Agreement. Grantee agrees to indemnify and hold harmless Grantor from the costs thereof and liabilities thereof and liabilities therefrom as set forth Paragraph 5 of this Agreement. 8. Notices. Any notice, demand, or other writing permitted or required to be given or served in this Agreement by either party to the other, shall be deemed to have been fully given or served when made in writing and deposited in the United States Mail, postage prepaid, at the address of the party set forth below, or such other address as the party may hereinafter designate to the other party in writing: To: Park Construction Co. 1481 81°' Avenue NE Minneapolis, MN 55432 To: The City of Stillwater Attention: Shawn Sanders Director of Public Works Address: 216 North Fourth Street Stillwater, MN 55082 9. Modification. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 10. Assignment. Grantee agrees not to sell, assign, mortgage, pledge, or in any manner transfer this Agreement and not to sublet the Premises or any part or parts thereof without the previous written consent of Grantor. Any assignment or subletting consented to by Grantor shall not release Grantee from any of its obligations under this Agreement. 11. Complete Agreement. This Agreement contains all of the agreements of the parties. There are no other representations, agreements, undertakings, terms or provisions between the parties with respect to any matter covered or mentioned in this Agreement. 12. Severability. Any provision of this Agreement that shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. 13. Governing Law. This Lease and the agreements herein shall be construed in accordance with the laws of the State of Minnesota. 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their heirs, successors and assigns. 15. Titles. The titles or headings of all paragraphs herein are descriptive only and not controlling. -2- written. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above GRANTOR: THE CITY OF STILLWATER Ity Title: GRANTEE: PARK CONSTRUCTION CO. By Title: f.--11‘V,, 11V` -3- PP-1 Err ?iN. Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 5/13/2016 Subject: New On -sale & Sunday Liquor License DISCUSSION: An application for a new On -sale & Sunday liquor license has been received from David Suddeth. The proposed license premises is at 132 Main Street South (formerly Dairy Queen). RECOMMENDATION: Staff recommend approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Health and Minnesota Liquor Control. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving New On -sale and Sunday Liquor License to Ziggy's LLC DBA: Ziggy's Restaurant", contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Health Department, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2016-105 APPROVING NEW ON -SALE AND SUNDAY LIQUOR LICENSE TO ZIGGY'S LLC DBA: ZIGGY'S RESTAURANT WHEREAS, a request for a new On -sale & Sunday liquor license from David Suddeth located at 132 Main Street South (formerly Dairy Queen); and WHEREAS, approval is contingent upon fulfilling all requirements to hold a Wine and Strong Beer liquor license, the satisfactory investigation, inspections, and approvals from the Washington County, Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves a New On -sale and Sunday Liquor License to Ziggy's LLC DBA: Ziggy's Restaurant at 132 Main Street South, Stillwater, MN. Adopted by Council this 17th day of May, 2016. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk MEMORANDUM To: Mayor and City Council f tom, r J From: Shawn Sanders, Director of Public Works Date: May 14th, 2016 Re: Cooperative Agreement between the City of Stillwater and the Browns Creek Watershed District DISCUSSION Attached is a Cooperative Agreement between the City of Stillwater and the Browns Creek Watershed District (BCWD) for the Browns Creek Park Project. This is a joint project between the two agencies for improvements located in Browns Creek Park on Neal Avenue at the existing gravel parking lot. The City improvements consists of a paved parking lot and trail connection to the Browns Creek Trail and the BCWD improvements include water quality improvements for the Browns Creek consisting of an underground rock crib, rain garden, storm water treatment system and storm sewer piping. Future Neal Avenue improvements would tie into the rock crib system. BCWD is responsible for the design of the project with each agency responsible for their own construction costs and maintenance. The estimated cost for the parking lot is $50,000. This money has been budgeted for 2016 in the Parks Capital Outlay. Construction of the project would take place this summer. RECOMMENDATION Staff has reviewed the agreement and is recommending approval. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion approving the COOPERATIVE AGREEMENT BETWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE BROWNS CREEK PARK PROJECT. APPROVING COOPERATIVE AGREEMENT BETWEEN CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT FOR THE BROWNS CREEK PARK PROJECT BE IT RESOLVED, by the City Council of Stillwater, MN that the cooperative agrement between Brown's Creek Watershed District and the City of Stillwater for for the Browns Creek Park project, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contracts on the City's behalf. Adopted by the City Council of the City of Stillwater this 17th day of May, 2016. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk COOPERATIVE AGREEMENT BETWEEN CITY OF STILLWATER AND BROWNS CREEK WATERSHED DISTRICT FOR THE BROWN'S CREEK PARK PROJECT THIS AGREEMENT is made by and between the City of Stillwater (Stillwater), a Minnesota charter city and body corporate and politic, and the Brown's Creek Watershed District (BCWD), a watershed district with purposes and powers set forth in Minnesota Statutes chapters 103B and 103D. Recitals and Background A. BCWD has authority under Minnesota Statutes chapters 103B and 103D to design and implement programs and projects to improve water quality and protect water resources within the Brown's Creek watershed. B. BCWD has an approved water -resources management plan pursuant to Minnesota Statutes chapter 103B, and the plan describes BCWD's commitment to implementing activities that will contribute to sustaining a viable cold -water fishery in Brown's Creek. C. Brown's Creek has been designated as 'impaired' by the Minnesota Pollution Control Agency for fish biota and turbidity, and a Total Maximum Daily Load study and implementation plan have been completed to assess the fish biota and turbidity impairments and to describe a plan for improving fish habitat by reducing thermal impacts and improving clarity by reducing the contribution of total suspended solids (sediment) to the creek from the Neal Avenue subwatershed tributary to the creek, and the study and plan have received the necessary approvals. D. Brown's Creek runs through Brown's Creek Park (the Park) located west of Neal Avenue and north of the Brown's Creek State Trail (the Trail) in the City of Stillwater. The Park is owned, operated and maintained by Stillwater. E. Sti lwater's capital improvements program calls for reconstruction of Neal Avenue north of the Park and other city road improvements that will result in routing stormwater runoff to the Park, and from there to Brown's Creek (Neal Avenue Improvements). F. Stillwater has planned the upgrade of the Park, which will include reconfiguring and repaving the existing parking area (the Parking Lot); paving a connection from the Park Lot to the adjacent Trail (the Trail Access), owned and operated by the state Department of Natural Resources (DNR). G. The capital improvement program in the BCWD watershed management plan states that the BCWD will undertake projects contributing to the Brown's Creek TMDL implementation plan, specifically including projects in the Neal Avenue subwatershed, and the Neal Avenue Improvements and the Parking Lot present an opportunity to City of Stillwater - 1 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project construct a rock crib and vegetated bio -filtration swale, along with associated infrastructure and one or more pretreatment devices, to reduce the temperature of runoff to 18.33 degrees Celsius or less from the 1.6 -acre tributary drainage area, as well as a 121 -pound reduction in total suspended solids (the Rock Crib). H. The viability of the Rock Crib is dependent on the incorporation of design and construction of stormwater-conveyance infrastructure into the Neal Avenue Improvements to route stormwater flow to the Rock Crib. I. The Rock Crib can be constructed entirely on the Park property, and Stillwater and BCWD have agreed to collaborate to ensure the success of the Rock Crib, including but not limited to Stillwater's conveyance to BCWD of the land -use rights necessary for access, construction and maintenance of the Rock Crib and integration of the necessary stormwater-conveyance infrastructure into the Neal Avenue Improvements to ensure that stormwater flow from Neal Avenue east of the Park is routed to the Rock Crib. J. BCWD has received a $204,350 Clean Water Legacy Fund grant from the state Board of Water and Soil Resources for the Rock Crib, and BCWD has entered an agreement with the agency to receive and use of the funds for the Rock Crib. K. On April 8, 2015, after a duly -noticed public hearing and otherwise in accordance with Minnesota Statutes section 103B.251, the BCWD Board of Managers ordered the construction of the Rock Crib. L. A preliminary design and site plan for the Rock Crib, including a delineation of the drainage area and conveyance -system elements required to ensure the necessary volume of stormwater is routed from Neal Avenue to the Rock Crib in the course of construction of the Neal Avenue Improvements, are attached to and incorporated into this agreement as Exhibit A. M. At Stillwater's request and on Stillwater's behalf, BCWD has directed Emmons & Olivier Resources, the BCWD engineer, (hereinafter the BCWD Engineer) to integrate into the preliminary design for the Rock Crib a preliminary design for the Parking Lot and Trail Access. The location of each of the Rock Crib, the Parking Lot and the Trail Access is shown in Exhibit B, attached hereto and incorporated herein. Exhibit B also includes a table of the construction elements of each of the Rock Crib, the Parking Lot and the Trail. N. The proposed design and operation of the Rock Crib requires reconfiguration of the existing parking area in the Park for purposes of construction the Parking Lot, and BCWD has agreed to be responsible for the additional construction costs incurred as a result of the reconfiguration of the Parking Lot (the Additional Parking Lot). The portion of the Parking Lot that is the Additional Parking Lot area is shown and the cost elements are delineated in the table in Exhibit B. O. The Parking Lot can be constructed entirely on Park property while the Trail Access necessarily would be constructed on DNR property and will be constructed only if the required approvals from DNR are obtained. City of Stillwater - 2 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project P. The City and BCWD wish to realize the efficiencies and cost -savings to be gained by integrating the plans and specifications for the Parking Lot and the Trail Access into the Rock Crib plan and specifications, then issuing a request for bids for the Rock Crib that includes the plans and specifications for the Parking Lot and Trail Access as a bid alternate to allow the City to determine whether to request that BCWD contract for construction of the Park Parking Upgrade and/or Trail Access as part of construction of the Project. Agreement NOW, THEREFORE, IT IS AGREED by and between Stillwater and BCWD that they enter into this agreement to document their understanding as to the scope of the Rock Crib, Parking Lot and Trail Access projects, affirm their commitments as to responsibility for tasks to be undertaken, grant and assign the necessary land -use rights, establish procedures for performing these tasks and fulfilling responsibilities, and facilitate communication and cooperation to ensure successful completion of the Parking Lot, the Trail Access and the Rock Crib to improve Brown's Creek. 1. CONDUCT OF THE WORK A. Plans and Specifications. BCWD, at its sole expense, will prepare plans and specifications for the Rock Crib, Parking Lot and Trail Access, and submit 90 percent - complete plans and specifications to Stillwater for review and approval in accordance with subsection 1B of this agreement. The plans and specifications for the Rock Crib will include the design drawings necessary for Stillwater to incorporate the stormwater- conveyance infrastructure needed for the efficient and effective operation of the Rock Crib into the plans and specifications for the Neal Avenue Improvements. The plans and specifications for the Rock Crib will provide for the operation and maintenance of the Rock Crib, when constructed, in a manner compatible with the continued use of the Park for its intended purposes. The plans and specifications prepared in accordance with the paragraph will encompass, at a minimum: i. For the Rock Crib - excavation, grading and filling; alteration of topography, vegetation, hydrology and stormwater treatment systems; construction of a rock crib in the Park, a bioswale and associated stormwater-treatment structure. ii. For the Parking Lot - excavation, grading, gravel base, curb & gutter and paving. iii. For the Trail Access - excavation, grading, gravel base and paving; removal of the gravel south of the Parking Lot and replacement with topsoil and vegetative restoration. City of Stillwater - 3 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project B. BCWD Submission and Stillwater Approval of Plans and Specifications. i Within 10 days of the complete execution of this agreement, BCWD will submit 90 percent complete plans and specifications to Stillwater for review, comment and approval. Plans and specifications submitted will encompass the Rock Crib, the Parking Lot and Trail Access. u Stillwater will have 10 days from receipt to review, comment and approve the plans and specifications for the Rock Crib. Stillwater's right to review and approve plans and specifications will be reasonably exercised,; if Stillwater neither approves nor disapproves in the designated timeframe, the plans and specifications will be deemed approved by the parties. iii . In commenting on the plans and specifications, Stillwater will in particular address sequencing of and integration of the Rock Crib with the Neal Avenue Improvements, including feasibility of design and construction of stormwater-conveyance infrastructure in the Neal Avenue Improvements to convey stormwater to the Rock Crib at rates and in volumes necessary for the Rock Crib to function as designed. If Stillwater disapproves the plans and specifications for the Rock Crib, this agreement will be rescinded and annulled and all obligations herein, performed or not, will be voided. iv Stillwater will have 10 days from receipt to review, comment on and approve the plans and specifications for the Parking Lot and Trail Access. Stillwater's right to approve will be reasonably exercised; if Stillwater neither approves nor disapproves in the designated timeframe, the plans and specifications will be deemed approved by the parties. a. If Stillwater approves the plans and specifications for the Parking Lot and Trail Access, BCWD will proceed in accordance with subsection 1C of this agreement. b. If Stillwater disapproves the plans and specifications for the Parking Lot and Trail Access, BCWD will proceed in accordance with subsection 1D of this agreement and Stillwater will be responsible for contracting for completion of designs and specifications for and construction of the Parking Lot and Trail Access. C. Contract for BCWD Construction With the Parking Lot and Trail Access. If the plans and specifications for the Parking Lot and Trail Access are approved in accordance with paragraph 1B.iii herein, BCWD will timely prepare or have prepared on its behalf construction bidding documents for the Rock Crib and Parking Lot and Trail Access. (If rights necessary for construction of the Trail Access are not secured, the operation of this paragraph will be limited to provide for construction of the Parking Lot). The construction bidding documents will include the plans and specifications along with bid -form items for construction of the Parking Lot and Trail Access as bid - alternate items. BCWD will solicit bids in accordance with applicable state and federal City of Stillwater - 4 May 9, 2016 Browns Creek Watershed District Brown's Creek Park Stormwater Project law, and provide ranked bids from responsible and responsive bidders to Stillwater. BCWD will rank bids according to cost of construction of the Rock Crib, without regard to the bid -alternate cost of the Parking Lot and/or Trail Access. Stillwater will elect within 10 days of receipt of the bid data to direct that BCWD contract for the construction of the Parking Lot and Trail Access along with the Rock Crib. D. Contract for BCWD Construction Without the Parking Lot and Trail Access. If the plans and specifications for the Parking Lot and Trail Access are disapproved pursuant to paragraph 1B.iii herein, BCWD will prepare or have prepared on its behalf construction bidding documents for the Rock Crib and will ensure that such documents provide for the coordination of construction of the Rock Crib with the construction of the Neal Avenue Improvements and Parking Lot and Trail Access. E. Construction by BCWD. BCWD will contract, in accordance with applicable law, for the construction of the Rock Crib and, if directed by Stillwater in accordance with paragraph 1C of this agreement, the Parking Lot and Trail Access. i. The contract for construction will: a. Require the contractor to indemnify, defend and hold harmless Stillwater, its officers, council members, employees and agents from any and all actions, costs, damages and liabilities of any nature arising from the contractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by the contractor to BCWD; b. Require that for any claim subject to indemnification by an employee of selected contractor or a subcontractor, the indemnification obligation is not limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability acts or other employee benefit acts. BCWD further will require that the contractor for the Rock Crib name Stillwater as an additional insured for general liability and provide a certificate showing same prior to construction; c. Extend the contractor's warranties under the agreement to Stillwater. ii. BCWD, or the BCWD Engineer on BCWD's behalf, will oversee the construction of the Rock Crib. BCWD may adjust the plans and specifications for the work during construction, as long as the revised plans do not require BCWD to exceed the scope of the rights granted under this agreement and such changes are made in coordination with Stillwater such as to ensure compatibility of the Rock Crib, Parking Lot and the Neal Avenue Improvements; City of Stillwater - 5 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project iii. Within 90 days of certification of substantial completion or termination of this agreement, BCWD will ensure that the Rock Crib site is restored to a condition consistent with the use of the Park for its intended purposes. F. Contingency for Construction by Stillwater. i. Stillwater will contract for and exercise all reasonable efforts to ensure that the Neal Avenue Improvements are completed in a manner that materially implements the stormwater-conveyance infrastructure specifications provided by BCWD in accordance with paragraph 1A herein by December 1, 2018. ii. If Stillwater either disapproves the plans and specifications for the Parking Lot and Trail Access in accordance with paragraph 1B.iii herein, or elects not to direct that BCWD to construct the Parking Lot and Trail Access in accordance with paragraph 1C herein, Stillwater will submit final plans and specifications for the Parking Lot and Trail Access to BCWD for review, comment and approval. BCWD will have 10 days from receipt to review, comment and approve the plans and specifications for the Parking Lot and Trail Access. BCWD's right to review and approve plans and specifications will be reasonably exercised; if BCWD neither approves nor disapproves in the designated timeframe, the plans and specifications will be deemed approved by the parties. Stillwater will contract for and exercise all reasonable efforts to ensure that the Parking Lot and Trail Access are substantially complete in accordance with the plans and specifications approved by BCWD by December 1, 2018. The contract for construction of the Parking Lot and Trail Access will: a. Require the contractor to indemnify, defend and hold harmless BCWD, its officers, council members, employees and agents and the BCWD Engineer from any and all actions, costs, damages and liabilities of any nature arising from the contractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty, or a subcontractor's negligent or otherwise wrongful act or omission, or breach of a specific contractual duty owed by the contractor to Stillwater; b. Require that for any claim subject to indemnification by an employee of selected contractor or a subcontractor, the indemnification obligation is not limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the contractor or a subcontractor under workers' compensation acts, disability acts or other employee benefit acts. Stillwater further will require that the contractor name BCWD as an additional insured for general liability and provide a certificate showing same prior to construction. City of Stillwater - 6 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project iii. Stillwater will not be liable for failure to complete the Neal Avenue Improvements or the Parking Lot and Trail Access, if the failure results from an Act of God (including fire, flood, earthquake, storm, hurricane, other natural disaster or other weather conditions that make it infeasible or materially more costly to perform the specified work), embargo, labor dispute, strike, lockout or interruption or failure of public utility service. In asserting force majeure, Stillwater must demonstrate that it took reasonable steps to minimize delay and damage caused by foreseeable events, that it substantially fulfilled all non -excused obligations, and that it timely notified BCWD of the likelihood or actual occurrence of the force majeure event. Delay will be excused only for the duration of the force majeure. 2. STILLWATER'S FURTHER RIGHTS AND COMMITMENTS AND GRANT TO BCWD OF ACCESS, CONSTRUCTION AND MAINTENANCE RIGHTS A. Grant of Land -Use Rights. For all of the Rock Crib purposes listed in paragraph 2B below and for the Rock Crib generally, Stillwater hereby grants to BCWD, its contractors, agents and assigns all necessary rights to access and use the access, construction and maintenance areas of the Park, as in Exhibit C to complete and maintain the Rock Crib. The rights granted herein will be perpetual, and the agreement may not be amended to vacate BCWD's access and use rights for 25 years from the date construction of the Rock Crib is certified as substantially complete for the intended purposes. Stillwater's authorization hereunder is nonexclusive, except that BCWD, on reasonable notice to and in collaboration with Stillwater, may temporarily restrict or preclude public access to the access, construction and maintenance areas of the Park to ensure safety while construction or maintenance activities are under way. Stillwater will forbear from any activity that interferes with the BCWD's ability to exercise its rights or meet its obligations under this agreement. B. Notwithstanding the specific coordination with BCWD for purposes of the Rock Crib provided for herein, Stillwater retains all authority over and responsibility for the design, construction, regulatory compliance (including compliance with BCWD regulatory requirements) and operation and maintenance of the Neal Avenue Improvements, and will retain ownership of all components constructed or installed as part of the Neal Avenue Improvements. C. Permitting. Stillwater, as owner of the Park, will cooperate with BCWD and its contractor(s) to obtain permits and approvals needed for the Rock Crib and will serve as a co -applicant for permits and approvals, including DNR approval to utilize the Trail property for construction and maintenance of the Trail Access. Stillwater, in its regulatory capacity, will facilitate the proper and efficient processing of any permits and approvals needed for the Rock Crib. City of Stillwater - 7 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project D. Construction Oversight. Stillwater will receive from BCWD notice of and may attend and participate in pre -construction and construction meetings for all work contracted for in accordance with the agreement by BCWD. Stillwater may observe construction of the Rock Crib and, if constructed under contract to BCWD, the Parking Lot and Trail Access. Stillwater may not direct the Rock Crib contractor or, if contracted by BCWD, the Parking Lot and Trail Access contractor. However, the parties will schedule and conduct onsite assessments of work on the Parking Lot and Trail Access, and the engineer overseeing the work will give all due reasonable consideration to issuance of such change orders, work directives or field orders as necessary and appropriate to adjust the work as requested by the other party's representative. E. Rock Crib Ownership; Maintenance of Park Parking and Trail Access. On substantial completion of construction of the Rock Crib, Parking Lot and Trail Access, Stillwater will retain ownership of the Park and all constructed elements of the Rock Crib. As between the parties to this agreement, on completion of construction Stillwater will retain ownership and all responsibility for maintenance and upkeep of the Parking Lot and Trail Access. F. Communications and Outreach. Stillwater will cooperate with BCWD in all communications and outreach regarding the Rock Crib and will provide appropriate space for signage in the Park regarding the Rock Crib installed pursuant to section 4 of this agreement. 3. BCWD's FURTHER RIGHTS AND COMMITMENTS A. BCWD Permitting. As between the parties, BCWD will obtain all necessary permits, licenses and approvals for the Rock Crib, and will ensure that the Rock Crib is completed in accordance with applicable law and regulatory standards and criteria. As between the parties, if BCWD constructs the Parking Lot and Trail Access in accordance with paragraph 1C herein, BCWD will obtain all necessary permits, licenses and approvals for the Parking Lot and Trail Access, including the necessary permissions and approvals from the DNR, and will ensure that the Parking Lot and Trail Access is completed in accordance with applicable law and regulatory standards and criteria. B. Maintenance of the Rock Crib. On certification of substantial completion of the Rock Crib for its intended purposes and for a minimum of 25 years thereafter, BCWD will operate and maintain the Rock Crib, contingent on Stillwater's facilitating reasonable access for such purposes as provided herein and in coordination with Stillwater's maintenance of the Park. C. Cancellation. Until issuance of a notice to proceed to a contractor for construction of the Rock Crib, if BCWD, in its judgment, should decide that the Rock Crib is infeasible, BCWD, at its option, may declare the agreement rescinded and annulled, and will immediately notify Stillwater in writing. If BCWD so declares, all obligations herein, performed or not, will be voided; BCWD will return the Park City of Stillwater - 8 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project materially to its prior condition or to a condition agreed on by Stillwater and BCWD to the extent the Park has been physically disturbed by BCWD, its contractor, agents or assigns. 4. COSTS A. BCWD Costs. BCWD will be responsible for all costs of design, construction oversight, construction and maintenance and operation of the Rock Crib, including the costs of preparation of the data and specifications necessary for Stillwater's incorporation of stormwater-conveyance infrastructure into the Neal Avenue Improvements and the Parking Lot as described herein, as well as and the costs of the production of publicity, education and outreach materials related to the Rock Crib and signage installed in accordance with section 5 of this agreement. BCWD will be responsible for the costs and fees associated with complying with regulatory requirements applicable to the Rock Crib, except that Stillwater will assess no fee to BCWD for Stillwater permits required for the Rock Crib, if any. In the event Stillwater contracts for the construction of the Parking Lot and Trail Access in accordance with paragraphs 1D and 1F herein, BCWD will reimburse Stillwater for the costs of construction of the Additional Parking Lot as shown and delineated in Exhibit B within 45 days of Stillwater submission of documentation of the costs of completed construction. BCWD will be responsible for the costs of maintenance of the Rock Crib. B. Stillwater Costs. Stillwater will be responsible for all costs of design, construction, construction oversight and maintenance and operation of the Neal Avenue Improvements, except for the costs of the development of the plans and specifications for stormwater-conveyance infrastructure as provided in paragraph 1C herein. Stillwater will be responsible for all costs of construction, maintenance and operation of the Trail Access and Parking Lot, except construction of the Additional Park Parking. In the event Stillwater directs that BCWD contract for the construction of the Parking Lot and Trail Access in accordance with paragraph 1C herein, Stillwater will reimburse BCWD for the costs of construction of the Parking Lot and Trail Access, up to but not to exceed 110 percent of the final contract price for the Parking Lot and Trail Access, less the actual cost of construction of the Additional Parking Lot. Stillwater will reimburse BCWD within 45 days of BCWD submission of documentation of the costs of completed construction. C. Administrative Costs. Each of the parties will bear its own administrative costs of fulfilling its responsibilities and obligations under this agreement and, in the event of cancellation, the parties will bear all costs incurred prior to BCWD's issuance of notice to Stillwater in accordance with paragraph 3B and subsection 9 herein. 5. PUBLICITY AND ENDORSEMENT. BCWD and Stillwater will collaborate on the development of educational and informational signage pertinent to the Rock Crib, and BCWD, at its cost, may develop, produce and distribute educational, outreach and publicity materials related to the Rock Crib, and may install, maintain, replace or City of Stillwater - 9 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project remove signage in the Park related to the Rock Crib, subject to Stillwater's approval. All such signage and materials related to the Rock Crib, whether produced by BCWD or Stillwater, will include acknowledgement of the Clean Water Legacy funding provided for the Rock Crib in accordance with Laws of Minnesota 2010, Chapter 361, Article 3, Section 5(b) and the sponsorship of the Board of Water and Soil Resources. For purposes of this paragraph, "publicity" includes notices, informational printed materials, press releases, research reports, signs and other public notices prepared by or on behalf of BCWD. 6. INDEPENDENT RELATIONSHIP; LIABILITY. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59. Each party agrees that it will be responsible only for its own acts and the results thereof to the extent authorized by the law and will not be responsible for the acts or omissions of the other party or the results thereof. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. Only contract remedies are available for a breach of this agreement. Neither party will be liable for special, indirect, incidental, punitive, exemplary or unforeseeable consequential damages arising out of or in connection with its respective obligations under this agreement. Specific performance and quantum meruit explicitly are available remedies for the failure of a party to perform any obligation hereunder and do not require a demonstration that other remedies are inadequate. Remedies are non- exclusive. Stillwater and BCWD enter this agreement solely for the purposes of construction and maintenance of the Rock Crib to improve water quality in Brown's Creek. BCWD does not have, has not had, and will not be deemed to have acquired by entry into or performance under this agreement, any form of interest or ownership in or to any portion of the Park. BCWD does not exercise, has not exercised, and will not by entry into or performance under this agreement be deemed to have exercised, any form of control over the use, operation or management of any portion of the Park prior to the commencement of construction of the Rock Crib, so as to render BCWD a potentially responsible party for any contamination under state or federal law. Nothing herein will be construed to constitute approval of any permit or other regulatory approval required by any party, nor does this agreement in anyway modify or delegate any party's regulatory authority 7. TERM AND TERMINATION. This agreement becomes effective when fully executed. The agreement will remain in force for 10 years, and will renew automatically for an additional five-year term and renew again every five years on the anniversary of the first renewal unless terminated by mutual agreement of the parties or otherwise in accordance with the terms of this agreement. Any responsibility or obligation that has come into being before expiration, specifically including obligations under paragraphs 1C and 2C.iv, and subsections 3 and 5 herein, will survive expiration. City of Stillwater - 10 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project 8. COMPLETE AGREEMENT. This agreement, as it may be amended in writing, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement or their successors in office. The recitals stated at the outset are incorporated into and made a part of the agreement. 8. DATA MANAGEMENT & PRACTICES. A. All designs, written materials, technical data, research or any other work -in - progress will be shared between the Parties on request, except as prohibited by law. As soon as is practicable, the party preparing plans, specifications, contractual documents, materials for public communication or education will provide them to the other party for recordkeeping and other necessary purposes. B. All data created, collected, received, maintained or disseminated for any purpose in the course of this agreement is governed by the Data Practices Act, Minnesota Statutes chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 9. NOTICE; COORDINATION. The parties designate the following authorized representatives, each to serve as the liaison to the other party for purposes of coordinating inspection, construction oversight and maintenance of the Rock Crib and coordination of the Rock Crib and Neal Avenue Improvements as provided in this agreement. Any written communication required under this agreement will be addressed to the other party as follows, except that either party may change its address for notice by so notifying the other party in writing: To Stillwater: Director Public Works/Engineering City of Stillwater Stillwater MN 55155-4025 To BCWD: Administrator Brown's Creek Watershed District 455 Hayward Ave N Oakdale, MN 55128 10. WAIVERS. The waiver by Stillwater or BCWD of any breach or failure to comply with any provision of this agreement by the other party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, intending to be legally bound. (Signature blocks follow on next page.) City of Stillwater - 11 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project BROWN'S CREEK WATERSHED DISTRICT By Craig Leiser Its President Dated: CITY OF STILLWATER A home rule charter city By Its Mayor Dated: APPROVED AS TO FORM AND EXECUTION BCWD Counsel APPROVED AS TO FORM AND EXECUTION City Attorney City of Stillwater - 12 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project Exhibit A Preliminary Site Plan and Design City of Stillwater - 13 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project ♦I --- /:( e /` _0"." - // •�\ 100 YEAR ri/�,.— — • • rM _ ! 411 11 h614 ,-1 OE:867.41 t-. 1 — 1 // / SBS r' / r• r / / S y>� / l a ° 1. .. / SIGN 1..' • ;. 014 — — J • \ . , SRN' • 42 652 i4. rat Itri -5 0-6 EX-SSMH2 RE:873.09 1E850.09 I. 111 0E867.48 ir4.1' ti SCALE IN FEET 20 40 5,• arr 1d a 0U91/I881011 DAM 1w+.m15 � g IEER O----- . on. ✓, Inc. oore..er 051 H.I. Avenue 601111 ' 4 ! 0.64.1.. MN 55128 .; o f ' 1 1 T.1.: 051.770.0448 •,mn,unity www.•erinc.com L+M'LSV 3 CITS is WATERSHED DISTRICT 455 HAYWARD AVE N • -1_,L+ MN 55128 BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN EXISTING CONDITIONS PLAN SHEET 3.1 OF XX SHEETS i • 91 LF 8HX12W B CONC. © 0.1Y IE:857.93 OE:867.41 -%4,04 1 / /� �/ \ CONSTRUCTION LIMITS _ ,- i i -- / / 11 4. IAC/'/ / (2� —% / / 1 �50� /" / ///ice—==��\ \\ �,'%s/—s�--C,4,5 ' y IpR REE %; e/ //, _—�\\\\ •/ /i//�---L o j I I Ick0 l / \ - -----,,...5-- . \\` \ \ "ate_ __ _- -- J / , / / 1< 's ^ / __ -filar //� +l,, IE:857.52 OE:867.48 \ J / i I / 1/ /\ '� 'mow 1 't� _ _ _ •' _ — SBR7 ' 3,586 SO -FT / — PARKING LOT \ / / --- - REMOVAL \'2 ' i i i J 1 ice/ /\ \\ �/ ./—' r� //\�`KN. �\ii—ice•. b//- / �tOr , _ ---_,4565-; �/ 1 ' // /—' --- a / 011 / 'CONSTRUCTION LIMITS • / / / / 1 �a 1 / r 14 ere SB _ =11 Iv SIJ *���11�11=11=�11"P��1=; . . ' i'�I-�I��Ill�lhll-ll-'1�-II�II�II� 1_='ll#ll=4llIl-Ih�1�11-11�11� .'�P�11 "I All I1�11�11„ii.. :—�. 11=11-.11, _, f -r7-; ���il�1.—:�1=11'-',II—I.70.'7 / 11 411 11'*11:41— w.i�r — 1 , 4_ ----__,-. TREE TO BE REMOVED 1 1 ° _ _ ` \ AND REPLACED OR I ---_\"/° —� i/\`_ RELOCATED 1� %�' - / Q S; REMOVAL OF EXISTING GRAVEL PARKING ----.— _SIG} 01 — J [5,832 SO -FT X 24” SUBGRADE CORRECTION — py GRADING & SOIL AMENDMENT IN FUTURE PARKING AREA /•0 �..... -.—\ \\\ �(/ I/ 1,8„\\ - s: 1N'it 201,B41* 2019-0,09 DML PRELIMINARY PLANREVISION1 PRELIMINARY PLAN NO DATE BY REVISION I HEREBY CERTIFY THAT THIS PUN. SPECT WAS PR BY Yy DI THAT M A DULY CENSEO PROF�E�ry THE LAWS OF THE STATE OF MINNESOTA. 5E8E711 t N. ORREPORT ENO NEER UNDER DATE %%%% LICENSE* 4515E ds 4mSION nn xm-mts OEi BY DRAWN BY EOR PROJECT NO. 00011-0X2 KRR000ue l Oli Ren,ss. ee, Inc.ne 661 11.1. Avenue North Oe UM., MN 55126 .... •� t r1 •I Y Tele: 551.770.5446 BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 L FES / 18:870.11 SCALE IN FEET BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN m 10 REMOVALS PLAN STATE PROJECT NO 1CIT11 PROJECT NO. SHEET 3.2 OF XX SHEETS • '(PR��E T- /,�./ \BV ,s G, • a ' '1 — PRELIMINARY WETLAND DELINEATION LIMITS (TYP ) • • I PROPOSED WATER QUALITY PRE-TREATMENT TANK 91 LF 8HX12W CONC. (18 0.1 -a I 1 IE:857.93� I 1 OE:867.41 \� PROPOSED STORM SEWER OUTLET PROPOSED ROCK CRIB LIMITS (TYP.) ROPOSED MANHOLE STRUCTURES AND STORM SEWER PIPE (TYP.) I 1 IE 857.52 j OE 867.48 PROPOSED BIOSWALE RELOCATED STORAGE CONTAINER PROPOSED ROAD RECONSTRUCTION BY OTHERS PROPOSED PAVED PARKING LOT WITH CURB AND GUTTER (TYP.) EXISTING GRAVEL PARKING LOT (TYP.) PROJECT LOCATION LIMITS (TYP.) IDNR TRAIL RIGHT-OF-WAY (TYP.)I CURRENT STORAGE CONTAINER LOCATION EXISTING TRAIL KIOSK STRUCTURE 18:870.11 a 2016-0419 ORL PRELIMINARY PUN • RE ON OM PRELI NARY PUN 12-21 FAL OPTION 3 FOR CITY PARR BOARD REVIEW CATE BY REVIWON ICITY TRAIL CENTERLINE (TYP.)V — — — I HEREBY CERTIFY THAT THIS PIAN, SPECIFI OR REPORT WAS PREPARED BY ME OR UNDER MY DI 6 PERVISION AND THAT ITHE LAWS OF AM A DULY LIC.STATE OF PROF ENGMEER UNDER ER GQ M AAUSHa,9' � TE 3PS ucENBEA 45155 SUBMISSION DATE 12-01.2015 DESIGN B DAL DRAB B OR PROJECT . 00111-0252 IER Emmons 8 Oli nc. R..oMFe..,lnc. 551 Hale Avenue North ° O.t4.le, MN 55128 +-- u`d .' Tel.: 851.775.8445 www.e OFIne.eom DNR TRAIL CENTERLINE (TYP.).1 BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 h SCALE N FEET SITE PLAN BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN ATE PROJECT IIO — ICITY PROJECT SHEET 4 OF XX SHEETS GR0Ex� PR R�0 S �'�' / r / ,'' x i J / ,' 1 /1 \\ /- 1365- -'\)_\;'': _ 1;;05\ -'.4. \\ X8s / \ \ ,>. ,, i .„, , d,.M � // / X-512.10.`--- s 2 1>8M uj- / 6 — / G$, osr/ 8 5,-- J--'; /'--' ,p /peg _ 1 _ -v , �//ice---C ga 55--r _— — ,/// — — — — 0`I \ \\/i / •/i/ ////�� .. V / —_i // // fei t /- J/ / / -// X„Q.' •i�//FR/w� // / / /t 075'50 7 / 1 / X... %// / SB // Y' ///�`/Txn Oul \x. X_:./ _ %\ - V r IHEREBY CERTIFY THAT THIS PLAN PECIPIMIWN OR REPORT . PREPARED BY ME OR MY DI 1WPERVISION AND THTLAWS OF O ESTATE MII AM A DULY LICENSED H ENGINEER UNDER E 2016.04-04 DATE BY PRELIMINARY PLA REVISION DEA ekxx:x c5c ins � � N 1 irz•�— �. / ma 11 onur SIGN 14144. ��h — _ — i -10RllyvHof SIG SUBMISSI O1 DAT -0 LICENSE N 45156 BION By DRAWN By DRL GAL EOR PROJECT NO 00041 -OM _---J ___� - 0 \ \ \ N. 4 ,8js, -mac l- in EmmonNaeo"sca Olivier vier 651 Hale Avenue North Oakdale, MN 55128 Tele: 551.770.8448 ..eorInc.com BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 X”' X." X BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN STATE PROJECT NO ICTv PROJECT NO GRADING PLAN SHEET 5 OF XX SHEETS 1' ®`�� P I J P G�e/�. /, `,/ \ / °' STMHH � / Awa '.` °° GATE VALVI ' / / o w+lo IROCK CRIB `H,,b/° • _1410 i I h SCALE IN FEET 20 E0 DRL PRELIMINARY PLAN REVISION 201.3-08 PRELIMINARY PLAN 2015-12 21 ORL OPTION 2 FOR CITY PARK BOARD REVIEW NO DATE BY REVISION RPRE AREDFBYTME ORIINDERN SPECT A ME k cENSED PROE THE SAWS OF THE STATE OF M O (-)C 1•C' DATE" XX XX. Q F LICENSE a 66156 AWU 1MEA R REPoRT iLENGINEER uNDE BUBMISSON DATE DESIGN BY DRAM BY 462 NO 066 Emmons 8 011 Inc.BZIR Raaocrcea, nc. 651 Hale Avenue North ...ale, MN 5512B wwlw eolT r noc .orn BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN DRAINAGE OVERVIEW PLAN TATE PROJECT NO. (CITY PROJECT NO. -- SHEET 6.1 OF XX SHEETS 2016-04 ORL PREU !NARY PL REv PREL M NAR. PLAN 2015-12-21 OPTION 2 EOR CITY PARK BOMORE NO DA BY REVISION _.10J0. ROCK CRIB 3' TOP OF GRAVEL:(150'x806x8.674') BOTTOM OF GRAVEL 864.67 PIPE IN 1E:866.67 (12") PIPE OUT IE:B66.67 (12") PIPE OUT IE:864.87 (8") 26 LF 8" PERF HDPE CO 0.50% IE'. 864,557 26LF12"PERFHDPE @000% IE:866,67 \ STMH H RE-. B71. 50 IE.868. 80 (SE) IE:866.46 (W-12") IE 864.64 (W-8") IE 863.64 (N) GATE VALVE COVER RE 872.00 IE'. 864.69 42 LF 12" HDPE @ 0 50% • • FES I W/15 CY CLIII RIPRAP & GEOTEXTILE IE:.863. 30 \ 146 LF 8" PVC C-900 @ 0 50% • 26 LF 12" PERF HDPE @ 0 00% •••K- IE:866.67 �• . •-•-/ •/WIDE `ka fro.•• �. 26 LF B" PERF HDPE @ 0.50% IE 864.55' RCP @0.50% 24 LF 21 @0.50% CB C RE 872.00 IE 868.50 10 LF 12"HDPE @0.50% CB A RE:872.00 1E868 50 10 LF 12" RCP @1.00% 73 LF 6" PERF HOPE @0.50% 21 LF 6" PERF HDPE 0 50% 60"X20' WO TANK RE -872.70 IE:867.65 (E) IE: 867.45 (W) BOT:863.89 CBMH B RE:872.00 IE 868.40 (N) IE: B6B.30 )W) CBMH F RE 872.70 866.82(E) 866.72 (N) 42 LF 12" RCP @ 0 50% 10 LF 12"RCP @1.00% 34 LF 12" HDPE @ 0.50 % HEREBY 5PREPAERE BYTHAT EOR UNDER Mr DI OR REPORT AND T I AM A DULY LICENSED PROF NEER UNDER HELAWS OF THE STATE OF MINI L CP c• bE°E xx SH •:\ LICENSE e 45156 SUBMISSION DATE 12-01-2015 DESIGN By DRAWNB ORL DRL EOR PROJECT NO 00341-0262 126 LF 12" HDPE @ 0 50% EnoEnle Olivier Ra aurae Inc. 651 Hale Avenue 60115 Oakdale. MN 55128 7010. 651 7.eorl^ 0.8 446 SIGN CBMH E RE 872.70 IE -1368 927 (NW) IE.867. 92 (E) IE. 867.82 (W) CBMH D RE 872.00 IE'.868.40 (N) IE.868.09 (E) IE 867.997 (W) 14 LF 12"RCP @0.50% SCfLE IN FEET BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 BRON'S CREEK PARK STWORMWATER PROJECT STILLWATER, MN DRAINAGE PLAN TATE PROJECT NO CITY PROJECT SHEET 6.2 OF XX SHEETS ..�„� . .. ver lat� • I atw • 604 I Z30 61 .m4 - 1s .13611;4 0 III. ✓N SUE•10001 DATE: 12.4200 44 .ar 6011P CT.. cainyr 666$1 .y@ • ..4mv40310 34,001 sl (0.78 ac) 10 570 sf imp 23,431 s4 per., Emmons & Olivler R esourcea, Inc. 651 Hale Avenue North Oakdale, MN 55126 Tele: 651.770.8446 ar.v.eorinc.com 5.340 sf Imp 12,208 sf imp BROWN'S CREEK WATERSHED DISTRICT 1360 W FRONTAGE RD HM 36 STILLWATER. MN 55082 2.4 11,317 sf i.p •1 13.453 sl Imp 13.797 sf pery 45,689 sf (1.05 rte) 29.195 sf imp 16,504 sl pen 2.2 1,787 sl imp 374 sf imp 2.1 2.63e anm° SCALE IN FEET 724 el imp BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN 0 30 50 DRAIIOAGE AREA MAP 120 SHEET 01 OF 01 SHEETS Exhibit B Rock Crib, Parking Lot, Addition Park Parking and Trail Access Areas City of Stillwater - 14 May 9, 2016 Brown's Creek Watershed District Brown's Creek Park Stormwater Project LEGEND — PROPERTY BOUNDARY EXISTING CREEK EXISTING TREELINE 0000 00000000 00000°0° EXISTING NEAL AVENUE AND DNR TRAIL ROCK CRIB AREA 42 *•T•T•••; •• • • • ••• • • • • • • eforwirivigii fIviSesIsItio ■ TOPSOIL AND VEGETATION RESTORATION AREA (FINANCIAL RESPONSIBILITY/ OF CITY) ADDITIONAL PARKING LOT PROPERTY BOUNDARY (TYP.) ADDITIONAL PARKING LOT - ADDITIONAL PAVEMENT AND CURB & GUTTER (FINANCIAL RESPONSIBILITY OF DISTRICT) PARKING LOT - GRAVEL BASE CORRECTION, PAVEMENT AND CURB & GUTTER (FINANCIAL RESPONSIBILITY OF CITY) TRAIL ACCESS (FINANCIAL RESPONSIBILITY OF CITY) PARKING LOT SOIL CORRECTION 1 - SUBGRADE CORRECTION AND ADDITION OF GRAVEL BASE (FINANCIAL RESPONSIBILITY OF DISTRICT) �O ROCK CRIB AREA SOIL PARKING LOT PARKING LOT iirmom omit am MPS ism RNA NO t♦ SOO TO. SCALE IN FEET 30 60 1 120 TOPSOIL AND VEGETATION RESTORATION AREA BASE BID CONSTRUCTION SCOPE ABA DESCRPOON 1 OH UAT FENIINCIAL REMOJ8SITY Pmt 1 - 04nNRRl and Eloabn Centro! TRAIL ACCESS ITEM DESCRIPTION OIY UST FINANCIAL RE5IONSINUTY Pmt 4 - Parting Lot Corra0001* 1 '2EDNQRCONI*4.1D0. roe wow nem 2 I5 mune:iC06iIRCnON EXT we 0F 01STNCT 0NS11ICT Port 2 - Oradin0 COMM ENDAVA11041 CM91E 5RICRIGTEN 1132 CY DISTRICT 2 9mCILRaS 015 AC 01sRRCT 3 • AGGREGATE SASE. CARS 4 AD m1NL•11 (CVT CONN BOR ROIT(CV) 210 CY 014TIOCT 1.14 CT SAINYSIEN(EV) m CY OISTm0T 0294O44 EXCAVATION/ OFFSITETIUC UND(EN OTO Cr NATER TOPSOIL BORROW, SPECIAL ENSAEERED MIX (CV) 111 CY DISSECT DISTEC? Part 3 - 0lainag. 1 SNOPS PPESEWfl 1W LF OIRNCT 2 SNOPE PIPE SEWER 52 IP DISTRCT 3 12 NOPE PIPE SEWER 242 IF DISTNCT 4 2I1 RCP PIPE SEWER 135 IS DISTINCT 5 PRECASTCONCRETE ANNWYE 1W/FRAME 6CASTING) S EA DISTINCT 6 WATER MALMO TANK (PNNSCOSWO ESO) 1 EA DISTINCT 7 NPRAP, CLASS 13 C 6ISIIICT 1 R EP0M UNER.NSAIL 1010 SY DISSECT WA$ID A03EGA1E- 2119 4- D. SPONE.(P) 030 TON DISTINCT Part 5- RmMI22n memo, MOOT 611X20-131 (LOW IMWrRY1NCE NMI OAS AC DISTRICT ROLLED ERoOKN CONTROL PROC CT DBIIECT 3 DECIDUOUS TREE 2.S CAUPER 4 EA ADD ALTERNATE 1 CONSTRUCTION SCOPE Parking Lot Paving 1 5ITSUiFACNG. 3.0111 (PARKING LOO am 03 CRY 2 err SURFACING, 301N. (AODIDMAL PARKINS L01) 305 SY DISIRICT 3 COCRETECOG. 9512 (PARKING LOT) CO LF CRY 4 CONCRETE CSG. 8E12(A001T10N•\L PARP3N0 LCn 210 LF DISTRICT 5 1 OT sARFACSIG. 3015. (TRAIL ACCESS) 39 SY CITY 405ANMENT- TOPSOIL 6*07 TIC(MAIL ACCESS) 00 CY CRY 7 SEEDING. TMDOT TAX 23131- VEORESTC0TWLACGESS) 010 AC CRY SUBMISSION DATE. 05-12-2016 DESIGN BY ORAWN BY DRL DRL EOR PROJECT NO. 00041-0262 a R Emmons & Olivier Resources, &OliII ie. 651 Hale Avenue North w a ter Oakdale, MN 55128 )* D I o o Y Tele: 651.770.8448 CO:T.mUni'.y www.eorinc.com BROWN'S CREEK WATERSHED DISTRICT 455 HAYWARD AVE N OAKDALE, MN 55128 BROWN'S CREEK PARK STORMWATER PROJECT STILLWATER, MN EXHIBIT B SHEET 01 OF 01 SHEETS Sfi 1 Iwater " H E BIRTHPLACE OT MINNESOTA CITY COUNCIL DATE: May 12, 2016 CASE NO.: 2016-14 APPLICANT: Richard Gagne, The Ponds At Heifort Hills, LLC LAND OWNER: Kenneth & Geraldine Heifort REQUEST: 1) Rezoning from AP, Agricultural Preservation to RB, Two -Family Residential 2) Concept Planned Unit Development for 48 detached homes in two phases 3) Preliminary plat for The Ponds at Heifort Hills, 24 homes in Phase 1 LOCATION: 8753 & 8911 Neal Avenue PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre Heifort property. It is located at 8753 & 8911 Neal Avenue North. Since a majority of the property lies within the Natural Environment Shoreland District of South Twin Lake, the development project is designed as a two -phased Shoreland Planned Unit Development (PUD). The first phase is to develop the south half of the site with 24 detached townhomes. The second phase would create another 24 houses. The attached planning report gives a complete review of the project. SPECIFIC REQUEST The developer is requesting approval of: 1) First reading of an ordinance to rezone phase one's 15.2 acres from AP, Agricultural Preservation to RB, Two -Family Residential; and 2) Concept Shoreland PUD Permit approval for 25 acres encompassing both phases of development; and 3) Preliminary plat approval for The Ponds at Heifort Hills, which includes the 24 homes of the first phase. Ponds at Heifort Hills May 12, 2016 Page 2 RECOMMENDATIONS Planning Commission The Planning Commission recommends approval (6-1 vote) of the Concept PUD, rezoning and preliminary plat for phase one, with the conditions found in the Planning Report. Park Commission Since additional wetlands were discovered on the property, and re -design became necessary, the project was not ready for review by the Park Commission at their April 25th meeting. It is scheduled for review on May 23rd. So, if the City Council takes action on May 17th, it should be contingent upon Commission approval of the plan. A condition to this effect has been added to Alternative A below. City staff Subsequent to the Planning Commission public hearing and recommendation, additional wetlands were discovered on the property and can be seen in Map A attached to this memo. Consequently, minor changes to the proposal have been made and are seen in Map B. These changes are: 1. The northern cul-de-sac was moved five feet to the south. 2. One driveway serving the north cluster of six houses has been eliminated by recombining drives. 3. The private road serving the north cluster of six homes has been realigned to avoid all but a 388 square foot impact1 on the recently discovered wetland. 4. The north cluster of homes have been re -arranged. Community Development and Public Works staff recommend approval of the requests, but in order to address these minor changes, as well as several other items, we recommend adding the following six conditions: 1. The developer must submit the wetland impact plan to the Washington County Conservation District for comments. The developer will need to include these comments with the final plat application materials. 2. Any buffer area around the northwesterly wetland that is graded within 25 feet of its delineated edge must be mitigated by protecting additional ungraded contiguous buffer in a one to one ratio. 3. Outlot A, which includes the northwesterly wetland, should be expanded to include the recently discovered wetland area. 4. The location of the utility connections in Neal Avenue that are intended for future development on the west side of the street must be located placed at the direction of the City Engineer. These approved locations are to be included in the materials submitted with the final plat application for phase one. 5. The developer is to work with the Bruns Family, who live opposite the northern cul-de- sac access onto Neal Avenue, to effectively screen the headlights from vehicles that will be The Minnesota Wetland Conservation Act allows up to 400 square feet of the recently discovered wetland to be filled without the requirement for a wetland mitigation plan. Ponds at Heifort Hills May 12, 2016 Page 3 exiting from the new cul-de-sac. The screening plan will need to be submitted with the final plat application materials for Phase One. 6. If the Stillwater Park Commission does not find the proposal satisfactory, changes to the plans must be made to address the concerns and be included in the final plat application materials for Phase One. ALTERNATIVES A. Approval. If the City Council finds the project satisfactory, approve the first reading of the rezoning ordinance for Phase One, the preliminary plat for Phase One and the concept PUD for the entire project, all with the following conditions (which include those recommended by the Planning Commission and the six additional conditions added by staff): 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Concept Plan D 5/11/16 • Northerly Concept Plan 2/19/16 • Existing Conditions 2/19/16 • Preliminary Plat 5/11/16 • Tree Preservation & Landscape Plan L1 3/18/16 • Tree Canopy Area Plan L2 3/18/16 • Heifort Hills Tree Survey 3/17/16 • Proposed Site Plan C1 5/11/16 • Grading & Erosion Control Plan C2 5/11/16 • Utility Plan C3 5/11/16 • Building Elevations - Streetscape 1.0 2/4/16 • Main & Lower Level Plans 2.0A 2/4/16 • Optional Floor Plan A, Garage Right 2.0B 2/4/16 • Floor Plan B 2.0C 2/4/16 • Optional Floor Plan B, Garage Right 2.0D 2/4/16 • Floor Plan C, Garage Left 2.0E 2/4/16 • Floor Plan CII, Garage Right 2.0F 2/4/16 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 3. The developer must submit the wetland impact plan to the Washington County Conservation District for comments. The developer will need to include these comments with the final plat application materials. 4. Any buffer area around the northwesterly wetland that is graded within 25 feet of its delineated edge must be mitigated by protecting additional ungraded contiguous buffer in a one to one ratio. 5. Outlot A, which includes the northwesterly wetland, should be expanded to include the recently discovered wetland area. 6. The location of the utility connections in Neal Avenue that are intended for future development on the west side of the street must be located placed at the direction of Ponds at Heifort Hills May 12, 2016 Page 4 the City Engineer. These approved locations are to be included in the materials submitted with the final plat application for Phase One. 7. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 8. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 9. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to City Council approval of the Final Plat for each phase. 10. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 8 above. 11. The name "Heifort Court" already exists in Stillwater, so an alternate name must be selected by the developer for this cul-de-sac. 12. One street light will be required for each of the two cul-de-sacs in this phase. These must be included on the final plat application materials. 13. No trees will be allowed within the right-of-way of the public streets. The only exception is that the trees shown within the grassy centers of the cul-de-sacs will be permitted as long as they are maintained by the Home Owners' Association. 14. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 15. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland/pond buffer limits. 16. The boundaries of the wetland/pond buffers must be signed according to Brown's Creek Watershed District rules. This signage must be shown on final plat application materials. 17. Since there are insufficient stormwater details provided for Phase Two of the PUD, an open space analysis could not be completed for that phase. Therefore, when the preliminary plat for Phase Two is submitted, it must document a minimum of 50% open space. 18. Details about impervious coverage for Phase Two will need to be submitted with the preliminary plat for that phase. No more than 25 % is permitted. 19. The final PUD plan for Phase Two may have to be revised to include access to the neighboring property. The decision to include the access or not will be based upon a public discussion including the two impacted properties, the developer and the City. 20. The rezoning will not be published, nor will it become effective until after the Final Plat is approved by the City and filed with Washington County for recording. 21. Prior to submitting the Final Plat application, the developer must work with the City to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail system connectivity goals for the segment. The developer's cost for constructing this trail will be credited against required park and trail dedication fees. 22. The developer is to work with the Bruns Family, who lives opposite the northern cul- de-sac access point onto Neal Avenue, to effectively screen the headlights from vehicles exiting this proposed cul-de-sac. The screening plan will need to be submitted with the final plat application materials for phase one. Ponds at Heifort Hills May 12, 2016 Page 5 23. If the Stillwater Park Commission does not find the proposal satisfactory, changes to the plans must be made to address the concerns and be included in the final plat application materials for Phase One. B. Table If the City Council finds that additional information or discussion is necessary, table the review. C. Denial If the City Council finds the concept PUD plan, rezoning or preliminary plat to be unsatisfactory, it could deny the requests. With a denial, the basis of the action should be given. Attachments: Map A: Additional wetlands Map B: Revised Site Plan Concept PUD Resolution Preliminary Plat Resolution Rezoning Ordinance Planning Report cc: Richard Gagne Tim Freeman Jennifer Sorensen, DNR Regional Hydrologist Ponds at Heifort Hills May 12, 2016 Page 6 Map A Ponds at Heifort Hills May 12, 2016 Page 7 Map B Revised Site Plan .`7 k., 1 !- —3 ! , • _ _ 1 I \ ' --11 --- ----- \' ;, \, 1..... = ..i. . . \ .71 tit- i—'1I1 _ I till '1 r --T PRELIMINARY PLAT SUBMITTAL t = = t il. ill 4 F.:1 109 A. xF, i'a . 1 £ , • -1 1 , I. k- S THE PONDS AT HEIFORT HILLS STILLWATER MINNESOTA — THE PONDS AT HEIFORT FI1LLS, LLC U.D. RICHARD GAGNE 11373 MF_AL AVENUE SOUTH I-WiTinea ilatillESOIA ason Larson — Engineering, Inc. ..'". --- ,,,,......1.2..... TH...9. 0, 06,1114n ............ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT FOR THE PONDS AT HEIFORT HILLS, A DETACHED TOWNHOME DEVLOPMENT LOCATED ON NEAL AVENUE NORTH CASE NO. 2016-14 WHEREAS, Richard Gagne, representing The Ponds at Heifort Hills, LLC has made application for approval of a Concept Shoreland Planned Unit Development (PUD) Permit to encompass approximately 25 acres located at 8753 & 8911 Neal Avenue, legally described as follows: See Exhibit A; and WHEREAS, on April 13, 2016 the Planning Commission held a public hearing on the case and on a 6 to 1 vote recommended approval of: a) the ordinance rezoning the property to be developed in Phase One of the project; and b) a Conceptual PUD permit for all 25 acres; and c) the Preliminary Plat for the 24 houses in Phase One of the project; and WHEREAS, on May 17, 2016 the City Council held a public hearing to consider the development proposal; and WHEREAS, the Planning Commission and City Council found the Concept PUD, and the Preliminary Plat for Phase One and the rezoning to be consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and the City's infrastructure can support the proposed development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested Concept Shoreland Planned Unit Development Permit with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Concept Plan D 5/11/16 • Northerly Concept Plan 2/19/16 Res No. 2016 - Page 2 of 4 • Existing Conditions 2/19/16 • Phase One Preliminary Plat 5/11/16 • Phase One Tree Preservation & Landscape Plan L1 3/18/16 • Phase One Site Plan C1 5/11/16 • Phase One Grading & Erosion Control Plan C2 5/11/16 • Phase One Utility Plan C3 5/11/16 • Building Elevations - Streetscape 1.0 2/4/16 • Main & Lower Level Plans 2.0A 2/4/16 • Optional Floor Plan A, Garage Right 2.0B 2/4/16 • Floor Plan B 2.0C 2/4/16 • Optional Floor Plan B, Garage Right 2.0D 2/4/16 • Floor Plan C, Garage Left 2.0E 2/4/16 • Floor Plan CII, Garage Right 2.0F 2/4/16 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of any Final Plats for filing with Washington County. 3. Any buffer area around the wetland abutting Neal Avenue that is graded within 25 feet of its delineated edge must be mitigated by protecting additional ungraded contiguous buffer in a one to one ratio. 4. The location of the utility connections in Neal Avenue that are intended for future development on the west side of the street must be located placed at the direction of the City Engineer. These approved locations are to be included in the materials submitted with the final plat application for phase one. 5. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 6. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 7. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to City Council approval of the Final Plat for each phase. 8. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 6 above. 9. One street light will be required for each cul-de-sac. These must be included on the final plat application materials for the respective phases. 10. No trees will be allowed within the right-of-way of the public streets. The only exception is that the trees shown within the grassy centers of the cul-de- sacs will be permitted as long as they are maintained by the Home Owners' Association. 11. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval for each phase. Res No. 2016 - Page 3 of 4 12. Review comments from the Brown's Creek Watershed District must be addressed in any Final Plat application materials. This includes review and approval of the location of the averaged wetland/pond buffer limits. 13. The boundaries of the wetland/pond buffers must be signed according to Brown's Creek Watershed District rules. This signage must be shown on final plat application materials. 14. Since there are insufficient stormwater details provided for Phase Two of the PUD, an open space analysis could not be completed for that phase. Therefore, when the preliminary plat for Phase Two is submitted, it must document a minimum of 50% open space. 15. Details about impervious coverage for Phase Two will need to be submitted with the preliminary plat for that phase. No more than 25% is permitted. 16. The final PUD plan for Phase Two may have to be revised to include access to the neighboring property. The decision to include the access or not will be based upon a public discussion including the two impacted properties, the developer and the City. 17. The rezoning for each phase of development will not be published, nor will it become effective until after the Final Plat for that phase is approved by the City and filed with Washington County for recording. 18. Prior to submitting any Final Plat applications, the developer must work with the City to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail system connectivity goals for the segment. The developer's cost for constructing this trail will be credited against required park and trail dedication fees. Enacted by the City Council of the City of Stillwater, Minnesota this 17TH day of May, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Res No. 2016- Page 4 of 4 Exhibit A ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY FIFTEEN ACRES TO RB, TWO-FAMILY RESIDENTIAL The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described in Exhibit A, is hereby amended to RB, Two -Family Residential. This proceeding is known as Case 2016-14. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for the subject property is approved by the City Council. effect. Section 4. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 17th of May, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Exhibit A Legal Description CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE PONDS AT HEIFORT HILLS, A DETACHED TOWNHOME DEVLOPMENT LOCATED ON NEAL AVENUE NORTH CASE NO. 2016-14 WHEREAS, Richard Gagne, representing The Ponds at Heifort Hills, LLC has submitted an application for approval of a Preliminary Plat for the development to be known as THE PONDS AT HEIFORT HILLS, the first phase of a Planned Unit Development (PUD), legal description of this first phase is as follows: See Exhibit A; and WHEREAS, on April 13, 2016 the Planning Commission held a public hearing on the case and on a 6 to 1 vote recommended approval of: a) the ordinance rezoning the property to be developed in Phase One of the project; and b) a Conceptual PUD permit for all 25 acres; and c) the Preliminary Plat for the 24 houses in Phase One of the project; and WHEREAS, on May 17, 2016 the City Council held a public hearing to consider the development proposal; and WHEREAS, the Planning Commission and City Council found the Concept PUD, and the Preliminary Plat for Phase One and the rezoning to be consistent with the City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and the City's infrastructure can support the proposed development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requested Preliminary Plat for THE PONDS AT HEIFORT HILLS with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Concept Plan D 5/11/16 • Northerly Concept Plan 2/19/16 Res No. 2016 - Page 2 of 4 • Existing Conditions 2/19/16 • Preliminary Plat 5/11/16 • Tree Preservation & Landscape Plan L1 3/18/16 • Tree Canopy Area Plan L2 3/18/16 • Heifort Hills Tree Survey 3/17/16 • Proposed Site Plan C1 5/11/16 • Grading & Erosion Control Plan C2 5/11/16 • Utility Plan C3 5/11/16 • Building Elevations - Streetscape 1.0 2/4/16 • Main & Lower Level Plans 2.0A 2/4/16 • Optional Floor Plan A, Garage Right 2.0B 2/4/16 • Floor Plan B 2.0C 2/4/16 • Optional Floor Plan B, Garage Right 2.0D 2/4/16 • Floor Plan C, Garage Left 2.0E 2/4/16 • Floor Plan CII, Garage Right 2.0F 2/4/16 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 3. The developer must submit the wetland impact plan to the Washington County Conservation District for comments. The developer will need to include these comments with the final plat application materials. 4. Any buffer area around the northwesterly wetland that is graded within 25 feet of its delineated edge must be mitigated by protecting additional ungraded contiguous buffer in a one to one ratio. 5. Outlot A, which includes the northwesterly wetland, should be expanded to include the recently discovered wetland area. 6. The location of the utility connections in Neal Avenue that are intended for future development on the west side of the street must be placed at the direction of the City Engineer. These approved locations are to be included in the materials submitted with the final plat application for phase one. 7. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 8. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for this phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 9. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to City Council approval of the Final Plat for each phase. 10. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 8 above. 11. The name "Heifort Court" already exists in Stillwater, so an alternate name must be selected by the developer for this cul-de-sac. Res No. 2016 - Page 3 of 4 12. One street light will be required for each of the two cul-de-sacs in this phase. These must be included on the final plat application materials. 13. No trees will be allowed within the right-of-way of the public streets. The only exception is that the trees shown within the grassy centers of the cul-de- sacs will be permitted as long as they are maintained by the Home Owners' Association. 14. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 15. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland/pond buffer limits. 16. The boundaries of the wetland/pond buffers must be signed according to Brown's Creek Watershed District rules. This signage must be shown on final plat application materials. 17. The rezoning will not be published, nor will it become effective until after the Final Plat is approved by the City and filed with Washington County for recording. 18. Prior to submitting the Final Plat application, the developer must work with the City to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail system connectivity goals for the segment. The developer's cost for constructing this trail will be credited against required park and trail dedication fees. 19. The developer is to work with the Bruns Family, who lives opposite the northern cul-de-sac access point onto Neal Avenue, to effectively screen the headlights from vehicles exiting this proposed cul-de-sac. The screening plan will need to be submitted with the final plat application materials for phase one. 20. If the Stillwater Park Commission does not find the proposal satisfactory, changes to the plans must be made to address the concerns and be included in the final plat application materials for Phase One. Enacted by the City Council of the City of Stillwater, Minnesota this 17TH day of May, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Res No. 2016- Page 4 of 4 Exhibit A Sfi 1 Iwater ' H E B I R t H V 1 A t E OE MINNESOTA. PLANNING REPORT DATE: April 6, 2016 CASE NO.: 2016-14 APPLICANT: Richard Gagne, The Ponds At Heifort Hills, LLC LAND OWNER: Kenneth & Geraldine Heifort REQUEST: 1) Rezoning from AP, Agricultural Preservation to RB, Two -Family Residential 2) Concept Planned Unit Development for 48 detached homes in two phases 3) Preliminary plat for The Ponds at Heifort Hills, 24 homes in Phase 1 LOCATION: 8753 & 8911 Neal Avenue COMP PLAN: Low/Medium Density Residential (4.4 - 9.7 units per acre) CURRENT ZONING: 1) Base Zoning District: AP, Agricultural Preservation 2) Overlay District: NE, Natural Environment Lake Shoreland Management District for South Twin Lake REVIEWERS: Community Development Director, Public Works Director, Deputy Fire Chief, City Planner, DNR Regional Hydrologist, Brown's Creek Watershed District PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre homestead of Kenneth and Geraldine Heifort. The property is located at 8753 & 8911 Neal Avenue North. A majority of the property lies within the Natural Environment Shoreland District of South Twin Lake (see Map A). Consequently, development must either be on one acre lots or must occur as a Shoreland Planned Unit Development (PUD). A shoreland PUD allows increased density if: 1) at least 50% of the site remains in commonly owned permanent open space; 2) densities are shifted away from the protected lake; 3) emphasis is placed on protecting the natural resources of the site, such as trees and water basins; and 4) no more than 25% of the site is improved with impervious surfaces. Ponds at Heifort Hills April 6, 2016 Page 2 The developer in this instance has chosen to develop according to the Shoreland PUD standards. The project is planned to be developed in two phases. The first phase would be to develop the south half of the site with 24 detached townhomes (see Map D). The estimated sale price of these homes is around $450,000. The north half of the property (see Map E) would be developed during the second phase and is planned to create another 24 detached townhomes. SPECIFIC REQUEST The developer is requesting: 1) Rezoning of the first phase's 15.2 acres from AP, Agricultural Preservation to RB, Two -Family Residential; and 2) Concept Shoreland PUD approval for 25 acres encompassing both phases of development; and 3) Preliminary plat approval for The Ponds at Heifort Hills, which represents 24 homes in the first phase of this project. EVALUATION OF REQUEST I. REZONING Current and Proposed Classifications Zoning As seen in Map B, the property is currently zoned AP, Agricultural Preservation. The developer has requested a rezoning for Phase One to RB, Two -Family Residential. The same zoning would be requested for Phase Two when development of that portion of the property occurs. Comprehensive Plan The future land use map of the Stillwater Comprehensive Plan (Map C) shows that the site is guided for Low/Medium Density Residential (LMDR). The LMDR classification is intended for developments at a density of 4.4 to 9.7 units per acre. The Zoning Districts that are consistent with this density range are CCR, RB and CR. Therefore, the requested rezoning to RB, Two -Family Residential is consistent with the future land use map of the Comprehensive Plan. A note should be made here that even though the RB Zoning is consistent with the Comp Plan, the actual development density is much lower than normally found in the RB Ponds at Heifort Hills April 6, 2016 Page 3 District. The actual density for Phase One is about 3.25 homes per acre'. This density is what you would typically find in RA Zoned neighborhoods, but higher density is not possible given the stricter standards of the South Twin Lake Shoreland District rules that apply to the property. II. CONCEPTUAL PLANNED UNIT DEVELOPMENT As mentioned above, a shoreland PUD allows increased density if: 1) at least 50% of the site remains in commonly owned permanent open space; 2) densities are shifted away from the protected lake (South Twin Lake, in this case); 3) emphasis is placed on protecting the natural resources of the site, such as trees and water basins; and 4) no more than 25% of the site is improved with impervious surfaces. All of these standards have been incorporated into the proposed PUD. A. Minimum Dimensional Standards Site size A standard PUD has to be on a project of at least 3 acres in size. The subject property has 25 gross acres. About 15 acres in Phase One and about 10 acres in Phase Two. Density As mentioned above, two separate density expectations are at play with this project. The first is that the Comprehensive Plan encourages 4.4 to 9.7 units per acre across the property. But, working against this density expectation is the fact that the land lies within the South Twin Lake Shoreland District, which incorporates regulations that reduce its density considerably. Specifically, the State's shoreland PUD rules calculate density based upon what type of shoreland district is involved, the minimum lot size of that district, and the distance away from the lake. As long as 50% of the site is preserved in permanently dedicated open space, density increase bonuses are allowed. And, the further you get from the lake, the greater the density bonus. Shoreland PUD density allowed in Phase One: 7.38 acres of net developable land. This is the remainder after subtracting Neal Avenue right-of-way, wetlands, Heifort Pond, wetland buffer, pond buffer. Ponds at Heifort Hills April 6, 2016 Page 4 The number of houses allowed in the Natural Environment Shoreland PUD is calculated by taking the square footage of land in a tier (minus wetlands, Neal Avenue right-of-way, and pond surface) and dividing that by the standard lot size. The "standard lot size" by City Code would be a 40,000 square foot lot. a. First Tier: There is about 19,400 sf of such land in the first tier. That would yield 0.49 lots and a bonus density of 50% (an additional 0.25 lots), for a total of 0.74 lots. b. Second Tier: There is about 190,500 sf of land here which would yield 4.76 lots plus the second tier's 100% bonus (an additional 4.76 lots), for a total of 9.52 lots. c. Third Tier: There is about 177,200 sf of land in this tier which would yield 4.43 lots plus a 200% bonus (an additional 8.86 homes), for a total of 13.29 lots. d. Fourth Tier: 37,800 sf would yield 0.95 lots plus a 200% bonus (an additional 1.9 lots), for a total of 2.85 lots. e. Therefore, the total number of homes allowed would be 26.4. 24 are proposed in this phase. The two extra units are transferred to the next phase. Shoreland PUD density allowed in Phase Two: a. First Tier: There is about 118,300 sf of land in the first tier. That would yield 2.96 lots and a bonus density of 50% (an additional 1.48 lots) for a total of 4.44 lots. b. Second Tier: About 229,300 sf of land would yield 5.73 lots plus the second tier's 100% bonus (an additional 5.73 lots), for 11.46 lots. c. Third Tier: About 77,319 sf would yield 1.93 lots plus the 200% bonus (an additional 3.86 homes), for 5.79 lots. a. Therefore, the total of homes allowed would be 21.69, rounded to 22. With the two units transferred from the first phase, 24 would be permissible in this phase. 24 are proposed. Setbacks With a PUD there are generally no setback standards, except from the perimeter of the project. When the proposed type of use in the PUD is more intense than the neighboring property, such as a senior living center next to surrounding single family homes, then the perimeter setback must be at least double the height of the structure(s) in the PUD. In this case where both the existing neighborhood use and the proposed PUD use are Ponds at Heifort Hills April 6, 2016 Page 5 detached single-family homes, the setbacks of the underlying zoning district (RB) would apply to the property perimeters. Therefore, the building setback from Neal Avenue would considered a front setback and would need to be 30 feet (since garages are in front of the house). To be conservative, rather than calling the setback from the south a side setback (requiring only a 5 foot setback distance), staff is considering it a rear setback, since it is a rear setback for the neighbors. Therefore, the setback distance from the south perimeter line would be 25 feet. In all instances these perimeter setback distances are maintained. Impervious coverage A maximum of 25% of the dry land on this PUD can be improved with impervious surface. This phase of the PUD shows an impervious coverage of 23.4%. Details about impervious coverage for Phase Two will need to be submitted with the preliminary plat for that phase. B. Open space State law requires 50% of a Shoreland PUD's site to be permanent open space. 13.86 acres exist in this phase after subtracting the right-of-way for Neal Avenue from the site's 15.2 acres. 50% of that is 6.93 acres of required open space2. 10.3 acres are provided. Since there are not enough stormwater details provided for Phase Two, an open space analysis could not be completed. (Stormwater ponds cannot be used to satisfy open space requirements.) When the preliminary plat for Phase Two is submitted, it will need to show a minimum of 50% open space. C. Future Development The City Subdivision Code requires each developer to extend streets and utilities to property lines if that is the only reasonable way a neighboring property can be developed. In this instance, a parcel of about 3.8 acres 2 The 6.93 acres can include the water surface for Heifort Pond, but cannot include stormwater treatment areas or wetlands. Ponds at Heifort Hills April 6, 2016 Page 6 exists to the northeast of Phase Two that will need utilities and also likely street access through the Heifort property. The street extension may be required because MnDOT will only allow the existing drive to have access to Hwy 96. Therefore, at most only one more home could share that existing drive. There are several impediments to extending a street to the neighbor, however. One is that the resulting street would be a cul-de-sac in excess of 600 feet, which is contrary to City Subdivision Code. Also, the streets in The Ponds at Heifort Hills are to be private. So, any homes accessed over it would have to be given permission to use it and would have to participate in its maintenance. The decision to include the access or not will be made during review of Phase Two. It will be based upon a public discussion including the two impacted properties, the developer and the City. III. PRELIMINARY PLAT A. Overview The preliminary plat for this first phase consists of: • 24 detached townhomes. • Two short public roads. Each will be a cul-de-sac from which private roads and driveways will provide access to the homes. • All property outside of roads and building footprints will be owned in common by the Home Owner's Association and platted as unbuildable outlots. • The plat for this phase of development encompasses a large portion of Heifort Pond. Around the pond will be a 75 foot wide buffer strip. In addition, there is a wetland in the northwest corner. Around this wetland is a 25 foot buffer strip. Generally speaking, each of these buffers has to be left undisturbed during development, and preserved as a buffer after development3. • A good quality stand of trees will be preserved just north of Lot 17. • Municipal water and sanitary sewer will be extended across the site to provide the utilities to properties to the north and east. • A trail will be constructed along Neal Avenue. 3 Unless the Watershed District Board approves a buffer averaging plan for the pond buffer. Ponds at Heifort Hills April 6, 2016 Page 7 B. Civil Engineering The City Engineer reviewed the plans and makes the following comments: 1. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 2. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. Based upon the preliminary plat for this phase, 7.38 acres of net developable land are subject to development impact fees. At the 2016 rates, the following fees would be due for Phase One: a. Transportation Adequacy Fee of $54,811.26. b. Trout Stream Mitigation Fee of $42,154.56. c. Trunk Sewer and Water Fees would be $122,869.62. 3. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 4. Stormwater plans must be approved by the Brown's Creek Watershed District prior approval of the Final Plat for each phase. 5. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 2 above. 6. The name "Heifort Court" already exists in Stillwater, so an alternate name must be selected by the developer for this cul-de-sac. 7. Prior to City Council approval of the Preliminary Plat for Phase One, a preliminary grading plan for Phase Two must be submitted and found satisfactory by the City Engineer. The purpose for this plan is to verify that a gravity sewer line will be able to serve Phase Two, and potentially also the neighbor to the northeast. 8. One street light will be required for each of the two cul-de-sacs in this phase. These must be included on the final plat application materials. 9. No trees will be allowed within the right-of-way of the public streets. The only exception is that the trees shown within the grassy centers of the cul- de-sacs will be permitted as long as they are maintained by the Home Owners' Association. 10. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 11. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review Ponds at Heifort Hills April 6, 2016 Page 8 and approval of the location of the averaged wetland/pond buffer limits. 12. The boundaries of the wetland/pond buffers must be signed according to Brown's Creek Watershed District rules. This signage must be shown on final plat application materials. c. Brown's Creek Watershed District Comments The consulting engineer for the watershed district has identified the district's rules that would be triggered by the proposed development activity and shared comments they have specific to the rule at this point in the plan development process. - Stormwater Management because it is a residential subdivision of four or more lots. Comments with respect to Rule 2.0 include: o A significant portion of this site has been characterized as having high infiltration potential in the BCWD Watershed Management Plan (Figure III -7 groundwater Discharge and Recharge Areas). A geotechnical investigation will verify the infiltration capacity of the underlying soils. o The stormwater management plan for the site is concentrated in 4 facilities located along the exterior perimeter of the site. Given that the project needs to conform to the rate, volume, water quality and bounce and duration standard, the Permit Applicant will have to demonstrate how these rules are met to all existing (pre -development) discharge points. o It is unclear what types of stormwater management practices are being proposed for the site; given the depth and the safety benches they appear to be wet ponds. It is unclear how the volume control standard would be met for this project. There is a note on the Grading & Erosion Control Plan addressing infiltration areas but it is unclear where these are located. o It is questionable how maintenance access to the stormwater management facilities will be provided. o Green space in the cul-de-sacs and the direction of drainage are opportunities for additional stormwater treatment. o Given the amount of irrigation used in a townhome setting, stormwater reuse for irrigation may be an option for meeting the volume control standard. Ponds at Heifort Hills April 6, 2016 Page 9 - Erosion Control because the project will disturb more than 50 cubic yards of earth or removal of vegetative cover on 5,000 square feet. Comments with respect to Rule 3.0 include: o Difficult to provide specific comments on the Grading & Erosion Control Plan until more information provided about the stormwater management practices. - Lake, Stream and Wetland Buffer Requirements because the project is adjacent to a wetland one acre or larger (Heifort Pond) and it is being subdivided. Comments with respect to Rule 4.0 include: o Heifort Pond is classified as a Management 1 wetland in the BCWD Watershed Management Plan. As a result, there will be a 75 -foot buffer requirement on this resource. The BCWD will evaluate the quality of the existing buffer under Rule 4.4.1 and may require a planting or landscaping plan to restore the quality of vegetative cover. o According to the wetland delineation submitted by Larson Engineering, the wetland on the western edge of the property is a Manage 3 wetland. Because this wetland is under an acre in size, the buffer requirement does not apply to this resource. [City Staff note: City Code still requires a 25 foot buffer for this wetland.] o The proposed layout shows a number of the buildings encroaching on the 75 -foot buffer. Rule 4.4.2 does not allow for the creation of impervious cover, the excavation or placement of fill and alterations to vegetation (unless approved by the District to establish adequate native vegetative cover), all of which would occur under the current configuration which does not allow room for construction without impacts to the buffer. The townhomes should be pulled back from the buffer edge an adequate distance to allow for construction without impacts to the buffer. [Unless the Board approves a buffer averaging plan.] o Similarly, the existing barn is within the 75 -foot buffer on Heifort Pond. Demolition of this building will also have similar impacts to the buffer. - Floodplain and Drainage Alterations because the proposed project would alter stormwater flows at the property boundary by changing land contours, divert or obstruct surface or channel flow, or create a basin outlet. Comments with respect to Rule 7.0 include: o The BCWD's H/H model shows the 100 -year runoff (7.2 inch 10 - day frozen ground) to be the critical event for Heifort pond Ponds at Heifort Hills April 6, 2016 Page 10 resulting in a HWL of 885.8 feet. This is based on a starting elevation of 883.0 feet, or approximately at the lip of the culvert that enters Stillwater's storm sewer system (Actual control elevation is 885.3 feet in the catch basin on Oak Glen Trail). o All of the townhomes along Heifort Pond appear to meet the District's freeboard requirement. o There are no 100 -year HWLs for the wetland on the western edge of the property or the stormwater management facilities to evaluate the townhomes adjacent to these features. D. Tree Preservation & Landscaping Tree Preservation A tree inventory and map showing the location of each inventoried tree has been submitted. In addition, a tree removal, protection and replacement plan was submitted. Over 65% of the trees on site will be saved. All of the trees within the Heifort Pond buffer area (75 feet from pond/wetland edge) are being preserved. Most of the trees in the 25 foot buffer of the wetland in the northwest corner of the property are also being saved. In addition, there is a nice stand of significant trees in the center of the site that will be preserved. 34.5% of the tree cover is proposed to be removed. 35% is allowed to be removed before replacement standards are triggered. Therefore, no replacement is required for this phase of the project. Landscaping Landscaping standards require the equivalent of three trees per lot (though they can be planted anywhere in the development that makes sense). So, the 24 lots generate a requirement of 72 trees. The size of the trees to be planted must average 2 inches in diameter at about four and a half feet above ground level. Though, oaks and ornamentals can have an average of 1.25 inches. And pine trees would need to be 6 feet in height. 87 trees are shown in the planting plan, and all meet or exceed the minimum size requirements. A foundation landscaping plan was also submitted and is acceptable. Ponds at Heifort Hills April 6, 2016 Page 11 E. Park and Trail Dedication The City's Trail Plan shows a trail along Neal Avenue. The best location for it would be the east side of Neal Avenue. But, there is a wetland on the Heifort property immediately adjacent to Neal Avenue that may make construction of the trail difficult. Consequently, plans for the trail alignment have not been completed yet. Prior to submitting the Final Plat application to the City, the developer must work with the City Engineer, Community Development Director and Park Commission to site a trail segment that avoids the wetland yet accomplishes the trail system connectivity goals for this trail segment. The developer's cost for constructing this trail will be credited against required park and trail dedication fees. The park dedication fee, if required by the Park Commission in lieu of park land dedication, will be $2,000 per townhome ($48,000 for Phase One). And the trail fee will be $500 per townhome ($12,000). The costs for constructing the Neal Avenue trail would be credited against this $60,000 park and trail fee. RECOMMENDATION The proposed Concept PUD, rezoning and preliminary plat for Phase One represents a good solution to the need for balancing the density envisioned by the Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Overlay District. Therefore, staff recommends approval of the requests with the conditions found below under Alternative A. ALTERNATIVES A. Approval. If the Planning Commission finds the concept PUD plan satisfactory, as well as the rezoning request and preliminary plat for Phase One, it could recommend approval with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Concept Plan C 2/29/16 • Northerly Concept Plan 2/19/16 • Existing Conditions 2/19/16 Ponds at Heifort Hills April 6, 2016 Page 12 • Preliminary Plat 3/17/16 • Tree Preservation & Landscape Plan L1 3/18/16 • Tree Canopy Area Plan L2 3/18/16 • Heifort Hills Tree Survey 3/17/16 • Proposed Site Plan C1 3/18/16 • Grading & Erosion Control Plan C2 3/18/16 • Utility Plan C3 3/18/16 • Building Elevations - Streetscape 1.0 2/4/16 • Main & Lower Level Plans 2.0A 2/4/16 • Optional Floor Plan A, Garage Right 2.0B 2/4/16 • Floor Plan B 2.0C 2/4/16 • Optional Floor Plan B, Garage Right 2.0D 2/4/16 • Floor Plan C, Garage Left 2.0E 2/4/16 • Floor Plan CII, Garage Right 2.0F 2/4/16 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 3. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 4. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 5. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to City Council approval of the Final Plat for each phase. 6. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 2 above. 7. The name "Heifort Court" already exists in Stillwater, so an alternate name must be selected by the developer for this cul-de-sac. 8. Prior to City Council approval of the Preliminary Plat for Phase One, a preliminary grading plan for Phase Two must be submitted and found satisfactory by the City Engineer. The purpose for this plan is to verify that a gravity sewer line will be able to serve Phase Two, and potentially also the neighbor to the northeast. 9. One street light will be required for each of the two cul-de-sacs in this phase. These must be included on the final plat application materials. 10. No trees will be allowed within the right-of-way of the public streets. The only exception is that the trees shown within the grassy centers of the cul-de-sacs will be permitted as long as they are maintained by the Home Owners' Association. 11. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 12. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland/pond buffer limits. 13. The boundaries of the wetland/pond buffers must be signed according to Brown's Creek Watershed District rules. This signage must be shown on final plat application materials. Ponds at Heifort Hills April 6, 2016 Page 13 14. Since there are insufficient stormwater details provided for Phase Two of the PUD, an open space analysis could not be completed for that phase. Therefore, when the preliminary plat for Phase Two is submitted, it must document a minimum of 50% open space. 15. Details about impervious coverage for Phase Two will need to be submitted with the preliminary plat for that phase. No more than 25% is permitted. 16. The final PUD plan for Phase Two may have to be revised to include access to the neighboring property. The decision to include the access or not will be based upon a public discussion including the two impacted properties, the developer and the City. 17. The rezoning will not be published, nor will it become effective until after the Final Plat is approved by the City and filed with Washington County for recording. 18. Prior to submitting the Final Plat application, the developer must work with the City to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail system connectivity goals for the segment. The developer's cost for constructing this trail will be credited against required park and trail dedication fees. B. Table If the Planning Commission finds the concept PUD plan, rezoning or preliminary plat materials or elements for Phase One to be incomplete, it could table the review for additional information. C. Denial If the Planning Commission finds the concept PUD plan, rezoning or preliminary plat to be unsatisfactory, it could recommend denial. With a denial, the basis of the action should be given. Attachments: Location Map Map A - Shoreland Zoning and Location Map B - Zoning Map C - Comp Plan Map Map D - Phase One Concept Plan Map E - Phase Two Concept Plan Map F - Open Space Phase One Preliminary Plat Grading Plan Tree Preservation Floor Plans and Elevations cc: Richard Gagne Tim Freeman Jennifer Sorensen, DNR Regional Hydrologist Ponds at Heifort Hills April 6, 2016 Page 14 Map A Location & Shoreland Zoning Hwy 96 liiwater Shoreland Zoning Classifications Lake Shoreland Management District Brown's Creek 8 Tribs Shoreland District El Si. Croix River Overlay District McKusick Rd -rs1- - Ponds at Heifort Hills April 6, 2016 Page 15 Map B Zoning _liomminnimil 30 2370 South Twin Lake The Ponds at Heifort Hills eifort's Pond 2050 2030 29.1er Zoning Map % 1990 931 -- o_ 1941 :. GLEN T`1L 1985 1951 1955 '975 111945 '955'_ 1 1890 880: 1870 EA -P Ag neunu rel Pmservalion ORA -Single Femly Rasideniml ERRR-lvm Temey ITR, ddlonnl Residenklel MLR .1101, amnnnal [GR, College ResRoolial IICTR, Cove Tradibonal Residential .GGR, Govo Cottage Rssidsntal .GTHR, Cove Townhouse Residential .TH.Taxnhoosa ®RCM • Metlwm Density Residential .RCH - Hgh Density Residential QVC,. YIIBgO Commercial MCA -Gene. Comma rolaI .CBD - Cenbal8u:mass Disfect BP -G, Business Park - Commercial •RP -O, Ruarmss Pork- Office ERP -I, Business Pork -Indust nal .®- Heaxy Industral .CRD -Campus Research Development .PA- Puhbs Admlmislrklnn .PRO S -Pb M, Recreation or Open Space 2Publlc Works Fbcudy JRDAo ]WATER 1841 1821 1825, Oudot L • 8270 8313 2364 01"1 Ponds at Heifort Hills April 6, 2016 Page 16 Map C Comprehensive Plan Map al. (I) 1011101111,1 11.111111166. lona= 1=-' l mitreit • ME 11111111. /MIN 111111111111 Mil Ha • South 1711 V ,11111111e4 ... aqii "11.411'' .1;1 Twin Lake inV49/0041112 410 lit ‘41 ofr's MI lill[E. II: ir vi lio 4 Ai% #141 ••• �* a. 4 , gogii, 4 . • • .,‘ Eirinuasik- vii I,. ./.__,L4......_..4....qpielt... ;IpJ -4i,a6 41411:1S....., la ill'Arsoi, 14P4 1 It‘ P.34 MR NI lir a f erdole.--1046.4 A: mendluifel.ar ( MOM iliffio :161.1.Praiip.907W •Iona iM2 gir 1S #4P4 11= =h _.‘ ..- !Emu mm....iiiir. ••40-4"- iiii. not. Alb irliAIPP ), CD 203G City/ Limit Wetland (Urftlelineated) Low Density Residential LowfMedium Density Residential Medium Density Residential High Density Residential Neighmrhood Commercial Commercial Downtown Mixed Use Research, Development Park Industrial Institutional Park, Rec or Open Space Marina Road R -O -W Open Water Ponds at Heifort Hills April 6, 2016 Page 17 Map D Phase One Concept PUD Plan CONCEPT HANN,. ire cmx6 ei,fedme E., La, ,e...503 THE PONDS AT HEIFORT HILLS CONCEPT PLAN C PROPIRTY LTSCRRTRSi l'mpc.tyin'arc. cwwofblmic Hebd licriort U753 NEAL AV. '4SER. YN 550tl2 Prop." 1.0 20.020.20 22.0015 AREA TABULATION Prop, BM, Neal w Bight of Way 3f� 9fl w 5. Oval Spare M.A. & 0(.1 Spam Pmw^6E 1033:nv 8.919V24" E '4.1.30A220016 FORT aknrR1,a ,CRRLIA esyno BIPERNOIIN SLREACL Nut nnmcLpee]c Arca NfiramOSub4+=f�A� Mxm®ABox.u]5% cub Ami:nim Ss'u m Proywai 1niCFi406-2:1 S FINE d".xp e.POv Ffi T _ 60 avcn� US HOE SjR�0RdTfp'I 1 LAYOUT AND MANNING :Q'R VIMS: Soap reorMervices,15LC 1,15t.er -Own)114-19551 iJ ;t rr. Y W ,41 bo,. f amore. liriakRnr,, �. FEE „— r -��yo�?o1�PryNSL� .ate xntuS� 3%36 W I .:5.3.9,...4 — OB .E.0 v 1 9033262: 5 JI ' ',1', m 0,04 �:JN� BY620kSITY .G_2P 0 NBA A dO6EPH P �. ER C PR'03 !BHN ',1',4,,C i. P S snRnern /1 duAgx L__ mirth ifte 2/21J Ponds at Heifort Hills April 6, 2016 Page 18 Map E Phase Two Concept PUD Plan THE PONDS AT HEIFORT HILLS Northerly CONCEPT PLAN OCINCEPTPUINFUN: 1.13I3Neal Avenue South ,401 PJOPEJ2lYUNSURN7IUN. AREA TARL)ATION P•opnga.un: P.pnyBwmey c Alpin o[Way IBG mere, csawn<Bcinn Pad 5811 7 Pepcny Add6Y5' SOA opcu SpoccBcquum 0.011 me• Orin Spat mv Spt PYk6 625 enc• _ Pr putt' CD 30.0±0,26.220017 76226275111 20.020.20]20016 L I 0316002 NIM MOUS SURPACE Propary Bin' Y Ares uoeanm NluerN VISA Pnvex Itmelli uli Driveways Li 83 sues Pub. Read Surract Li 37 e -ens Impernors Surnee Pnpmed 256 me. 04920107' 456 00 FFE HPI' 4100'2 07 IgFY PEP 060, } 20 21/205002 0'54/jr rs,r op r 8200402022099 V A, g- -- -- _ wo105 e & G5 --._tlnrcel acmrn,. a �enn,n 89'0916' E - 6.59.619 LAYOUTANUPUIPADVGMV2C.J: Sworcigulsod Mae. LI, W112 993 7 1.24.14.14 Ponds at Heifort Hills April 6, 2016 Page 19 Map F PUD Open Space - Phase One illwater THE BIRTHPLACE OF N ERMA The Ponds at Heifort Hells PUD Open Space wauand Starrt,water House lots Private roads & dr Ives Neal Ave Neal Ave r -o -w New public roads PUD Open Space MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, of Public Works DATE: May 12, 2016 RE: 2016 Street Improvement Project Project 2016-02 DISCUSSION Bids for the 2016 Street Improvement project were opened on Tuesday May 3, 2016. The City received three bids with the low bid submitted by Miller Excavating. The low bid was $1,115,948.25. The engineers estimate was $1,281,000. Included in the bid package, was an alternate bid for total reconstruction on three streets that share a border with Oak Park Heights; Orleans, 64th and Ozark. The results of the alternate were sent to the City of Oak Park Heights for review. As of the writing of this memo, Oak Park Heights has not indicated to us on whether they want to us to proceed with the bid alternate. Any approval from Oak Park Heights would not come their council meeting s on Tuesday May 25th. Staff wants to proceed with the project, and is looking to proceed without approving the bid alternate. Approval of the bid alternate, may come the first meeting in June in the form of a change order. Staff has discussed this with the contractor, and finds this acceptable. RECOMMENDATION It is recommended that the City accept the bids submitted for the 2016 Street Improvement Project, Project 2016-02, and award the contract, without the bid alternate to Miller Excavating. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting the Resolution 2016- ACCEPTING BID AND AWARDING THE CONTRACT FOR 2016 STREET IMPROVEMENT PROJECT. ACCEPTING BID AND AWARDING CONTRACT FOR 2016 STREET IMPROVEMENT PROJECT (Project 2016-02) WHEREAS, pursuant to an advertisement for bids for the 2016 Street Improvement Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID AMOUNT Miller Excavating, Inc., Stillwater, Minnesota $1,115,948.25 Hardrives, Inc., Rogers, Minnesota $1,139,633.58 Dresel Contracting, Inc., Chisago City, Minnesota $1,425,015.69 ENGINEER'S ESTIMATE $1,281,013.25 and WHEREAS, it appears that Miller Excavating, Inc. of Stillwater, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Miller excavting of Stillwater, Minnesota in the name of the City of Stillwater for the improvement of streets according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 17th day of May 2016. ATTEST: Diane Ward, City Clerk Ted Kozlowski, Mayor CITY COUNCIL MEETING DATE: May 17, 2016 CASE NO.: C/ 2016-02 APPLICANT: Doug and Nicole Lange, property owners REQUEST: Permit to keep chickens at 1609 Morningside Drive PREPARED BY: Abbi Jo Wittman, City Planner INTRODUCTION On October 2, 2012, the City Council amended the City Code to allow the keeping of chickens in the RA and RB zoned neighborhoods. When permit applications are received, notices are mailed out to neighbors within 150 feet of the proposed chicken keeping property. If no negative comments are received from neighbors, then staff can issue the permit. If objections are received from neighbors, however, then the City Council has to review the permit request and decide whether to issue it or not. SPECIFIC REQUEST Doug and Nicole Lange, 1609 Morningside Drive, have requested a permit to keep chickens. The application meets the requirements of City Code Sec. 31-514, Subd. 6, Keeping of Chickens. The applicant is proposing a 12 square foot coop with an attached 52 square foot run/open air, enclosed pen. The coop and pen will sit approximately 20' from the eastern (rear yard) property line as well as approximately 20' from the southern (side) property line. The coop and pen will be situated approximately 75' from the nearest residence (to the south and east). COMMENTS One neighbors has objected to the permit. The neighbor is concerned the dogs in the neighborhood will bark all day due to the presence of chickens. The neighbor additionally notes that chickens do not belong in urban areas. ALTERNATIVES The City Council could choose to do one of the following: 1. Approve the permit with at least the following conditions: 1609 Morningside Drive (C/2016-02) Apri119, 2016 CC: Page 1 of 2 ■ The permit allows the keeping of no more than five chicken hens. ■ Permittee agrees to abide by all provisions of Section 31-514, Subd. 6. ■ This permit is valid until December 31, 2016. If, during the first year of chicken keeping there are no animal -related complaints from the adjacent property owners, the permit will be valid for a second season (through December 31, 2017). If any animal -related complaints are received by the City during the first year of chicken keeping, the matter will be forwarded to the City Council for resolution. ■ This permit may be revoked if the chickens become a nuisance as evidenced by two substantiated violations within 12 months of City Code Ch. 31, Sec 31-514, Sub. 6. Keeping of Chickens, or of City Code Chapter 38, Nuisances. ■ This permit constitutes a limited license granted by the City and in no way creates a vested zoning right. Permits are non-transferrable and do not run with the land. 2. Deny the permit and approve a refund of $37.40 to the applicant, retaining the costs for noticing the neighborhood. 3. Table discussion, requesting additional information from the applicant and/or staff. ATTACHMENTS 1609 Morningside Drive Location Map Applicant Site Plan Coop/Pen Rendering (2 pages) Ordinance No. 1051 1609 Morningside Drive (C/2016-02) Apri119, 2016 CC: Page 2 of 2 0 The Birthplace of Minnesota 1609 Morningside Drive Subject Property Objecting Parcel Municipal Boundary Parcel Boundaries 105 210 General Site Location MEI 4111=11mc — =° 420 Feet - April 18th, 2016 - Proposal for Chicken Coop location from Doug Lange - 1609 Morningside Drive, Stillwater MN 55082 N511181MBPSII ILTE Fenced -in Backyard Plan for 4 Run length 13' Run depth 4' Thta heigrit Totat ruo ricind irkside w;cie v x 12ft2rs; ,...tx.).p floor 0.) 0 7-)c 2 House 1609 Morningside Drive L. ORDINANCE NO. 1051 AN ORDINANCE AMENDING CITY CODE SECTION 31-514 RELATING TO THE KEEPING OF CHICKENS IN THE CITY The City Council of the City of Stillwater does ordain: 1) AMENDING. Section 31-514, Subdivision 1 of the City Code entitled "Farm Animals" is amended to hereafter read as follows: Subd. I. Farm animals. In all districts any lot upon which farm animals are kept must be at least three acres in size. Farm animals are defined as: horses, cows, sheep, pigs, chickens, ducks, rabbits and other commonly known domestic farm animals. Chickens are allowed in the RA and RB zoning district on a lot of any size as long as they follow the standards Section 31- 514, Subd. 6 and receive a permit from the City. (a) See Section 27-3 for regulations related to beekeeping. (b) See Section 31-514, Subd. 6 for regulations related to keeping of chickens in the RA and RB zoning districts. 2) AMENDING. Section 31-514 is amended by adding the following Subdivision: Subd. 6. Keeping of Chickens. (1) Any person who keeps chickens in the City of Stillwater in the RA and RB zoning district must obtain a permit prior to acquiring the chickens. The first permit is valid for up to two years beginning on the date the chickens arrive on the site and ending on December 31 of the following year. Subsequent permits are valid from January 1 of one year to December 31 of the second year. Applications for permits must be made to the Community Development Department. Fees charged for the issuance of a permit to keep chickens will be set by the City Council. 11. The City may refuse to grant or may revoke a permit if the chickens become a nuisance, as evidenced by a second substantiated violation (within 12 months of a first substantiated violation) of this Section of City Code, or Chapter 38 (Nuisances) of City Code. iii. The City may refuse to grant a permit to, or may revoke a permit from, a person convicted of cruelty to animals. lv. Permits are non -transferable and do not run with the land. v. A permit constitutes a limited license granted to the chicken keeper by the City and in no way creates a vested zoning right. vl. Prior to issuance of a permit, the prospective permit holder must acknowledge they have read the Chicken Run Rescue publication entitled "Recommendations for Municipal Regulations of Urban Chickens (201 0)" or similar publications approved by the City's Community Development Department. vii. Prior to issuance of a permit, the prospective permit holder must provide a plan for maintaining an adequate temperature in the coop for the safety of the chicken hens. The plan must address both extreme winter and summer temperature conditions. vn I. Prior to issuance of a permit notices must be mailed to all homes within 150 feet of the applicant's property lines. a) Ifthere are objections received within ten days of mailing the notices, then the permit application must be considered by the City Council. b) If there are no objections received within ten days of mailing the notices, then the permit application will be processed by City staff. It will not be referred to the City Council for consideration. (2) Each person holding a permit to keep chickens within the City of Stillwater shall comply with the following: 1. The principal use of the specific property m ust be either single-fam ily residential or two-fam ily residential. A perm it will not be issued for any property which is used principally for something other than single-family or two-fam ily. If the property's principal use is two- family residential, then the property owner m ust sign the perm it in addition to the chicken keeper; n. No person may keep more than five chickens; iii. No person may keep a rooster; Iv. No person may allow chickens to range freely without fencing or without a mobile pen; Iv. No person may keep any chickens inside the house; v. No person may slaughter any chickens within the City of Stillwater; vi. Chickens must be provided a secure and well ventilated roofed structure ("chicken coop"); vii. The roofed structure and required fencing for the chickens may only be located in a rear yard and must meet setback and building separations as established in City zoning and building codes, except that the roofed structure and fencing must maintain a twenty foot separation from dwellings on adjacent properties; viii. The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light; Ix. The floors and walls of the roofed structure shall be kept in a clean, sanitary and healthy condition with all droppings collected on a daily basis and placed in a fireproof covered container until applied as fertilizer, composted or transported off the premises; x. Chickens must be kept in the roofed structure, an attached pen, or a detached mobile pen whenever they are unattended by the keeper; but when attended by the keeper, the chickens are allowed in a completely fenced exercise yard; xi. The coop's attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting to keep the chickens separated from other animals; xii. The coop's attached pen must be well drained so there is no accumulation of moisture; and xiii. The floor area of the roofed structure or a combination of the floor area and attached pen area must equal at least ten square feet of area per chicken. SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 4) EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law. Enacted by the City Council ofthe City of Stillwater this 2nd day of October, 2012. RESOLUTION APPROVING SOLAR GARDEN SUBSCRIPTION AGREEMENT BETWEEN GERONIMO ENERGY, LLC, BHE RENEWABLES, LLC AND THE CITY OF STILLWATER WHEREAS, in 2013, the Minnesota State Legislature directed Xcel Energy to create a program for community solar gardens; and WHEREAS, a community solar garden is a centralized shared solar project connected to the energy grid that has multiple subscribers and each subscriber receives a credit on their Xcel energy bill based upon the production of the solar facility and their subscription share of that facility; and WHEREAS, the City of Stillwater believes that there is societal, financial and environmental value in participating in community solar gardens; and WHEREAS, the City of Stillwater agreed to participate in the Metropolitan Council's "Request for Proposals for Community Solar Garden Subscription Agreements" process in July of 2015; and WHEREAS, the City provided the Metropolitan Council with an estimate of 336,000 kWh of electric energy (approximately 5% of the City's total annual electric energy usage) that the City intends to subscribe to the community solar garden; and WHEREAS, the Metropolitan Council RFP process resulted in five companies that were awarded contracts to provide solar garden projects to participating communities through a lottery process; and WHEREAS, the Metropolitan Council negotiated a standard solar garden subscription agreement with all five companies allowing each community to enter into an agreement with the solar garden company selected via the lottery process; and WHEREAS, through the Metropolitan Council lottery process, Geronimo Energy, LLC, on behalf of BHE Renewables, LLC, was selected as the solar garden provider for the City of Stillwater; and WHEREAS, Geronimo Energy and BHE Renewables propose to provide the City of Stillwater with a 25 year solar garden subscription to 503,700 kWh of electric energy consumption equaling approximately 7.5% of the City's total annual electric energy usage resulting in an energy savings of approximately $5000 the first year and a 25 year energy savings of over $118,000 through the Xcel Energy electric bill credit. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Solar Garden Subscription Agreement between the City of Stillwater and Geronimo Energy, LLC, and BHE Renewables, LLC as hereby attached, and authorizes the Mayor of the City of Stillwater to sign all necessary documents on behalf of the City of Stillwater. Enacted by the City Council of the City of Stillwater, Minnesota this 17th day of May 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk GERONIMO BH E ENERGY RENEWABLES A Berkshire Hathaway Energy Business City of Stillwater Solar Rewards Cost Savings Analysis Expansion to Capacity Version May 12, 2016 XCEL ENERGY SOLAR*REWARDS PROGRAM OVERVIEW In 2013, Minnesota State legislation directed Minneapolis-based utility, Xcel Energy, to create a program for community solar gardens (Minnesota Statute # 216b.1641). Xcel named the program the Xcel Energy Solar*Rewards Program, and it is overseen by the state's Public Utilities Commission. A community solar garden is a centralized, shared solar project connected to the energy grid that has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill based upon the production of the solar facility and their subscription share of that facility. Xcel Energy Program Rules (apply to all community solar garden developments) • Eligible gardens are up to 1 MW, and up to five gardens may be located next to one another. • The program is limited to Xcel Energy electric customers in the state of Minnesota. • Subscribers must be located within the same county, or within an adjacent county, to the subscribed solar garden location(s). • Each subscriber may be allocated up to 40% of a single community solar garden. • There is a minimum requirement of 5 subscribers per solar garden. ABOUT GERONIMO ENERGY (Site Development) Geronimo Energy is a North American utility -scale wind and solar development company based in Minneapolis, Minnesota. Geronimo has developed over 1,500 megawatts of contracted wind farms and solar projects throughout the United States and has a pipeline of projects that boast an aggregate nameplate capacity exceeding 3,000 megawatts of clean energy — roughly enough to power one million American homes. Geronimo solar projects provide clean electricity to utilities and other large energy consumers. Recent Geronimo Energy solar developments include the multi -store Slumberland Furniture installation and the internationally recognized Aurora Utility -Scale Distributed Solar Generation Project. ABOUT BHE RENEWABLES (Construction and Operations) Berkshire Hathaway Energy is an $80 billion portfolio of locally managed businesses, including BHE Renewables that share a vision for the energy future. These businesses deliver affordable, safe and reliable service each day to more than 11.5 million electric and gas customers and end-users around the world and consistently rank high among energy companies in customer satisfaction. Berkshire Hathaway Energy is headquartered in Des Moines, Iowa, U.S.A. BHE Renewables owns solar, wind, geothermal and hydro projects that produce energy for both the wholesale market and for customers under long-term power purchase agreements. BHE Solar, a division of BHE Renewables, owns 1,271 megawatts of solar -powered generation. COMMUNITY SOLAR GARDENS Geronimo Energy, on behalf of BHE Renewables, is actively working with and seeking subscribers. Like all Minnesota community solar garden developments, the energy produced by BHE Renewables' solar gardens will be delivered to Xcel's local distribution system under Xcel Solar*Rewards Community program. BHE Renewables provides a complete set of services to guarantee a superior level of service and reliability for subscribers. Subscribers under Geronimo's community solar garden program are ensured smooth implementation and operation of community solar garden projects, including subscription management, real-time solar production monitoring, and lifetime maintenance and facility upkeep. 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 554351 P 952.988.9000 1 F 952.988.9001 www.geronimoenergy.com/solargardens RENEWABLES ENERGYA Berkshire Hathaway Energy Business PROGRAM BENEFITS FOR SUBSCRIBERS • No upfront investment or future capital requirements. • Annual energy savings through a simple, straightforward pricing structure. • Xcel Energy remains your electricity provider. • Our subscriptions are transferable. • Work with one of the nation's best and most landowner -friendly development companies. • Support renewable energy. • Keep your energy dollars' local. • Our projects are real — advanced site control, permitting, and interconnection. • No maintenance or overhead - each solar facility is professionally maintained. PROGRAM BENEFITS FOR THE CITY OF STILLWATER • There are (10) 1MW gardens open for new subscriptions within your County or adjacent Counties. • Your average annual usage for the premise included in the data release is 478,960 kWh. • Expanding your subscription to offset 105% of that consumption would allow 503,700 kWh. • First Year savings of $5,037.00 — at one penny ($0.01) per kWh. • 25 year savings of $118,651.33 — including a slight degradation factor at one half of one percent (0.5%) per year. COMMUNITY SOLAR REWARDS PROGRAM COST SAVINGS Garden Gemini 1 Gemini 2 Gemini 3 Annual Total Year1 $ 1,679.00 $ 1,679.00 $ 1,679.00 $ 5,037.00 Year2 $ 1,670.61 $ 1,670.61 $ 1,670.61 $ 5,011.82 Year3 $ 1,662.25 $ 1,662.25 $ 1,662.25 $ 4,986.76 Year4 $ 1,653.94 $ 1,653.94 $ 1,653.94 $ 4,961.82 Year5 $ 1,645.67 $ 1,645.67 $ 1,645.67 $ 4,937.01 Year6 $ 1,637.44 $ 1,637.44 $ 1,637.44 $ 4,912.33 Year 7 $ 1,629.26 $ 1,629.26 $ 1,629.26 $ 4,887.77 Year8 $ 1,621.11 $ 1,621.11 $ 1,621.11 $ 4,863.33 Year9 $ 1,613.00 $ 1,613.00 $ 1,613.00 $ 4,839.01 Year 10 $ 1,604.94 $ 1,604.94 $ 1,604.94 $ 4,814.82 Year11 $ 1,596.91 $ 1,596.91 $ 1,596.91 $ 4,790.74 Year12 $ 1,588.93 $ 1,588.93 $ 1,588.93 $ 4,766.79 Year13 $ 1,580.98 $ 1,580.98 $ 1,580.98 $ 4,742.95 Year14 $ 1,573.08 $ 1,573.08 $ 1,573.08 $ 4,719.24 Year15 $ 1,565.21 $ 1,565.21 $ 1,565.21 $ 4,695.64 Year16 $ 1,557.39 $ 1,557.39 $ 1,557.39 $ 4,672.16 Year17 $ 1,549.60 $ 1,549.60 $ 1,549.60 $ 4,648.80 Year18 $ 1,541.85 $ 1,541.85 $ 1,541.85 $ 4,625.56 Year19 $ 1,534.14 $ 1,534.14 $ 1,534.14 $ 4,602.43 Vear20 $ 1,526.47 $ 1,526.47 $ 1,526.47 $ 4,579.42 Year21 $ 1,518.84 $ 1,518.84 $ 1,518.84 $ 4,556.52 Year22 $ 1,511.25 $ 1,511.25 $ 1,511.25 $ 4,533.74 Year23 $ 1,503.69 $ 1,503.69 $ 1,503.69 $ 4,511.07 Year24 $ 1,496.17 $ 1,496.17 $ 1,496.17 $ 4,488.52 Year25 $ 1,488.69 $ 1,488.69 $ 1,488.69 $ 4,466.07 25 Year Total $ 39,550.44 $ 39,550.44 $ 39,550.44 $ 118,651.33 *Solar garden electric savings analysis is an estimate only. Variations will depend upon amount of allocation, available gardens, space in available gardens, permit approvals from cities and counties, interconnection agreement with Xcel Energy, and terms agreed upon with financial partner. **These solar gardens are offered by BHE Renewables, not Xcel Energy. Xcel Energy is not affiliated or otherwise legally associated with BHE Renewables and your subscription contract, and all terms and conditions are with BHE Renewables, not with Xcel Eneray. 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 554351 P 952.988.9000 1 F 952.988.9001 www.geronimoenergy.com/solargardens SOLAR GARDEN SUBSCRIPTION AGREEMENT This Solar Garden Subscription Agreement ("Agreement") is entered into as of the day of , 2016 (the "Effective Date") by and among Geronimo Energy, LLC, a Delaware limited liability company and BHE Renewables, LLC, a Delaware limited liability company ("Owner"), and City of Stillwater, a Minnesota Municipal Corporation, Home Rule Charter City of Stillwater, Minnesota (the "Subscriber"). In this Agreement, Owner and Subscriber are sometimes referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Owner intends to develop, operate and maintain a photovoltaic generation facility qualified as a "Community Solar Garden" pursuant to Minn. Stat. 216B.1641 ("CSG Program") to be located at 36320 Kost Trail, North Branch, MN 55056 (the "Facility") and has entered or will enter into a Standard Contract for Solar Rewards Community ("CSG Contract") with the local electric distribution company (the "LDC"). The designed capacity of the Facility shall be approximately 1,000 kWAc (1,279 kWDc) (subject to adjustment as described herein, the "Facility Capacity"); B. The energy produced by the Facility will be delivered by Owner via interconnection of the Facility to the electric grid, to the LDC, which will calculate the monetary value of the energy received from the Facility per applicable utility tariff and convert that amount into credits per kilowatt hour (the "Bill Credit Rate" as defined in the CSG Contract) on the bills from LDC to the subscribers of Owner ("Credits"); C. Owner will, in accordance with the terms hereof, and through the administrative process established by the LDC as approved by the Minnesota Public Utilities Commission ("MPUC"), allocate and sell the right to receive Credits to its subscribers according to their respective Allocations (as defined below); D. Subscriber is an LDC customer (Premise. No. 303833220 and desires to purchase Credits from Owner in proportion to its expected consumption of electricity at 216 4th Street N, Stillwater, MN 55082 ("Customer Site"). NOW, THEREFORE, in consideration of the foregoing recitals, the mutual premises, representations, warranties, covenants, conditions herein contained, and the Exhibits attached hereto, Subscriber and Owner agree as follows. 1. Term. The term of this Agreement shall commence on the Effective Date, and, unless terminated earlier pursuant to the provisions hereof, shall terminate on the 25th anniversary of the Commercial Operation Date (as defined below) (the "Term"). The Term shall not be extended by virtue of any period of disconnection or event of Force Majeure experienced by the Facility. 2. Operation of the Facility. a. Owner shall operate the Facility during the Term so as to deliver all energy generated by the Facility to LDC in accordance with the CSG Contract and applicable LDC tariffs. 1 b. Owner shall maintain the Facility in good working order at all times during the Term, and shall operate the Facility in a manner reasonably intended to maximize the amount of Credits allocable to Subscriber, consistent with good custom and practice for operation of utility generating facilities. 3. Sale and Purchase of Credits; Allocation. a. Owner shall promptly notify Subscriber of the Date of Commercial Operation of the Facility as established pursuant to the CSG Contract ("Commercial Operation Date"). In the event that the Commercial Operation Date is not achieved by December 31, 2017, and any of the following events or circumstances occur, either Party may terminate this Agreement, without liability, upon delivery of such notice to the other Party: i. after timely application to the LDC (or other applicable distribution service provider whose system the Facility connects to deliver energy (the "Distribution Provider") and commercially reasonable efforts to secure interconnection services, Owner has not received written confirmation and evidence that interconnection services will be available for the energy generated by the Facility at the Facility Capacity; or ii. if the LDC or another party with the authority to do so disqualifies Owner or the Facility from participating in the CSG Program. b. Owner shall allocate a portion of Facility Capacity to Subscriber consisting of 67.570 kWnc (subject to update by Owner in connection with finalizing the Facility Capacity) equal to five and three tenths percent (5.3%) of Facility Capacity (the "Allocation"). Owner shall provide to LDC the Allocation along with Subscriber's name, LDC account number(s), and service address(es) ("Subscriber Data"). c. Owner shall sell to Subscriber and Subscriber shall purchase from Owner, the right to receive an amount of Credits calculated on the basis of that portion of the total kilowatt hours (in AC) delivered by the Facility to LDC which corresponds to the Allocation. The Allocation shall be effective for each and every LDC Production Month (as defined in the CSG Contract) during the Term. Owner shall post Credits to Subscriber's account monthly for invoicing pursuant to Section 4 of this Agreement ("Subscriber's Monthly Credits"). Thus, where x = # of Credits, y = kWhAc delivered in a Production Month, and a = Allocation, x = y x a. 4. Price and Payment. a. For the right to receive Credits generated by the Facility each month, Subscriber shall pay to Owner an amount equal to the product of (i) the corresponding Subscriber's Monthly Credits, and (ii) the Bill Credit Rate then applicable to the LDC's Solar Rewards Community Program minus one cent ($.01) (the "Monthly Allocation Payment"). b. Beginning with the second calendar month following the Commercial Operation Date, Owner shall invoice Subscriber, utilizing Subscriber's preferred invoicing service, for the Monthly Allocation Payment for the Credits posted to Subscriber's account since the prior invoice date. Subscriber shall make its payments to Owner no later than thirty (30) 2 days following receipt of the applicable invoice. Owner shall include with each invoice, a copy of the LDC statement delivered to Owner that indicates the kWhAc upon which the LDC calculates the Credit to Subscriber. 5. Records and Audits. a. Upon request by Subscriber, Owner shall provide (i) evidence of the accuracy of its metering equipment for the Facility and/or (ii) such other information and records requested by Subscriber to enable Subscriber to verify the accuracy of the Credits awarded by the LDC and any other calculation and/or measurements described in this Agreement. b. Owner shall provide reports to Subscriber (i) monthly, containing the energy produced by the Facility, and (ii) annually, containing an audited financial statement of Owner, and a current statement of management, financing parties, and operatorship of Owner. Subscriber may provide comments to Owner on the accuracy and completeness of the annual reports, and shall provide a copy of any such comments to LDC. c. As required by Minnesota Statutes, section 16C.05, subdivision 5, the records, books, documents, and accounting procedures and practices of Owner and of any subcontractor of Owner relating to work performed pursuant to this Agreement shall be subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor as described in such subdivision. Owner and any subcontractor of Owner shall permit, upon reasonable advance written notice, the Subscriber or its designee to inspect, copy, and audit its accounts, records, and business documents at any reasonable time during regular business hours, as they may relate to the performance under this Agreement. Audits conducted by the Subscriber under this provision shall be in accordance with generally accepted auditing standards. 6. Taxes. a. Subscriber shall be solely liable for sales or similar taxes imposed by a governmental entity, if any, attributable to the sale of Credits allocated to the Subscriber. b. Subscriber shall have no interest in and have no entitlement to claim any investment tax credit or other tax benefits related to ownership of the Facility. 7. Representations, Warranties and Covenants. a. Each Party represents and warrants to the other Party: i. The Party is duly organized, validly existing, and in good standing in the jurisdiction of its organization and is qualified to do business in the State of Minnesota; ii. The Party has full legal capacity to enter into and perform this Agreement; iii. The execution of the Agreement has been duly authorized, and each person executing the Agreement on behalf of the Party has full authority to do so and to fully bind the Party; and 3 iv. To the best of its knowledge, there is no litigation, action, proceeding or investigation pending before any court or other Governmental Authority by, against, affecting or involving its ability to carry out the transactions contemplated herein. b. Owner represents, warrants, and covenants to Subscriber: i. Owner has, or in the ordinary course will obtain, all licenses, permits and any other required documents to construct and operate the Facility; ii. Owner shall perform its obligations under the CSG Contract and otherwise comply with all provisions of the CSG Program and other applicable tariffs. iii. Except as may be required by law or regulation, or with Subscriber's consent, Owner will not publicly disclose Subscriber's LDC account information, energy usage data, or Credits. c. Subscriber represents, warrants, and covenants to Owner: i. Subscriber's average annual energy consumption for its subscribing account(s) over the two year period prior to the Effective Date is 478,960 kWhAc; ii. Subscriber shall not install or procure any other distributed generation resource(s) serving Subscriber's premises to which energy is delivered by LDC under Account No. 51-6625363-8, which resource(s), when combined with the Allocation, may generate energy (including energy upon which the Credits are based) exceeding one hundred twenty percent (120%) of Subscriber's average annual energy consumption over the twenty-four (24) months prior to such installment or procurement. iii. Within thirty (30) days of request by Owner, which request shall be made not sooner than the date of commencement of construction of the Facility, Subscriber shall complete, execute, and deliver to Owner the Subscriber Agency Agreement in the form attached hereto as Exhibit A. Upon execution, all of the information and statements of Subscriber provided therein shall be accurate. iv. Subscriber understands and agrees it will have no interest in or entitlement to (a) benefits or derivatives of "Unsubscribed Energy" or "RECs" associated with the Facility as each is defined in the CSG Contract; and (b) incentives under the MN Department of Commerce's Made in Minnesota program and LDC's Solar Rewards program associated with the Facility. 8. Performance Guarantee. Owner hereby guarantees that in every period of two consecutive calendar years during the Term, beginning with the first full calendar year, Owner will provide Credits from operation of the Facility in an amount not less than ninety percent (90%) of Expected Deliveries (weather adjusted) which will be set forth on Exhibit B hereto (the "Guaranteed Performance") not later than the date of commencement of construction of the Facility. Owner shall pay Subscriber one cent ($.01) per Credit to the extent the actual number of Credits purchased by Subscriber during any such two year period (the "Measurement Period") is less than the Guaranteed Performance for the entire Measurement Period (combining 4 the Expected Deliveries for both calendar years). Such payment shall be Subscriber's sole remedy for default by Owner under this Section 8. Owner shall have no liability under this Section 8 if the Facility's failure to achieve Guaranteed Performance is due to an event of Force Maj eure. 9. Default. a. Events of Default. The following shall each constitute an Event of Default by a Party: i. The Party fails to make any material payment due under this Agreement within thirty (30) days after delivery of notice from the other Party that such payment is overdue. ii. The Party materially fails to perform or comply with any material representation, warranty, obligation, covenant or agreement set forth in this Agreement and such failure continues for a period of thirty (30) days after delivery of notice thereof from the other Party. iii. The Party is subject to a petition for dissolution or reorganization, voluntary or involuntary, under the U.S. Bankruptcy Code. b. Force Majeure. Except as specifically provided herein, if by reason of Force Majeure, a Party is unable to carry out, either in whole or in part, any of its obligations herein contained, such Party shall not be deemed to be in default during the continuation of such inability, provided that: (i) the non-performing Party, within a reasonable time after the occurrence of the Force Majeure event, gives the other Party notice describing the particulars of the occurrence and the anticipated period of delay; (ii) the suspension of performance be of no greater scope and of no longer duration than is required by the Force Majeure event; (iii) no obligations of the non-performing Party which were to be performed prior to the occurrence causing the suspension of performance shall be excused as a result of the occurrence; and (iv) the non-performing Party shall use reasonable efforts to remedy the cause(s) preventing it from carrying out its obligations. "Force Majeure" as used in this Agreement shall mean an event or circumstances beyond the reasonable control of a Party and not resulting from the Party's negligence, including, but not limited to fire, acts of God, earthquake, flood or other casualty or accident; break down or failure of the Distribution Provider's electric distribution system; serial equipment defect; strikes or labor disputes; war, civil strife or other violence; and any law, order, proclamation, regulation, ordinance, action, demand or requirement of any government agency or utility. Either Party may terminate this Agreement upon 15 days' written notice to the other Party if any event of Force Majeure affecting such other Party has been in existence for a period of 180 consecutive days or longer, unless such event of Force Majeure expired before the end of the 15 day notice period. 5 10. Remedies; Limitation of Liability; Waiver. a. Remedies. Subject to the limitations set forth in this Agreement, the Parties each reserve and shall have all rights and remedies available to it at law or in equity with respect to the performance or non-performance of the other Parties hereto under this Agreement. Under no circumstances shall Owner's liability for breach of this Agreement exceed, in any one calendar year, an amount equal to (i) the Allocation percentage times (ii) $15,000; provided, however that such limitation shall not apply to damages arising out of the sale or allocation by Owner to a third party of the Credits allocated and committed to Subscriber hereunder. For example, if the Allocation is 40%, then the limit described in the preceding sentence shall equal 40% x $15,000 or $6,000 total. b. Owner Damages. In the event of Subscriber's breach, repudiation, or termination of this Agreement in violation of the provisions hereof, Owner shall be entitled to recover from Subscriber (subject to Owner's duty to mitigate damages including its duty to try and find a replacement subscriber): (i) the unpaid Monthly Allocation Payments due at the time of termination; and (ii) Owner's actual, reasonable, and verifiable damages resulting from Subscriber's breach. Any post -termination Monthly Allocation Payments that may qualify as damages under this section, will be calculated based upon the Schedule of Expected Deliveries of Credits (Exhibit B, hereto), and the Bill Credit Rate at the time of Subscriber's breach of this Agreement. c. Limitation of Liability. EXCEPT AS EXPRESSLY ALLOWED HEREIN, NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY CHARACTER, RESULTING FROM, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY INCIDENT TO ANY ACT OR OMISSION OF A PARTY RELATED TO THE PROVISIONS OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER CLAIMS OR ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY. d. Exclusions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 10, THE LIMITATIONS OF THIS SECTION 10 DO NOT APPLY TO A CLAIM FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; FOR FAILURE TO COMPLY WITH LAWS; FOR INDEMNIFICATION; FOR BREACH OF CONFIDENTIALITY OR FOR INTELLECTUAL PROPERTY INFRINGEMENT. 11. Early Termination. a. Either Party may terminate this Agreement on notice thereof to Subscriber in the event that Owner is unable to obtain financing for the Facility on commercially reasonable terms on or before December 31, 2017. b. If Owner fails to perform under this Agreement due to an event of Force Majeure that lasts more than twelve (12) months or fails to restore the Facility to full operation at Capacity within twelve (12) months following an event of Force Majeure causing damage to the Facility, Subscriber shall have the right to terminate this Agreement by giving Owner at least 6 sixty (60) days prior notice of its intent to terminate based on such failure(s). Any such notice of termination shall be given within three (3) months of such failure(s). In the event of termination pursuant to this Section 11(b), Owner shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the six month period following the expiration of such twelve (12) month period. c. In the event (i) the CSG Contract is terminated based on Owner's breach thereof or (ii) Owner materially breaches its obligations of performance in this Agreement and such breach is not cured within thirty (30) days after Owner receives written notice of such breach from Subscriber (provided, however, that if such breach is not capable of being cured within such thirty -day period and Owner has commenced and diligently continued actions to cure such breach within such thirty -day period, the cure period shall be extended to 180 days, so long as Owner is making diligent efforts to do so), then Subscriber may terminate this Agreement as provided in this Section 11. In the event of a termination by Subscriber described in the preceding sentence, Owner shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the calendar year following termination according to the Schedule of Expected Deliveries, Exhibit B. d. The Parties agree that actual damages in the event of termination of this Agreement as specified in Sections 11(b) and 11(c), would be difficult to calculate and that the liquidated damages specified herein are a reasonable approximation of such actual damages. 12. Assignment. No Party shall assign or in any manner transfer this Agreement or any part thereof except in connection with (a) Subscriber's assignment to a party approved in advance by Owner, with such approval not unreasonably withheld, on the bases of (i) creditworthiness, (ii) the party's eligibility under the Solar Rewards Community Program, (iii) Subscriber's payment to Owner of seven hundred fifty dollars ($750) to cover Owner's administrative expenses associated with the transfer (the "Transfer Fee") and (iv) other factors evidencing an increase in a material risk of a breach of this Agreement, (b) Owner's assignment of this Agreement to any Affiliate that owns or, by long-term lease, controls the Facility, provided that such Affiliate has the same or better credit strength and has agreed in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights hereunder; (c) Owner's collateral assignment of this Agreement to any financial institution that provides financing for the Facility (including a financial institution that enters into a sale/leaseback transaction with respect to the Facility) that has agreed in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights hereunder upon the foreclosure or conveyance in lieu thereof, and, in connection with any collateral assignment of this Agreement, Subscriber agrees to comply with the lender accommodations set forth in Exhibit C to this Agreement; (d) Owner's assignment of this Agreement, prior to the Commencement of Operations Date, to another operator/owner of a community garden facility, in the same County and qualified under the Solar Rewards Community Program which has sufficient capacity to accept Subscriber's Allocation, has the same or better credit strength, and agrees in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights hereunder; or (e) Subscriber's assignment of this Agreement to any of its Affiliates or successor entity if the Minnesota legislature reassigns responsibility for the services provided by Metropolitan Council (without change of service address) provided that such Affiliate or successor entity has the same or better credit strength. 7 13. Miscellaneous. a. LDC Disputes. Owner shall be solely responsible for resolving any dispute with LDC regarding the production of energy by the Facility. Subscriber shall be solely responsible for resolving any dispute with LDC regarding the calculation of the Bill Credit Rate. b. Notices. i. All notices and other formal communications which any Party may give to another under or in connection with this Agreement shall be in writing (except where expressly provided for otherwise), shall be deemed delivered upon mailing, deposit with a courier for hand delivery, or electronic transmission, and shall be sent by any of the following methods: hand delivery; reputable overnight courier; certified mail, return receipt requested; or email transmission. ii. Subscriber shall promptly notify Owner of any changes in Subscriber Data. The notices and communications shall be sent to the following addresses: If to Owner: BHE Renewables, LLC Program Manager — MN Community Solar Gardens 1850 N. Central Ave. Suite 1025 Phoenix, AZ 85004 BHERenewables@bherenewables.com 515-252-6677 If to Subscriber: City of Stillwater 216 4th Street N. Stillwater, MN 55082 c. Severability. If any term, covenant or condition in the Agreement shall, to any extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the Agreement shall not be affected thereby, and each term, covenant or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law, unless such invalidity or unenforceability frustrates or negates an essential purpose of this Agreement. d. Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Minnesota without reference to any choice of law principles. e. Dispute Resolution. 8 i. Amicable Settlement. The Parties shall attempt in good faith to resolve all disputes arising in connection with the interpretation or application of the provisions of this Agreement or in connection with the determination of any other matters arising under this Agreement by mutual agreement. ii. Continuation of Performance. During the pendency of any dispute hereunder, the Parties shall continue to perform their respective obligations under this Agreement. iii. Equitable Relief. Nothing in this Agreement shall be construed to preclude either Party from seeking or obtaining urgent equitable or injunctive relief from a court of law in relation to this Agreement. iv. Venue and Jurisdiction. The Parties agree that the courts of the State of Minnesota and the Federal Courts sitting therein shall have jurisdiction over any action or proceeding arising under the Agreement to the fullest extent permitted by Applicable Law. f. Insurance. With respect to the services provided pursuant to this Agreement, Owner shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following insurance coverages and limits: i. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage $1,500,000 ii. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory (If Owner is based outside the state of Minnesota, coverage must comply with Minnesota Law). iii. Employer's Liability. Bodily injury by: Accident—Each Accident $500,000 Disease—Policy Limit $500,000 Disease—Each Employee $500,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. 9 The above establishes minimum insurance requirements. It is the sole responsibility of Owner to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, Owner shall promptly submit copies of insurance policies to Subscriber. iv. Owner shall not commence work until it has obtained required insurance and filed with Subscriber a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Subscriber as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under this Agreement. Owner shall furnish to Subscriber updated certificates during the term of this Agreement as insurance policies expire. g. Compliance with Law. Owner shall comply with all laws (including common laws), ordinances, codes, rules and regulations (collectively, "Laws") regarding Owner's obligations and performance under this Agreement. Owner shall obtain and maintain any and all permits, licenses, bonds, certificates and other similar approvals required in connection with this Agreement. In the event of an allegation that Owner has failed to comply with any Laws or failed to obtain any and all permits, licenses, bonds, certificates and/or any other similar approvals required in connection with this Agreement, Owner shall pay any fines or penalties imposed upon Subscriber as a result of such failure and shall reimburse Subscriber for any expenses (including attorneys' fees) incurred by Subscriber in responding to such allegation. h. Entire Agreement. This Agreement, and all documents referenced herein, contain the entire agreement between Parties with respect to the subject matter hereof, and supersede all other understandings or agreements, both written and oral, between the Parties relating to the subject matter hereof. i. No Joint Venture. Each Party will perform all obligations under this Agreement as an independent contractor. Nothing herein contained shall be deemed to constitute any Party a partner, agent or legal representative of another Party or to create a joint venture, partnership, agency or any relationship between the Parties. The obligations of Subscriber and Owner hereunder are individual and neither collective nor joint in nature. j. Amendments; Binding Effect. This Agreement may not be amended, changed, modified, or altered unless such amendment, change, modification, or alteration is in writing and signed by each Party to this Agreement or its successor in interest. This Agreement inures to the benefit of and is binding upon the Parties and their respective successors and permitted assigns. k. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. 1. Further Assurances. From time to time and at any time at and after the execution of this Agreement, each Party shall execute, acknowledge and deliver such documents and assurances, reasonably requested by the other for the purpose of effecting or confirming any of the transactions contemplated by this Agreement. m. Survival. The provisions of Sections 10, (Remedies, Limitation of 10 Liability; Waiver), 13(c) (Severability), 13(d) (Governing Law), and 13(e) (Dispute Resolution) shall survive the expiration or earlier termination of this Agreement for a period of six (6) years thereafter. n. No Third -Party Beneficiaries. This Agreement is intended solely for the benefit of the Parties hereto. Except as expressly set forth in this Agreement, nothing in this Agreement shall be construed to create any duty to or standard of care with reference to, or any liability to, or any benefit for, any person not a party to this Agreement. o. Confidentiality. Each Party agrees that it will not disclose Not Public Data (as hereinafter defined), directly or indirectly, under any circumstances or by any means (excluding disclosures to the LDC or as are required as a participant in the CSG Program), to any third person without the express written consent of the other Party unless such disclosure is permitted by the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, or required by applicable Law. "Not Public Data" means, not public data as defined in Minnesota Statutes § 13.02, subd. 8a (2014). P. Data Practices. i. Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on individuals is made available to Owner by the Subscriber under this Agreement, Owner will administer and maintain any such data in accordance with Minnesota Statutes, Chapter 13 (the "Minnesota Government Data Practices Act"), and any other statutory provisions applicable to the data. If and to the extent that Minnesota Statutes, section 13.05, subdivision 11, is applicable to this Agreement, then: (A) all of the data created, collected, received, stored, used, maintained, or disseminated by Owner in performing this Agreement are subject to the requirements of the Minnesota Government Data Practices Act; (B) Owner must comply with those requirements as if it were a government entity; and (C) the remedies in Minnesota Statutes, section 13.08 apply to Owner. ii. Consistent with Minnesota Statutes, section 13.055, if "private data on individuals," "confidential data on individuals" or other "not public data" are provided to or made accessible to Owner by the Subscriber, Owner must: (A) have safeguards to ensure private or confidential data on individuals or other not public data are only accessible or viewable by Owner employees and agents whose work assignments in connection with the performance of this Agreement reasonably require them to have access to the data; (B) immediately notify the Subscriber of any unauthorized access by Owner employees and agents, and unauthorized access by third parties; (C) fully cooperate with Subscriber investigations into any breach in the security of private or confidential data on individuals or other not public data that may have occurred in connection with Owner's access to or use of the data; and (D) fully cooperate with the Subscriber in fulfilling the notice and reporting requirements of Minnesota Statutes, section 13.055. The penalties in Minnesota Statutes, section 13.09 governing unauthorized acquisition of not public data apply to Owner and Owner employees and agents. If Owner is permitted to use a subcontractor to perform Owner's work under this Agreement, Owner shall incorporate these data practices provisions into the subcontract. 11 iii. If Owner receives a request to release data referred to in this section, Owner must immediately notify the Subscriber. The Subscriber will give Owner instructions concerning the release of the data to the requesting party before the data is released. The remainder of this page is intentionally blank 12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF STILLWATER By: Name: Theodore Peter Kozlowski Title: Mayor GERONIMO ENERGY, LLC By: Name: Jeffrey R. Ringblom Title: Vice President of Finance and Accounting BITE RENEWABLES, LLC By: Name: Eric Besseling Title: Authorized Representative 13 EXHIBIT A Subscriber Agency Agreement and Consent Forin 14 Solar*Rewards Community Subscriber Agency Agreement and Consent Form The undersigned ("Subscriber") has a Subscription to the following Community Solar Garden: Community Solar Garden Name: Community Solar Garden Address: Community Solar Garden Operator: Community Solar Garden contact information for Subscriber questions and complaints: Address (if different from above): 1850 N. Central Avenue, Suite 1025, Phoenix, AZ 58004 Telephone number: 515-252-6677 Email address: BHERenewables@bherenewables.com Web Site URL: http://www.bherenewables.com Subscriber Name: City of Stillwater Subscriber's Account Number with Northern States Power Company: 51-6625363-8 Subscriber Service Address where receiving electrical service from Northern States Power Company: 216 4th Street N, Stillwater, MN 55082 15 By signing this Solar Rewards Community Subscriber Agency Agreement and Consent Form, the Subscriber agrees to all of the following: 1. Assignment of Renewable Energy Credits ("RECs"), Energy and Capacity to Northern States Power Company, a Minnesota corporation. The Subscriber agrees that the Community Solar Garden Operator has authority to assign all energy produced and capacity associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company, and the Subscriber agrees that all energy produced, and capacity associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. The Subscriber also agrees that the Community Solar Garden Operator has authority to assign all RECs associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company, and that if the Community Solar Garden or a person or entity on its behalf has assigned the RECs to Northern States Power Company, then all RECs associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. 2. Tax Implications. The Community Solar Garden Operator has provided the Subscriber with a statement that Northern States Power Company makes no representations concerning the taxable consequences to the Subscriber with respect to its Bill Credits to the Subscriber or other tax issues relating to participation in the Community Solar Garden. 3. Northern States Power Company hereby discloses to the Subscriber that it recognizes that not all production risk factors, such as grid -failure events or atypically cloudy weather, are within the Community Solar Garden Operator's control. 4. Information Sharing. Participating in the Solar*Rewards Community Program will require sharing Subscriber's Account Information (name, account number, service address, telephone number, email address, web site URL, information on Subscriber participation in other distributed generation serving the premises of the Subscriber, Subscriber specific Bill Credit(s)) and Subscriber's Energy Use Data (the past, present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden). The following outlines the type of information that will be shared, and how that information will be used. a. Subscriber's Account Information and Subscriber Energy Usage Data. The Subscriber authorizes Northern States Power Company to provide the Community Solar Garden Operator (and the Community Solar Garden Operator's designated subcontractors and agents) with the Subscriber's Account Information and Subscriber's Energy Usage Data as described in Section 4 above. This information is needed to allow the Community Solar Garden Operator determine the extent to which the Subscriber is entitled to participate in the Community Solar Garden, and to validate the amount of the Bill Credits to be provided by Northern States Power Company to the Subscriber. The current data privacy policies of Northern States Power Company applicable to its Solar*Rewards Community Program provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above are attached as Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form. These 16 privacy policies include definitions of "Subscriber's Account Information" and "Subscriber's Energy Usage Data." b. Subscriber's Subscription Information: The Subscriber authorizes the Community Solar Garden Operator to provide information to Northern States Power Company identifying the Subscriber (with the Subscriber's name, service address, and account number) and detailing the Subscriber's proportional share in kilowatts of the Community Solar Garden and to provide additional updates of this information to Northern States Power Company as circumstances change. This information is needed to allow Northern States Power Company to properly apply Bill Credits for the photovoltaic energy generated by the Community Solar Garden. Also, this information is needed to allow Northern States Power Company to send to the Subscriber notices or other mailings pertaining to their involvement in the Solar*Rewards Community Program. The Community Solar Garden Operator shall not disclose Subscriber information in annual reports or other public documents absent explicit, informed consent from the Subscriber. The Community Solar Garden Operator will not release any Subscriber data to third parties except to fulfill the regulated purposes of the Solar*Rewards Community Program, to comply with a legal or regulatory requirement, or upon explicit, informed consent from the Subscriber. c. Aggregate Information. Aggregate information concerning production at the Community Solar Garden may be publicly disclosed to support regulatory oversight of the Solar*Rewards Community Program. This includes annual reports available to the public related to specific Community Solar Gardens, including but not limited to production from the Community Solar Gardens; size, location and the type of Community Solar Garden subscriber groups; reporting on known complaints and the resolution of these complaints; lessons learned and any potential changes to the Solar*Rewards Community Program; reporting on Bill Credits earned and paid; and reporting on the application process. Aggregated information will not identify individual Subscribers or provide Subscriber -Specific Account Information, Subscriber -Specific Energy Usage Data or Subscriber -specific Bill Credits unless a Subscriber provides explicit informed consent. Depending on the nature of the aggregated information, however, it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. The Subscriber agrees to the inclusion of its production information in the creation of the aggregated information. The Community Solar Garden Operator will not use aggregated information for purposes unrelated to the Solar*Rewards Community Program without first providing notice and obtaining further consent, unless the aggregated information is otherwise available as public information. The policies of Northern States Power Company related to sharing aggregated information are part of the data privacy policies contained in the attached Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form and should be provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above. d. Information Requests from the MPUC or the Department of Commerce. The Subscriber agrees that the Community Solar Garden Operator and Northern States Power Company are authorized to provide any information they possess related to the 17 Subscriber or the Subscriber's participation in the Community Solar Garden to the Minnesota Public Utilities Commission (MPUC), the Minnesota Department of Commerce, or the Minnesota Office of Attorney General. This information is needed to allow proper regulatory oversight of Northern States Power Company and of the Solar*Rewards Community Program. e. Liability Release. Northern States Power Company shall not be responsible for monitoring or taking any steps to ensure that the Community Solar Garden Operator maintains the confidentiality of the Subscriber's Account Information, the Subscriber's Energy Usage or the Bill Credits received pertaining to the Subscriber's participation in the Community Solar Garden. However, Northern States Power Company shall remain liable for its own inappropriate release of Subscriber's Account Information and Subscriber's Energy Use Data. f. Duration of Consent. The Subscriber's consent to this information sharing shall be ongoing for the Term of the CSG Contract between the Community Solar Garden Operator and Northern States Power Company, or until the Subscriber no longer has a Subscription to the Community Solar Garden and the Community Solar Garden Operator notifies Northern States Power Company of this fact through the CSG Application System. Provided, however, the Subscriber's consent shall also apply thereafter to all such information of the Subscriber pertaining to that period of time during which the Subscriber had a Subscription to the Community Solar Garden. g. Modification. The above provisions addressing data privacy and in Exhibit 1 shall remain in place until and unless other requirements are adopted by the MPUC in its generic privacy proceeding, Docket No. E,G999/CI-12-1344, or other MPUC Order. Northern States Power Company shall file necessary revisions to its tariffs and contracts within thirty (30) days of such Order. Subscriber's Name: Subscriber's Signature: Date: City of Stillwater Theodore Peter Kozlowski, Mayor 18 Form of Geronimo Community Solar Garden Subscription Agreement as of April 15, 2015 Exhibit 1 to Solar*Rewards Community Subscriber Agency Agreement and Consent Form Data Privacy Policies of Northern States Power Company Pertaining to the Solar*Rewards Community Program The data privacy policies of Northern States Power Company pertaining to the Solar*Rewards Community Program are as follows and may be changed from time to time as filed in the Company's tariff or as otherwise may be authorized by the Minnesota Public Utilities Commission ("MPUC"): Definitions Unless indicated otherwise, the same definition and meaning of terms in this document are the same as contained in the Standard Contract for Solar*Rewards Community. For ease of reference, here are some of the specific definitions: "Company" means Northern States Power Company, a Minnesota Corporation. and its affiliates and agents. "Subscribed Energy" means electricity generated by the PV System attributable to the Subscribers' Subscriptions and delivered to the Company at the Production Meter on or after the Date of Commercial Operation. "Subscriber" means a retail customer of the Company who owns one or more Subscriptions of a community solar garden interconnected with the Company. "Subscriber's Account Information" consists of the Subscriber's name, account number, service address, telephone number, email address, web site URL, information on Subscriber participation in other distributed generation serving the premises of the Subscriber, and Subscriber specific Bill Credit(s). "Subscriber's Energy Usage Data" includes the past, present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden. 19 Overview This section addresses how Subscriber's Account Information and Subscriber's Energy Usage Data will be collected, used and shared as part of participation in the Solar*Rewards Community Program. 1. How Subscriber's Account Information and Energy Usage Data Will Be Exchanged a. Subscriber Specific Information Once a Subscriber has executed a Subscriber Agency Agreement and Consent Form, an ongoing data exchange will occur between the Company and a Community Solar Garden Operator (and their designated subcontractors and agents): (i) The Company will disclose the following Subscriber -specific information to the Community Solar Garden Operator: • Subscriber's Account Information • Subscriber's Energy Usage Data • Bill credits (ii) The Community Solar Garden Operator will disclose to the Company the following Subscriber -specific information: • Subscriber's Account Information • Community Solar Garden Allocation for each Subscriber's Subscription stated in kW • Production data related to the PV System • Monthly Subscription Information b. Aggregated Subscriber Information Aggregated Subscriber information will be reported as part of Permitted Public Reporting, outlined in Section 2(b) below. To be considered "aggregated" the reported information must include information attributable to all Subscribers participating in a specific Solar*Rewards Community program site, which based on program requirements will contain a minimum of five Subscribers. Depending on the nature of the aggregated information, however, from this information alone or in combination with other publicly available information it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. 20 2. How Subscriber's Information Will Be Used The following outlines how the Subscriber's Account Information and Subscriber Energy Usage Data will be used as part of the Solar*Rewards Community Program. a. Program Management As part of administering the Solar*Rewards Community program, the Solar Garden Operator and the Company may provide information related to the Subscriber and/or the Community Solar Garden to: • the MPUC • the Minnesota Depaitinent of Commerce • the Minnesota Office of Attorney General • Other governmental or private entities as required by law or regulation Account Information and Subscriber's Energy Usage Data to service providers, agents, or contracted agents who support the program on its behalf. The Company prohibits these service providers from using or disclosing the Subscriber's information except as necessary to perform these specific services or to comply with legal requirements. More information about the Company's general privacy practices is explained in its Privacy Policy available on www.xcelenergy.com. b. Permitted Public Reporting The Subscriber's Energy Usage Data of each participating Subscriber to a Community Solar Garden will be combined and reported in the aggregate by the Community Solar Garden Operator in its annual report on the Solar*Rewards Community program. The identity of specific Subscribers, the specific Subscriber's Account Information, Subscriber's Energy Usage Data and Subscriber -specific Bill Credit will not be listed in the public annual report unless the Subscriber has provided the Community Solar Garden Operator with prior written consent. Per the requirements of the MPUC, the Company will provide to the MPUC annual reports which will include information or data requested by the MPUC or Minnesota Dept tuient of Commerce, including the following: • Reporting on Solar*Rewards Community program costs, including an analysis of the deposit, application, participation and metering fees and further justification for these fees going forward; • Reporting on the Solar*Rewards Community Gardens, including but not limited to size, location and the type of Solar*Rewards Community subscriber groups; • Reporting on known complaints and the resolution of these complaints; 21 • A copy of each contract signed with a Community Solar Garden Operator, if not previously filed; • Lessons learned and any potential changes to the program; • Report on bill credits earned and paid; and the • Application process c. Prohibited Reporting or Sharing Except as otherwise provided in this document, the Company will not disclose the Subscriber's Account Information, Subscriber's Energy Usage Data or Subscriber -specific Bill Credits to a third party without first obtaining the Subscriber's written consent. Any requests by the Community Solar Garden Operator to the Company for information about a Subscriber that is not Subscriber's Account Information or Subscriber's Energy Usage Data will require execution of a separate written consent by the Subscriber. Notwithstanding the previous statement, the Company will not provide the Community Solar Garden Operator with the Subscriber's Social Security Number unless directed to do so by the MPUC or Minnesota Depai liiient of Commerce or compelled by law or regulation. 3. Subscriber Data Access and Correction The following outlines what information is available to the Subscriber from the Company and the Community Solar Garden Operator, and methods of correcting any inaccuracies. a. Information Available from the Company Subscribers can contact the Company's call center to obtain information pertaining to their specific Bill Credit attributable to their participation in Solar*Rewards Community Program. The correction of any allocation of previously -applied Bill Credits among Subscribers or payments to the Community Solar Garden Operator for Unsubscribed Energy, pertaining to a particular month due to any inaccuracy reflected in such Monthly Subscription Information with regard to a Subscriber's Subscription in the PV System and the beneficial share of photovoltaic energy produced by the PV System, or the share of Unsubscribed Energy, shall be the full responsibility of the Community Solar Garden Operator, unless such inaccuracies are caused by the Company . Subscribers may also obtain from the Company the following information related to the Solar*Rewards Community Program without obtaining written consent from the Community Solar Garden Operator: • Site location • Operator name • Nameplate capacity 22 • Production data related to the PV system • Bill Credit Rate and total amount of Bill Credits applied to the PV System • Any other information pertaining to the Subscriber's Subscription Other information regarding the Community Solar Garden Operator known to the Company will not be disclosed unless the Subscriber obtains prior explicit informed consent from the Community Solar Garden Operator or unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. b. Information Available from the Community Solar Garden Operator Subscribers and prospective subscribers can contact the Community Solar Garden Operator to obtain the following information: • Future costs and benefits of the Subscription, including: i. All nonrecurring (i.e., one-time) charges; ii. All recurring charges; iii. Terms and conditions of service; iv. Whether any charges may increase during the course of service, and if so, how much advance notice is provided to the Subscriber; v. Whether the Subscriber may be required to sign a term contract; vi. Terms and conditions for early termination; vii. Any penalties that the Community Solar Garden may charge to the Subscriber; viii. The process for unsubscribing and any associated costs; ix. An explanation of the Subscriber data the Community Solar Garden Operator will share with Northern States Power Company and that Northern States Power Company will share with the Community Solar Garden Operator; x. The data privacy policies of Northern States Power Company and of the Community Solar Garden Operator; xi. The method of providing notice to Subscribers when the Community Solar Garden is out of service, including notice of estimated length and loss of production; 23 xii. Assurance that all installations, upgrades and repairs will be under direct supervision of a NABCEP-certified solar professional and that maintenance will be performed according to industry standards, including the recommendations of the manufacturers of solar panels and other operational components; xiii. Allocation of unsubscribed production; and xiv. A statement that the Community Solar Garden Operator is solely responsible for resolving any disputes with Northern States Power Company or the Subscriber about the accuracy of the Community Solar Garden production and that Northern States Power Company is solely responsible for resolving any disputes with the Subscriber about the applicable rate used to determine the amount of the Bill Credit. • Copy of the contract with Northern States Power Company for the Solar*Rewards Community Program • Copy of the solar panel warranty • Description of the compensation to be paid for any underperformance • Proof of insurance • Proof of a long-term maintenance plan • Current production projections and a description of the methodology used to develop production projections • Community Solar Garden Operator contact information for questions and complaints • Demonstration to the Subscriber by the Community Solar Garden Operator that it has sufficient funds to operate and maintain the Solar*Rewards Community Program The Community Solar Garden Operator is solely responsible for the accuracy of the Subscriber's share of the Community Solar Garden production information forwarded to the Company, and should resolve with the Subscriber any dispute regarding the accuracy of such information. Subscribers can submit comments to the Company on the accuracy and completeness of its annual report by contacting solarrewardscommunity@xcelenergy.com. 24 4. Data Retention The Company will retain the Subscriber's Account Information, Subscriber's Energy Usage Data and information on Bill Credits for as long as required under applicable law. 25 EXHIBIT B Schedule of Expected Deliveries of Credits [pro forma; final to be provided prior to commencement of construction] Subscriber's Share (kWh) Year 1 88,702 Year 2 88,258 Year 3 87,817 Year 4 87,378 Year 5 86,941 Year 6 86,506 Year 7 86,074 Year 8 85,643 Year 9 85,215 Year 10 84,789 Year 11 84,365 Year 12 83,943 Year 13 83,523 Year 14 83,106 Year 15 82,690 Year 16 82,277 Year 17 81,865 Year 18 81,456 Year 19 81,049 Year 20 80,644 Year 21 80,240 Year 22 79,839 Year 23 79,440 Year 24 79,043 Year 25 78,648 26 Weather Adjustment Protocol for Expected Deliveries For any two-year Measurement Period respecting application of the Performance Guarantee, Expected Deliveries shall be adjusted to reflect any negative difference (shortfall) between Expected Solar Irradiation ("EST') and Actual Solar Irradiation ("ASI"). The ratio of ASI to ESI for the Measurement Period shall be applied to Expected Deliveries as a weather adjustment prior to comparing Actual Deliveries to Expected Deliveries for the purposes of the Performance Guarantee. The method of the weather adjustment is as follows. 1. The ESI for the Facility is 1390 KWh per square meter. 2. The ASI is to be determined by monthly pyranometer readings at the Facility. The monthly readings are to be averaged for each of the two calendar years in the Measurement Period. 3. The weather adjustment factor for the measurement period is the ratio of (i) ASI, determined per Step 2 of this method to (ii) ESI, determined per Step 1 of this method. The Expected Deliveries for the Measurement Period is multiplied by this factor to derive the Guaranteed Performance. 27 EXHIBIT C Lender Accommodations Subscriber acknowledges that Owner will be financing the installation of the Facility either through a lessor, lender or with financing accommodations from one or more financial institutions and that Owner may sell or assign the Facility and/or may secure Owner's obligations by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the Facility. In order to facilitate such sale, conveyance, or financing, and with respect to any such financial institutions of which Owner has notified Subscriber in writing Subscriber agrees as follows: (a) Consent to Collateral Assignment. Provided the Financing Party has agreed in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights thereunder upon the foreclosure or conveyance in lieu thereof, Subscriber consents to either the sale or conveyance by Owner to a Financing Party that has provided financing of Owner's right, title and interest in the Facility and to this Agreement. (b) Notices of Default. Subscriber will deliver to the Financing Party, concurrently with delivery thereof to Owner, a copy of each notice of default given by Subscriber under the Agreement, inclusive of a reasonable description of Owner default. Subscriber will not mutually agree with Owner to terminate the Agreement without the written consent of the Financing Party. (c) Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement, during the continuation of an event of default by Owner under its agreements with Financing Party, provided that the Financing Party has agreed in writing to recognize Subscriber's rights under the Agreement and to not disturb any of Subscriber's rights thereunder: i. The Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of Owner, any and all rights and remedies of Owner under this Agreement in accordance with the terms of this Agreement and the Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement. ii. The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of Owner thereunder or cause to be cured any default of Owner thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of Owner under this Agreement or (unless the Financing Party has succeeded to Owner's interests under this Agreement) to perform any act, duty or obligation of Owner under this Agreement, but Subscriber hereby gives it the option to do so. iii. Upon the exercise of remedies under its security interest in the Facility, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Owner to the Financing Party (or any assignee of the Financing Party). Any such exercise shall not constitute a default under this Agreement. iv. Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to Owner under the United States Bankruptcy Code, at the 28 request of the Financing Party made within ninety (90) days of such termination or rejection, Subscriber shall enter into a new agreement with the Financing Party or its assignee having the same terms and conditions as this Agreement. (d) Right to Cure. i. Except for termination pursuant to Section 3(a) of the Subscription Agreement in connection with a failure to achieve commercial operation by December 31, 2016, Subscriber will not exercise any right to terminate or suspend this Agreement unless it shall have given the Financing Party prior written notice by sending notice to the Financing Party (at the address provided by Owner) of its intent to terminate or suspend this Agreement, specifying the condition giving rise to such right, and the Financing Party shall not have caused to be cured the condition giving rise to the right of termination or suspension within thirty (30) days after such notice or (if longer) the periods provided for in this Agreement. The Parties respective obligations will otherwise remain in effect during any cure period; provided that if such Owner default reasonably cannot be cured by the Financing Party within such period and the Financing Party commences and continuously pursues cure of such default within such period, such period for cure will be extended for a reasonable period of time under the circumstances, such period not to exceed additional sixty (60) days. ii. If the Financing Party (including any transferee), pursuant to an exercise of remedies by the Financing Party, shall acquire title to or control of Owner's assets and shall, within the time periods described in Sub -section (d)(i) above, cure all defaults under this Agreement existing as of the date of such change in title or control in the manner required by this Agreement and which are capable of cure by a third person or entity, then such person or entity shall no longer be in default under this Agreement, and this Agreement shall continue in full force and effect. 53116334 29 CENTER FOR THE ARTS 109 Locust Street Hudson, Wisconsin 54016 715.386.2305 www.ThePhipps.org May 10, 2016 Bill Turnblad Community Development Director City of Stillwater 216 Fourth Street North Stillwater, MN 55082 Dear Mr. Turnblad, RECEIVED MAY 1 i 2016 BY: We are writing to invite the City of Stillwater to join the St. Croix River Valley Art Bench Trail, a program of The Phipps Center for the Arts in partnership with the National Park Service and Si. Croix Valley Foundation. The Art Bench Trail connects a series of unique ars benches designed and built by local youth who work with professional artists and numerous community partners. There are currently eight benches on both sides of the river. In Wisconsin, they are in St. Croix Falls, Osceola, Somerset, Hudson, and Prescott, and in Minnesota, they are in Marine on St. Croix, Bayport, and Hastings (Carpenter Nature Center). To learn more, please visit www.artbenchtrail.org. Plans for a ninth bench are underway, and we are writing to propose that it be located in the City of Stillwater, with our first choice being Lowell Park. We believe having it in this very public and open space where community gatherings take place throughout the year would give the project its greatest visibility, while also supporting the overall objectives of the Bench Project — to build relationships and a sense of civic responsibility, to spark appreciation for the St. Croix River, and to draw people to the region's rich natural and cultural offerings. If Lowell Park were not possible as a site for this new bench project, we would consider alternate locations identified by the City. For example, the planning committee has discussed other possibilities including on the trail that runs through downtown and along Lowell Park or someplace in Pioneer Park overlooking the river. The production of a Bench Project for Stillwater is fully funded with support from Andersen Corporation, Fred C. and Katherine B. Andersen Foundation, Hugh J. Andersen Foundation, HRK Foundation, and SRI. The project will celebrate the work of the St. Croix Valley Red Cross, and particularly the leadership of Jan George, who served as this chapter's director as well as in other capacities at Red Cross for more than 30 years. The initial planning process has begun with the goal of unveiling the finished project sometime later this fall. This June, students from Stillwater Junior High School will meet four days a week for four weeks to do the research and develop a design for this new bench. Leading this process will be their art teacher, Megan Beadle; the project's facilitating artist, Julia Kaemmer; and The Phipps visual arts director, Anastasia Shartin. Jan George and Red Cross volunteers will also take active roles in this project as participants and storytellers. The four weeks will include excursions to Franconia Sculpture Park, visits to several of the other art benches, time on the river to learn about its environmental significance, historical tours of Stillwater, a volunteer service project, and a day at the artist's studio. Throughout the four weeks, participants will also work on several artmaking projects which will lead to the ultimate design of the bench or result in components to be utilized in its final construction. The planning committee would be honored to work with the City of Stillwater on this Bench Project. If you accept this proposal, the City would take an active role in the overall project. The City would be responsible for working with the planning committee to identify a location or set of possible locations for this project, meeting with the participating youth to identify the specific placement of the bench which will include discussions of the site's restrictions and other pertinent information, providing assistance with the installation of the bench, incorporating the bench into its maintenance schedule, and helping to promote the Art Bench Trail on an ongoing basis. As members of the planning committee for this new Bench Project, we look forward to discussing this opportunity with you further. Please do not hesitate to contact one of us with any questions or requests. Sincerely, if77 ,t, Anastasia Shartin Visual Arts Director The Phipps Center for the Arts 715-386-2305, ext. 103 ashartinna,thephipps.org Mindy Sachs Community Relations Specialist Andersen Corporation 651-264-4734 mindy.sachs@andersencorp.com 75th Street N/Myrtle Street W (CR 12) PAVEMEN I ANI.) SAFETY IMPROVEMENTS iN S I iLLw Washington County and the City of Stillwater invite you to a pre -construction open house meeting for 75th Street N/Myrtle Street W (County Road 12). We hope you will be able to join us as we: • Review Construction Activities: new pavement surface, traffic signal, pedestrian accommodations, widening at turn lanes, etc. • Present the Anticipated Schedule: Phasing of construction activities and general time lines • Introduce Construction Team Members: Meet the people you should contact if you have questions during construction Thank you in advance for your patience as the County and the City implement this project. FYI Construction Open House Who: Residents, property owners, businesses and other interested individuals What: Open house format — no formal presentation. You can come and go at any time. City and county staff are available to answer questions and record comments/input. When: Wednesday, May 25, 2016 • 4:30 - 6:30 PM Where: Rutherford Elementary School 115 Rutherford Road, Stillwater 75th St N Meeting Location Z For more information about the project, please visit: www.cawashington,mn.us/county12 or contact Frank Ticknor, Washington County Project Manager, 651-430-4319 iEzi 111 StI I (iWa ter Washington WashingtonC Public Works Department Donald J. Theisen, P.E. Director Wayne H. Sandberg, P.E. Deputy Director/County Engineer MEMORANDUM Date: May 17, 2016 To: Current Residents on County State Aid Highway (CSAH) 12 (75th Street North / Myrtle Street) From: Allan Brandt, Project Engineer Re: CSAH 12 (75th Street North / Myrtle Street) Improvement Project Washington County will perform an improvement project on CSAH 12 (75th Street North / Myrtle Street) in the City of Stillwater, Minnesota. This project will be starting in early to Mid -June with the expected completion date in late November. The 75th Street North / Myrtle Street Improvement Project will address safety for vehicles and pedestrians by reconstructing the roadway, adding turn lanes, trail and sidewalk improvements, drainage improvements, and installation of a traffic signal at the Maryknoll Drive intersection. A raised median will extend across the existing Boutwell Road intersection resulting right turn access only. Washington County will be holding an open house May 25, 2016 from 4:30 to 6:30 p.m. at Rutherford Elementary School (just east of Manning Avenue, off CSAH 12). If you did not receive a notice, please contact me at 651-430-4348 so that I can provide you with the information. Below is a summary of some of the information that will be presented at the open house. This letter should answer most of your questions; however, you are welcome to attend the open house. PROJECT ELEMENTS THAT MAY SPECIFICALLY IMPACT YOU 1. ACCESS: Vehicle access will be maintained on CSAH 12 during construction with short term closures at specific locations expected. Be advised of construction and truck traffic, and expect congestion and traffic delays. 2. TRAFFIC CONTROL: Two-way traffic will be maintained on CSAH 12 from Manning Avenue (CSAH 15) to Owens Street (CSAH 5), see Attachment 1. Signs will be posted to direct traffic movements and reduce speeds through the construction zone. The project will be constructed in phases. The first phase will consist of constructing temporary roadway widening along the north side of CSAH 12. During the second phase, traffic will be shifted to the north side of CSAH 12 while the south side of CSAH 12 is being constructed. The final phase will involve shifting traffic to the south side of CSAH 12 on the newly constructed pavement, while the north side of CSAH 12 is constructed. 3. TRAILS: The existing trail along the south side of CSAH 12 between Manning Avenue and Owens Street will be reconstructed and shifted in locations to allow for turn lane construction. This trail will 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action experience temporary closures. A new trail will also be constructed along the east side of Maryknoll Drive and the north side of CSAH 12, from Maryknoll Drive to Birchwood Drive. 4. DRIVEWAYS: This project will impact driveways located on CSAH 12, west of Brick Street, to the extent required to widen and/or reconstruct the roadway and perform trail work along both sides of CSAH 12. Driveways east of Brick Street will be impacted in order to perform drainage work, install curb & gutter, and replace the sidewalk along both sides of CSAH 12. Local access will be maintained from intersecting streets to driveways within the work zone. Access may be along a dirt/gravel surface; however, the surface will be passable at all times. Short-term driveway closures may occur, however, they will only occur during work hours. The road Contractor will coordinate short term closures with the applicable resident in advance of the work. The road Contractor is allowed two, separate, seven-day long-term closures of each driveway. The first closure is necessary to perform excavation and curb & gutter installation. The second seven-day closure is required to reconstruct the driveway surface. Long-term closures will be coordinated with the resident in advance and parking locations with a suitable parking surface will be provided to residents during each long-term closure. The affected portion of each driveway will be resurfaced with aggregate or bituminous to match the existing surface at no cost to the property owner. 5. MAILBOXES: Mailboxes that are located along CSAH 12 will likely be affected by construction. Residents whose mailboxes will be affected will either have a temporary mailbox set up or the mailbox will be relocated into a mailbox cluster on a side street. During the project, your mail box post will be replaced with a swing -away type post at no cost to you as part of the project. Your existing mailbox will be attached to the new post. After the new mailbox post is installed, your old mailbox post will be left onsite for one week. If you wish to salvage your old mail box post, please move it away from the new mailbox post. After one week, the old mailbox posts will be removed off site. The swing -away post facilitates County snow removal and provides improved safety should an errant vehicle collide with it. You have the opportunity to decline the mailbox post replacement, if you wish to decline the mail box post replacement, please contact me at allan.brandt(a�co.washington.mn.us or (651) 430-4348 by noon, Tuesday, June 7, 2016. If you decline, your existing mailbox and post will remain in place. Attachment 2 contains a design drawing of the post for your information. 6. TRASH PICKUP: The road Contractor will arrange for trash pickup for residents who are affected by construction and unable to park their receptacles at the curb. The road Contractor will coordinate a location for pickup by the garbage contractor and will transport receptacles to and from the pickup area site on the scheduled pickup date. 7. UTILITY RELOCATIONS: Poles carrying overhead power lines and communication cables, and subsurface utilities will be adjusted or relocated prior to, or during construction. The utility work should not result in any loss of service. 8. INVISIBLE FENCE/IRRIGATION: If you happen to have an invisible fence or irrigation system that extends into the County's right-of-way or agreed easement area please make arrangements to have these items removed/relocated prior to the start of construction. If these items are not removed, they may be torn up by the road Contractor during excavation and you will not receive compensation. 9. TURF ESTABLISHMENT: Seed and/or sod will be placed for turf establishment where necessary along the project limits. These items are placed and then left to nature to establish. If you, as the property owner, currently maintain the County's right-of-way the same as your yard, you can water these restored areas and minimize the mowing until the seed or sod is completely established. 10. TREES, SHRUBS, ETC.: If any trees, shrubs, or landscaping in the County right of way are damaged or removed, you will not be compensated. If you have personal property on the right of way (sprinkler system, invisible fencing, fencing, etc.), you will not receive compensation if it is removed or damaged. This does not include items in which prior arrangements for removal have been made with the County. Property owners may relocate these items prior to the beginning of construction activities. If you would like to discuss whether any specific item will be affected during this construction project, please contact me. 11. CONTRACTOR COMMUNICATION: Please be aware of potential contact from fraudulent Contractors claiming they are representing Washington County on this project. The County's Contractor should not be contacting residents about additional work on private property. They may communicate with you about work associated with the County's project but not about additional private work. Please contact me if you have any questions or concerns about Contractor communications. You can stay updated on this and other projects in the area by visiting www.co.washinqton.mn.us. Please feel free to contact me at 651-430-4348 if you have further questions about the project. Thank you. Attachment 1 z I(i tsp Green Httthead Elementary School vo,„„ • f\ Stillwater Fee Department Station 1 • /CM!** Linden St w I 1 s, Walk* Di SAS Dr k� Cine St W aarnrySlw o:we St w Oak St Lard Stly Wm S: w AlitEnrystw 2 W z $ Myrtle S! n 00 N Oak StW y O.wSW N akStw Two-way traffic will be maintained through the highlighted area of CSAH 12 at all times during the project. Washington .-= County CSAH 12 (75th Street/Myrtle Street) SAP 082-612-017/SAP 169-020-007 CSAH 12 Road Improvement Project May 10, 2016 Thomas McCarty, City Administrator City of Stillwater 216 4th St N Stillwater, MN 55082-4898 Dear Mr. McCarty: F� The Metropolitan Council has prepared preliminary population and household estimates for your community as of April 1, 2015. This is an annual process governed by Minnesota Statutes 473.24. Please note that these estimates are different from the Council's local forecasts that your community has reviewed before. Forecasts look ahead to the coming decades; the annual estimates communicated below look back in time to the previous year. 2015 Annual Population Estimate The Metropolitan Council estimates that the City of Stillwater had 19,754 people and 7,585 households as of April 1, 2015. Household size averaged 2.542 persons per household. How was this estimate calculated? We estimate households and population with a housing -stock -based method, which involves three questions: 1. How many housing units did your community have? 2. How many households occupied these housing units? 3. How many people lived in these occupied housing units? This letter includes an overview of our estimation method along with a report showing the data inputs and calculations used to develop the preliminary estimates. For more information, visit http://www.metrocouncil.org/populationestimates , or contact me at 651-602-1513. This estimate is only 10 people higher than my community's 2014 estimate. Does this mean that my community added only 10 people between 2014 and 2015? No, not necessarily. Each year, we update our data and refine our methods, so estimates from different years are not directly comparable. Instead, we recommend examining growth since the 2010 Census. How can my community provide feedback on this estimate? We welcome discussion of the 2015 preliminary estimates and invite you to review and comment on them. Please send any written comments or questions to Matt Schroeder, Metropolitan Council Research, 390 Robert Street North, Saint Paul, MN 55101; or by e-mail to Matt.Schroeder@metc.state.mn.us. Under Minnesota Statutes 473.24, we must receive your comments, questions, or specific objections, in writing, by Friday, June 24, 2016. What happens after my community provides feedback? The Council will certify final estimates by July 15, 2016 for state government use in allocating local government aid and street aid. Sincerely, 44v 6_ Matt Schroeder Senior Researcher 390 Robert Street North 1 Saint Paul, MN 55101-1805 P. 651.602.1000 1 TTY, 651.291.0904 1 metrocouncil.org An Equal Opportunity Employer METROPOLITAN COUNCIL 2015 Annual Population Estimates Stillwater city, Washington County, Minnesota Households: 7,585 Population in Households: 19,280 Average Household Size: 2.542 Housing Total: 7,945 Population in Group Quarters: 474 Occupancy Rate: 95.47% Total Population: 19,754 The Metropolitan Council's Annual Estimates account for housing stock changes since April 1, 2010. These include housing units permitted and other changes. Other changes are due to demolitions, building conversions (units added or lost), city boundary changes (units annexed in or out), and other changes reported by city and township staff. We assume that 95% of single-family detached units, 90% of townhome/duplex/triplex/quadplex units, and 85% of multifamily units permitted in 2014 were completed and occupiable by April 1, 2015; the remainder are occupiable in the future and will count toward next year's estimates (for April 1, 2016). Manufactured homes are counted each year from Metropolitan Council surveys of manufactured home park operators and local governments. Other housing (boats, RVs, etc. used as housing) comes from the most recent American Community Survey estimates. Housing Stock April 1, 2010 Permitted and built since 2010 Other changes since 2010 Housing Stock April 1, 2015 Single -family -detached: 5,086 173 149 5,408 Townhomes: 915 46 0 961 Duplex, 3-, 4-plex units: 571 0 0 571 Multifamily units: 1,005 0 0 1,005 Manufactured homes: 0 0 Other (boats, RVs, etc. as shelter): 0 0 Housing Total: 7,577 7,945 Each housing type has a specifically estimated occupancy rate and average household size. These data come from the most recent Community Survey estimates, decennial census data from the U.S. Census Bureau, and the U.S. Postal Service (for occupancy rates only). For more detail, please see the full methodology, available online from http://www.metrocouncil.org/populationestimates . Definitions: A household is a group of people (or one person alone) occupying a housing unit. The number of occupied housing units and the number of households are equivalent. Population in Group Quarters (or institutional housing) is counted separately through an annual Metropolitan Council survey. Housing Stock Occupancy Occupied with Persons Per Population in April 1, 2015 Rate 2015 Households Household 2015 Single -family -detached: 5,408 95.39% 5,159 2.713 13,997 Townhomes: 961 97.17% 934 2.713 2,534 Duplex, 3-, 4-plex units: 571 91.73% 524 2.209 1,158 Multifamily units: 1,005 96.34% 968 1.643 1,591 Manufactured homes: 0 95.28% 0 1.441 0 Other: 0 Counted only if 0 2.335 0 occupied Housing Total: 7,945 Households: 7,585 In Households: 19,280 In Group Qtrs: 474 Total Population: 19,754 Metropolitan Council 5/6/2016 The Metropolitan Council's housing -stock -based approach to estimating population involves answering three questions. HOW MANY HOUSING UNITS ARE IN THE COMMUNITY? Housing units in 2010 (U.S. Census) Changes to housing stock since 2010 (Metropolitan Council surveys) We start with the housing units from the 2010 Census, then we add units identified in our annual surveys of residential construction (building permits and other housing stock changes) and manufactured housing parks. This results in the estimated number of housing units in each community, broken down by the type of housing. HOW MANY HOUSEHOLDS OCCUPY THESE HOUSING UNITS? Occupancy rates (U.S. Census Bureau, U.S. Postal Senesce) Not all of these housing units are occupied; some are vacant. To estimate the number of households, we examine occupancy rates in the community for different types of housing. These data come from the U.S. Census Bureau's American Community Survey and Decennial Census as well as the U.S. Postal Service. This results in the estimated number of households in each community, again broken down by the type of housing. HOW MANY PEOPLE LIVE IN THESE OCCUPIED HOUSING UNITS? Average household sizes (persons per:household) (U.S. Census Bureau) Finally, we examine the average household sizes in the community for different types of housing. These data come from the U.S. Census Bureau's American Community Survey and Decennial Census. To arrive at the total population, we add in residents of "group quarters" (places like emergency housing shelters and nursing homes), measured by our annual survey of such facilities. The data inputs for your community are on the back of this page. For more detail, see the estimates methodology, available from http://www.metrocquncil.orq/populationestimates. Washington ;County BOARD AGENDA MAY 17, 2016 — 9:00 A.M. Board of Commissioners F Fran Miron, Chair, District 1 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Welk, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Boardsecretary or the County Administrator. The County Board Chairwill askyou to come to the podium, state your name and city ofresidence, and presentyour comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. Continents addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County's Responsibilities'. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Housing and Redevelopment Authority — Melissa Taphorn, Deputy Executive Director Resolution — Approval Determining that Certain Parcels are Occupied by Structurally Substandard Buildings and are to be Included in a Tax Increment Financing District 5. 9:20 Public Health and Environment — Lowell Johnson, Director Resolution — Recognizing May as Mental Health Month 6. 9:25 Public Works — Wayne Sandberg, County Engineer A. Approval of Cooperative Cost Share Agreement with the City of Afton for Design and Construction of County State Aid Highway (CSAH) 21, CSAR 18, Sanitary Sewer, Levee and Local Streets B. Resolution — Vacate Excess Right -of -Way of a Portion of CSAH 26 No Longer Needed 7. 9:35 General Administration — Molly O'Rourke, County Administrator Legislative Update 8. 9:45 Commissioner Reports — Comments — Questions This period of time shall beused by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:00 Adjourn 11. 10:05-10:40 Board Workshop with Public Works — Don Theisen, Director Discuss Transportation Project Development Process 12. 10:45-11:15 Board Workshop Office of Administration — Erin Caldwell, Director of Research, National Research Center, Inc. Presentation of the Findings for the 2016 Residential Survey 13. 11:20-11:35 Board Workshop with Public Works — Frank Ticknor, Design Engineer Provide Update on the Point Douglas Regional Trail Project Assistive listening devices are available for use in the County Board Room If ,,n,, nmd aceie/anrn dna 1n Alcahnuo nr rannuana hamar Nan ca rail /551 i 4)5.5nnn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 17, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of May 3, 2016 County Board Meeting Minutes. B. Approval to appoint Anthony Haider, Lake Elmo, to the Valley Branch Watershed District to a term expiring November 15, 2018. Human Resources C. Approval of Conversion of Five Full -Time Equivalent Employment Counselors. Property Records & Taxpayer Services Public Works D. Approval of resolution for application for an Exempt Permit of Minnesota Lawful Gambling received from the Familie SCNZA Foundation to conduct a raffle held at the Washington County Fairgrounds on June 25, 2016. E. Approval of contract with Taylor Electric, Inc. for construction of traffic signal improvements on County State Aid Highway No. 14 (34th Street North) in the cities of Oakdale and Lake Elmo. F. Approval of resolution to acquire 15770 May Avenue North, Marine on St. Croix, Minnesota, for inclusion into Big Marine Park Reserve. G. Approval of a maintenance agreement with the Comfort Lake -Forest Lake Watershed District for stormwater Best Management Practices for the Hardwood Creek Regional Trail culvert emergency repair. 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. Assistive listening devices are available for use in the County Board Room V vnn naafi a«ietanra dna 1n dicahifi{v nr lannann harrier ninasa rail /fiSi 1 din.fiAM EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER F' Summary of Proceedings Washington County Board of Commissioners May 3, 2016 Present were Commissioners Fran Miron, District 1; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Miron presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: Commissioner Weik — reported that she participated in departmental visits with employees for National Association of Counties (NACO) Month. She attended the weekly legislative Counties Transit Improvement Board (CTIB) meeting on April 29th, and provided updates. She attended the Woodbury Area Prayer Breakfast on May 3rd. She provided a reminder that on the first Tuesday of each month there is not a gate fee at the Washington County Parks, and residents can enjoy a free park day. Commissioner Kriesel — attended the Metropolitan Mosquito Control District Meeting, where updates were provided on the Zika virus. He summarized updates from the Solid Waste Management Coordinating Board Meeting on April 27th. He attended Comcast Cares Day in Oakdale, at which volunteers assembled furniture for needy families. He visited the new Bayport Fire Station and thanked the volunteer firefighters. He attended the Bayport Council meeting where Barbara Dacy from the Housing and Redevelopment Authority did a presentation on the economic development initiative. - Commissioner Bigham — reported that she attended the Arbor Day event at Arbors Meadow Park in Cottage Grove and thanked the local Girl Scout troop for adopting the park. She reported that there is a Free Fitness Tuesday day at the Cottage Grove Ravine Park on May 3rd. On Saturday, May 7th, is Spring Cleanup Day at the Cottage Grove Public Works building. She attended the Denmark Township meeting regarding Point Douglas Trail updates and the Housing and Redevelopment Authority's discussion on community development. - Commissioner Miron — reported that he attended the Metropolitan Mosquito Control District meeting regarding the approval of its administrator. He reported on updates at the Solid Waste Management Coordinating Board regarding request for staff outreach. He reported that he met with the City of Hugo, along with Library Director Keith Ryskoski, to discuss possible library services within the community. Attorney - Board workshop for an overview of major crimes initiatives on juvenile sex trafficking. General Administration Approval of the following actions: - April 19, 2016, County Board Meeting Minutes. - Board correspondence was received and placed on file. - Molly O'Rourke, County Administrator, reported that Mindy Leadholm, Public Works Property Manager, was awarded the 2015 International Right of Way Association Chapter 20 Professional of the Year, 2015 Region 3 Professional of the Year, and she is a finalist for the International Right of Way Association's Young Professional of the Year for 2015. - Ms. O'Rourke reported the Senate produced a $1.5 billion bonding bill which included $3 million for Gateway, $1 million for Red Rock, $1.1 million for the Hugo Short Line, and $1.7 million for the White Bear Lake Level Enhancement. - Ms. O'Rourke reported that the economic development initiative passed the House, 106-0, granting community development authority to the Housing and Redevelopment Authority. Housing and Redevelopment Authority Approval of the following actions: - Resolution No. 2016-061, approving the 2017 qualified allocation plan for the housing tax credit program. - Board workshop to discuss updates for the Red Rock Crossing Redevelopment. Human Resources Approval of the following actions: - 1.00 Full Time Equivalent Communications Specialist position. - .20 Full Time Equivalent Financial Analyst I. Information Technology - Approval to purchase network equipment from Datalink for use in the Public Works North Shop facility. Property Records and Taxpayer Services Approval of the following actions: - Resolution No. 2016-056, recommending conveyance of tax forfeited land to the city of Woodbury. - Resolution No. 2016-057, approving reconveyance of tax forfeited land to the state of Minnesota by the city of Oakdale. - Resolution No. 2016-058, approving sale of tax forfeited land to the cities of Oakdale and Woodbury for authorized public purposes. - Resolution No. 2016-059, approving the withdrawal of tax forfeited land from sale. - Resolution No. 2016-060, approving the private sale of tax forfeited land to adjoining land owners through sealed bid. - Revision to property and taxation policy #4003 Tax Forfeited Property. Public Works Approval of the following actions: - Contract with Versacon to complete Government Center north entry waterproofing and leak repair. - Contract with A-1 Excavating, Inc. for construction of phase II of the County State Aid Highway (CSAH) 17/Lake Elmo Village project. - Contract with Short Elliott Hendrickson, Inc. for construction engineering services for phase II of the CSAH 17/Lake Elmo Village Project. - Amendment #1 to Contract 9748 with Short Elliott Hendrickson for additional final design engineering services for phase II of the CSAH 17/Lake Elmo Village project. Sheriff Approval of the following actions: - Board met in a closed session with the Sheriffs Office for Board security training. - Agreement with the State of Minnesota, Department of Human Services, for the establishment and operation of a fixed -site radiological emergency reception center. 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. Washington County BOARD AGENDA MAY 10, 2016 — 9:00 A.M. Board of Commissioners Fran Miron, Chair, District 1 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibilityor function of Washington County Government, whether or not the issue is listedon this agenda. Persons who wish to address the Board must fill outa comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will askyou to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Community Services — Sarah Amundson, Division Manager Approval of 3 Full Time Equivalents — Special Project One Year Child Protection Positions 5. 9:15 Housing and Redevelopment Authority — Melissa Taphorn, Deputy Executive Director Resolution — Approval to Submit the 2016 Annual Action Plan to the U.S. Department of Housing and Urban Development 6. 9:25 Public Works — Joe Welter, Project Manager and Wayne Sandberg, County Engineer A. Approval of Contract with Tierney Brother to Furnish and Install Conference Room Equipment for the Public Works North Shop Project — Joe Welter, Project Manager B. Approval of Contract with Staples Business Advantage to Furnish Workplace Furnishings for the Public Works North Shop Project — Joe Welter, Project Manager C. Resolution — Agreement with the Minnesota Department of Transportation for Federal Aid Funds not to Exceed $50,000 to Conduct an Engineering Analysis to Complement "Safe Routes to School" Plans — Wayne Sandberg, County Engineer 7. 9:40 General Administration — Molly O'Rourke, County Administrator Legislative Updates 8. 9:50 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in s/bstantiw board action during this time Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 10:05 Adjourn 11. 10:10-10:40 Board Workshop with Administration — June Mathiowetz, Senior Planner Update on the Wilder Forest Land Conservation Project Assistive listening devices are available for use in the County Board Room If ural nand accicianrn d„a tn.dieahility nr I'nnuaan harriar I .080 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 10, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of April 26, 2016 County Board Meeting Minutes. Property Records & Taxpayer Services Public Works B. Approval of resolution for the Dakota County Home Investment Partnerships Program (HOME) Consortium Joint Powers Agreement. C. Approval of application for a 1 day temporary liquor permit for Pollinator Friendly Alliance. This is a one day event to take place at 10020 Norell Avenue in Stillwater Township. D. Approval of resolution to participate in the Minnesota Department ofNatural Resources Snowmobile Trails Assistance Program for the Star Trail Association. Sheriffs Office E. Approval of a sub -grant agreement between Washington County and the Metropolitan Emergency Services Board. 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. Assistive listening devices are available for use in the County Board Room ll ,n naafi aeoidanna dud. to dieahilit, nr Innnnana harrlor elaaeo nal, (a6/1 egn.annn EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners April 26, 2016 FYI Present were Commissioners Fran Miron, District 1; Gary Kriesel, District 3; Karla Bigham, District 4; and Lisa Weik, District 5. Board Chair Miron presided. Commissioner Reports — Comments — Questions The Commissioners reported on the following items: - Commissioner Bigham — reported that she attended the Counties Transit Improvement Board and Transportation Advisory Board meetings, regarding transportation bills. She congratulated South Washington County School District for winning the Cottage Grove Sustainability Award for recycling within the schools. She attended the Metropolitan Area Agency on Aging meeting which focused on the strategic plan. She summarized updates from The City of Cottage Grove regarding the roundabout project at Jamaica Avenue and County Road 22. - Commissioner Weik — reported that she attended the joint meeting with the Housing and Redevelopment Authority on April 19th. She attended and contributed to the free paper shredding event at the Washington County Environmental Center in Woodbury on April 20th She attended the Counties Transit Improvement Board meeting and reported that its first quarter sales tax collections for 2016 have increased over 2015 by 4 percent. She attended the Open Book meeting at Woodbury City Hall last week, in regards to property valuations. She reported that the Counties Transit Improvement Board legislative meetings will be meeting every Friday now until the end of the legislative session. She attended the Ramsey/Washington Recycling & Energy Board's Re -Envisioning Launch at the Newport Facility on April 22nd - Commissioner Kriesel — reported that he attended the joint Housing and Redevelopment Authority meeting. He attended the Ramsey/Washington Recycling & Energy Board's Re - Envisioning Launch at the Newport Facility on April 22nd. He attended the Audit Committee meeting on April 21St. He attended an open house regarding road work on County Road 13 in Lake Elmo. He attended an event at the Valley Branch Library. He reported that the Gasthaus Bavarian Hunter restaurant celebrated its 50th year anniversary, and he attended the Gasthaus Bavarian Hunter and Artie Schaefer Day. Commissioner Miron — reported that he met with the external auditor, CliftonLarsonAllen, to review protocol. He attended the Housing and Redevelopment Authority joint meeting. He attended the Gasthaus Bavarian Hunter and Artie Schaefer Day, and reported that Artie Schaefer is a former Washington County Commissioner who served on the County Board for 12 years. He attended the Workforce Development Board meeting. He reported that he went to the Capitol on April 20th for a hearing regarding the county's economic development initiative. He attended the Ramsey/Washington Recycling & Energy Board's Re -Envisioning Launch at the Newport Facility on April 22nd. Community Corrections Board workshop for an overview of the first year of operation for the Re-entry Assistance Program. General Administration Approval of the following actions: - April 12, 2016, County Board Meeting Minutes. - Board correspondence was received and placed on file. - Molly O'Rourke, County Administrator, announced that Don Theisen, Public Works Director, was the recipient of the 2016 Ray L. Lappegaard Distinguished Service Award. - Resolution No. 2016-055, authorizing acceptance of 2016 1St quarter donations, gifts, and bequests. - Molly also reported that the county's effort to obtain economic development powers for the Housing and Redevelopment Authority is moving forward in the Senate. Property Records and Taxpayer Services Approval of application for renewal of an On -Sale and Sunday Liquor License for Cenco Farms Inc., Denmark Township. Public Works Approval of the following actions: - Contract with Prevolv to Furnish and Install Inscape Workstations for the North Shop Renovation Project. - Change Order #11 to Contract 9492 with Donlar Construction Company for Work on the North Shop Renovation Project. - Change Order #8 to Contract 9495 with Red Cedar Steel Erectors, Inc. for Work on the North Shop Renovation Project. - Change Order #1 to Contract 9506 with St. Paul Linoleum & Carpet Company for Work on the North Shop Renovation Project. - Change Order #4 to Contract 9514 with Arnt Construction Company, Inc. for Work on the North Shop Renovation Project. - Contract with G Urban Companies, Inc. for $149,886 for the Various Concrete Projects. Sheriff Approval of the following actions: - Resolution 2016-054, proclaiming the week of May 1, 2016 — May 7, 2016 as Correctional Officers Week and the week of May 15, 2016 — May 21, 2016 as Law Enforcement Memorial Week. - Permanent use of fund balance in Sheriffs Office Fund for the 1St quarter 2016. 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"a Street N., Stillwater, Minnesota.