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Home My WebLink About2016-06-07 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 7, 2016 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion of undergrounding project – Xcel Energy 2. Discussion of request from the Stillwater Area Scholastic Cycling Association to allow for limited use of bicycles in Brown’s Creek Park 3. Downtown Trail Update 4. 4th of July Event Update – Approval of additional activities (available Tuesday) 5. Informational Update - Croix Bay IV. STAFF REPORTS 6. Police Chief – Annual Report 7. Fire Chief 8. City Clerk 9. Community Development Dir. 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. City Administrator – Economic Development/Armory Building Update/Sculpture Tour Update 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 14. Possible approval of minutes of May 17, 2016 regular meeting IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 15. Proclamation: Diaper Need Awareness Week (moved to June 21st meeting) X. 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 c oncerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. 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. 16. Resolution 2016-112, directing payment of bills 17. Possible approval of temporary liquor license – Church of St. Mary – September 11, 2016 18. Resolution 2016-113, a resolution approving the abatement of certain special assessments 19. Resolution 2016-114, approving 2016 Summer Tuesdays special event & contract 20. Resolution 2016-115, approving application to conduct off-site gambling – Knights of Columbus 1632 (Lumberjack Days) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 21. This is the date and time for a public hearing to consider a request from Dave Najarian of The Lion’s Tavern, for consideration of an appeal to the Planning Commission’s decision regarding a request for an amendment to an existing Special Use Permit to allow for outdoor music, as a form of outdoor entertainment, at the structure located at 324 Main Street South in the CBD – Central Business District. The Council will also consider the applicant’s request for a waiver to City Code Section 38-3, Subd 3 to allow for sound producing or reproducing equipment to be used outdoors past 10:00 p.m. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 27, 2016. XIII. UNFINISHED BUSINESS 22. Possible approval of resolution authorizing COPS grant (Resolution – Roll Call) (available Tuesday) 23. Possible approval of second reading of Ordinance 1087, an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately fifteen acres to RB, Two-Family Residential (2nd reading – Ordinance – Roll Call) XIV. NEW BUSINESS 24. Discussion on TIF Agreement amendment for the conversion of the former Wolf Brewery Block to a boutique hotel (Resolution – Roll Call) 25. Consideration of a Joint Powers Agreement with the Department of Natural Resources for certain public improvements located adjacent to the Brown’s Creek Trail in the Park and Preserve land (Resolution – Roll Call) 26. Possible approval of bank stabilization feasibility study (Resolution – Roll Call) 27. Possible approval of bike tune-up station in partnership with Pedal MN and HealthPartners (Resolution – Roll Call) (available Tuesday) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT J 0 T �I ;t s :ti r a r 4 Jd Y fY;� Rr, Pg pnn�� ii " � oa as M aa6 p�j f s NO 8 l oc G G 7, �l G G l v ,% v E Q 0 o O > +Ncu C: m a +a p N Q 7 C + E V9 CL4 V 'o cx O v O 0`� + m C N 70- N 7 LJm C W C ra CL M E w c c m 'o p ;,„ c .. O C o Q w .c-, N v O m u � v c E o o O w E m E Y v CO F O N N ccN �' �N v CL t�/1 O V d d G 2 N d Q to GI � *' fa O 'v u eV 2016 City of Stillwater 4th of July Fireworks Budget REVENUE City Funds Contributions Margaret Rivers Fund Judd Sather, Lofts at Studio J JX Events, LLC Acapulco Pub 112 , Inc. St. Croix Boat & Packet Cover Park Manor DBD Partners, Inc. (Water St. Inn Sabes Family Foundation P.D. Pappy's Quik Trip TOTAL Budgeted $ 48,958 $ $ 10,000 $ $ $ $ $ $ $ 58,958 ! $ Actual 48,958 6,000 5 ,000 250 250 300 200 54,958 ! $ (4,000) 5/31/2016 EXPENSE RES Pyrotechnics RES Pyrotechnics ?? Cannons Band -estimate Related Expenses Simulcast w KLBB Gazette Ad Cannons -Additional Insured Bouys - J . Gribs & Co . Portable Toilets Century Link Professional Services TOTAL -Related TOTAL EXPENSES Budgeted Additional $ 42,000 $ 2,000 $ 3,500 $ 42,000 I $ s,soo 1 $ 500 2015 cost $ 260 2015 cost $ 420 2015 cost $ 1 ,253 $ 175 $ 2,500 $ 5,108 I $ 47,10811 $ 52,608 II RESOLUTION 2016-112 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 $347,802.96 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 7th day of June, 2016 . Ted Kozlowski , Mayor ATTEST: J. Thomas McCarty, Acting City Clerk EXHIBIT "A" TO RESOLUTION #2016-112 LIST OF BILLS 30 Specialties Inc. Action Rental Inc . AIR Corval Constructors Air Down There Al's Coffee Company Arrow Hockey and Sport Aspen Equipment Company Aspen Mills Avenet Web Solutions LLC Bald Eagle Sports mens Assoc. Boyer Trucks Bryan Rock Products Inc. Burks Tree and Landscape Care Carquest Auto Parts Century Link Century Power Equipment Cole Papers Comcast Cope Plastics Inc. County Materials Corporation Coverall of the Twin Cities Ess Brothers & Sons Inc . Far From Normal Supply Fastenal Company Frontier Ag & Turf Fun Jumps GASB Gertens Wholesale Goodyear Commercial Tire Grafix Shoppe Granicus Inc Grunzinger Raymond E Heikes Tree Service Heritage Embroidery and Design Holiday Companies Holiday Credit Office Hydro-Klean LLC Iceman Industries Inc. Junker Brad Lake Elmo Oil Inc Loffler Companies MACIA MacQueen Equipment Inc . Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Galvanized channels & surface mount Concrete and mixing trailer Freon leak repair Safety equipment Coffee for concessions Skates Equipment repair supplies Uniforms -Peterson Website service package Range charges Equipment repair supplies Red Ball Diamond Agg Professional services Equipment parts and supplies Telephone Equipment repair supplies Janitorial supplies Internet Equipment repair supplies Storm sewe r repair supplies Commercial Cleaning Services Storm sewer repa i r supplies Graphtec cutting mat Equipment repair supplies Equipment repair supplies Dunk tank & obstacle course Subscription Flowers Tires Custom non reflective kit Qtrly web streaming service Grading Escrow Refund Tree removal Uniforms Vehicle washes Fuel Seal defects leaking with i n two man holes Liquid ice melt & dust control liquid Reimburse for supplies for bike rodeo Fuel Copier Lease Training Training Labor Relation Services Fuel Electrical repair & install Supplies Page 1 2,557 .50 210.00 1,367 .17 706.73 273 .95 313 .75 8,121 .00 115 .80 1,700.00 220 .00 4,086 .54 676.10 1,369.60 242 .92 126.45 230 .70 6,624.13 94.40 51.83 495 .00 1,772.00 1,203.50 52.15 341.56 2,742 .50 450 .00 240.00 873.84 509.37 715.00 1,086.00 1,500.00 19,675.00 83.94 165 .00 81 .90 2,175.00 4,100 .00 14.76 15 .66 3,634.79 295 .00 250 .00 97 .30 4,804.58 4,911.00 1,876.66 EXHIBIT "A" TO RESOLUTION #2016-112 Midwest Fence Minnesota Department of Health Mitchell Ryan MN Bureau of Criminal Apprehension MN Dept of Agriculture Modern Heating My Alarm Center Office Depot OnSite Sanitation O'Reilly Auto Parts Performance Plus LLC Quill Corporation R&R Specialties Inc. RDO EQUIPMENT CO . Regency Office Products LLC Riedell Shoes Inc . Rose Floral Sentry Systems Inc. SHI International Corp Simplifile LC SiteOne Landscape Supply Soldo Consulting Sprint PCS SRF Consulting Group St. Croix Boat and Packet Co . St. Croix Marine and Power Stillwater and Oak Park Heights CVB Stillwater Motor Company Stillwater Turf & Power LLC Streichers T.A. Schifsky and Sons Tessman Seed Co. St. Paul Total Parking Solutions Inc. USAble Life Valley Trophy Inc. Verizon Wireless Wal Mart Community Washington County Assessment & Taxation Washington County License Center Washington County Public Works Wenck Construction WSB & Associates Inc. Wulfing David Xcel Energy Ziegler Inc. Fencing Lily Lake Hospitality Fee Reimburse for sandwiches for Bike Rodeo Crime scene course Terra chemical terminal site clean up Repairs-cooling in server room at parking ramp Alarm Monitoring Services Office supplies Toilet rental Equipment parts & repair supplies Drug screen guest chairs for inspectors Paint and supplies Equipment repair supplies Office supplies Skates Flowers Alarm monitoring Maintenance on back up devices Recording fees Park facility supplies Professional services Cell phone Downtown Plan Update Ramp cleaning & arena billing Equipment service Qtrly Lodging Tax Parts & service Ice Edger repairs Ammo Asphalt Chemicals Modem for parking terminals Term Life Insurance Plaques with engraving Wireless service Bike Rodeo supplies Special Assessment Billing Registration for new 2016 Explorer Traffic signal ma int. Police station expansion Professional services Reimburse for dog boarding Energy Equipment repair supplies Page 2 15 ,296 .00 35.00 179.97 375.00 317.96 362 .50 92.67 119.99 817.64 180.91 270.00 283.54 2,108.15 318.82 127.37 676.71 69.60 140.85 2,226.00 200.00 189 .91 1,641.32 101.30 1,688.39 118,528 .14 137.45 30,879 .18 80.23 254.58 551.99 2,370 .69 145 .84 1,079 .00 441.60 117.00 1,506.93 222.00 5,802.00 20 .75 112.03 2,812.50 1,253.00 70.00 29 ,277.42 146 .94 EXHIBIT "A" TO RESOLUTION #2016-112 Page 3 CREDIT CARDS Alliance for Innovation LMC Annual Conference 1,200 .00 Amazon .com Water board fiber project network rack 194 .99 Blauer Manufacturing Polo shirts 179.88 Chief Supply Corp . Uniform shirts 283.45 Ebay Batteries fir fire panel in server room 28 .99 Grand View Lodge Lodging MCMA conference 228 .06 Jerrys Upholstery Boat seats 277 .21 MN American Planning Assoc MNAPA training 83.10 Office Depot Office supplies 38 .32 Port Supply Boat repair 119 .99 Science Museum of Minnesota Training 278.00 Signcad Systems Inc. Software maint on SignCad software 902 .50 Vista Print.com Postcard Appreciation Program 65 .53 MAY MANUALS Comcast TV Internet & Voice 173 .52 Enterprise FM Trust Lease vehicles 2,308.48 Gopher State One Call 2016 Annual Facility Operator Fee 100 .00 MN Dept of Health Plan Review 150.00 Postmaster Postage for newsletter 1,447 .60 PPM Technology Sensors 797.20 Thomson Reuters Info charges 131.25 Xcel Energy Energy 1,666.46 LIBRARY Baker and Taylor Materia ls 1,778 .59 Brodart Co Materials 2,632 .25 (engage Learning Materials 215 .91 Culligan of Stillwater Water 25.75 Demeo Inc. Proces sing Supplies 912.50 Hannah Karen Staff Reimbursement 32 .82 Hedin Sue Staff Reimbursement 65 .59 Midwest Tape Materials 1,500 .83 Office of MN IT Services Phone 224 .76 MSR Design Design Services 2,580.00 Premier Lighting Inc Lighting 298.07 Quill Corporation Supplies 239 .87 Toshiba Business Solutions Maintenance Contract 212.54 Va l ley Bookseller Adult Non Fiction 19 .96 Xcel Energy Energy 4,121.35 EXHIBIT "A" TO RESOLUTION #2016-112 LIBRARY CREDIT CARDS Amazon .com Custom Ink Dream Host Kowalski's Market River Market Co-Op ADDENDUM 4Front Century Link Enterprise Fleet Kustom Signals Magnuson Law Firm Pereboom Jesse Verizon Wireless Adopted by the City Council this 7th Day of June, 2016 Materials Bookawocky Monthly Website Fee Programming Programming Graphics Telephone Vehicle lease Automotive equipment Professional Service Reimburse for mileage Moble broadband Page 4 445 .15 157.99 19.95 38.34 149 .33 535.00 225 .15 2,308 .48 4,882.00 6,014 .33 29.70 603.27 TOTAL 347,802.96 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: The program emphasizes Community Policing and Crime Prevention efforts, and the funding is provided directly to law enforcement agencies to hire new a nd/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 reduc ed our minimum staffing (minimum amount of officers working each shift) to two, as having three for minimum 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 After 6mo $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-Dec'17)$57,413.76 $12,389.89 $69,803.65 $52,352.74 $17,450.91 After 24mo $5,382.54 (Jan-Dec'18)$64,590.48 $13,938.63 $78,529.11 $58,896.83 $19,632.28 After 36mo $5,980.60 (Jan-Dec'19)$71,767.20 $15,487.36 $87,254.56 $65,440.92 $21,813.64 2 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 p ersonnel 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. RESOLUTION APPROVING STILLWATER POLICE DEPARTMENT APPLICATION FOR U.S. DEPARTMENT OF JUSTICE COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT FOR $258,727 TO HIRE ADDITIONAL POLICE PATROL PERSONNEL WHEREAS, the City of Stillwater Police Department provides public safety services to the City of Stillwater; and WHEREAS, current Stillwater Police Department patrol staffing level provides twenty-one (21) officers; and WHEREAS, the COPS grant will fund a patrol position that will allow the Stillwater Police Department to provide a full-time School Resource Officer; and WHEREAS, the COPS grant provides police patrol position funding for a three year period, requiring a city cost share of $86,243, and requires a City maintenance of effort commitment for one year beyond the COPS Program end date of 2020, at an estimated cost to the City of $114,990. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Stillwater Police Department application for the Federal COPS grant in the amount of $258,727 to hire additional police patrol position for a three year period; and BE IT FURTHER RESOLVED, that the City Council of the City of Stillwater also agrees to the terms of implementation and administration of the COPS grant if awarded and authorizes the Mayor of the City of Stillwater to sign all necessary documents for the COPS grant application on behalf of the City of Stillwater. Enacted by the City Council of the City of Stillwater, Minnesota this 7th day of June, 2016. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ J. Thomas McCarty, Acting City Clerk RESOLUTION APPROVING PEDALMN AND HEALTHPARTNERS SPONSORED BIKE TUNEUP STATION AGREEMENT FOR A BICYCLE TUNEUP STATION ON THE CITY TRAIL SYSTEM AT THE SW CORNER OF MCKUSICK ROAD AND OWEN STREET WHEREAS, PedalMN and Health Partners in collaboration with Explore Minnesota Tourism, provide funding for bicycle tune up stations along bike trail systems in partnership with local communities; and WHEREAS, Explore Minnesota Tourism has collaborated with the City of Stillwater to obtain funding from PedalMN and Health Partners to locate a bicycle tune up station on the City trail system at the SW corner of the intersection of McKusick Road and Owen Street as a pilot project for potential future locations along the Loop Trail at its completion; and WHEREAS, PedalMN and Health Partners provide the equipment and signage for the bicycle tune up station and the City of Stillwater provides a concrete slab and maintenance after an initial two year period as provided in the attached draft agreement; and WHEREAS, the City Parks Commission has reviewed the bicycle tune up station proposal and recommends the City Council approve the PedalMN/Health Partners proposal as a pilot project subject to further review prior to the installation of future bicycle tune up stations in collaboration with PedalMN and Health Partners. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the PedalMN and HealthPartners sponsored bike tuneup station agreement for a bicycle tuneup station on the trail system at the SW corner of McKusick Road and Owen Street 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 7th day of June 2016. CITY OF STILLWATER _________________________________________ Ted Kozlowski, Mayor ATTEST: _________________________________________ J. Thomas McCarty, Acting City Clerk PEDRL mlNNESOTR PedalMN/HealthPartners Sponsored T uneup Station Agreement The City of Stillwater will provide a HealthPartners sponsored, PedalMN bicycle tune up station within the trail system. PedalMN is a collaboration of organizations working to put more people on more bikes more often in Minnesota. • The stations include both the PedalMN and HealthPartners branding and be paid for by HealthPartners. Branding will include a sign and branding on the tune up station itself. • The City of Stillwater will prov ide installation and maintenance. Installation will include a concrete slab according to the attached dimensions. • Placement of the HealthPartners sponsored tune up stations is for a minimum of two years. • The location will be as follows: 1. At the Lake McKus ick connection with the Browns Creek Trail. The tune up station will be in the City I parking lot along the trail at the SW corner of the intersection of McKusick Road and Owen Street. • Signage and tune up station branding will be according to attached visual. • PedalMN, on behalf of HealthPartners will provide replacement of graphics due to damage/vandalism, up to three times during the two year period. Equipment that is damaged will be considered for replacement one t ime in the two year timeframe. After that point, partners will need to reach mutual agreement on the continuation of the tune up station. • The City of Stillwater will provide a phone number for consumer to report any equipment damage. The City of Stillwater will be responsible for maintenance of equipment. _______ (Phone numbe r to appea r o n equipment) • All installations to be completed by and to remain in place t hrough 2018. Signed: ____________ _ Name: Organization: City of Stillwater Date : ____________ _ Date of Installation (start of two year timeframe) ___________ _ Attach: Cement Pad Dimensions oRe FIXTATION www.bikefixtation.com 2647 37th Ave. S Unit 1, Minneapolis MN 55406 Phone: 612 -568-3498 • E-mail: info@bikefixtation.com 1. Proposed equipment: Example installation is shown in the image below. 2. Optional Site Improvement: The site would work best with a cement pad that is 9'3" x 5' x 4" thick. Cement Spec: Portland cement shall comply with the requirements of the ASTM designation C150. It shall be Type 11, moderate sulfate resistant or greater. 1..----------------------112 -------------------- >o--------48 -----------...i 12 60 AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North June 7, 2016 REGULAR MEETING 4:30 P.M. RECESSED MEETING 7:00 P.M. 4:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Discussion of undergrounding project – Xcel Energy 2. Discussion of request from the Stillwater Area Scholastic Cycling Association to allow for limited use of bicycles in Brown’s Creek Park 3. Downtown Trail Update 4. 4th of July Event Update – Approval of additional activities (available Tuesday) 5. Informational Update - Croix Bay IV. STAFF REPORTS 6. Police Chief – Annual Report 7. Fire Chief 8. City Clerk 9. Community Development Dir. 10. Public Works Dir. 11. Finance Director 12. City Attorney 13. City Administrator – Economic Development/Armory Building Update/Sculpture Tour Update 7:00 P.M. AGENDA V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 14. Possible approval of minutes of May 17, 2016 regular meeting IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 15. Proclamation: Diaper Need Awareness Week (available Tuesday) X. 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 c oncerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. 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. 16. Resolution 2016-112, directing payment of bills 17. Possible approval of temporary liquor license – Church of St. Mary – September 11, 2016 18. Resolution 2016-113, a resolution approving the abatement of certain special assessments 19. Resolution 2016-114, approving 2016 Summer Tuesdays special event & contract 20. Resolution 2016-115, approving application to conduct off-site gambling – Knights of Columbus 1632 (Lumberjack Days) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 21. This is the date and time for a public hearing to consider a request from Dave Najarian of The Lion’s Tavern, for consideration of an appeal to the Planning Commission’s decision regarding a request for an amendment to an existing Special Use Permit to allow for outdoor music, as a form of outdoor entertainment, at the structure located at 324 Main Street South in the CBD – Central Business District. The Council will also consider the applicant’s request for a waiver to City Code Section 38-3, Subd 3 to allow for sound producing or reproducing equipment to be used outdoors past 10:00 p.m. Notices were mailed to affected property owners and published in the Stillwater Gazette on May 27, 2016. XIII. UNFINISHED BUSINESS 22. Possible approval of resolution authorizing COPS grant (Resolution – Roll Call) (available Tuesday) 23. Possible approval of second reading of Ordinance 1087, an Ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately fifteen acres to RB, Two-Family Residential (2nd reading – Ordinance – Roll Call) XIV. NEW BUSINESS 24. Discussion on TIF Agreement amendment for the conversion of the former Wolf Brewery Block to a boutique hotel (Resolution – Roll Call) 25. Consideration of a Joint Powers Agreement with the Department of Natural Resources for certain public improvements located adjacent to the Brown’s Creek Trail in the Park and Preserve land (Resolution – Roll Call) 26. Possible approval of bank stabilization feasibility study (Resolution – Roll Call) 27. Possible approval of bike tune-up station in partnership with Pedal MN and HealthPartners (Resolution – Roll Call) (available Tuesday) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT Memorandum To: Mayor and City Co uncil From: Shawn Sande ~blic Works Director Date: June 2, 2016 Subject: Downtown Overhead Power to Underground Update DISCUSSION Last year, Council approved an agreement with Xcel Energy to do a study to convert the overhead power lines from Nelson to Laurel Street. The Study was to look at one option to install underground power downtown and a feeder line that would go around the perimeter of the City. This option was not viable and other alternatives were considered. Enclosed is a brief summary of other alternatives. Representatives from Xcel will be available Tuesday to present the summary of the options with costs and answer any questions you might have. Stillwater: OH/UG Project-Nelson to Laurel Street (CRFS) Undergrounding Project Summary May 17, 2,016 Background: Undergrounding the Nelson to Laurel Street segment will require Xcel Energy to construct a reliable tie-in or parallel path to its existing overhead system in order to maintain system integrity and .reliability for all Stillwater area customers. Xcel Energy design, engineering and construction staff has researched several alternative routes for a feeder tie-in for the city's proposed undergrounding project. The options were reviewed with Shawn Sanders, the Stillwater Public Works Director, and we have summarized those options below: Viability Option Description Route Concerns Cost Estimate Yes No A B C D Dellwood Road N from Main Street to No truck accessibility due to vegetation. Manning Reduced reliability due to dense tree population. >$3.SM X Original route identified by XE. Electrically cannot be built per XE standards. City paid $30,000-engineering review. [black route] Manning to N Owens/ Wilkins. Electrically cannot be built per XE standards. Various routes identified. >$3.SM [blue, green and red route] OH route down 3 rd Street. Double deck construction in downtown area. Possible viable option. $1.3M -$2.2M * Likelihood confirmed by a detailed design. Cost range due to possibility of hitting rock. UG route down 2 rd Street. Possible viable option. Likelihood confirmed by a detailed design. * Cost range due to possibility of hitting rock. $ 2.5M-$7M • Undergrounding viability for Options C and D would be determined by a detailed engineering and design study. City would need to provide funds for a respective engineering study for one or both options to confirm viability and refine the estimated cost for undergrounding. Each engineering study cost would fall into the range of $30,000 to $40,000 for either remaining option. X Identified below are additional responsibilities that have not been included in the cost estimate provided above : Xcel Energy Responsibilities : City of Stillwater Responsibilities: Project letters to affected customers Ground restoration Permit applications to appropriate LGU bodies (examples: DNR, Corps Communication/coordination/relocation/burial related to other of Engineers). utilities of existing or new facilities. Work with city on equipment pad locations and size requirements. Easement acquisitions. (Xcel Energy will not acquire easements) Secure signed change orders (signed by both XE and City) for major in-Street light replacements. field project scope changes. Surveying along entire project as required by XE for its buried facilities . Possible additional costs incurred due to soil conditions that might impair the installation of underground facilities such as rock formations/bedrock. Work with existing overhead service customers impacted by project to convert their electric service from overhead to underground. Convert existing customers with overhead delta service to UG wye service. Customers required to install a lever bypass socket. Additional right-of-way or easement acquisition necessary for new surface-mounted equipment such as transformers, pedestals, underground cable, switching equipment, etc. Delay time for crews as the result of actions or decisions made by the City or other parties. Re_pair and/or replacement of customer-owned facilities not exposed at the time service is installed. Replacement of privately-owned shrubbery/landscape design located in public right-of-way (existing or new) or easement areas (existing or new) where necessary to install underground facilities. Construction of elevated platforms for XE equipment. Platforms will need to meet XE specifications within flood plain areas. Stillwater issued a $30,000.00 check to Xcel Energy in fall 2015 for a detailed design & engineering study under the CRFS process. Xcel Energy has not completed a formal engineering study for its initial identified route. Initial review revealed numerous issues (flood plain considerations, route access restrictions, space limitations, etc) which would significantly increase the undergrounding project cost. Three optional routes were then identified which were reviewed by Xcel Energy staff to determine their construction viability and estimated cost. Options A and B cannot be constructed per Xcel Energy construction standards and are no longer viable undergrounding options. To date, no formal engineering studies have been undertaken by Xcel Energy staff for any of the remaining identified routes which include Options C and D. Public Works Director Shawn Sanders has requested we prepare a brief summary outlining which route options we have reviewed along with their respective estimated costs. Xcel Energy has agreed to this deviation request. Xcel Energy is tracking staff time associated with the request and, under its operating policies, will be required to charge time. We will provide staff time updates to city staff and charges will be deducted from the $30,000.00 deposit with any remaining funds returned to the city. If city council and staff decide to proceed with an engineering study for any of the newly-determined viable routes identified above (either Option c or Option D), Xcel Energy will request additional funds to initiate a detailed design & engineering study to comply with the terms of its CRFS process. Xcel Energy representatives: Colette Jurek, Manager-Local Government Relations Jeff Blom -Manager, Electric Design Deb Fedor -Area Electric Engineer Zach Hughes-Electric Designer .... 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I •• .gt G:' §-- j i HfUtop /i)< -Cl) -e "3 t: Double Deck Single Deck Page 1 of 2 CITY COUNCIL MEETING DATE: April 25, 2016 REGARDING: Brown’s Creek Park: Request for use of bicycles PREPARED BY: Abbi Jo Wittman, City Planner REQUEST In the spring of 2016, SASCA representative Hank Gray requested the Parks Commission consider allowing the high school mountain bike team to ride, one day a week, in the Brown’s Creek Park on established mowed trails. The proposal indicated the use would be for a limited time period, in the fall of 2016. As the Parks Commission has been in support of expanded use in this parkland, the Commission directed staff to explore how the City may grant the high school mountain bike team permission to utilize this park. APPLICABLE BACKGOUND Adopted 2000, the Brown’s Creek Park and Nature Preserve Plan (Plan) was adopted as a result of a City-developed Natural Resources Inventory and Management Plan for the area; a copy of the plan is attached for Council review. Proposed in part of the Plan was the “development of passive recreation facilities such as walking and skiing trails, education and interpretative facilities”. The Plan stated a primary objective of the City was to “provide passive recreation….compatible with the natural resources on the site”. It called for the development of trails that would “allow for the least impact to restores habitat” sites and “limit impacts of site users on the Park and Nature Preserve”. In the spring of 2015 the Stillwater Area Scholastic Cycling Advocates (SASCA) proposed creating a one-way, single track trail in Brown’s Creek Park. As the original intent of the acquisition of this area was for limited recreational use, SASCA’s proposal requested the Plan would be amended by adding the following paragraph to Section XIII People Management (page 59) under Impact Management: “In an area designated for the purpose, non-motorized bicycles will be permitted only on trails constructed for off road purposes and subject to the following conditions: 1. Trails must be constructed according to a plan and according to specifications approved in writing by the City Planner. 2. No trail may be constructed within 50 feet of Brown’s Creek or any of its tributaries, except at crossings, or within 50 feet of any identifiable native plant community. Page 2 of 2 3. Trail crossings of Brown’s Creek or any of its tributaries must be made at an angel of approximately 90 degrees and at an already established crossing. 4. Trail crossings, construction, management and use must be undertaken only pursuant to a license issued by the City. The License must be terminated if any activity proves detrimental to the Plan Vision and Goals established for the Brown’s Creek Park and Natural Area.” Prior to holding public hearings regarding consideration of the proposed trail, as well as necessary amendments to the park’s management plan, City staff was advised of a spring in an un-delineated wetland has been identified as a groundwater dependent resource and, as such, much of the park has been designated as a groundwater sensitive recharge area. SASCA was advised that their proposal, if approved, would include a condition of a wetland delineation, potential rerouting of the desired route, and alternative forms of construction of the trail, including surfacing materials located within 100’ of the wetland and creek areas. At the time SASCA opted to table the request, focusing efforts on securing permissions to construct trails in Oak Park Heights. COUNCIL CONSIDERATION As this type of use has not traditionally been considered as passive recreation, consideration of the use of bicycles in this park will necessitate an amendment to the Plan. Plan amendments would allow for bicycles as an approved use in this area. The allowance for bicycles would be applicable to all users, not merely the high school mountain bike team. Consideration of the amendment would require the City explore the impact of bicycles to the existing mowed trails, compatibility of competing uses on existing trails, impact of active recreation in this passive facility and the wildlife habitat, wetland delineation of the ground water recharge area, as well as a signage plan for park and preserve area uses (as bicycles are outright prohibited in the Preserve area, to the south of the Brown’s Creek State Trail. Prior to any amendment of the Plan, staff wanted to bring the matter before the Council for determination as to whether or not the Council is amenable to directing resources to the Plan amendment. ATTACHED Management Plan, 2000 1 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, 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 +/- 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, 2 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 Pl, 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 3 Sent from my iPad CITY COUNCIL MEETING MINUTES May 17, 2016 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad City Planner Wittman 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 May 3, 2016 regular and recessed meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the minutes of the May 3, 2016 regular and recessed meeting. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Chad Jansen, Jake Bell and Bill Peltier and EMS Week Mayor Kozlowski read a Proclamation designating May 15-21 as Emergency Medical Service Week, and commending the outstanding performance of EMS Crew honored by Regions Hospital: Stillwater Captain Chad Jansen, Fighter/Engineers, Bill Peltier and J ake Bell. Fire Chief Glaser explained the lifesaving incident for which the team was honored. He acknowledged Jack Hammond and his parents Steve and Holly Hammond, who were assisted by the team. Augsburg College MBA Student Presentation on Economic Development City Administrator McCarty explained that students from an MBA program at Augsburg College have been working on a project on behalf of the City in regard to economic development in Stillwater. City Council Meeting May 17, 2016 Page 2 of 8 Amy Guerin, Allyssa Mashak, Jessica Niesen, Brian Noy, and Sean Racheford, and Augsburg College, provided a presentation about “Making Stillwater a Year-Round Town.” They reviewed winter activities held in other cities which may be beneficial for Stillwater. Councilmembers thanked the students for their recommendations. Heritage Preservation Awards Brian Larson, Chair of the Heritage Preservation Commission, acknowledged May is National Preservation Month. He summarized highlights of the HPC’s work in 2015. Heritage Preservation Awards were presented to Jeremy and Sara Imhoff, 514 St. Croix Avenue West; Tim and Catherine Michael, 126 Main Street North; and Randy Raduenz. OPEN FORUM Eric Solberg, 2064 Oak Glen Drive, acknowledged that the proposed yard parking ordinance which had been under discussion for a year was not adopted. He asked if the Council will be drafting different regulations or giving up on a yard parking ordinance. He urged the Council to adopt some common sense regulations on yard parking, taking into consideration residents who do not have choices in regard to where to park. He would like some discussion at the next Council meeting. Mike Robinson, 801 Pine Street West, the Elephant Walk Bed and Breakfast, spoke about the need to enforce zoning regulations affecting bed and breakfasts. He pointed out a known violator who is still advertising for guest reservations. He criticized the City’s handling of the situation, and the City notification to that individual indicating they could honor existing reservations but take no new reservations. STAFF REPORTS Police Chief Gannaway informed the Council that a new siren will be placed on Third Street near the parking ramp which will effectively cover downtown. Mayor Kozlowski recognized the need for education from Washington County on what triggers the sounding of the sirens. Chief Gannaway also noted the Stillwater Police Department’s Bike Rodeo was successful. He thanked businesses and organizations that sponsored and staffed the event. He also stated the Law Enforcement Memorial Service was well attended. Community Development Director Turnblad stated that quotes will be forthcoming for planning consultant help with a couple projects including the VRBO short term rental lodging study and the Aiple Concept Plan. He expects to award the contract at the June 7 meeting. Public Works Director Sanders reported that Washington County will have an open house about County Road 12 improvements on May 25 at Rutherford School. The County’s contractor will start on the Manning and Highway 96 roundabout in a couple weeks. City Administrator McCarty reminded the Council that the LMC Annual Conference is June 15- 17. The Classification/Compensation Study will kick off Thursday with an overview for City staff. CONSENT AGENDA Resolution 2016-101, directing payment of bills City Council Meeting May 17, 2016 Page 3 of 8 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 Resolution 2016-103, approving Access Agreement with Park Construction for construction staging on the Palmer Property Resolution 2016-104, accepting proposal from WSB & Associates for MS4 Storm Water Management Program Updates Possible approval to purchase NFPA compliant hose – Fire Department Resolution 2016-105, approving new On-sale and Sunday Liquor License to Ziggy’s LLC; DBA: Ziggy’s Restaurant Resolution 2016-106, approving cooperative agreement between City of Stillwater and Brown’s Creek Watershed District for the Brown’s Creek Park Project 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 Possible approval of Sanitary Sewer Adjustments Councilmember Weidner asked to pull Resolution 2016-103, approving Access Agreement with Park Construction for construction staging on the Palmer Property. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Regarding the Access Agreement for construction staging on Palmer Property, Councilmember Weidner questioned whether it is prudent for the contractor to bury the concrete from an old foundation on the site. He expressed concern about the likelihood of rebar and cement coming up in the fields that are constructed at a later date. He would like to see whether the contractor could haul the concrete away rather than burying it. Councilmember Polehna agreed. Public Works Director Sanders replied that the contractor may ask the City to pay for hauling and dumping. He agreed to discuss the issue with Park Construction and report back to the Council. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to table Resolution 2016-103, approving Access Agreement with Park Construction for construction staging on Palmer Property, to Friday, May 20. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2016-14 A public hearing to consider a request by Kenneth Heifort, for 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 explained that Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre Heifort property, located at 8753 City Council Meeting May 17, 2016 Page 4 of 8 & 8911 Neal Avenue North. 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 developer is requesting approval of: a) first reading of an ordinance to rezone phase one’s 15.2 acres from AP, Agricultural Preservation to RB, Two-Family Residential; and b) Concept Shoreland PUD Permit approval for 25 acres encompassing both phases of development; and c) Preliminary Plat approval for The Ponds at Heifort Hills, which includes the 24 homes of the first phase. Staff recommends approval of the requests with 23 conditions. Mayor Kozlowski opened the public hearing. Gary Jorgensen, 13187 Dellwood Road North, identified himself as the property owner northeast of the second phase of the development. He stated he was disappointed at not being re-notified of the public hearing after it was tabled. He asked about the impact to his property and his future ability to develop his property. Community Development Director Turnblad responded that for phase two, a recommended condition of PUD approval is that when phase two is platted, consideration must be given to platting a right of way and to providing sewer and water to Mr. Jorgensen’s property. When phase two preliminary plat approval comes before the Council, the developer will have to include plans for how sewer and water would be extended to that property line. Councilmember Weidner suggested that Mr. Jorgensen contact the Planning Department to discuss the possible future right of way. Councilmember Junker asked about the classification of the cul-de-sac. Mr. Turnblad responded that staff contacted MnDOT which indicated they would not allow an additional access point. It has not been resolved yet as to how many more homes could be added. The discussion is premature. When the developer comes back with a preliminary plat for phase two, that will need to be resolved. Mayor Kozlowski closed the public hearing. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt Resolution 2016-108A, approving the Concept Planned Unit Development for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14) and first reading of an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately 15 acres to RB, Two-Family Residential, and to adopt Resolution 2016- 108B, approving the Preliminary Plat for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14), with 23 conditions recommended by staff. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of bids and awarding of contract for 2016 Street Improvement Project, Project 2016-02 Public Works Director Sanders informed the Council that bids were received for the 2016 Street Improvement project, with the low bid of $1,115,948.25 submitted by Miller Excavating. The engineers estimate was $1,281,000. Included in the bid package was an alternate bid for total City Council Meeting May 17, 2016 Page 5 of 8 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, but Oak Park Heights has not yet indicated whether they want to proceed with the bid alternate. Staff would like 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. Staff recommends 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. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2016-109, accepting bid and awarding contract for 2016 Street Improvement Project (Project 2016- 02). Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None NEW BUSINESS Aiple Property Update Community Development Director Turnblad reviewed the terms of the City’s January 2014 Joint Powers Agreement with Washington County for the purchase of the Aiple property on North Main Street. He stated that the County Board is anxious for the City to clos e on the property, but the concept plan and conservation easement need to be created and agreed upon. Mr. Turnblad recapped impediments to creation of the concept plan: community engagement is an intentionally slow and methodical process, and the future of the former Aiple house is under debate. He stated that 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 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. Staff asks the Council to consider the options and give staff direction on how to proceed. Councilmembers Junker, Polehna and Weidner recognized the need to take adequate time with creating a concept plan. City Attorney Magnuson acknowledged that there are significant differences in the County’s versus the City’s vision for the property. The County would still need to approve of the City’s concept for the property before closing. Councilmember Junker pointed out that even with an extension, the County would still hold responsibility for current maintenance of the site such as cutting the grass. He asked if there has been any thought of someone living there for a year and taking care of the property temporarily, and Mr. Turnblad agreed that it is worth investigating what can be done in the short term with the building, if it could be rented out to facilitate maintenance and prevent vandalism. Councilmember Menikheim asked about progress in the conversations with the County, and City Administrator McCarty responded that the two staffs have been in discussion; there are many contingencies involved. He agreed to contact the County Administrator and discuss options in light of the concerns discussed by the Council tonight. City Council Meeting May 17, 2016 Page 6 of 8 Consideration of a Chicken Keeping Permit at 1609 Morningside Drive Community Development Director Turnblad stated that Doug and Nicole Lange wish to keep chickens at 1609 Morningside Drive. Their application meets the requirements of City Code. However, one neighbor has objected to the permit, citing concern about the possibility of neighborhood dogs barking all day due to the presence of chickens. Staff recommends one-year provisional approval. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve a one - year provisional chicken keeping permit for Doug and Nicole Lange, 1609 Morningside Drive. Ayes: Councilmember Menikheim, Weidner and Mayor Kozlowski Nays: Councilmembers Junker and Polehna Possible approval of resolution and contract for participation in Solar Garden City Administrator McCarty briefed the Council on the agreement with Geronimo, LLC, allowing the City to be part of the Solar Garden. Under the agreement, Solar energy would provide about 7.5% of the City’s electric energy annually, resulting in a credit to the City of about $5,000 per year. City Attorney Magnuson noted that because of the City’s commitment, if the solar garden is built, the City will receive a credit. He sees no financial risk to the City associated with the agreement. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution 2016-110, approving solar garden subscription agreement between Geronimo Energy, LLC, BHE Renewables, LLC and the City of Stillwater. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Discussion on 2016 COPS Grant Police Chief Gannaway reported that 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. Staff is requesting approval to apply for one position, school resource officer. The Stillwater Police Department’s ‘authorized’ strength is 23 sworn officers. The City currently has 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. The Police Department has significant staffing issues. Mayor Kozlowski asked if the school district may fund the City’s 25%, and Chief Gannaway stated he would consult the school district, but would first like to have Council approval to proceed. The current school resource officer is .5 FTE which is half funded by the school and half by the City. Councilmember Weidner noted that even if the school district pays the 25%, the City would still be moving the previous person into a different position so the City would still be paying the 25% costs. City Administrator McCarty stated there is an extensive grant application package to complete and if the Council considers approval tonight, staff would bring back a resolution that has all the costs included. City Council Meeting May 17, 2016 Page 7 of 8 Council consensus was to support the grant application in concept, instruct staff to start on the application process and bring back a resolution for approval with actual costs at the June 7th meeting.. COUNCIL REQUEST ITEMS Phipps Center for the Arts - Art Bench Trail Community Development Director Turnblad reported that The Phipps Center for the Arts would like to create an art bench to be placed in Lowell Park. The Parks Commission held discussion, but deferred a decision until after the downtown plan update, which is just beginning. Now the question is whether there is an alternative location in the City that would work for an art bench in 2016. A decision is needed at this time. Councilmember Polehna added that the Parks Commission discussed Bridgeview Park as a possible location. Chloette Haley, SRI, who does the administrative work for the group, told the Council the art bench project has been in process for a number of months. The river is th e focus of the group because the bench will depict the Red Cross. For over 100 years, the Red Cross has served Washington County and portions of Wisconsin, so having the bench along the river is most appropriate. A group of Stillwater Junior High School students is planning to work on the project during the month of June. Funding has been provided for ongoing maintenance and upkeep, as the bench is proposed to be a permanent structure. Mayor Kozlowski stated he would still like the bench to be in Lowell Park , but the City cannot commit to that at this point due to the downtown plan in process. Councilmember Polehna suggested a location immediately south of the Dock Cafe that sticks out into the river that is City-owned. Community Development Director Turnblad stated the area is in need of some clean-up before a bench would be placed there. Council consensus was to direct staff to work with The Phipps and SRI to determine the location. Beyond the Yellow Ribbon Update Councilmember Polehna noted there is a Beyond the Yellow Ribbon meeting next week. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 9:36 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk City Council Meeting May 17, 2016 Page 8 of 8 Resolution 2016-101, directing payment of bills 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 Resolution 2016-104, accepting proposal from WSB & Associates for MS4 Storm Water Management Program Updates Resolution 2016-105, approving new On-sale and Sunday Liquor License to Ziggy’s LLC; DBA: Ziggy’s Restaurant Resolution 2016-106, approving cooperative agreement between City of Stillwater and Brown’s Creek Watershed District for the Brown’s Creek Park Project 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 Resolution 2016-108A, approving the Concept Planned Unit Development for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14) Resolution 2016-108B, approving the Preliminary Plat for The Ponds at Heifort Hills, a detached townhome development located on Neal Avenue North (Case No. 2016-14) Resolution 2016-109, accepting bid and awarding contract for 2016 Street Improvement Project (Project 2016-02) Resolution 2016-110, approving solar garden subscription agreement between Geronimo Energy, LLC, BHE Renewables, LLC and the City of Stillwater. EXHIBIT "A" TO RESOLUTION #2016-112 LIST OF BILLS 3D Specialties Inc. Action Rental Inc. AIR Corval Constructors Air Down There Al's Coffee Company Arrow Hockey and Sport Aspen Equipment Company Aspen Mills Avenet Web Solutions LLC Bald Eagle Sportsmens Assoc. Boyer Trucks Bryan Rock Products Inc. Burks Tree and Landscape Care Carquest Auto Parts Century Link Century Power Equipment Cole Papers Comcast Cope Plastics Inc. County Materials Corporation Coverall of the Twin Cities Ess Brothers & Sons Inc. Far From Normal Supply Fastenal Company Frontier Ag & Turf Fun Jumps GASB Gertens Wholesale Goodyear Commercial Tire Grafix Shoppe Granicus Inc Grunzinger Raymond E Heikes Tree Service Heritage Embroidery and Design Holiday Companies Holiday Credit Office Hydro-Klean LLC Iceman Industries Inc. Junker Brad Lake Elmo Oil Inc Loffler Companies MACIA MacQueen Equipment Inc. Madden Galanter Hansen LLP Mansfield Oil Company Marshall Electric Company Menards Galvanized channels & surface mount Concrete and mixing trailer Freon leak repair Safety equipment Coffee for concessions Skates Equipment repair supplies Uniforms -Peterson Website service package Range charges Equipment repair supplies Red Ball Diamond Agg Professional services Equipment parts and supplies Telephone Equipment repair supplies Janitorial supplies Internet Equipment repair supplies Storm sewer repair supplies Commercial Cleaning Services Storm sewer repair supplies Graphtec cutting mat Equipment repair supplies Equipment repair supplies Dunk tank & obstacle course Subscription Flowers Tires Custom non reflective kit Qtrly web streaming service Grading Escrow Refund Tree removal Uniforms Vehicle washes Fuel Seal defects leaking within two man holes Liquid ice melt & dust control liquid Reimburse for supplies for bike rodeo Fuel Copier Lease Training Training Labor Relation Services Fuel Electrical repair & install Supplies Page 1 2,557.50 210.00 1,367.17 706.73 273.95 313.75 8,121.00 115.80 1,700.00 220.00 4,086.54 676.10 1,369.60 242.92 126.45 230.70 6,624.13 94.40 51.83 495.00 1,772.00 1,203.50 52.15 341.56 2,742.50 450.00 240.00 873.84 509.37 715.00 1,086.00 1,500.00 19,675.00 83.94 165.00 81.90 2,175.00 4,100.00 14.76 15 .66 3,634.79 295.00 250.00 97.30 4,804.58 4,911.00 1,876.66 EXHIBIT "A" TO RESOLUTION #2016-112 Midwest Fence M i nnesota Department of Health M itchell Ryan MN Bureau of Criminal Apprehension MN Dept of Agriculture Modern Heating My Alarm Center Office Depot OnSite Sanitation O'Reilly Auto Parts Performance Plus LLC Quill Corporation R&R Specialties Inc. RDO EQUIPMENT CO . Regency Office Products LLC Riede l l Shoes Inc. Rose Floral Sentry Systems Inc. SHI International Corp Simplifile LC SiteOne Landscape Supply Soldo Consulting Sprint PCS SRF Consulting Group St . Croix Boat and Packet Co . St. Croi x Mari ne and Power Stillwater and Oak Park Heights CVB Stillwater Motor Company Stillwater Turf & Power LLC Streichers T.A. Schifsky and Sons Tessman Seed Co. St . Paul Total Parking Solution s Inc. USAble Life Valley Trophy Inc. Veri zon Wireless Wal Mart Community Wash i ngton County Assessment & Taxation Wash i ngton County License Center Washington County Public Works Wenck Construction WSB & Associates Inc. Wulfing David Xcel Ene r gy Ziegler Inc . Fencing Lily Lake Hospitality Fee Reimburse for sandwiches for Bike Rodeo Crime scene course Terra chemical termina l site clean up Repairs-cooling in server room at parking ramp Alarm Monitoring Services Office supplies Toilet rental Equipment parts & repair supplies Drug screen guest chairs for inspectors Paint and supplies Equipment repair supplies Office supplies Skates Flowers Alarm monitoring Maintenance on back up devices Recording fees Park facility supplies Professional services Cell phone Downtown Plan Update Ramp cleaning & arena billing Equipment service Qt rly Lodging Tax Parts & service Ice Edger repairs Ammo Asphalt Chemicals Modem for parking terminals Term Life Insurance Plaques with engraving Wireless service Bike Rodeo supplies Special Assessmen t Billing Registration for new 2016 Explo r er Traffic signal ma int. Police station expansion Professional service s Reimburse for dog boarding Energy Equipment repai r supplies Page 2 15 ,296 .00 35 .00 179 .97 375.00 317 .96 362.50 92 .67 119 .99 817.64 180.91 270.00 283 .54 2,108.15 318.82 127.37 676 .71 69.60 140.85 2,226 .00 200 .00 189 .91 1,641.32 101.30 1,688.39 118,528 .14 137.45 30,879 .18 80 .23 254 .58 551.99 2,370 .69 145 .84 1,079 .00 441.60 117 .00 1,506 .93 222 .00 5,802 .00 20 .75 112 .03 2,812 .50 1,253 .00 70 .00 29,277.42 146.94 EXHIBIT "A" TO RESOLUTION #2016-112 Page 3 CREDIT CARDS Alliance for Innovation LMC Annual Conference 1,200.00 Amazon .com Water board fiber project network rack 194.99 Blauer Manufacturing Polo shirts 179 .88 Chief Supply Corp. Uniform shirts 283.45 Ebay Batteries fir fire panel in server room 28.99 Grand View Lodge Lodging MCMA conference 228 .06 Jerrys Upholstery Boat seats 277 .21 MN American Planning Assoc MNAPA training 83 .10 Office Depot Office supplies 38 .32 Port Supply Boat repair 119 .99 Science Museum of Minnesota Training 278.00 Signcad Systems Inc. Software maint on SignCad software 902 .50 Vista Print.com Postcard Appreciation Program 65.53 MAY MANUALS Comcast TV Internet & Voice 173 .52 Enterprise FM Trust Lease vehicles 2,308.48 Gopher State One Call 2016 Annual Facility Operator Fee 100 .00 MN Dept of Health Plan Review 150.00 Postmaster Postage for newsletter 1,447.60 PPM Technology Sensors 797 .20 Thomson Reuters Info charges 131.25 Xcel Energy Energy 1,666.46 LIBRARY Baker and Taylor Materials 1,778.59 Brodart Co Materials 2,632 .25 (engage Learning Materials 215.91 Culligan of Stillwater Water 25.75 Demeo Inc. Processing Supplies 912 .50 Hannah Karen Staff Reimbursement 32 .82 Hedin Sue Staff Reimbursement 65 .59 Midwest Tape Materials 1,500.83 Office of MN IT Services Phone 224 .76 MSR Design Design Services 2,580 .00 Premier Lighting Inc Lighting 298.07 Quill Corporation Supplies 239 .87 Toshiba Business Solutions Maintenance Contract 212 .54 Valley Bookseller Adult Non Fiction 19 .96 Xcel Ene r gy Energy 4,121.35 EXHIBIT "A" TO RESOLUTION #2016-112 LIBRARY CREDIT CARDS Amazon .com Custom Ink Dream Host Kowalski's Market River Market Co-Op Materials Bookawocky Monthly Website Fee Programming Programming Page 4 445.15 157.99 19 .95 38.34 149.33 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651 -297-5259 TTY 651 -282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number l._s_t._M_a_ry_'_s_c_at_h_o_lic_C_h_u_r_c_h _________________ _,J .__l1_86_5 ______ ____.JI ~8_54_-_9_22_5 ______ ___, Address City State .__l4_23_So_u_t_h_5_th_S_t_re_e_t ______________ ~I ..... ls_ti_llw_a_t_e_r ____ ___,J JMN Name of person making application Business phone ..... IF_lo_H_a_r_ri_s ----------------------~J 1651-439-1270 Date(s) of event J Sunday September 11, 2016 Organization officer's name I Fr. Michael lzen Organization officer's name Organization officer's name Organ ization officer's name Location where permit will be used . If an outdoor area, desc ri be. Parking lot of the church Type of organization J 0Club D Charitable City 1 [stillwater City I City I City igJ Religious State 1 IMN State I IMN State I IMN State I M N Zip Code J i5sos2 Home phone D Other non-profit Zip Code 1155082 Zip Code 11 Zip Code 11 Zip Code II If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service . If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT 4?b~ City or County approving the license e2f5.~e~l~ Date Approved Permit Date City or County E-mail Address City or County Phone Number Signature City Clerk or County Officia l Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE : Submit this form to Alcohol and Gambling Enforcement Di v isi o n 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY . PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY /COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL E-MAIL THE APPLICATION SIGNED BY CITY /COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US Memo To: Mayor and City Council From : Alison Egger ~~ Assistant Finance Director Date: 5/23/2016 Re: Abatement Request BACKGROUND 2015 Street Project Improvements inadvertently assessed to the following city properties and removal is requested : • 28 .030 .20.14 .0038 • 28 .030 .20.13.0159 • 28.030.20.13.0085 • 28.030.20.42 .0079 • 28 .030.20.42.0176 • 28 .030 .20.13.0126 • 28 .030.20.41 .0125 • 28 .030.20.13 .0151 • 28 .030.20.42 .0078 RECOMMENDATION Staff recommends abating the assessments from the property taxes for the payable year 2016 for the follwing PIO : • 28 .030 .20.14.0038 • 28.030.20.13 .0159 • 28 .030.20.13 .0085 • 28 .030.20.42 .0079 • 28 .030.20.42 .0176 • 28 .030.20.13.0126 • 28 . 030 .20.41 . 0125 • 28.030 .20 .13.0151 • 28 .030 .20.42.0078 ACTION REQUIRED If council agrees with staff's recommendation , Council needs to pass a resolution abating the special assessments . CC : Sharon Harrison -Finance Director RESOLUTION 2016-113 A RESOLUTION APPROVING THE ABATEMENT OF CERTAIN SPECIAL ASSESSMENTS WHEREAS, the following assessments were inadvertently assessed to the following propertiues for the 2015 Street Project and removal is requested: WHEREAS, these assessments need to be abated for taxes payable in 2016. PID Type 28.030.20.14.0038 28.030.20.13.0159 28.030.20.13.0085 28.030.20.42.0079 28.030.20.42.0176 28.030.20.13.0126 28.030.20.41.0125 28.030.20.13.0151 28.030.20.42.0078 Total Amount 106.76 782.96 3665.68 2313.29 1514.6 177.94 328.48 1352.38 533.83 Principal Interest 69.38 508.82 2382.22 1503.34 984.29 115.64 213.47 878.87 346.92 37.38 274.14 1283.46 809.95 530.31 62.3 115.01 473.51 186.91 LI #406 LI #406 LI #406 LI #406 LI #406 LI #406 LI #406 LI #406 LI #406 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, that the special assessments, as stated above, are hereby abated. Adopted by the City Council this 7th day of June, 2016 Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Abatements ! Vear Payabie Bate PID Ad dress Total Amount Pr incipal Interest Type Reas on 2016 6/7/2016 28 .030 .20.14.0038 106 .76 69.38 37.38 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28 .030 .20 .13 .0159 782.96 508 .82 274 .14 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28 .030 .20 .13 .0085 3665 .68 2382 .22 1283.46 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28.030 .20.42.0079 2313.29 1503.34 809.95 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28.030 .20.42 .0176 1514 .6 984.29 530 .31 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28 .030 .20 .13 .0126 177.94 115.64 62.3 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28 .030 .20.41 .0125 328.48 213.47 115 .01 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28 .030.20.13.0151 1352 .38 878.87 473 .51 LI #406 City Property Inadvertently Assessed 2016 6/7/2016 28 .030.20.42.0078 533.83 346 .92 186 .91 LI #406 City Property Inadve rtently Assessed 10775.92 7002.95 3772.97 Street Total Date: June 3, 2016 TO: Mayor and City Council FROM: Diane Ward, City Clerk SUBJECT: Summer Tuesdays Noise Ordinance Waiver Approval of Event & Contract Summer Tuesdays is proposed to take place on seven Tuesdays from July to August, starting at 4:00 p.m. however because their event will extend past the 10:00 p.m. noise ordinance requirement, they have requested a waiver of the noise ordinance to 11:00 p.m. The application for 2016 is the same as last years which entails doing the movie in the new amphitheater, only use parking lot 5 (the new smaller lot) for food vendors and the retail vendors will be in the park instead of a parking lot. They will be blocking Sam Bloomer Way in front of gazebo (see map) but access to the south remains open as well as Parking Lot 4. They will provide their own barricades. No portable restrooms are required but they will restock, clean and maintain pedestrian plaza restrooms. City Services: $750 damage deposit (on file) 1 electrical box - $20 per outlet X 7 dates = $140 Amphitheater Rental - $125 per day x 7 dates = $875.00 Parking Lot #5 – $1.50 per space X 7 spaces X 7 dates = $73.50 Water Shut off key deposit = $50.00 (on file) Total amount due by June 19, 2016: $1,088.50 RECOMMENDATION: There have not been any issues in the past therefore staff recommends approval of the noise waiver until 11:00 p.m. for Summer Tuesdays and payment for City services by June 19, 2016. RESOLUTION 2016-114 APPROVAL OF 2016 SUMMER TUESDAYS SPECIAL EVENT AND CONTRACT BE IT RESOLVED, by the City Council of Stillwater, MN that the special event and contract between Summer Tuesdays, Inc. and the City of Stillwater, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 7th day of June, 2016. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk SUMMER TUESDAYS AGREEMENT 2016 THIS AGREEMENT between the City of Stillwater, Washington County, Minnesota (“City”), and Summer Tuesdays Inc. (“Organizer”), 1. Summer Tuesdays. The City has encouraged Summer Tuesdays in order to foster and promote tourism and encourage commerce that will ultimately increase property values and the quality of life within the City. 2. Event/Alcohol. No alcohol will be served during this event and no Other Alcohol or Coolers are allowed. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the park. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. 5. Dates and Hours of Event. Operations are limited as follows: July 12, 19, 26 and August 2, 9, 16, 23 (7 dates) from 4:00 p.m. to 11:00 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. THE ORGANIZER IS AWARE AND WILL INFORM ALL VENDORS AND EVENT PARTICIPANTS THAT STAKING INTO THE ASPHALT FOR TENTS, ETC. IS NOT ALLOWED (ANY DAMAGE REPAIR WILL BE PAID FOR BY THE EVENT ORGANIZER). The Event is given use of Lot 5. The Organizer agrees to pay the City for the use of the parking lot according to the parking space fees designated by the City Council. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City’s park property. In the event that damages occur to the City’s property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made to the City in the amount of $750.00 and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer shall be required to barricades for street closure, trash removal and electricity for vendors. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restroom, however, the Event Organizer will be responsible for maintaining, cleaning, security and supervision for the restrooms. If the Event Organizer does not have the manpower to maintain the public restrooms, the City will provide staffing or a contractor with the costs (overtime rate) to be invoiced to the Event Organizer. The City shall be notified 2 weeks in advance of the Organizer’s intent on maintaining the City restrooms. b. Barricade Placement. Lessee may at 8:00 am place barricades at the parking lot entrance on Myrtle Street. Barricade placement for Sam Bloomer way shall not occur until two hours prior to the event. c. Trash Enclosures. The Organizer shall furnish dumpsters or roll-off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. d. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. The Organizer shall be charged for the use of each electrical box according to the permit fee schedule. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. e. The City shall provide the Organizer a key for the water shut off valve. The Organizer shall provide a $50 deposit for such key and will be reimbursed upon return of said key. f. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets by 3:30 p.m. on the Monday following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, Monday following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. 12. Vendors. NO CAMPING. The Organizer agrees to inform any vendors that there is no camping in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City’s Sanitary or Storm Systems. c. The Organizer agrees to provide 1 hand washing station to facilitate the expected crowds and vendors as deemed necessary to protect public health. 13. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event’s authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 14. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 15. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. IN WITNESS WHEREOF, the parties have set their hands this 1st day of April, 2016. SUMMER TUESDAY’S INC. _________________________________ Signature _________________________________ Its_______________________________ Print Name STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2016, by ______________________________, its _____________________________________________ for the Summer Tuesday’s Inc. Notary Public CITY OF STILLWATER _________________________________ Ted Kozlowski, Its Mayor ATTEST: ______________________________________________ J. Thomas McCarty, Its Acting City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of ___________, 2016, by Ted Kozlowski, Mayor, and J. Thomas McCarty, Acting City Clerk, on behalf of the CITY OF STILLWATER. Notary Public EVENTS PERMIT APPLICATION r---- 216 North 4th Street, St/I/water, MN 55 E C E / V Telephone: 651-430-8837 Fax: 651 -430 881.0 E 0 Incomplete applications or applications rece ived after deadline will not be accepted. See Event Instructions for applicati on deadline and fees. Date of Application : --=J-,--+-,%....;;.J....;..3,-+,V_/-===b'------ Event Information Title/Name of Event 0 se Onl Event Date/Time : Set up: Date 'J:;5/tij ;, (/172 -8/zj ?n/Y.~Time _Z=--- Time -=!7:.... ___ _ Actual Event: Date ___________ _ Clean up: Date ------------Time ...._~..;--/ __ M1\Y 1 3 20i6 to 5 to I/ to 12 (Events after 10:00 p.m. require a variance from City Council Locat ion (Address) of Event : (If in Lowell Park please spec ify north or south Lowell park) Des cription of Event (pl ease be specifi c · t h is Inform ation wlll be used to promote t he event o n th e City of Sti llw at er w ebsi t e) Uk~fe_:5L,nJ,117~pV>~;{ A /$<vi ~~ /,1/u51c ,d~"i..///o'4e 5,h~ fre'e' CCMMu1-•uf,y~vt!'uf-hjv ~ tf?p1TJ'y,::. --,4',-,"(y ,. #-~ ,,~ }~ // A~ .e /Jh -;,J. /t/1(-f v;Ll.,~,r /~ -±?.Ir, ,c ,/~1r f-PUdt, Z3vy /a,,-hN-<,~,/1 M ... e.~r ~~-e y o1,,,.v-d'A-""-l~_j 3/,0.e.5. (.J,,., /.,..,.s rf ;rA/"'1/ ~ h :,,,L /?ftA5/C ~v,// J<. ntov~-/v 7'~ f-e,v" ~,. 'T Fl Estimated Attendance (partici pants and spectators): Appllc:ant Information (Person/Gro~p Responsible) Sponsoring Organization Name: _5;,, /?.'1,>?"/, v-~e.:..CI.~ , .c. I -c _ A' /Irv---· /, L /. // J-----------....:...F' __ ____;/:.......:;_ ~""'1___:_.?_t'.cl.....,L.:._.;,=---:;;;.~ ____ P_:__\_._,....---1¥,'--.:..._'...:._'_.:.:~=-=.;~~I/I ...:..,:Y~:!:.:Ji..::.:f" ?'J•i41 MailingAddress: /0/ U,if-?t./ 3; . City,State,ZipCode: 5-/t//~f~ $A/ 550§2 Primary Contact/Applicant Name: ~ ..Et-i ~l..t!:,,v- Phone Number: /?5/ 2f5 -t/7? 5 Fax : Cell Phone : Email Address: Ce>0 ,};~~~ (1 )?ta i /. ~~ Name of contact person duri ng event: U~51 c:. ~%mo r ~ Alternate contact during event: a-f.C-) Refer media or cit izens inquires to: ~ $~7/Ji,-Phone: Site Plan: A site plan is mandatory for all events. Please provide a map of the site layout. Include any tables, stages, tents, fencing, portable restrooms, vendor booths, trash containers, etc. If event involves a parade, race or walk, please attach a route map highlighting route. Include rest stop stations, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No D Yes~ Number and size: }4,~ ?)t/ev //~11h 5t-. Will there be any inflatables? No D Yes ·gf We ~ve ,e:'.,.wre-1-<ltJ'e ~,-h;i?i on ?"A,>_ In sura nce certlflcat1;om ren to en dar is req uli? , , J,t:,1// .J)vav-, < 1..-1 Juvr.iw-( i /r /> .et :;10 Will there be entertainment? No D Yes Er What type : ~5ic f-Ao,/,~ Fees for electricity moy apply see Instructions Will sound amplification be used? No D Yes 0 Hours and Type: ?/-Jj 111 , Will a stage or tent(s) be set up? No~ Yes D Dimensions: Will there be temporary fencing? No [x1' Yes D Will merchandise/food items be sold? Yes ;gJ How many 6··-8 /:c,o,11( Fees for electricity moy No D vendors expe ct ed : 70-3?J J!L_"fe. ,J apply see Instructions Will food be prepared on site? No D Yes El' Contact Washington County Health Department, 651 ·430-6655 Will cooking operations be conducted? No D Yes ,S Contact Stillwater Fire Department, 351-4950 Will alcohol be served but not sold? No g Yes D See Alcohol Regulations in the Instructions Will alcohol be sold? No :gJ Yes D See Alcohol Regulations In the Instructions Will there be a fireworks display? No ~ Yes D Permit required, contact Stillwater Fire Department, 651-351-4950 Describe power needs and location of power source . -;-.J,. )~11 -7"~,,:k~ bvAy l.ox t Loi 5 /CM ~OJ+" I.,..., Describe level of advertisement (ie, radio, flyers, ads, tv, press release). Attach sample if available rlj_p-;-> /~Vt!'~,7 ~koJ-e,, .A-1c1V ~-/}/,{,~ .rl~e...-pr----- City Services (After revie win g the event a pp ti ca tion , City services mav 'J>e reautf ed for the eve ht .) Will event use, close or block any of the following: If yes specify location on site map. ~ Start/End Time:/2..,f"' -IZ/)YI ,..-,-- City Streets or Right-of-way No D Yes Date: f v,<l"s"'/Ay;5 City Sidewalks or Trails No )9 Yes D Start/End Time: Date: ?/Jz -e/2..3 Public Parking Lots or Spaces No D Yes~-Start/End Time: !Zar, -12/.,,,.., Date: Will event need barricade(s)? No JKi Yes D Number needed : Fees may apply see Instructions Will extra picnic tables be needed? No _ja. Yes D Number needed: Fees may apply see Instructions Will portable restrooms be needed? No% Yes D Number needed: Fees may apply see Instructions Will extra trash receptacles be needed? No~ Yes D Number needed: Fees may apply see Instructions Describe trash removal and cleanup plan during and after event: ~c.y!,~ t::'bn /;,,./AtWfa ~-/// k ,<'t,6. · 4h) ~ Will event need traffic control? No~ Yes D Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: ~e""..-f cPY!Jt!i14/u-; O,t-/ Aert'Jcf-/b .ca,4f-.,,!.e t-t--/tJ:.. J,,i:vll/lf-<e~.? -1-o S~e/~4> ,1_t.J Jc> ~/' vi.,/< p'{. 3,rfe c7v-e-t1. fl. )/,c A-r-t!v.,'>,; .!y >fa-a,..1/ I "5-e. -<U:r"r4t,/~ :?'o 1 i'v<! e ;~u,i<"y 1:,, 5-hc.f; ~---> / / 11-e ce:>SP 7 . Will "No Parking Signs" be needed? No JZI Yes D Number needed: Fees may apply see Instructions Show location(s) on site map Will event need security? No ,%J Yes D If event is overnight, security will be required. If using private secruity, list Security Company and Contact Information: 11/Pi. Will event need EMS services? No@ Yes D Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: ,,('t,A<r,/ftilc £v--~/-~ c/ --Tk ~~ $~ _7;,h I? / AW,:£' -/~ C.r,Je .5'evlio/'.e µ.,,--e'lf(. ~- Describe the emergency action plan if severe weather should arise: 5-e'e.. ~/.,~ve List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, Its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. I realize my submittal of this application request constitutes a contract between myself and the City?~l~Liabifity. 5" /)_3/(,b s~lre of A~uthorized Agent -D-a-te'""'7 ....._ __ 7 ____________ _ \ I \ Downtown Stil water Event Venue ap Lot 1 --106 spaces Lot 2 --84 spaces Lot 3 --35 spaces Lot 4 --29 spaces Lot 5 --7 spaces Lot 6 --16 spaces Lot 7 --16 spaces Lot Ba -50 spaces Lot Bb --89 spaces Lot 9 --30 spaces Lot 10 --49 spaces Lot 11 --45 spaces Lot 12 -85 spaces Lot 13 --28 spaces Lot 14 --15 spaces Lot 15 --20 spaces Lot 16 --47 spaces Lot 17--103 spaces Lot 18 --53 spaces Lot 19 --83 spaces Lot 20 --22 spaces Ramp --248 spaces Total = 1,260 spaces Lot 8a reserved for co-op customers RECEIVED MINNESOTA LAWFUL GAMBLING MAY 2 7 2016 6/15 Page 1 of 2 LG230 Application to Conduct Off-Site Gambling No Fee ORGANIZATION INFORMATION BY: Organization Name: Stillwater Knights of Columbus License Number: 04684 Address: 1910 Greeley St S City: Stillwater MN Zip: 55082 Gambling Manager Name: Joseph Swiersz Daytime Phone: 612-270-5595 Chief Executive Officer (CEO) Name: Tom Thul Daytime Phone: 651-755-8394 GAMBLING ACTIVITY Twelve off-site events are allowed each calendar year not to exceed a total of 36 days. From _L__J_J 5_;-1§_ to _L__J__l_? J..J§_ Check the type of games that will be conducted: DRaffle DPull-Tabs 0Bingo DTipboards D Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted: Lowell Park -Stillwater Street address and City (or township): Intersection of Myrtle St and Water St Zip: 55082 County: Washington • Do not use a post office box . • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42) . Does your organization own the gambling premises? Oves If yes, a lease is not required. 0No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF-SITE ACTIVITY (a lease agreement is not required for raffles) Rent to be paid 'for the leased area: $0 (if none, write "O") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee . • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Lumber Jack Committee to supely tent, tables, chairs, and electical outlets. Lessor's Signature: Date: Print Lessor's Name: CONTINUE TO PAGE 2 LG230 Application to Conduct Off-Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name: Sf, 1 l W4'!~ er County Name: Date Approved by City Council: Date Approved by County Board: Resolution Number: Resolution Number: (If none, attach meeting minutes.) (If none, attach meeting minutes.) Signature of City Personnel: Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. Local unit of government On behalf of the township, I acknowledge that the organization is must sign. 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: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organizati on Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this application . ·~~ ~---d-CJ -d--0 /~ Signature of CEO (must eCEO's signature; designee may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Questions? Contact a Licensing Specialist at 651-539-1900. Suite 300 South 1711 West County Road B Roseville, MN 55113 Fax: 651-639-403 2 This publication 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 If the Board does not issue a permit, all information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be involved in lawful will remain public. gambling activities in Minnesota. Your organization has the right to refuse Private data about your organization are available to: Board members, to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public information when specifically authorized by state or federal law to have access to the received by the Board . All other information provided will be private data information; individuals and agencies for which law or legal order about your organization until the Board issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board issues the permit, all information provided will become public. and anyone with your written consent. An Equal Opportunity Employer RESOLUTION 2016-115 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING KNIGHTS OF COLUMBUS 1632 WHEREAS, Knights of Columbus 1632 has submitted an application to the City of Stillwater requesting City approval of an Application to Conduct Off-Site Gambling for bingo in Lowell Park, Stillwater, MN 55082; and WHEREAS, the dates for the off-site gambling will take place during Lumberjack Days on July 15 , 16, and 17; 2016; and WHEREAS, it has been demonstrated that the organization is collecting gambling monies for lawful purposes. N OW THEREFORE, BE IT RESOLVED, that the City of Stillwater approve of the Application to Conduct Off-Site Gambling from the Knights of Columbus 1632 during the date stated above . 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 7th day of June, 2016 Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk PLANNING COMMISSION MEETING DATE: June 7th, 2016 CASE NO.: 2016-19 Planning Commission: May 11, 2016 APPLICANT: Dave Najarian, representing The Lion’s Tavern REQUEST: Consideration of an appeal to the Planning Commission’s decision regarding a Special Use Permit amendment to allow for live, outdoor music, a form of outdoor entertainment, as well as consideration of a waiver to for The Lion's Tavern and at the property located at 324 Main Street South. ZONING: CBD – Central Business District COMP PLAN DISTRICT: DMU PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant request is two-fold: 1. Appeal of a Planning Commission conditional approval to allow for live, outdoor music on the west patio, behind the structure located at 324 Main Street South. 2. A waiver to City Code Sec. 38-3, Subd. 2 of the City Code prohibits the use of musical instruments or operation of sound reproducing equipment outside after 10:00 pm if it can be plainly heard more than 50 feet from the source. Therefore, the approval of the request for outside music past 10:00 pm may only be approved by the City Council if they grant a waiver to this standard. BACKGROUND The Planning Commission granted approval of SUP 2006-05 which allowed for outdoor seating for Stone’s restaurant. A condition of approval was that ‘evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint.” The case files note ‘piped music’ was proposed. The Planning Commission granted conditional approve of SUP 2016-19 at their May 11th, 2016 meeting. The specific request is to allow limited music past 10:00 p.m. in the summertime months that would: Case No. 2016-19 CC: June 5, 2016 Page 2 of 4  Be located at the southern edge of the patio, facing to the north and to the west; and  Encompass small groups of 1-3 people, mostly playing guitar and vocals, designed to be ambient background noise for the establishment; and  The music is proposed to be amplified (though the application does indicate there would not be large amplifiers); and  Cease by 10:00 on school nights. APPLICABLE REGULATIONS AND ANALYSIS Staff has addressed the consideration of the Special Use Permit amendment for live, outdoor music in the attached Planning Commission report. The Council should review the report for consideration of the appeal in the public hearing. In regards to the request for a waiver to City Code Sec. 38-3, Subd. 2, only one permanent waiver has been granted by the City; all other waivers have been granted for a temporary basis, typically in conjunction with a special event permit. The waiver to the noise ordinance was issued to the Water Street Inn as part of CPC Case No. 2013-10 for piped music through the restaurant’s PA system. At that time the City Council utilized the Special Use Permit regulations for their consideration. City Code Section 31-207(d) indicates that a SUP may be approved if the following are found: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The applicant’s request does not conform to the city’s noise ordinance. Sec. 38-3 of the City Code prohibits operation of sound reproducing equipment after 10:00 pm. If the City Council elects to approve the request, a noise ordinance waiver must be granted to allow outdoor live music after 10:00 pm. 2. Any additional conditions necessary for the public interest have been imposed. If the City Council elects to approve the request, conditions are listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Downtown is a mixed-use area with many residents in addition to businesses and visitors. However, amplified outdoor music has been a continual source of complaints from residents within and near downtown; a copy of a letter from the Runk Condominium Association, located at 101 Olive Street West, is attached for the Council’s review. The request for unlimited amplified music every day of the week create a nuisance or be detrimental residents, other businesses and visitors. While the applicant has indicated the music would be 1-3 people and generally of a soft tone, this type of Use Permit amendment is transferable, concern has been raised that monitoring the type of live music will not only be challenging but also, as permits are transferrable, that the use may become a significant nuisance if the band selection changes. Recognizing these potential impacts, if the City Council elects to approve this request, staff recommends reducing the hours when outdoor live music would be permitted to no more than four to six hours per day, setting which days for a duration of time. This would help Case No. 2016-19 CC: June 5, 2016 Page 3 of 4 ensure the impact of this outdoor entertainment would not become a consistent burden to the neighborhood. A condition allowing adjustments to the permit based on complaints received is also proposed. Although noise ordinance waivers have been granted for outdoor music beyond 10:00 pm for individual special events, only one waiver has been granted to a downtown business on an on-going basis. Granting such a waiver will continue a clear and potentially negative precedent for future requests. Police Chief Gannaway has recommended allowing for nothing more than acoustic music past 10:00 pm. ALTERNATIVES The Council has the following options: 1. Approve the requested special use permit and associated waiver, with or without conditions. 2. Deny the requested special use permit and associated waiver. 3. Continue the request for more information. The 60-day decision deadline for the request is June 14, 2016, but the review period can be extended for another 60 days. FINDINGS AND RECOMMENDATION Staff finds that with certain conditions, approval of the Special Use Permit amendment to allow for live outdoor music is in conformance with the Special Use Permit. While the City has authorized noise ordinance waivers for special events and one existing business, these waivers have been applicable to properties that are located close to the eastern boundary of the city, and situated at a distance from the residential neighborhoods. As this property is located within one block of multi-family zoned parcels, findings cannot be made for a waiver to the noise ordinance. At their May 11th, 2016 meeting, the Planning Commission voted 6-0 to recommend approval of the special use permit with the following conditions: 1. Live outdoor music is permitted to be located on the western patio, situated in a location where sound is directed in as easterly fashion as possible and as depicted on the site plan as proposed in Case No. 2016-19. 2. Amplified music shall only be permitted 7:00-10:00 pm, Thursday through Saturday, from May 1 through Labor Day and including Memorial Day, Independence Day, and Labor Day. 3. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. 4. The City reserves the right to reduce hours approved in this permit if the outdoor entertainment becomes a nuisance. 5. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Case No. 2016-19 CC: June 5, 2016 Page 4 of 4 6. A 90-day review shall be conducted by staff for substantiated complaints to be brought before the Planning Commission in a public hearing for consideration of revocation of the permit. Staff recommends approval of the special use permit with those conditions identified by the Planning Commission as well as: 7. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. Staff would further recommend the Council direct staff to prepare formal approval, of a Resolution or Findings of Fact for denial, to be brought back for the Council’s consideration at their next regularly-scheduled meeting. ATTACHMENTS Appeal Memo (1 page) Planning Commission Packet Site Location Map Applicant Submission Original Narrative Request (2 pages) Patio Rendering Neighborhood Comment (2 pages) I would like to appeal the planning commission ruling limiting our amplified outdoor live music at the Lion's Tavern. \ I feel that live music outdoors is a huge draw to our tourist driven downtown. We do not want to have loud rock bands as Shanghai had but we do want to have tasteful outdoor music played Tuesday-Sunday that people can hear. In order to hear the music around the patio, low to moderate amplification is necessary. Limiting our outdoor live music to three days per week cuts tremendously into our summer profits. As we all know it's feast or famine in Stillwater in the summer versus the winter. We would be more than happy to have periodic decibel checks done to assure that we are staying within the legal limits of noise production per the Stillwater guidelines. Thank you for your time. Dave Najarian ' ·.,_~~i'{c·:·. " " ' -~ !)ep!l1ffltln1 Community Oevelo n ~ Community Developmem~nffMftrnent PLANNING COMMISSION MEETING DATE: May 11, 2016 CASE NO.: 2016-19 APPLICANT: Dave Najarian, representing The Lion’s Tavern REQUEST: Consideration of a Special Use Permit amendment to allow for live, outdoor music, as a form of outdoor entertainment, for The Lion's Tavern and at the property located at 324 Main Street South. ZONING: CBD – Central Business District COMP PLAN DISTRICT: DMU PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND The Planning Commission granted approval of SUP 2006-05 which allowed for outdoor seating for Stone’s restaurant. A condition of approval was that ‘evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint.” The case files note ‘piped music’ was proposed. REQUEST The applicant requests an amendment to the special use permit to allow outdoor live music on the west patio, behind the structure located at 324 Main Street South. The specific request is to allow limited music past 10:00 p.m. in the summertime months that would:  Be located at the southern edge of the patio, facing to the north and to the west; and  Encompass small groups of 1-3 people, mostly playing guitar and vocals, designed to be ambient background noise for the establishment; and  The music is proposed to be amplified (though the application does indicate there would not be large amplifiers); and  Cease by 10:00 on school nights. APPLICABLE REGULATIONS AND ANALYSIS Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor music1 may be allowed in the Central Business District by special use permit approved 1 The line item in the commercial use table that covers outdoor music reads: “Exterior phonographs, paging systems, musical instruments, etc that may disturb the peace and quiet of the public”. Case No. 2016-19 CPC: May 11, 2016 Page 2 of 4 by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor entertainment by special use permit. The request is to allow live, amplified music until 10:00 p.m. Sunday through Thursday and past 10:00 p.m. on Fridays and Saturdays. Since the seating capacity for the patio remains unchanged, there is no effect on parking demand. The request does not conform to the city’s noise ordinance. Sec. 38-3, Subd. 2 of the City Code prohibits the use of musical instruments or operation of sound reproducing equipment outside after 10:00 pm if it can be plainly heard more than 50 feet from the source. Therefore, the approval of the request for outside music past 10:00 pm may only be approved by the City Council if they grant a waiver to this standard. 2. Any additional conditions necessary for the public interest have been imposed. If the Planning Commission elects to recommend approval of the request, staff recommends the conditions listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Outdoor music, especially amplified, has been a continual source of complaints from residents within and near downtown. Downtown is a mixed-use area with many residents in addition to businesses and visitors. The request for amplified music may create a nuisance or be detrimental to residents, other businesses and visitors. Recognizing these potential impacts, Police Chief Gannaway has indicated amplified music past 10:00 pm is not appropriate. If the Planning Commission elects to approve the outdoor entertainment request, staff recommends reducing the hours when outdoor live music would be permitted to no greater than 10:00 pm, May to October. A condition allowing adjustments to the permit based on complaints received is also proposed. ALTERNATIVES The Planning Commission has the following options: 1. Determine that the outdoor entertainment request is in conformance with the provisions for issuance of the SUP and approve the Special Use Permit request with or without conditions. If the Commission would like to approve the Special Use Permit with conditions, staff would recommend the following: a. Live outdoor music is permitted to be located on the western patio, situated in a location where sound is directed in as easterly fashion as possible and as depicted on the site plan as proposed in Case No. 2016-19. Case No. 2016-19 CPC: May 11, 2016 Page 3 of 4 b. Outdoor music shall only be permitted until 10:00 pm, seven days per week from May to October, unless a waiver to the noise ordinance is granted by City Council Resolution. c. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. d. The City reserves the right to reduce hours approved in this permit if the outdoor entertainment becomes a nuisance. e. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. 2. Determine that the proposed outdoor entertainment is not consistent with the SUP provisions or the Comprehensive Plan and deny the Special Use Permit. 3. Table the application to June 8, 2016, requesting additional information from the applicant. FINDINGS AND RECOMMENDATION Staff finds that if the aforementioned conditions are imposed, the request for outdoor entertainment at the Lion’s Tavern meets the SUP provisions and conforms to the Comprehensive Plan. Therefore, staff would recommend conditional approval of Case No. 2016-19. ATTACHMENTS Site Location Map Narrative Request (2 pages) Patio Rendering E A S T M Y R T L E S T R E E T E A S T C H E S T N U T S T S O U T H T H I R D S T R E E T S T A T E H I G H W A Y S 9 5 & 3 6 C S A H 2 3 N E L S O N S T S O U N I O N S T C S A H 2 3 U N I O N A L L E Y N E L S O N A L L E Y S T E O L I V E S T S T A T E H W Y 3 6 µ 0 170 34085Feet Subject Prop ertyMunicipal Bou ndaryParcel Boundaries ^ General Site Location 324 Main Street SouthSITE LOCATION -W£. wov0f) ~~? to JM-V[ ~J;rn ~ ounJOtJ~ flJ U5 :p:_ PlfsT ) D P. /J;l, ~ l,AJ [ w OV ~ [) J1) 6; tfJ9-V L J1t V 57Z-, f fr.5t J D f I /11 I f)1\) _5 Cf#)t>z_ f\J~/-/75 , _ n-W o V 01-] B t_ [) U ~)fi)G-7 ;/[ s () Yl1 fh f/Z_ w ~ TJk_ 1/U74'1-llr[fl ~ w fh£-1rl, ~ VJ L WCJV0j J-/-;q-'fC 5»;/1-~L (d~z/P5 {)!= 1-3 ~ WC>tJ 6 D P/D572Y f ~!+ V &uP71f2-fhvD v O{/J-L~ so fUffL--L Cf!Yl)U) _5,')_LL.L /79-,l}C, -() \) ((_ G-&ftL L> 70 J-}7+ V [_ IJ1U SIC ,A-5 f,-f> 19-G{:-6/a!> v N /J 5 o v II) 0 fU CJ 1 frS fr c&nJ ~ S 0~ crF-7}r:J:/Ul9-~ _ w L w o v L/J /fr+-V r !:!..Q t-(!)u tJ rs:;:z; f)-fJ1P5, Tits )1?(/SJL-~~ ~~V[_fl ~ NO/c(JJ, -so f~~ &r 7J1C ;Im( wr wovw Jf1l-V[ o JU r: 5~&~ vUP71! fl-~) /)-0 A-~ 1P 1-f Wif J11051 LV (Jfr~~vllf() P?U5:JX-~[~5[ f l& I ~l w fr;'J, VJ3:t;)- /fJJ lJ TH Lt WT77ft>1J-;--S }bU7;b,Jc5-- s /J (AY( U'VfJ c7Vil ;nu ;;..;z_, [-{/VU vi<_ , l- lll Q L. .. ~ () lll u") l: t- .r:::. f) 1 J ~. -. _I ·--./ J • ' i :. 1-..1 -•• L-1 ~: Runk Condominium Building Association 101 Olive St. E Stillwater, MN 55082 May 6, 2016 Abbi Jo Wittman, City Planner Bill Turnblad, Community Development Director Stillwater City Hall 216 4th St. North Stillwater, MN 55082 Re: 324 Main Street South Dave Najarian/The Lion's Tavern Dear Ms. Withnan and Mr. Turnblad, MAY 1 O 2016 Community Development Depanment The owners of the Runk Building Condominiums with this letter respond to the proposed "waiver to City Code Section 38-3, Subd 3 to allow for sound producing or reproducing equipment to be used outdoors past 10:00 p.m." at Dave Najarian's Lion's Tavern. Mr. Najarian's intentions were personally reviewed at the City Hall. The Runk board members/ owners have the following comments: • There is in place a Special Use Permit that allows piped outdoor music. This Permit was already a compromise between the interests of a previous business owner and the obvious impact on and interests of the surrounding neighborhood and its residents. 2 • This new application attempts to push the envelope beyond that which appears to have been a reasonable arrangement and to alter, however inadvertently, the tone and tenor of the neighborhood. • The application for the waiver and the description of it from City Hall, while suggesting a concrete and enforceable change, is clearly not so in that there have been several occasions when live outdoor music has occurred at that location under the existing Permit. We are not confident that the City will enforce its own permits. • We do not have confidence that the Tavern will respect or adhere to the framework of a new waiver or the current permit, and we will have no prompt and effective remedy once the waiver is imposed upon the neighborhood. • Mr. Najarian's ill-defined and open-ended proposal for music "past 10:00 p.m." is unacceptable. We are asked to assume that Mr. Najarian is a reasonable arbiter of the lateness of the hour, the decibel level and the nature of music over which patrons are able to "still talk without shouting." • The City is well aware of the geological architecture of this neighborhood which, shaped like a cup with rapidly and steeply rising walls, carries and amplifies sound as it smacks into the hillsides and our building. We and several business-based outdoor patios in this acoustic setting will be dependent on Mr. Najarian's good taste and common sense. His choices and judgement will dominate the area. • The music from Pappy' s effectively demonstrates the amphitheater-like nature of the area. Even at our distance from Pappy' s its music is audible, as are the voices of people there and the drunken patrons wandering from the downtown establishments. We know of residents of The Lofts who have had to shelter in their inner rooms to escape Pappy's music. The voice of the drive-up teller at the US Bank is audible to us. The cascade of empty beer bottles into dumpsters early in the morning is crystal clear. We are very concerned about a replication of boisterous behavior and music at the south end of town. We do not expect peace and quiet. We live here because of the vibrancy of this small historic town, and we welcome and are supportive of thriving businesses in this mixed-use community. However, we have legitimate quality of life and property value concerns which will be negatively impacted by live outdoor entertainment coupled with little to no restraint with respect to the time, amplitude, and nature of music from the Tavern, day after day, evening after evening, hour after hour. In sum, we oppose the proposed waiver as currently construed. Runk Condominium Building Association Board and Owners 3 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. Section 4. In all other ways the Stillwater City Code shall remain in full force and effect. Adopted by the City Council this 7th of -XQH, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: -7KRPDV0F&DUW\$FWLQJCity Clerk Ponds at Heifort Hills April 6, 2016 Page 14 Map A Location & Shoreland Zoning AMENDMENT TO TAX INCREMENT FINANCING AGREEMENT AND ASSIGNMENT OF DEVELOPMENT RIGHTS UNDER DEVELOPMENT CONTRACT THIS AMENDMENT is made and entered into as of the date last executed below (the "Effective Date"), by and between ELEV AGE HOTEL GROUP, LLC, a Minnesota limited liability company ("EHG"), STILL WATER CA YES, LLC, a Minnesota limited liability company ("Stillwater Caves"), and CITY OF STILLWATER, MINNESOTA, an incorporated city in Minnesota (the "City"), on the other hand (collectively, the "Parties"). WHEREAS, the City and Stillwater Caves entered into that certain Contract for Private Development dated December 3rd, 2013 ("Development Contract"), providing for the redevelopment of the Historic Joseph Wolf Block into a boutique hotel, restaurant and retail space ("Project"); WHEREAS, the City approves Stillwater Caves' application for tax increment financing ("TIF") for the Project pursuant to that certain Modification to the Development Program for the Development of District No. 1 and the Tax Increment Financing Plan for the establishment of Tax Increment Financing District No. 11 (a Redevelopment District) (the "TIF Plan"); WHEREAS, Stillwater Caves incurred financing delays and the Development Contract expired on December 31, 2015; ' WHEREAS, as EHG has i'eceived a loan commitment for the Project; WHEREAS, Stillwater Caves wishes to assign, and EHG wishes to accept assignment of, Stillwater Caves' rights and obligations under the Development Contract; WHEREAS, City and EHG wish to reinstate and extend the term of Development Contract and will consent to such assignment; WHEREAS, City acknowledges the continuing need for redevelopment under the initial TIF agreement; and WHEREAS, the Parties agree that the material circumstances giving rise to the initial TIP approval remain unchanged, and the Parties desire to move forward with development as planned. NOW, THEREFORE, in consideration of the mutual promises and obligations contained in this Agreement and other good and valuable consideration, the Parties agree as follows: 1. Recitals. The Parties agree that all of the above recitals are accurate and hereby incorporation by reference. Page 1 of3 2. Reinstatement. The City agrees to reinstate the Development Contract and to agrees extend the expiration date of Development Contract to December 31 , 2018. Although no changes need occur to the TIF Plan, the Parties recognize that the City will likely not receive the first tax increment until 2018 and that the 25-year TIF term will extend from that date. 3. Construction and Completion Dates. The Parties agree to amend all time schedules in the Development Contract as follows: 3 .1 The deadline by which all obligations of the Redeveloper must be met or waived in Section 3.1 of the Development Contract is hereby amended to be December 31, 2016. 3.2 The deadline by which Redeveloper must commence construction of the Minimum Improvement in Section 4.3 of the Development Contract is amended to be December 31, 2016 and the completion date is amended to be December 31 , 2017. 3.3 The outline for Tax Increment Assistance in Section 3.3.2 Bl is amended to that payments will commence on August 1, 2019 if the Minimum Improvements are completed by December 31, · 201 7 or on August 1, 2020, if the Minimum Improvements are completed after December 31, 2017 arid before August 15, 2018, notwithstanding the foregoing, if the assessment agreement provides for a partial .value as of January 2 , 201 7 that generates tax increment, payments shall commence August 1, 2018. 4. Developer Rights Assignment; City Consent. The City consents to the as signment of Stillwater Caves' rights under the Development Contract to EHG. EHG agrees to be bound under the same terms and obligations as initially agreed. 5. Substitution of TIF Party. In place of Stillwater Caves, the recipient of TIF funding will be EHG. The City consents to such substitution. 6. All Other Terms the Same. All other terms and conditions of the development contract and TIF agreement will remain in force. {Signatures Appear on Following Page} Page 2 of3 Dated: Dated: Dated : Dated : STILLWATER CA YES , LLC Signed: By: --------- Its: --------- E LE V AGE HOTEL GROUP , LLC Signed: By: Corey Burstad Its: Chief Manager CITY OF STILLWATER, MINNESOTA Signed:· Signed : Page 3 of 3 RESOLUTION NO. 2013-189 A RESOLUTION AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT WITH STILLWATER CAVES, LLC WHEREAS, the City of Stillwater and Stillwater Caves, LLC have negotiated the terms of a Tax Increment Financing Agreement ( entitled "Contract for Private Redevelopment Between the City of Stillwater and Stillwater Caves, LLC", and which is attached to this resolution) to provide financial assistance to redevelop the Joseph Wolf Block located on South Main Street; and WHEREAS, the commercial property is partly occupied but in the main has been vacant for a number of years; and WHEREAS, the property is a prominent historical resource directly on Main Street, but is in such need of repair that redevelopment timing has become critical to save it; and WHEREAS, given the extra-ordinary costs associated with redevelopment of this historical resource, it would not otherwise occur but for the use of tax increment financing. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Mayor and City Administrator are hereby authorized to execute the "Contract for Private Redevelopment Between the City of Stillwater and Stillwater Caves, LLC" attached to this Resolution as Exhibit A. 2. That the City Staff is hereby directed to draft documents as necessary, distribute the funds as specified in Exhibit A, and represent the City at the property closing. Enacted by the City Council of the City of Stillwater this 19th day of November, 2013 ATTEST: ~ J. u}a,$?'{_ Diane F. Ward, Clerk City Council DATE: November 14, 2013 TO: Mayor & City Council SUBJECT: TIF Assistance Agreement with Stillwater Caves, LLC. REVIEWED BY: Larry Hansen, City Administrator David Magnuson, City Attorney FROM: Bill Turnblad, Community Development Director INTRODUCTION On October 15, 2013 the Council voted unanimously to direct staff to negotiate a TIF Assistance Agreement with Stillwater Caves, LLC. The original TIF request from the developers was for $1.15 million dollars to be released at the closing for project financing. The proposed project is to redevelop the historic Joseph Wolf Block into a 37 room boutique hotel, a 60–80 seat restaurant, and up to 4,000 square feet of retail space. The October 15, 2013 Council discussion and vote made it clear that though a majority of the Council supports the project and TIF assistance, the Council would not approve the requested 100% up-front payment. Direction was given to minimize the up-front amount. SPECIFIC REQUEST Consider the attached TIF Assistance Agreement. COMMENTS The attached draft of the TIF Agreement is acceptable to City staff and the development team. The critical terms of the Agreement include: Stillwater Caves, LLC November 13, 2013 Page 2 • Only 25% of the $1.15 million assistance offer (a total of $287,500) will be paid up- front at the closing for the project financing. • The entire $1.15 million assistance package will be repaid to the City through tax increment. • The $287,500 will be escrowed with the developer’s bank, and will stay with the bank until disbursed for qualified improvement costs. COURSE OF ACTION If the City Council finds the terms of the TIF Assistance to be agreeable, approve it through the adoption of the attached resolution. Attachment: TIF Agreement Resolution RESOLUTION NO. 2013-___ A RESOLUTION AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT WITH STILLWATER CAVES, LLC WHEREAS, the City of Stillwater and Stillwater Caves, LLC have negotiated the terms of a Tax Increment Financing Agreement (entitled “Contract for Private Redevelopment Between the City of Stillwater and Stillwater Caves, LLC”, and which is attached to this resolution) to provide financial assistance to redevelop the Joseph Wolf Block located on South Main Street; and WHEREAS, the commercial property is partly occupied but in the main has been vacant for a number of years; and WHEREAS, the property is a prominent historical resource directly on Main Street, but is in such need of repair that redevelopment timing has become critical to save it; and WHEREAS, given the extra-ordinary costs associated with redevelopment of this historical resource, it would not otherwise occur but for the use of tax increment financing. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Mayor and City Administrator are hereby authorized to execute the “Contract for Private Redevelopment Between the City of Stillwater and Stillwater Caves, LLC” attached to this Resolution as Exhibit A. 2. That the City Staff is hereby directed to draft documents as necessary, distribute the funds as specified in Exhibit A, and represent the City at the property closing. Enacted by the City Council of the City of Stillwater this 19th day of November, 2013 CITY OF STILLWATER ___________________________________ Ken Harycki, Mayor ATTEST: ___________________________________ Diane F. Ward, Clerk CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN Final Draft November 19, 2013 THE CITY OF STILLWATER, MINNESOTA AND STILLWATER CAVES, LLC A MINNESOTA LIMITED LIABILITY COMPANY This document was drafted by: David T. Magnuson Magnuson Law Firm 324 Main Street South, #260 Stillwater, MN 55082-5165 651/439-9464 Section 1.1. Section 2.1. Section 2.2. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 5.1. Section 6.1. Section 7.1. Section 7.2. Section 8.1. Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 10.1. Section 10.2. Section 10.3. Section 10.4. Section 10.5. TABLE OF CONTENTS Definitions ................................................................................................................ 2 Representations by the City ..........................................................................•.......... 4 Representations and Warranties by the Redeveloper .............................................. .4 Conditions Precedent to City Actions ..................................................................... .5 Limitation on City Financial Obligations ................................................................ 6 The City's Promises and Covenants that will Survive the Closing ......................... 6 Redeveloper's Responsibility .................................................................................. 7 Construction of Minimum Improvements ............................................................... 8 Construction Plans, Changes ................................................................................... 8 Commencement and Completion of Construction ................................................... 9 Certificate of Completion ........................................................................................ 9 Indemnity .................................................................................................................. 9 Insurance .................................................................................................................. 9 Real Property Taxes ............................................................................................... 11 Financing ................................................................................................................ 12 Limitation Upon Encumbrance of Property ........................................................... 12 Representation as to Redevelopment ..................................................................... 12 Events of Default Defmed ..................................................................................... 13 Remedies on Default .............................................................................................. 14 No Remedy Exclusive ............................................................................................ 15 No Additional Waiver Implied by One Waiver ...................................................... 15 Conflict of Interests; City Representatives Not Individually Liable ..................... 15 Equal Employment Opportunity ............................................................................ 15 Titles of Articles and Sections ............................................................................... 15 Notices and Demands ............................................................................................. 15 Counterparts ........................................................................................................... 16 Exhibit A ExhibitB .Exhibit C Redeveloper Minimum Improvements Assessment Agreement Certificate of Completion -1- CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, (the "Redevelopment Contract") effective the day of _______ , 2013 between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and STILLWATER CAVES, LLC (the "Redeveloper"), a Minnesota limited liability company, having its principal office at 7651 Old Central Avenue N.E., Fridley, Minnesota. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development District Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has adopted a development program (the "Program") pursuant to the Municipal Development District Act; and has established a development district (the "Development District") pursuant to the Municipal Development District Act; and will establish Tax Increment Financing District No. 11 (the "Financing District") and adopted a Tax Increment Financing Plan ( the "Plan") also pursuant to Minn. Stat. §469 .17 4 through §469 .179 of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District were to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, the City believes that the development and redevelopment of the Development District and the Financing District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program and the tax increment financing plan is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: Section 1.1. Definitions. ARTICLEl Definitions In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means collectively the Municipal Development District Act, Minn. Stat. §469.124 et seg., as amended, and Minn. Stat. §469.174 through §469.179. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.3. "Assessment Agreement" means an agreement made pursuant to Minn. Stat. §469.177, Subd. 8, a copy of which is attached as Exhibit B. 1.1.4. "Available Tax Increments" means 75% of those tax increments actually received in the six months preceding each date of payment of the balance of the Tax Increment described in Section 3.3.2 B. from the Redevelopment Property, until the City is reimbursed $287,500 and thereafter 90% of the Increment. 1.1.5. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit E attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.6. "City" means the City of Stillwater, Minnesota. 1.1. 7. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City; and (b) must include at least the following: (i) site plan; (ii) foundation plan; (iii) floor plan for each floor; (iv) elevations (one side); (v) facade and landscape plan; and (vi) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.8. 1.1.9. by the City. "County" means the County of Washington, Minnesota. "Development District" means Municipal Development District No. 1 created 1.1.10. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.11. "Holder" means the grantee under any Mortgage. 1.1.12. "Lot" means any Lot within the Plat of Joseph Wolf Brewery addition and CIC No. 214 as on file and of record in the office of the County Recorder or any lot or parcel created by a restated or amended Plat or CIC Declaration. -2- 1.1.13. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans, a general description is attached hereto as Exhibit A. 1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. §116D.01 et seq., as amended. 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat. §116B.Ol et~., as amended. 1.1.16. ''National Environmental Policy Act" means the federal law located at 42 U.S.C. 4331 et~ as amended. 1.1.17. ''Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article 5 of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.18. "Permitted Encumbrances" means the encumbrances described in Section 7.2 of this Agreement. 1.1.19. "Plat" means the Joseph Wolf Brewery addition or any restated or amended Plat of the same property if approved by the Stillwater City Council. 1.1.20. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.21. "Project" means the construction of the Minimum Improvements on the Redevelopment Property and the construction of the Public Improvements by the Redeveloper. 1.1.22. the Redeveloper. "Public Improvements" means any public improvements to be constructed by 1.1.23. "Redeveloper" means Stillwater Caves, LLC, a Minnesota limited liability company, or an assignee permitted by Section 8.1.1 of this Agreement. 1.1.24. "Redevelopment Property" means the property within the Plat of Joseph Wolf Brewery addition with the exception of the Retained Parcel. 1.1.25. "State" means the State of Minnesota. 1.1.26. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays, shortage of materials, war, terroristic acts, acts of God, or any other cause beyond the reasonable control of Redeveloper. -3- ARTICLE2 Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of Minn. Stat. §469.124 -469.134, known as the City Development District Act. 2.1.3. The City will create Tax Increment District No. 11, a Redevelopment District and will present the District to the Washington County Auditor for certification of the original net tax capacity prior to July 1, 2014, and will elect that fiscal disparity payments will not be the obligation of the District. 2.1.4. The City has adopted a Business Subsidy Policy as required by Minn. Stat. §1161.993, et seq., however, the assistance provided pursuant to this Agreement is not a business subsidy pursuant to Minn. Stat. § 1161.993, subd. 3(7) and (17). 2.1.5. As of the date of execution of this Agreement, the City has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the City is aware of no facts, the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.1.6. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of statute, home rule charter, ordinance, any evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. This will not warrant the conduct of tenants that might occupy the Minimum Improvements under a lease or operating agreement. -4- 2.2.2. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.4. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements; except for claims caused by the negligence of the City or its contractors or assigns. ARTICLE3 City and Redeveloper Responsibility Section 3.1. Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to provide Tax Increment Assistance unless and until the following conditions have been satisfied with respe_~t to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by August 15, 2014. 3.1.1. The Redeveloper has funded mortgage financing or owner's equity in at least the amount sufficient to fund the construction of the Minimum Improvements. 3.1.2. The Redeveloper has submitted to the City that executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.1.3. The Redeveloper has received a design permitting special, conditional or planned development permit for the Private Improvements and building permit as required by Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, and the City Council, and the design of the infrastructure and privately constructed utilities have been approved by the City. The City will process any application filed by the Redeveloper -5- expeditiously and in good faith. When lawfully allowed to do so, the City will assist the Redeveloper in obtaining necessary permits from other government agencies. 3.1.4. The Redeveloper executes and delivers to the City the Assessment Agreement attached to this Agreement as Exhibit B. It is agreed, that at the request of the Redeveloper, and after the City has been reimbursed the up-front increment described in the Section 3.2.2.A., the market value initially established in the Assessment Agreement may be adjusted to reflect the then current value. Section 3.2. Limitation on City Financial Obligations. 3.2.1. In no event will the City be obligated to expend any more funds than expressly described in this agreement. 3.2.2. In the event that the Redeveloper has not satisfied all conditions by August 15, 2014, or such other date as the parties agree in writing, this will be an Event of Default. Section 3.3. The City's Promises and Covenants that will Survive the Closing. 3.3.1. The City covenants that the following actions will be taken and during the term of this Agreement. 3.3.2. Tax Increment Assistance. The City will provide Tax Increment Assistance in the amount of $1.15 Million to the Redeveloper, if the Assistance can be amortized from Available Tax Increments or the Tax Increment Assistance must be reduced accordingly. The Tax Increment Assistance is provided to reimburse the Redeveloper for a portion of the cost of eligible Site Improvement expenses. Payment of the Tax Increment Assistance will be payable as follows: A. The City agrees to pay $287,500 (the "Upfront Payment") following satisfaction of all Conditions Precedent to City Actions referenced in Section 3.1, directly to the Redeveloper's construction mortgagee or lender, to be disbursed for construction of the Minimum Improvements. B 1. Provided that no Event of Default has occurred and be continuing hereunder and the balance of the Tax Increment Assistance is payable from Available Tax Increments on each February 1 and August 1, commencing August l, 2016, if the Minimum Improvements are completed by December 31, 2014 or commencing on August 1, 2017, if the Minimum Improvements are completed after December 31, 2014 and before August 15, 2015. B2. The City agrees to issue at the request of the Redeveloper a Tax Increment Note in the amount of $862,500 if the Note can be amortized from Available Tax Increments, at an interest rate of3.25%. C. The sole source of funds, if any, from which the City is obligated to pay the balance of the Tax Increment Assistance is the Available Tax Increments derived from the Redevelopment Property in the six months -6- preceding each date of payment and nothing herein may be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Redeveloper for eligible costs, and in no event shall the City be required to use any of its general funds or other municipal funds for any purpose, including for the purpose of reimbursing the Redeveloper or any of its creditors or assigns. D. The obligation of the City to apply Available Tax Increments to payment of the Tax Increment Assistance terminates on the earlier of: (i) February 1, 2040; (ii) upon the occurrence of an Event of Default hereunder. E. It is the obligation of the Redeveloper or its Mortgage Lender to submit to the City in a timely manner, proof of payment of land write down and site improvement expenses in a format approved by the City Treasurer and as required by the Minnesota Tax Increment Financing Act. Section 3.4. Redeveloper's Responsibility. 3.4.1. Hook-up. As part of the construction of the Minimum Improvements the Redeveloper must connect existing ground water flow from within the redevelopment property to an existing storm sewer stub previously constructed by the City. The Redeveloper's obligation to establish this connection is limited to the sum of $25,000 of costs. 3.4.2. As Built Plan. Within sixty (60) days after completion of construction of the Hook-up, the Redeveloper, through its contractor or engineer, must prepare and file with the City a full set of "as built" plans, showing the location of connection and Hook-up. Failure to file the "as built" plans as required by this Section will be grounds for the City to suspend the issuance of certificates of occupancy. 3.4.3. Erosion Control Measures During Construction. The Redeveloper agrees that it will construct erosion control devices in conformance with the approved Construction Plans for the Public and Minimum Improvements. The erosion control plan must protect any ponds, wetlands and the St. Croix River from erosion, pollution and siltation throughout the construction of the Minimum Improvements. Any deficiency or failure of erosion control must be corrected within seventy-two (72) hours of written notice or the City may draw upon the security provided under this Agreement in the amount of the costs incurred in curing the deficiency. 3.4.4. City Regulations. The Redeveloper acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default under this Agreement, including but not limited to, the following regulations: A. A National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained by the Redeveloper or its agent, from the MPCA before grading begins. -7- B. The Redeveloper must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. C. Payment of any fees or charges normally due at the time of issuance of any building permits and payment of any hook-up charges imposed on the Redevelopment Property. 3.4.5. Damage to City, County and State Facilities. The Redeveloper will be responsible for any damage caused to any City, County and State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Redeveloper, its contractors, agents or employees and for any repair or clean-up costs or expenses incurred by the City, County and State in taking remedial action. 3.4.6. Final Inspection. At the written request of the Redeveloper and upon completion of the Minimum Improvements, the City Engineer or designee and the Redeveloper's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Redeveloper's engineer has submitted a written statement attesting to same, the City Engineer or his designee, will recommend that the Minimum Improvements be accepted by the City. Upon the recommendation of the City Engineer, the City will accept the Minimum Improvements. 3.4.7. Replacement. All work and materials performed and furnished on the Hook- up by the Redeveloper, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, must be repaired or replaced by Redeveloper at Redeveloper's sole expense to the reasonable satisfaction of the City. ARTICLE4 Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. 4.1.1. The Redeveloper agrees that it will construct, or cause to be constructed, the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans, Changes. 4.2.1. If the Redeveloper desires to make any material change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications and modifications that do not change the exterior of any structures may be approved by the Community Development Director. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Redeveloper in writing of its approval. - 8 - Section 4.3. Commencement and Completion of Construction. 4.3.1. The Redeveloper must commence construction of the Minimum Improvements by August 15, 2014, or on the date the parties agree in writing. The Redeveloper must complete this construction by December 31, 2014. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. 4.3.2. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with Certificate of Completion for the Minimum Improvements in the form attached as Exhibit C. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Section 4.5. Indemnity. 4.5.1. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements by Redeveloper, its agents or assigns except for the negligent acts of the City or its contractors or assigns. Section 5.1. Insurance. ARTICLES Insurance 5 .1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: -9- A. Builder's Risk Insurance, written on the so-called "Builder's Risk-- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. B. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed· operations and contractual liability insurance) with limits against bodily injury and property damage of not less than $1,500,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used) . On this policy the City must be named as an additional insured as their interests may appear. C. Worker's compensation insurance, with statutory coverage. 5.1.2. The policies of insurance required pursuant to clauses A. and B. above must be in form and content reasonably satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause A. above will contain an agreement of the insurer to give not less than thirty (30) days advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.3. All insurance required in Article 5 of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. 5.1.5. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction. To the extent necessary to accomplish the repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance -10 - relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. The obligations set forth herein shall terminate with respect to any particular improvements upon issuance of a Certificate of Completion for such improvements. Further, the City will consider favorably a Redeveloper request for an extension of the time limit in this Section pending receipt of insurance proceeds. 5.1.6. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of a certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. 5.1.7. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE6 Real Property Taxes and Assessments Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper and its permitted assigns must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments, if any, payable therewith and thereafter; and, 6.1.2. That prior to the Termination Date, the Redeveloper, its assignees, transferees and successors in title: A. will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Redevelopment Property determined by any tax official to be applicable to the Minimum Improvements or the Redeveloper or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and B. will not seek any tax deferral or abatement, either presently or prospectively authorized under Minn. Stat. §469.181, or any other state or federal law, of the taxation of any real property within the Redevelopment Property between the date of execution of this Agreement and the Termination Date. -11 - C. Will not at any time during the term of this Agreement, seek to reduce the market value of the Redevelopment Property below the assessed minimum market value as set forth in the Assessment Agreement. Section 7.1. Financing. ARTICLE7 Financing 7 .1.1. The Redeveloper must have submitted prior to commencement of construction of the Minimum Improvements evidence of a commitment for :financing or equity infusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. Section 7.2. Limitation Upon Encumbrance of Property. 7 .2.1. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: A. for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies); B. operating agreements; and C. for the purposes of obtaining funds necessary for constructing tenant required improvements and operating costs. ARTICLES Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. 8.1.1. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and ( c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for -12 - practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings for the foregoing reason the Redeveloper may not assign this Agreement or any interest therein, or transfer the Redevelopment Property or any part thereof to any person, firm or corporation, without the express written consent of City. The City's consent may be withheld for any reason. Any transfer of this Agreement through merger, consolidation or liquidation, or any change in ownership of the shares of voting stock or material change in management position of Redeveloper shall constitute an assignment or this Lease, and, as such shall require the prior written consent of the City. This provision does not apply nor does it prohibit an assignment of the Developer's interest in this Agreement to an entity that is wholly owned by the current principals of the Developer, nor will this provision prohibit the assignment of the TIF note to third parties. ARTICLE9 Events of Default Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.3. Failure by the Redeveloper to satisfy all conditions precedent to City as set forth in Section 3.1 by August 15, 2014, unless waived in writing by the City. 9.1.4. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Section 3 .1 of this Agreement. 9.1.5. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any covenant or undertaking of this Agreement. -13 - 9.1.6. The Redeveloper makes any changes to the Construction Plans of the Public or Minimum Improvements without approval of the City of any permit or approval described in Section 3.1.3 of this Agreement. 9 .1. 7. The Redeveloper constructs Minimum Improvements that are materially different from the Minimum Improvements described in the approved Construction Plans, and the changes have not been approved in writing by the City. 9.1.8. The Redeveloper: A. files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; B. makes an assignment for the benefit of its creditors; C. admits in writing its inability to pay its debts generally as they become due; or D. is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take any one or more of the following actions: 9 .2.1. Suspend its performance under the Agreement. 9.2.2. Terminate this Agreement and the obligation to pay over the Available Tax Increments to the holder of any Tax Increment Bond. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 9.2.6. Notwithstanding any provision of Section 9.2 or any subpart, or Section 3.8.4C, the City will continue to pay to the holders any Tax Increment Bond, or other instrument issued pursuant to Section 3.3.2, the principal and interest on the Tax Increment Bond during any period of default if real estate taxes and installments of special assessments due and payable on the Redevelopment Property are paid before they become delinquent. -14- Section 9.3. No Remedy Exclusive. 9.3.1. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article 9. Section 9.4. No Additional Waiver Implied by One Waiver. 9.4.1. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLElO Additional Provisions Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 10.1.1. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity. 10.2.1. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Titles of Articles and Sections. 10.3.1. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. 10.4.1. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently -15 - given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. in the case of the Redeveloper, is addressed to or delivered personally to; and ------------------------ B. in the case of the City, is addressed to or delivered personally to the City Administrator at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.5. Counterparts. 10.5.1. This Agreement may be executed in any number of counterparts, each of which will constitute one and the same instrument. IN Wl1NESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER By ______________ _ Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk STILLWATER CAVES, LLC a Minnesota limited liability company By ______________ _ Its ______________ ~ -16 - STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of , 2013, before me, a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILL WATER, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of ___ __, 2013, by , the duly authorized agent for the Redeveloper, STILLWATER CAVES, LLC. Notary Public -17 - EXIDBITA Redevelop the historic Joseph Wolf Block into a 35 room boutique hotel, a 60-80 seat restaurant, and retail space. EXHIBITB ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND STILLWATER CAVES, LLC A MINNESOTA LIMITED LIABILITY COMPANY WASHINGTON COUNTY, MINNESOTA AND COUNTY ASSESSOR OF THE COUNTY OF WASHING TON ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the __ day of , 2013, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), and Stillwater Cave, LLC (the "Owners"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and the Owner, entered into a Contract for Private Redevelopment ("Redevelopment Contract") for the real property located in the City of Stillwater hereinafter referred to as the "Project" and legally described as Joseph Wolf Brewery addition, Washington County, Minnesota; and WHEREAS, the City and Redeveloper to established a minimum market value for Redevelopment Property and the Minimum Improvements constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the plans for the Minimum Improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2015, the minimum market value of the Property Project shall be not less than Nine Million Three Hundred Thirty-three Thousand Seven Hundred Two and no/100 Dollars ($9,333,702.00). The parties expect that construction of Minimum Improvements will be substantially completed by December 31, 2014. 2. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered such supplements hereto and such further instruments as may be reasonably required for correcting any inadequate or incorrect description of the project or for carrying out the expressed intention of this Agreement. 3. The minimum market value shall be of no further force and effect and this Agreement shall tenninate on (i) the date when the Redevelopment Contract either expires or terminates and in no event shall this Agreement have any force or effect after December 31, 2040. 4. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469 .177, Subdivision 8, set forth in Schedule A hereto. 5. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF STILLWATER Ken Harycki, Its Mayor Diane F. Ward, Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this __ day of 2013, before me a Notary Public within and for said County, appeared Ken Harycki, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public -2- Stillwater Caves, LLC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of _________ __, 2013, by Stillwater Caves, LLC. Drafted by: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082-5165 651-439-9464 (phone) Notary Public -3- SCHEDULE A TO ASSESSMENT AGREEMENT CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the improvements to constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of property in Washington County, Minnesota, hereby certifies that the market value assigned to the land and improvements are reasonable, with regard to the property legally described as: Joseph Wolf Brewery addition. County Assessor, Washington County STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of ____ _ 2013, by , the County Assessor of the County of Washington. Notary Public SCHEDULE B TO ASSESSMENT AGREEMENT CONSENT TO ASSESSMENT AGREEMENT BY MORTGAGE HOLDER __________ (the "Lender"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Redevelopment Property at a foreclosure sale or acquires the Redevelopment Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Redeveloper, it and its respective successor and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Redevelopment Property shall be maintained throughout the term of the Assessment Agreement. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf of this __ day of 2013. LENDER: By ______________ _ Its -------------- STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this __ day of _____ _,2013, by ,the of on behalf of the Lender. -------------- Notary Public EXHIBITC CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment ("Contract") with Stillwater Caves, LLC, a Minnesota corporation (the "Redeveloper"), dated as of , 2013, (the "Agreement") and recorded in the Office of the County Recorder in and for the County of Washington and State of Minnesota, as Document Number , which provided for the Redevelopment of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the "Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redeveloper has been completed in accordance with the Contract, all lawful Codes, Laws, Rules and Ordinances now in effect. Dated this __ day of ___ ~ 2013. STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) CITY OF STILLWATER Ken Harycki, Its Mayor ATTEST: Diane F. Ward, Its City Clerk The foregoing instrument was acknowledged before me this __ day of November, 2013, by Ken Harycki, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public A RESOLUTION RESCINDING RESOLUTION 2012 -046 ENACTING A MORATORIUM ON COMMUNITY -WIDE CELEBRATIONS WITHIN THE CITY OF STILLWATER AND RESOLUTION 2012 -191 EXTENDING MORATORIUM ON COMMUNITY -WIDE EVENTS WITHIN THE CITY OF STILLWATER WHEREAS , the Stillwater City Council enacted a moratorium on new community-wide celebrations and festivals within the City of Stillwater on March 21, 2012; and WHEREAS, the Stillwater City Council extended the moratorium on moratorium on new community-wide celebrations and festivals on December 4, 2012 ; and WHEREAS, because of the moratorium the City was able to complete improvements in the Lowell park area, the pedestrian pathway and parking lots; and WHEREAS, it provided an opportunity for the Council to review and discuss what type of Community Festival would be allowed within the City of Stillwater with four finalists on October 29 and November 7, 2013; and NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that the above resolutions are hereby rescinded and that all events (new or old) held in the City of Stillwater will follow the City's Special Event Policy. Adopted this 19th day of November, 2013. Ken Harycki, Mayor ATTEST: Diane F . Ward, City Clerk Page 1 of 2 CITY COUNCIL MEETING DATE: May 31, 2016 REGARDING: Brown’s Creek Park/Preserve Improvements PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND The Department of Natural Resources (DNR) has acquired portions of the old Zephyr line to accommodate the recently-opened Brown’s Creek State Trail. This land area and associated trail run adjacent to the municipally-owned Brown’s Creek Park and Preserve. See image, below, for reference. Certain city developed and owned natural surface walking trails are located on the DNR’s land. Additionally, in conjunction with Brown’s Creek Watershed District the City is constructed a parking lot which will have a concrete trail leading to the state trail. REQUEST The DNR is requesting the City enter into the attached Joint Powers Agreement (JPA) for these city improvements. This Agreement calls out the roles and responsibilities of each party. The Page 2 of 2 City will retain the right to maintain and improve these trails. Future improvements will need to be coordinated with the DNR. RECOMMENDATION As the JPA is identical to those the City has been willing to enter into in the past, and it has been reviewed by City Attorney Magnuson, staff recommends the Council move to approve the attached Resolution, authorizing the City to enter into the Joint Powers Agreement with the Minnesota DNR for the continued use of DNR lands for city trails connecting to the Brown’s Creek State Trail. ATTACHMENTS Resolution Joint Powers Agreement Exhibit B Browns Creek State Trail Joint Powers Agreement A RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE CONTINUED MAINTENANCE OF CITY TRAILS ON DNR LANDS WHEREAS, the City of Stillwater (“City”) has provided for parking and trail improvements in Brown’s Creek Park and Preserve; and WHEREAS, portions of the City’s improvements are located on lands owned by the Minnesota Department of Natural Resources (“DNR”); WHEREAS, the City and the DNR have determined that the continued use of these improvements is of high priority for the public; and WHEREAS, a Joint Powers Agreement (JPA) has been developed outlining the use and maintenance of the trail and site improvements; and WHEREAS, on June 7, 2016, the City Council received and reviewed the JPA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: the Mayor and City Clerk is hereby authorized to enter into the Joint Powers Agreement with the DNR for certain trail improvements adjacent to Brown’s Creek Park and Preserve in Stillwater and authorizes the Mayor to execute the agreement on the City’s behalf. Adopted by the City Council of the City of Stillwater this 7th day of June, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk COOPERATIVE AGREEMENT BETWEEN STATE OF MINNESOTA AND THE CITY OF STILLWATER BROWNS CREEK ST ATE TRAIL/ CITY OF STILLWATER / BROWNS CREEK PARK-PRESERVE TRAILS AND TRAIL CONNECTIONS This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Stillwater hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 86A.05 to provide state trails and associated facilities; and WHEREAS, Minnesota Statutes Section 85A.O 15 subdivision 14, establishes the Browns Creek State Trail; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the State owns land described as: Sec.20, T30N, R20W, Washington County, as shown on the map attached hereto as Exhibit A; and WHEREAS, the State and City have detennined that providing for the municipal trails and a trail connection to the Browns Creek State Trail at the Browns Creek Park and Preserve, a municipal recreational facility, within the City of Stillwater is of high priority; as shown on the Plan which is attached and incorporated into this agreement as Exhibit B and Exhibit C; and WHEREAS, the State and City have determined that the municipal Trails and Trail Connection provide a distinct and significant benefit to all trail users; and WHEREAS, a resolution or copy of the City Council meeting minutes authorizing the City to enter into this agreement is which is attached and inc6iporated into this Agreement as Exhibit D; and NOW, THEREFORE, in consideration of the mutual benefits to be deriv.ed by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. STATE'S DUTIES AND RESPONSIBILITIES a. The State shall manage and administer the Browns Creek State Trail as established. b. The State shall permit that City the continued use of those portions of the State Trail corridor for the operations and maintenance of the natural surfaced Trails identified in Exhibit B. c. The State shall permit that City to develop, operate and maintain the new Trail Connection to the Browns Creek State Trail within the Browns Creek Park-Preserve identified in Exhibit C. d. The State shall be permitted to review and approve the final plans and specifications for the proposed Trail Connection, as identified in Exhibit C, prior to construction. e. The State shall be permitted to review and approve any alterations or improvements to the State Trail corridor, the natural surfaced Trails or the Trail Connection located within the boundaries of the State property proposed by the City during the term of this Agreement. State approval and comment will be provided by the State's designated Contact. f. The State shall permit the City to review and approve any alterations or improvements to the natural surfaced Trails or the Trail Connection located within the boundaries of the State property proposed by the State during the Browns Creek State Trail Stillwater Local Trail Connections 5 2 2016 1 term of this Agreement. g. The State shall permit the City to review and approve any alterations or improvements to the Trail Connection located within the boundaries of the State property and proposed by the State during the term of this Agreement. h. The State will provide and install all trail related informational signs for the State Trail as determined by Department of Natural Resources policy. i. The State reserves the right to inspect the Trails and Trail Connection to ensure that the City is in compliance with this agreement. j . The State shall permit the City to enter within the boundaries of the State property with machinery and equipment required for the construction of a City parking lot adjacent to the State Trail near Neal Avenue. The City will provide written notice to the State two weeks prior to the access. II. CITY'S DUTIES AND RESPONSIBILITIES a. The City shall manage, administer and maintain the natural surfaced Trails and Trail Connection consistent with all local, state, and federal laws and rnles that may apply to the management, operation, and maintenance of the Trail. b. The City shall permit the State to review and approve the final plans and specifications for the proposed Trail Connection, as identified in Exhibit C, prior to construction. c. The City will provide and install the appropriate signage for the naturally surfaced Trails and Trail Connection which shall be approved by the State d. The City shall pennit the State to review and approve any alterations to the local trail connections contained with the State Trail corridor. e. The City shall permit the State to review and approve any alterations or improvements to the State Trail corridor, the natural surfaced Trails or the Trail Connection located within the boundaries of the State property proposed by the City during the term of this Agreement. All improvements developed within the State Trail conidor shall meet the requirements of the ADA. f. The City shall be permitted to review any alterations to the Trail Connections proposed by the State during the term of this Agreement. g. Upon termination of the .Agreement the City shall restore the State Trail Corridor to a condition consistent with its preconstruction condition and as approved by the State. III FUNDING The State shall provide funding for its responsibilities under A:lticle I (a)(b)(c)(d)(e)(f)(g)(h)(i) above through the standard internal purchasing process including, but not limited to, a separate requisition in which funds will be encumbered. The total obligation of the State is limited to the amount of funds legislatively appropriated and administratively allocated to this project. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota T01t Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law. Browns Creek State Trail Stillwater Local Trail Connections 5 2 2016 2 V. TERM a. Effective Date: May 15, 2016,, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State's authorized representative to begin the work. b. Expiration Date: May 15, 2036, for a period of twenty (20) years except as otherwise provided herein or agreed to in writing by both parties. This agreement shall renew at the end of the term for an additional five (5) year period unless a party gives three (3) months written notice to the other party to terminate the agreement. This agreement shall continue to automatically renew as the end of each five (5) year period unless the required given notice is given. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article III, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this Agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro-rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice oflack of funding within a reasonable time of the State's receiving that notice. This Agreement may be cancelled by the City at any time with cause or as necessary upon thirty (30) days written notice to the State. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. XII. OTHER TERMS AND CONDITIONS Browns Creek State Trail Stillwater Local Trail Connections 5 2 2016 3 NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered ifit is dispatched by registered or certified mail, postage prepaid to: The State Minnesota Department of Natural Resources Parks & Trails Division Area (3A) Supervisor 1200 Warner Road St, Paul, MN 55106 The City City of Stillwater City Administrator 216 Fourth Street North Stillwater, MN 55082 [BALANCE OF THIS PAGE LEFT INTENTIONALLY BLANK] Browns Creek State Trail Stillwater Local Trail Connections 5 2 2016 4 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES By: ____________ _ Title: -------------- Date: -------------- DEPARTMENT OF ADMINISTRATION Delegated to Materials Management Division By: ____________ _ Title: -------------- Date: _____________ _ STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. ::� d : �!ir;t Contract: Browns Creek State Trail Stillwater Local Trail Connections 5 2 2016 lOqoq 1 CITY OF STILLWATER By:--------- Title: ---------- Date: __________ CITY OF STILLWATER By: ________ _ Title: __________ _ Date: __________ _ 5 Mayor Acting City Clerk June 7, 2016 June 7, 2016 WASHINGTON COUNTY RIGHT OF WAY PLAT NO. 170 -BROWNS CREEK TRAIL IMfCH\..INE' E: f1·~ , ! ]/ I I I ----i ------- PUBUC WORKS DEPAFffMENT ' I I SURVEY ANDWIDMAf/AGEMENTDNJS/OV t fflfUl!dSntt}b1i,P.O.b$ ~.i..sora~ (6$//4..'.»,QJS ---4~ File: .Plct1XL7~w,; C1'11L411 by: CJh' 11 !alt i1 l111t . ,~ ---..... .:io,.,.. •) ---.. . Washington C1Wnty Cost Iron Monumen t " -:JJl5J.!&..lll!S E z ~97406.39' 0 tu LEGEND Denotes plot boundary comer, which if conditions permit. will be m onumentl!:d with o 7 /6 inch by 1 B inch sted r,inron:irog rod with o 2 inch diomale r oluminum cap inscribed WASH, CO SURVEYOR RIGHT OF WA'( IJ.ONUMENT end stomped with the boc.:l'\Cory come r number end LS 2 5004. Re re r to the mo nume ntotion report in lh1 County SYrweyor's Of'r.ce for on inventory of the plot boundCll)' come~ monumented • Denotes round 1/2 inch dlomeler iron pipe with ce; a;: not.d. P.lnb5-ofh•f\\l ioe r\OUd IMf CH L.INE: f SHEET 7 OF 10 SHEETS PREL.l/.ltNARV W'ETLll,.i.'I DELINEATION U~'J"l"S fT'(l',J mee l lNE(TYP . .. ,~ .. I .·/.::'- ( ~ I t ----r---- 1 / 1-· I l t.. =II h; Hi 7DIIMM•U Ot!L i'AaNl~lv.'(PI.AH ,Fi ::U111414-D4 CM Jlftt;l,llwlll,WftlU,11 \::'1 J C.11. 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Inc . 851 Hal11 Avenu e North WATERSHED DISTRICT STORMWATER PROJECT SITE PLAN w a I ~ r Osll:dele, MN 5512& 455 HAYWARD AVE N STILLWATER, MN a co Io g ,' Tel1: 551.770 .8448 c.ommunily www.eorlnc .com OAKDALE, MN 55128 -e:.,...-ni;:,~ "-a.-Cfl"l'R;:IO.."ECT~.-SHEET 4 OF XX SHEETS WASHINGTON COUNTY RIGHT OF WAY PLAT NO. 170 -BROWNS CREEK TRAIL MAfCH L-INE' E' 5cc Sheet 6 of 10 Shee~'.:> / "/' ._ N2 7•3r4 1·E 100.00 I I I ' \ I \ \ I ----,-------- PUSUC WORKS DEPARTMENT SURVEY ANO LAND MANAGEMENT DIVISION 14"3Unt!Slree1Not'AP.O&r6 5Wner,""'11esoll 550B24:l06 f651J '3M47S ~~us -.Cl~~ file: Plct110_7.0..g On,fleCI by: CJN s1.2,':..,· ---R.: 183 7_38 4:l -=36•51'45• L"" 1181.45 1ic,::\t • Felll 0 I QO 20Q .,... ---"" I A 1-~ ' Washington County Cost Iron l.4onum1on l .ll'•JJtcm~ [ • 49 7407.862. Wash in gton County Cast Iran Monumen t N•216»15 92.5 E • 497406.:l'l:i 0 ''-' LEGEND D•r.otc5 plot boundary comer. which ff t:Onditio ns pem,it, will be monumented l'i'i th o 7 /8 inch by 18 inch steel reinforcing rod with o 2 inch diomeler a luminum cop inscribed WASH. CO, SURVEYOR RIGlfT OF WAY MONUMENT end stomped with the bo1,1ndory comer number end LS 26004. Refer to the monume nlotion report in th• County Surveyor's Offlci, ror on inventory of the plot boundary come~ monumented. Denotes found 1 /2 inch diameter iron pipe with co;i.:;11 rtoU!.d.1Jn.ll!!S5ci.~r.;ll:.rio~ MAfCH LINE' f 5cc Sheet B of 10 51,,et, N9.2D'D4W 100.0D -= ~ ......_ I \ / I ,,,. I / / / SHEET 7 OF 10 SHEETS n Memorandum To: Mayor and City Council 5tf, From: Shawn Sanders, Public Works Director Date: June 3, 2016 Subject: St. Croix River Bank Stabilization Study DISCUSSION Earlier this spring, staff was given approval from Council to request quotes from consultants for a bank stabilization study along the St. Croix River on the south end of town from approximately the Dock Cafe to the City limits by Sunnyside Marina. Portions of this segment have steep and/or eroded slopes and are in close proximity to the Loop trail and to our trunk sanitary sewer main. Quotes were received from three consultants, Bolton and Menk, Inc., WSB and SEH. WSB submitted the low quote of $49,500, which includes data collection, conceptual development of stabilizing the river bank, grant analysis, permitting requirements, soil borings and cost estimates. Once approved, WSB estimates 3-4 months to complete the study. The study would be paid for from funds refunded from the Corps of Engineers Levy Project. RECOMMENDATION Staff recommends approval of WSB for the Feasibility Study for the St. Croix River Riverbank Restoration Project in the amount of $49,500. .. WSB __________ _ April 29, 2016 Mr. Shawn Sanders, PE Public Works Director City of Stillwater 216 North 4th Street Stillwater, MN 55082 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 RE: Proposal to complete a Feaslblllty Study for the St. Croix River Riverbank Restoration Project Dear Mr. Sanders, Thank you for taking the time to meet with our team to discuss the St. Croix Riverbank Restoration project. This project presents a great opportunity for the City to advance its vision within and adjacent to Riverview Park, as well as resolve issues related to the riverbank itself. We are pleased to submit the following proposal for your review and consideration. Our project team has the capability to provide the City with the services discussed in a professional, timely, and cost-effective manner. We look forward to speaking with you regarding further details and next steps for your project. WSB commits itself to deliver the City of Stillwater a quality of services that is consistent with your expectations and WSB's reputation. We have the personnel and capabilities to start work immediately on this project. Should you have any questions or need additional information, please do not hesitate to contact me at 763-287-7192. Sincerely, WSB & Associates, Inc. Equal Opportunity Employer wsbens.com Contact: Jay Kennedy, PE (763) 287-7192 Jkennedy@wsbeng .com A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater April 29, 2016 Table of Contents Project Understanding ....................... 1 Scope of Services .............................. 2 Schedule ............................................ 6 Project Team ..................................... 6 Proposed Fees .................................. 7 • WSB 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Tel : (763) 541 -4800 · Fax: (763) 541-1700 wsbeng.com A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater Project Understanding For many years, the shoreline between the Dock Cafe and the Sunnyside Marina's North Dock has experienced shoreline erosion. The impacts have become much more noticeable following the recent trail improvements along the shoreline, as greater access to the area has allowed for closer inspection. The maintenance of the shoreline is critical, as it provides a buffer between the St. Croix River and the adjacent property. In some areas, maintenance of the shoreline is critical to maintaining safe access to adjacent docks and commercial activities. Lastly, the shoreline itself contains a trunk sanitary sewer main between downtown Stillwater and the Metropolitan Council's St. Croix Valley Wastewater Treatment Facility. Our understanding of the City's goals with regard to the St. Croix riverbank restoration include the following: Develop a strategy/preliminary design for restoring the riverbank between the Dock Cafe and Sunnyside Marina Identify opportunities to create public spaces, such as an overlook, as part of the restoration project and consistent with the City's Bridgeview Park Master Plan Understand the environmental permitting processes involved with improving the riverbank Develop cost estimates based on the preliminary design Develop a strategy for phasing and funding the improvements Project Understanding/ 1 A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater Scope of Services The goals listed in our understanding provide a framework for our proposed scope of services. We understand that this is the first step in the process, and that this work will set the stage for future implementation. Based on these goals, we propose the following scope of services: Data Collection and Review Survey: Topographic survey of the riverbank between the Dock Cafe and Sunnyside Marina, excluding the area already fully restored. The survey will extend approximately 100 feet from the top of the riverbank and will capture the trail location. The survey scope is separated into two distinct parts: the base survey, which will not include individual trees within the riverbank itself; Figure 41 Bridgeview Park Phasing Plan and the optional tree survey, which will include trees over four inches in diameter. Base Mapping: Using the survey, we will prepare a base map to utilize during the preliminary design. The base map will also include public/private utilities identified during the Gopher State State One Call, as well as above-ground facilities captured within the topographic survey itself. Document Review: We will review documents pertinent to the project, which include: Bridgeview Park Master Plan document Phase II Environmental Site Assessment-Aiple Property Pertinent Mn DOT plans for the upper loop trail and TH 95 Other plans identified and provided by the City that are pertinent to the project Scope of Services/ 2 A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater Site Visit: Complete a walk-though of the entire site with the City and project team with the goal of refining the project vision and parameters, gaining a better understanding of the existing conditions, and determining opportunities for public spaces/overlooks. Prepare Feasibility Report The Feasibility Report will include the following: Executive Summary Review of Existing Conditions Proposed Stabilization Improvements Proposed Overlook/Public Space Concepts Estimated Costs/Funding Environmental Permitting The specifics related to the scope of each Feasibility Report section are as follows: Executive Summary This section will include a brief summary of the findings of the Feasibility Study. Review of Existing Conditions This will include discussion of the project area as it is currently. The information related to the existing conditions will be compiled as part of the data collection and review portion of our scope of services. Proposed Stabilization Improvements Concept Development: Develop two concepts for stabilizing the riverbank. The concepts will be developed using the information gathered during the data collection phase. The concepts will consist of stabilization techniques that have soft and hard armoring components. Scope of Services / 3 A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stlllwater The hard armoring techniques will be designed to prevent ice and wave action erosion of the banks, while the softer techniques will add trees, shrubs and plants to increase habitat to the streambanks and protect the scenic nature of the river. The designs will take into account the fluctuating river elevations and the impact of flooding on the streambank areas. The stabilization of the banks will also take into consideration protecting existing trees and scenic elements. The idea will be to stabilize the shoreline areas in a manner that will not detract, but rather enhance user experience of the river and trails while protecting the shoreline and public infrastructure adjacent to the river. This can be accomplished by using natural stone and vegetation with minimal uses of concrete and steel that may not blend into the scenic riparian environment of the St. Croix River. Proposed Overlook/Public Space Concepts Location(s): In conjunction with City staff, identify location(s) along the corridor where there is an opportunity to provide an overlook or other design feature with the goal of connecting park/trail users with the beauty of the river. This will be based on the initial walk-through with City staff as part of the data collection phase. Develop Concepts: Create two concepts that take into account the information developed during the walk-through, locations of scenic spots and interpretive opportunities, and trail head/park amenities. The concepts will be reviewed with City staff and refined based on the outcome of the meeting. Images: Develop two illustrative cross sections or graphics to portray the look and feel of the improvements for the open space/overlook, as well as the bank stabilization. Scope of Services / 4 A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater Estimated Costs/Funding Cost Estimate: Develop a cost estimate for the base improvements, along with separate estimates for items identified as optional or where there is an advantage as it relates to acquiring grant funding. Grant Analysis: There are several grants that the City can potentially leverage to offset the cost of the project. Factors which affect grant funding often include elements like whether the project will enhance water quality and aquatic habitat. Because this project will likely include multiple areas in both categories, it is positioned well for grant funding. Many of the permitting agencies we expect to obtain permits from will also be potential partners in funding the project through programs within each particular agency. We will collaborate with the agencies with regard to both permitting and grant funding. It is important to note that the funding sources for shoreline stabilization are often 12-18 months in advance of project construction and require matching dollars for implementation. This fact will be important as a potential schedule is developed for the project. Environmental Permitting Permit List: Develop a list of the agencies and associated permits that will be required as part of the project moving forward. We expect that this will include a regulatory review meeting with key agencies to clarify our understanding of their requirements and permit timeframes. We expect the key agencies to be the Army Corps of Engineers, Minnesota DNR and National Park Services. Other agencies will include the Minnesota Pollution Control Agency, Middle St. Croix WMO, US Fish and Wildlife and St. Croix Basin Team. The permit list will include the agency, type of permit(s), and associated timelines to anticipate. Scope of Services / 5 A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater Schedule Assuming a notice to proceed of June 1, 2016 , we expect to have a draft Feasibility Report prepared within 3-4 months. The draft Feasibility Report will be presented to the City Council in a workshop setting once the draft report is prepared. The final report will be completed based on comments received at the workshop. Project Team Firm: WSB & Associates, Inc . (WSB) 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 Main Contact: Jay Kennedy, PE 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 (763) 287-7192 Key Team Members: Todd Hubmer, PE: Streambank Restoration Design Jason Amberg, RLA: Overlook/Public Space Design Jennifer Hildebrand : Environmental Permitting/Grant Funding Schedule/& A proposal for the Feasibility Study for the St. Croix River Riverbank Restoration Project for the City of Stillwater Proposed Fees WSB & Associates, Inc. will complete the scope of services outlined above on an hourly basis with a not-to-exceed fee outlined as follows: Data Collection and Review Feasibility Report Total WSB 2016 Rate Schedule Principal $15,000 $30,000 $45,000 Associate / Senior Project Manager Project Manager Project Engineer Graduate Engineer Sr Landscape Architect/ Sr Planner/ Sr GIS Specialist Landscape Architect/ Planner/ GIS Specialist Engineering Specialist/ Senior Environmental Scientist Engineering Technician/ Environmental Scientist Construction Observer Coring Crew One-Person Crew Two-Person Crew Survey Crew One-Person Crew Two-Person Crew Three-Person Crew Underwater Inspection Dive Team Office Technician Optional -Survey Trees four inches and larger in diameter $12,000 Billing for our services will occur on a monthly basis. Billing Rate/Hour $158 $137 I $147 I $158 $121 I $127 I $133 $104 I $1121 $121 I $127 I $133 $80 I $85 I $92 I $98 $109 I $118 I $125 I $133 I $138 $66 I $74 I $81 I $89 I $99 I $104 $90 I $98 I $105 I $1121 $121 I $130 $52 I $60 I $67 I $74 I $79 I $85 $87 I $94 I $99 I $105 I $110 $162 $238 $132 $164 $184 $460 $42 I $65 I $75 I $85 Proposed Fees / 7 Shawn Sanders From: Sent: To: Cc: Subject: Shawn, Jay Kennedy <JKennedy@wsbeng.com> Wednesday, May 18, 2016 5:27 PM Shawn Sanders Jennifer Hildebrand; Todd Hubmer St Croix Riverbank Restoration -Soil Borings This is a follow up to our conversation on Monday regarding the need to add soil borings to our scope of services for the St. Croix Riverbank Restoration project. The City will have additional information to evaluate the feasibility of restoration options if soil boring data is available. We believe that MnDOT has soils information available within the project area, and we are currently collaborating with MnDOT to determine what is available. In the circumstance where soils information is not available or insufficient to use for the project, we will obtain soil borings within the project area with the following assumptions: • We will obtain the borings using either our truck drill rig or off-road drill rig depending upon site conditions. • We will obtain six (6) soil borings within the project area at locations to be determined • We will stake the selected locations • The soil borings will be to a depth of twenty (20) feet or to bedrock, whichever comes first • We will develop boring logs for all of the borings • We will not develop a full soils report. The boring logs will be sufficient for us to evaluate the soil conditions as part of the recommendations • Our Geotechnical Engineer will be available for us to consult regarding the boring logs and potential restoration options. We will complete the above scope of services for a cost of $4,500, which is over and above our fees included with our original proposal. Thanks for the opportunity to be of serviced to you -let me know if you have any other questions or comments. Jay Kennedy, PE Municipal Group Manager, Vice President d : 763-287-7192 I c: 612-360-1292 WSB & Associates, Inc. 1701 Xenia Avenue South, Suite 300 I Minneapolis, MN 55416 A WSB StarTribune IO>I I • t »II This email, and any files transmitted with ii, is confidential and is intended solely for the use of the addressee If you are not the addressee, please delete this email from your system Any use of this email by unintended recipients is strictly prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission If verification is required, please request a hard copy. 1 1. 2. 3. 4. 5. 6. 7. 8. 9. Washington "=~County :_. ....... ,:... . Board of Commissioners Fran Miron , Chair , District 1 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 9:00 9:00 9:10 9:10 9:20 9:40 10:00 10:15 Roll Call Pledge of Allegiance Comments from the Public BOARD AGENDA JUNE 7, 2016 -9:00 A.M. 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 listed on this agenda. Persons who wish to address th e Board must fill out a comment card before the m eeting begins and give it to th e Cou nty Board secretary or th e County Administrator. The County Board Chair will ask you to come to th e podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than jive minutes. The Board Chair reserves the right to limit an individual's presentation ifit becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County's Responsibilities. Consent Calendar -Roll Call Vote Public Health and Environment-Girard Goder, Environmental Program Supervisor Approval to Submit to the Minnesota Pollution Control Agency a Subsurface Sewage Treatment Systems (SSTS) Grant-Combined Application Requesting Funds of$61, 100 for 2017 SSTS Program Administration Public Works -Frank Ticknor, Design Engineer and Joe Welter, Project Manager A. Approval of Contract with Hardrives , Inc. in the Amount of$3,95 l, 104.49 for Construction of the County State Aid Highway (CSAH) 12 Project B. Resolution -Approval of the Record of Decision, Findings of Fact, and Conclusions , and a Negative Declaration on the Need for an Environmental Impact Statement for the CSAH 4 Reconstruction Project C. Approval to Award Recommended Bid for Public Works North Shop Lube System for $122,048.98 General Administration -Molly O 'Rourke, County Administrator A. Resolution -2016 Performance Measurement Program -Amanda Hollis , Senior Planner B. Approval of Project Concept and Letter of Support to Lessard-Sams Outdoor Heritage Fund for Conservation Easement Funding on Wilder and Warner Nature Center Parcels -June Mathiowetz, Senior Planner C. Legislative Updates Commissioner Reports -Comments -Questions This period of time shall be us ed by the Commissioners to report to the full Board on committee activities, m ake comments on matters of interest and information, or mise questions to the staff. This a ction is not intended to result in sub:tantive board action dwing this tin1:. Any action necessary because of discussion will be scheduled for a fi,ture board meeting. Board Correspondence Adjourn 10. 10:20-10:50 Board Workshop with Public Works -Jan Lucke, Transportation Manager and Tabatha Hansen , Accounting and Finance Director Discuss the Counties Transit Improvement Board (CTIB) Program of Projects 11 . 10:55-11 :55 Board Workshop with Public Health and Environment-Dean Beverly Durgan, University ofMinnesota Dean of Extension Discuss the University of Minnesota Extension and the Land Grant Mission for the 21 st Century Assist;ve listening devices are available for use In the County Board Roam . . EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLO YER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * JUNE 7, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Public Health & Environment Public Works Sheriffs Office ITEM A. Approval of May 17, 20 I 6 County Board Meeting Minutes. B. Approval to enter into an agreement for medical services with Lakeview Memorial Hospital Association, Inc. ( dba Lakeview) and Group Health Plan, Inc. ( dba HealthPartners Medical Group) to provide medical care services to jail inmates in the Washington County Jail. C. Approval of resolution to apply for and part1c1pate in the Minnesota Department of Natural Resources funding for maintenance of cross-country ski trails within the county park system and execution of the Trails Assistance Grant Agreement through the Minnesota Trails Assistance Program. D. Approval to request reimbursement for ski trail grooming under the 2015- 2016 Minnesota Trails Assistance Program. E. Approval of work orders # 13 and # 14 to Contract 8090 with Val Iey Paving Inc. F. Approval of resolution to authorize final payment in the amount of $132,952.69 to Valley Paving Inc. for the County State Aid Highway 19-20- 22 Intersection Improvement Project & Central Draw Overflow Project. G. Approval of mutual aid agreement between Washington County and Hennepin County, Minnesota. 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 device~ ar?. available for use in _ the County Board Room EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners May 24, 2016 Present were Commissioners Fran Miron, District I; 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 Kriesel -reported that he attended an open house regarding County State Aid Highway 23. He attended a Law Library meeting regarding budgets. He attended a Parks and Open Space Commission meeting on May 19th regarding Land and Water Legacy Programs . He attended a tour of a Passive (highly efficient/low energy) Home under construction in Afton, with Housing and Redevelopment Authority Executive Director Barbara Dacy, and Washington County Public Health and Environment Senior Environmental Program Manager Judy Hunter. -Commissioner Weik -reported that a Woodbury resident contacted her requesting prescription drug drop-off box services in the City of Woodbury. She attended Counties Transit Improvement Board Legislative meetings last week. She also attended the Counties Transit Improvement Board meeting , where a Washington County item regarding the Rush Line demonstration bus service project was approved. This was in regards to a refund that would be allocated to the deferred guaranteed grant fund to be used for future Washington County Transit Way projects. She attended the Foster Care Recognition Event in Lake Elmo . She reported that she was at the Capitol last week attending bonding and transportation committees. -Commissioner Bigham -reported that Saturday, June 4th, is Explore Your Parks Day in Washington County. Tonight, May 24th, is an open house for County State Aid Highway 19 at the Cottage Grove South Service Center from 5:00 p.m. to 7:00 p.m. On May 25th, there will be an open house on County Road 75 and Grey Cloud Crossing from 5:30 p.m. to 7 :30 p.m. at the Grey Cloud Island Town Hall. She thanked Sergeant Dan Bies , Cottage Grove , for his efforts in suicide prevention for Veterans, and for planning an 22-mile bicycle course event called "22 a day, 22 too many ." She attended the Metropolitan Area Agency on Aging Strategic Planning Board meeting . She attended the Park High Applaud Program for academic and student excellence. She attended the Transit Advisory Board meeting, including a tour of the A Line Bus Rapid Transit Line. She attended the Foster Care Recognition Event in Lake Elmo . She reported that she will summarize the legislative session during today 's legislati ve committee. -Commissioner Miron-thanked Washington County Veteran Services Officer Ryan Carufel for promoting veteran services throughout the community . He attended a Housing and Redevelopment Authority meeting regarding an acquisition of property in Newport. He reported that he attended several open houses. He attended the Foster Care Recognition Event in Lake Elmo. He reported that he attended a Rush Line Corridor Task Force meeting. General Administration Approval of the following actions: -May 10, 2016 , County Board Meeting Minutes. -Will Schmeer, Executive Director of East Metro Strong , provided a presentation on East Metro Strong and its vision of growth. -Molly O'Rourke provided a reminder that she will discuss legislative updates during the Legislative Committee meeting. -Board correspondence was received and placed on file . Property Records & Taxpayer Services Approval of the following actions: -Two applications for Temporary On-Sale Liquor Licenses for the VFW Post 323 for a special event at the Washington County Fairgrounds located in Baytown Township , August 3 -4 and August 5-7 , 2016. -Cooperative cost share agreement with the City of Lake Elmo for Phase 1 and Phase 2 of the County State Aid Highway 17 Corridor Management and Safety Improvement/Old Village project . Public Works Approval of the following actions : -Contract with Traffic Marking Services Inc., for the 2016 latex striping on various roadway s . -Agreement with Minnesota Department of Natural Resources for the installation, maintenance and use of a test hole or water level observation well on county right-of-way in the City of Mahtomedi. -License to Metro Transit to operate the Newport Transit Station as a State Fair Park-and-Ride. -Resolution No. 2016-071, submittal of application to the Metropolitan Council for funding under the Metropolitan Council Regional Solicitation. -Resolution No. 2016-072, submittal of an application to request funding from the Minnesota Department of Transportation through the 2018 Metro Muncipal Agreement Program. -Contract with S.M. Hentges & Sons, Inc. for construction of the Point Douglas Regional Trail project. -Contract with Stonebrook Engineering for Construction Management Services for the Point Douglas Regional Trail project. -Contract with Valley Paving , Inc. for County State Aid Highway (CSAH) 5 and CSAH 4 and County Road (CR) 57 projects . -Cooperative cost share agreement with the City of Hugo for CSAH 4 and CR 57. -Contract with Amt Construction Company , Inc. for construction of the CSAH 23 Phase 4 project. -Cooperative cost sharing, cooperative maintenance & utility cost sharing agreements with the City of Oak Park Heights for the CSAH 23 Phase 4 project. -Executive closed session to discuss developing a price for sale of a water service easement contiguous to property in Lake Elmo. -Board workshop session to discuss the Community Solar Gardens proposal. -Board workshop consisting of a field tour of the Public Wo rks North Shop Construction project. 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. 1. 2. 3. 4. 5. 6. 7. 8. 9:00 9:00 9:10 9:10 9:30 10: 15 10:25 9. 10:40 10. 10:55 Roll Call Pledge of Allegiance Comments from the Public BOARD AGENDA MAY 24, 2016 -9:00 A.M. oard of Commissioners Fran Miron , Chair, District 1 Gary Kriesel, District 3 Karla Bigham . District 4 Lisa Weik, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or fimction of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and presentyour comments. Your comments must be addressed exclusively to the Board Chair and th efu/1 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 ifit is not relevant to an issue that is part of Washington County's Responsibilities. Consent Calendar -Roll Call Vote East Metro Strong -Will Schroeer, Executive Director Presentation on East Metro Strong's Vision of Growth Public Works -Don Theisen, Director; Wayne Sandberg, County Engineer; Frank Ticknor, Design Engineer A. Approval of License to Metro Transit to Operate Newport Transit Station as a State Fair Park-and-Ride B. Resolution -Submit Transportation Projects for Federal Funding C. Resolution -Requesting Funding from the Minnesota Department of Transportation Through Fiscal Year 2018 Metro Municipal Agreement Program D. Approval of Contract with S.M. Hentges & Sons , Inc. in the Amount of$2,483,722.50 for Construction of the Point Douglas Regional Trail Project E. Approval of Contract with Stonebrook Engineering in the Amount of $214,406 for Construction Management Services for the Point Douglas Regional Trail Project F. Approval of Contract with Valley Paving , Inc., in the amount of$2,985,594.62 for the County State Aid Highway (CSAH) 5 and CSAH 4 Construction Projects, and the County Road (CR) 57 Pavement Preservation Project G. Approval of Cooperative Cost Share Agreement with the City of Hugo for the CSAH 4 and CR57 H. Approval of Contract with Amt Construction Company, Inc., in the amount of $1,262,392 for Construction of the CSAH 23 Phase 4 Project I. Approval of Cooperative Cost Sharing, Cooperative Maintenance & Utility Cost Sharing Agreements with the City of Oak Park Heights for the CSAH 23 Phase 4 Project General Administration -Molly O'Rourke, County Administrator Commissioner Reports -Comments -Questions This period of time shall be used by the Commissioners to report to thefitll Board on committee activities, make comments on matters ofinrerest 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. Board Correspondence Executive (Closed Session) with Public Works -Sharon Price, Right of Way Property Manager Develop a Price for Sale of a Water Service Easement Contiguous to Property at 1796 Lake Elmo Avenue Adjourn 11 . 11 :00-11: 15 Board Workshop with Public Works -Greg Wood, Building Services Director Discussion on Community Solar Gardens Proposal 12. 11 :20-12 :05 Legislative Committee Meeting 13. 12:30-1 :30 Board Workshop with Public Works -Don Theisen, Public Works Director Field Tour of the Public Works North Shop Construction Project Assistive (istening device~ ar~ ~vai/able for use in ~he County Board Room EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MAY 24, 2016 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Property Records & Taxpayer Services Public Works ITEM A. Approval of May 10, 2016 County Board Meeting Minutes. B. Approval of two applications for Temporary On-Sale Liquor Licenses for the VFW Post 323 for a special event at the Washington County Fairgrounds located at 12300 North 401h Street in Baytown Township, August 3 -4 and August 5 -7, 2016. C. Approval of cooperative cost share agreement with the City of Lake Elmo for Phase 1 and Phase 2 of the CSAH 17 Corridor Management and Safety Improvement/Old Village Project. D. Approval of contract with Traffic Marking Services Inc., for the 2016 Latex Striping on various roadways in the amount of $87,200. E. Approval of Minnesota Department of Natural Resources Agreement for the Installation, Maintenance and Use ofa Test Hole or Water Level Observation Well on country right-of-way in the City of Mahtomedi. 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 (istening device~ a~ ~vailabfe for use in the County Board Room EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER Summary of Proceedings Washington County Board of Commissioners May 17, 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 Bigham-thanked the Sheriffs Office for the Law Enforcement Memorial Day Event at the Historic Courthouse on May 16th . She reported that that she attended a Metropolitan Emergency Services Board Meeting on May 11th. She reported that the Counties Transit Improvement Board will hold a legislative meeting tonight , May 17th . -Commissioner Weik -reported that she attended a meeting on May 1 oth regarding the Gateway Corridor legislative issues with Washington County staff and a member of the Gateway Corridor Commission. She attended the Mental Health Advisory Council meeting on May 1 ot\ and provided the board with green ribbons to wear honoring Mental Health Month. She reported that the next Offender Recovery Program Court Appearance will be on Friday, June 3rd, at 2:00 pm. in courtroom 100. She attended the Counties Transit Improvement Board Legislative meeting on May 13th, and she reported that there will be another legislative meeting tonight, May 17th_ She attended the Association of Minnesota Counties Futures Task Force Meeting. She attended the East Metro Strong meeting on May 16th . -Commissioner Kriesel -reported that he attended a Listening Session at the Cimarron Youth Center in Lake Elmo, and thanked Jamie Staska, Family Means Program Coordinator, for her efforts at the youth center. He attended the Law Enforcement Memorial Day Event at the Historic Courthouse on May 161h. He reported that he watched a television program on WCCO where Commissioner Bigham presented on the topic of children of incarcerated parents. -Commissioner Miron -reported that he attended a Recycling and Energy Board Executive Meeting regarding labor negotiations. He attended a Minnesota Inter-County Association Meeting regarding updates on legislative activities , and discussions on transportation issues. General Administration Approval of the following actions: -May 3, 2016, County Board Meeting Minutes. -Board correspondence was received and placed on file. -Appointment of Anthony Haider, Lake Elmo to the Valley Branch Watershed District. -Molly O'Rourke, County Administrator, provided a reminder of the Foster Care Recognition Event on May 19th. -Ms. O'Rourke reported that she will provide legislative updates at the next board meeting on May 24th regarding the conclusion of the legislative session. -Board workshop for overview of the 2016 Residential Survey. Housing and Redevelopment Authority -Approval of resolution No. 2016-068, determination that certain parcels are occupied by structurally substandard buildings and are to be included in a Tax Increment Financing District. Human Resources · -Approval of conversion of five full-time equivalent Employment Counselors. Public Health & Environment -Approval of resolution No. 2016-069, adopting May as Mental Health Month. Property Records & Taxpayer Services -Approval of resolution No. 2016-066, acknowledging Lawful Gambling Exemption application from the Familie SCNZA Foundation located in Baytown Township to conduct a raffle at the Washington County Fairgrounds. Public Works Approval of the following actions: -Contract with Taylor Electric , Inc. for construction of traffic signal improvements on County State Aid Highway 14 . -Resolution No. 2016-067, to purchase Frogner property for inclusion into Big Marine Park Reserve. -Maintenance agreement with the Comfort Lake-Forest Lake Watershed District for stormwater Best Management Practices for the Hardwood Creek Regional Trail culvert emergency repair. -Cooperative Cost Share Agreement with the City of Afton for design and construction of County State Aid Highway and local streets. -Resolution No. 2016-070, to vacate excess right-of-way of a portion of CSAH 26 . -Board workshop to discuss the Transportation Project Development process. -Board workshop for an update on the Point Douglas Regional Trail Project. 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.