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HomeMy WebLinkAbout2017-03-21 CC Agenda Packeti 1 1\la t ec 114E 1 IRTMELA CE OF MINNESOTA REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North March 21, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the March 7, 2017 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Beyond the Yellow Ribbon update - Proclamation Jean DeCurtins -Last Man Standing 3. Sculpture Tour Update - Presentation by Julie Pangallo & Approval of River City Sculpture Tour for 2017 VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 4. Police Chief 5. Fire Chief 6. City Clerk 7. Community Development Dir. 8. Public Works Dir. 9. Finance Director 10. City Attorney 11. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 12. Resolution 2017-055, directing payment of bills 13. Resolution 2017-056, approving Exhibit A as it relates to Resolution 2013-057, resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code 14. Resolution 2017-057, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club 15. Resolution 2017-058, approving license to use real property - North Hill Community Garden 16. Resolution 2017-059, approval of continuing medical education agreement between Regions Hospital, through Regions Hospital Emergency Medical Services and Stillwater Fire Department 17. Resolution 2017-060, approval of renewal of the Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J 18. Resolution 2017-061, approval of Development Agreement Addendum for Rutherford Station 2nd Addition 19. Resolution 2017-062, a resolution directing a change in Tax District Code 20. Resolution 2017-063, approval of Minnesota DNR grant application for local trail connections 21. Possible approval of temporary liquor license - September 8 & 10, 2017 - German Fest & Wild Rice Festival - St. Mary's Church IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 22. HPC Case No. 2017-2, This is the date and time to consider an appeal request by Jeffrey B. Larson, JBL Companies, property owner, and Chris Goetzke, applicant. The request is to reconsider a Design Permit denied by the HPC for the property located at 324 Main Street South in the CBD district. PID 28.030.20.41.0004. Complete property and legal description available upon request. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 10, 2017. 23. This is the date and time for a public hearing to consider the 2017 Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 10 and 17, 2017. (Resolution - Roll Call) 24. This is the date and time for a public hearing for the first reading of an ordinance entitled - Short Term Rental Ordinance (table to 4/18/17 meeting) X. UNFINISHED BUSINESS 25. Possible approval of second reading of Ordinance 1092 amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax (2nd Reading - Roll Call) 26. Possible approval of Simple Recycling (Resolution - Roll Call) 27. • :. " - • . - ... • (moved to 4/3/2017 meeting) XI. NEW BUSINESS 28. Request to waive fees for Vets Memorial Day Event 29. Possible approval of a Conservation Easement for the former Aiple property (Resolution - Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT City o� S tiVVwaten, Lit t nesota Tnodamatton WHEREAS, pursuant to a tradition that dates back to the Civi lNar, when local -veterans returned home from battle, they got together to form a `Last Man's Club,' to see who will be the Cast to survive; and WHEREAS, our "Last Man Standing" is 98-year-oCd world 'War II veteran, Jean DeCurtins; and WHEREAS, Private DeCurtins served with the 133rd Infantry Regiment, part of Minnesota's Red BuCCs. 3 --Ce fought the Germans in .North .Africa andfamous battles in ItaCy, like Monte Cassino and Anzio. WHEREAS, DeCurtins was injured twice and awarded the Bronze Star and PurpCe J-Ceart; and WHEREAS, DeCurtins has lived in his parents' Stillwater home since he returnedfrom war, the day after Christmas 1944; and WHEREAS, after he retired from a Northern States Tower Co. Cine crew, DeCurtins would go to the Cibrary twice a day and read five or six different popular newspapers, aCong with four top magazines; NOW, THEREFORE, 1, MICHAEL POLEHNA, by virtue of the authority vested in me, as Tice Mayor of the City of Stillwater, in the State of Minnesota, do hereby proclaim March 22, 2017 as: — JEAN DECURTINS DAY - LAST MAN STANDING — IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of StiClwater to be affixed this 21st day of March, 2017. Vice cAtajoit At tPsi, ow 'IL Sculpture Tour Presented by Julie Pangallo 715-450-0399 RiverCitySculptures@gmail.com 2016 Tour Well Received -- Visitors Residents Publicity 2 Sculptures Sold 4 Commissioned 2016 Challenges- • Brochure • Sponsorships River City Sculpture Tour is a free ongoing exhibit of public art, featuring original outdoor sculpture. This year we are proud to have the work of Wisconsin and Minnesota artists on display in Stillwater, Hastings and Prescott. These pieces willbe, up until April 2017, and new pieces will be installed each spring. The program is supported by sponsorships, so please let our por soars know if you enjoy the tour! "Egghead" by Kimber Fiebige, MN $19,000 Sponsored by g j . "Heard" No. 1 by Crvslen ,Nesseth, WI $4,200 Sponsored by "En Point, Etc." by Cynthia Markle,M!V $12,000 Mulberry t a a Commercial St. 'Pedestrian tiv h7yrtl>e St. 95 Chestnut St. Olive St f Doric Lift Bridge 0 Cr 5G r•r u "Combustion" by GregJohnson, W7 $4,500 "Chokecherry Tree" by Dale Lewis, MN $12,000 Sponsored by 4'- Lakeview Hospital Stillwater Medical Center - B$ Bit BB BB BB BE BE 4 Nelson Si (110 12 .ti ter 5,€ 'N ( i) of Stillwater Stillwater Area Foundation Discover Stillwater ArtReach St. Croix The Dock Cafe The Orange Dragon Art Gallery St. Croix Boat & Packet Co. Artists John Hughes & Dale Lewis Stillwater/OPH Convention & Visitor Bureau "Best Friends" by Kimber Fiebiger, MN $5,800 sponsored by 5111 s\v,,\ I f.lt :1111-;\ "Lucky Dragonfly Gong" b}' Ihry !1'f $19,000 "'fhaisalottabull" by John Hughes, MN $8,000 Sponsored by " Klompenboot" by Kyle Fokken, MN $9,000 S11115,11 L} 1 I'. CATES •Ipiw.LAC{ Oi .I.,NHh,OT+ all,. 4 Sculpture Tour River City Sculpture Tour Julie Pangallo 715-450-0399 RiverCityScu1ptures@gmaiI.cam Website: www.rivercityscu1ptures.corn Facebook: River City Sculpture Tour RESOLUTION 2017-055 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 $481,964.64 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 21st day of March, 2017. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2017-055 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Alliance for Innovation Armor Security Inc. ASCAP Aspen Mills Axel H. Ohman Inc Bernicks Bluegrass LLC Braun Intertec Corporation Calibre Press Campbell Brent Carquest Auto Parts Coca-Cola Distribution Comcast Corval Constructors Cub Foods Dakota County Technical College ECM Publishers Enterprise FM Trust Erickson Builders & Co Fastenal Company Foxit Software Inc Frontier Ag & Turf G & K Services Goodin Company Goodyear Commercial Tire Gopher State One Call Inc. Gruber's Power Equipment Hoisington Koegler Group Inc Holiday Companies Holiday Credit Office Homefront Protective Group IAPE Ice Skating Institute Indianhead Glass Inc Kellington Construction Kirvida Fire Inc. League of MN Cities League of MN Cities Ins Tr Mansfield Oil Company Marshall Electric Company McCarty John Thomas Menards MN Ice Arena Managers Beverages for concessions Supplies Annual fee Quarterly Monitoring Service Music License Uniforms & Body Armor Police Project Beverages for concessions HPC Consulting Services Police station remodel Training Reimburse for court dates Auto maint supplies Beverages for concessions Internet Equipment repair Coffee Training Publications Lease vehicles Police Project Equipment repair supplies Software Equipment repair supplies Mats Equipment repair supplies Tires Locates Chainsaw Professional services Vehicle washes Fuel Training Training Skater memberships Glass Police Project Repair charges 2017 Legislative conference Workers Comp Insurance Fuel Electrical repairs Reimburse for refreshments Supplies Conference 783.25 253.59 500.00 84.00 341.00 3,824.66 80,260.75 457.60 1,959.88 957.00 209.00 310.54 133.81 838.68 378.54 307.50 26.97 975.00 99.97 1,558.52 31,361.38 341.46 329.61 37.64 627.56 723.15 1,553.41 128.25 325.00 1,458.75 555.00 151.32 250.00 300.00 1,261.00 2,110.38 12,859.96 1,173.98 125.00 70,097.00 3,303.42 2,707.00 67.67 298.85 798.00 EXHIBIT "A" TO RESOLUTION #2017-055 Page 2 Municipal Emergency Services NAPA Auto Parts Newman Signs Oasis Cafe Office Depot OnSite Sanitation O'Reilly Auto Parts Overhead Door Company Pereboom Jesse Performance Plus LLC Phasor Electric Company Pioneer Press Progressive Microtechnology Inc RJ Mechanical Secure Benefits Systems St. Croix Boat and Packet Co. St. Croix Energy Solutions Inc Stillwater Motor Company Stillwater Towing Summit Companies SW/WC Service Cooperatives Taser International Thomson Reuters Thurnbeck Steel Fabrication Titan Machinery Shakopee Toll Gas and Welding Supply Total Parking Solutions Inc. Truck Utilities Inc. Uline Inc Uniforms Unlimited Inc Urbiha Judith Veterans Memorial Volunteer Firefighters Benefit Voyant Communications Wenck Construction Wold Architects and Engineers Zee Medical Service Career tracking & maint Filters Film Refund of Variance Office supplies Portable restroom rental Equipment repair supplies Glass door maintenance Reimburse for mileage Drug screen Police Project Subscription - Fire Equipment Equipment repair supplies Admin fee Ramp cleaning Police Station Project Service & parts Tow charge Annual Sprinkler Inspection Retiree & COBRA Insurance Equipment for new patrol vehicles Information Charges Police Project Block door lock Cylinders WebOffice CMS Monitoring Lamp 55 gallon drums Uniform supplies - Julien Reimbursements Super Valu Parking Firefighters Ins Phone Police station project Police station project First aid supplies 3,686.00 92.52 1,106.20 525.00 53.69 308.00 716.20 1,275.00 48.58 45.00 59,375.00 388.41 397.89 2,040.15 22.00 810.00 750.00 67.24 700.00 675.00 87,090.93 6,493.83 131.25 10,901.25 92.34 39.87 1,135.00 11.17 348.00 115.99 184.12 4,347.00 1,598.00 504.09 34,563.54 2,001.56 262.15 EXHIBIT "A" TO RESOLUTION #2017-055 Page 3 LIBRARY 1000 Bulbs.com Ace Hardware Advantage Computer Systems Baker and Taylor Brodart Co Cole Papers ECM Publishers G & K Services Grainger Midwest Tape NAC Mechanical and Electrical Services Petrie Angela Reliable Appliance Service Toshiba Business Solutions ADDENDUM Accela Inc Aspen Mills Galls LLC Johnny's TV Inc. League of MN Cities Magnuson David Valley Trophy Inc. WSB & Associates Inc. Adopted by the City Council this 21st Day of March, 2017 Lighting Supplies Hearing Loops Design Evaluation (SPLF) Materials Materials Supplies Special Meeting Posting Towels & Rugs Repair Supplies Materials Annual Alerton System Maintenance Staff Reimbursement Repair Supplies Maint Agreement 370.21 118.51 2,000.00 1,154.52 473.84 361.85 18.76 87.34 71.93 174.85 1,882.00 145.00 446.00 134.04 Monthly UB web payments 443.85 Body Armor & Uniforms 6,380.07 Handcuffs & baton 458.52 Mic cord 20.00 MN Cities Stormwater Coalition 760.00 Professional services 13,014.33 Plaque 52.75 St. Croix River Streambank Stabilization 3,289.25 TOTAL 481,964.64 RESOLUTION 2017-056 APPROVING EXHIBIT A AS IT RELATES TO RESOLUTION 2013-057 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Declaration of Official Intent The duly appointed and acting Finance Director of the City of Stillwater, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: • $1,250,000 - Police Department/City Hall Remodel Project (Phase II) • $68,000 - Public Works Security Improvements • $600,000 - 2017 Street Improvement Project (City's Share) • $100,000 - Paver Renovation (Library) • $1,717,150 - 2017 Capital Outlay Purchases 3. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 4. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Adopted by the Stillwater City Council this 21st day of March, 2017. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward City Clerk G C` ETV Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE St. Mary's Catholic Church Address 423 South Sth Street Name of person making application City Date organized 1865 Stillwater Flo Harris Date set ups will be sold Friday September 8th and Sunday September 10th , 2017 Organization officgr's name 144*111 Add New Officerf �, v SIS 3_ lip- C 1 Location where permit will be used. If an outdoor area, describe. Parking Lot of St. Mary's Church Fr. Michael Izen State Tax exempt number 854-9225 Zip Code 55082 Home phone Minnesota Business phone 439-1270 Type of organization ❑ Club ❑ Charitable ® Religious ❑ Other non-profit City State Zip Stillwater Minnesota 55082 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 City/County Date Approved City Fee Amount Permit Date Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 „or2017-62-) ti 1 ive),A, dpic Ltit bec.i4.1--t- oc-toco ru w tiew e e-4 1 W \I\ 41 efQ-S e- A- -Pe cu Ci cefLAYs •";-F 00 J-66 K t141,-c_e Urn. rooetine-\5-4 W eovJ r Ce4k)...s e o -u tCL Nrciet\ooZ vhock j'kte. rC_Go ci tiA ro cc) 4 1 Ile NeCti rY1 rOtie vnev4 Fl (- G (i ri--totue( ro Ft -a ck3 LA.fr G t ep-ttr e Lru e Toa woLK, ,S m e )'( bit) _L_ way. Id soe seco&J A47.- .'74ve rCA Lt.) tueu_› „Lk) e a -td hAuc sp. C.2 is. bosei riNJ 4-c re - sk)6 _S w keLe. p(K8 .0T osv OcCero_s- we_k cp t � Pc� , � e-- WO+ {/uePv �C1(�Ikj apt w'La\i\Jo� 00(1, �%L e c� See m P � 4o b e, .. (10 s-i- u rk..94-‘t bc.:)e-,3 Nt-VIfs r'--C C) c o rn 1 v edi ctil f e- t,,-) 1-c to e vn sz -e t -Ps --To ti tawl\\(le. fflwater. Administration Date: March 20, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Simple Recycling - Collection of Soft Recyclables At the March 7th meeting, Council received a presentation from Mr. Paul Gardner and Karen Richtman regarding a textile recycling service available for our residents. The service would coincide with the recycling schedule with our current waste hauler. After the presentation Council requested that staff acquire references from the cities in Minnesota that have implemented this program. The representatives of the Cities of St. Louis Park, Brooklyn Park, Brooklyn Center, Crystal and New Hope's references on the program are attached. Also attached is the Simple Recycling Collection Data for their 1St Collection Cycle. RECOMMENDATION: Staff recommends that we offer this new program to our residents and approve the agreement contingent upon the review and approval of the agreement by the City Attorney, and that that the agreement would run concurrently with our Stillwater Waste & Recycling contract with Waste Management through June 30, 2021, instead of the 5 years indicated in the agreement. Staff also recommends the removal of the "auto renew" clause in the agreement ACTION REQUIRED: If Council concurs with the staff recommendation, they should pass a motion adopting a resolution entitled "approving agreement for collection of Soft Recyclables." Diane Ward From: Karen Richtman <klrichtman@gmail.com> Sent: Monday, March 13, 2017 6:07 PM To: Diane Ward Subject: reference replies Diane, Here are the replies I received from the two recycling coordinators that work with the 4 cities in MN that just started a few weeks ago. I am working on the memo tonight. Should be at your computer desk tomorrow morning. K - Hi Karen, I am sorry I wasn't able to respond to your message until now! In the first 2.5 weeks of the program we collected over 3 tons of material. Considering we previously collected 8 tons over the course of an entire year when we provided clothing recycling with contractor Eureka Recycling, we think this is a great start! The program start-up was very easy and as you can see from the material collected, residents are participating at a level that we expected. Some residents have voiced their opinion that they think the city should be promoting donations to local charities, rather than giving it to a for-profit company. We've maintained the message that we encourage residents to keep it out of the trash, whether that is through a donating to a charity or using the Simple Recycling program. Simple Recycling and their staff have been very good to work with, have responded quickly to questions or requests for help on coming up with innovative ideas to educate residents about not leaving unwanted items out or putting bags in alleys (we chose to do front curb collection only). As far as issues/problems go, we have identified that when bags were sent out in the mail by Simple Recycling's bag manufacturer, some homes were missed. We are working with them to resolve the issue. Otherwise, we are experiencing the typical program start-up education issues that you would expect would come with rolling -out a new program to residents. Simple Recycling does education through the first couple of mailers, but you should expect to use your regular communication tools to promote and educate as well. I hope this is helpful, let me know if you have other questions. Thanks, Kala Fisher Solid Waste Program Coordinator 1 City of St. Louis Park 7305 Oxford St., St. Louis Park, MN 55426 Office: (952) 924-2183 www.stlouispark.org Experience LIFE in the Park. Karen, The program is going quite smoothly in all four cities: Brooklyn Park, Brooklyn Center, Crystal and New Hope. 1 Residents have been very excited about it. When we posted this on Facebook we had more than 60 likes (typically if we get five we're doing well). A few people have been concerned because they think this will be taking clothes away from charities. But we say that we want people to continue donating, we're targeting the 85% of clothes that don't get donated. No great challenges other than getting the word out. Tim Pratt Support Services/Recycling Manager Operations & Maintenance Department 8300 Noble Ave, Brooklyn Park, MN 55443 763-493-8120 2 To: Diane Ward From: Karen Richtman Date: March 13, 2017 Re: Simple Recycling Diane, Below is the contact information for the Simple Recycling references and the first collection data for the cities of Brooklyn Park, St. Louis Park, Crystal and New Hope. 1. Tim Pratt, Support Services/Recycling Manager Operations & Maintenance Department 8300 Noble Ave, Brooklyn Park, MN 55443 763-493-8120 Tim.Pratt@brooklynpark.org 2. Kala Fisher Solid Waste Program Coordinator I City of St. Louis Park 7305 Oxford St., St. Louis Park, MN 55426 Office: (952) 924-2183 kfisher@stlouispark.org Simple Recycling Collection Data for First Collection Cycle Please feel free to contact me for any further information you might need. Thank you, Karen L. Richtman, Recycling Consultant for Stillwater Weekly pickup BASELINE Launch Week # of Households Participation Rate Week 1 Pickups Week 1 Weight w/ 1 to 4 units Brooklyn Center 182 5,523 8,087 2.3% New Hope 100 1,997 4,936 2.0% Crystal 124 2,887 7,576 1.6% Brooklyn Park 372 10,353 23,537 1.6% Total Pickups Total LBS 778 20,760 St. Louis Park Week 1 Pickups Week 1 Weight 154 3,160 Week 2 Pickups Week 2 Weight 105 2,292 Total 259 5,452 12,294 2.1% Total for 5 cities 1037 26,212 56,430 1.8% Please feel free to contact me for any further information you might need. Thank you, Karen L. Richtman, Recycling Consultant for Stillwater Weekly pickup APPROVING AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES WITH GREAT LAKES RECYCLING, INC. DBA: SIMPLE RECYCLING BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement between the Great Lakes Recycling, Inc., DBA: Simple Recycling and City of Stillwater for collection of Soft Recyclables within the City of Stillwater City limits, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Vice Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 21St day of March, 2017. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES This Agreement for the Collection of Soft Recyclables ("Agreement") is made and entered into this 21st day of March, 2017, (the "Date of Execution") by and between City of Stillwater, a municipal corporation with an address at 216 4th Street N, Stillwater, MN 55082 (herein referred to as "CITY"), and Great Lakes Recycling, Inc. d/b/a Simple Recycling, an Ohio corporation with a business address at 5425 Naiman Parkway, Solon, OH 44139 (together which with its successors and assigns, herein referred to as "Contractor"). WITNESSETH: WHEREAS, Contractor is skilled and experienced in the collection and efficient recycling and disposition of Soft Recyclables; and WHEREAS, CITY desires to limit and restrict the quantity of Soft Recyclables which are deposited in the landfill; and WHEREAS, CITY has selected Contractor to collect, identify, haul, recycle and/or dispose of Soft Recyclables in the CITY'S Service Area; and WHEREAS, Contractor can provide such services and is in the business of and has the expertise, experience, resources and capability to perform the collecting, identifying, packaging, hauling, recycling and/or disposing of Soft Recyclables; and Now, THEREFORE, in consideration of the premises and material promises set forth below and other consideration the receipt and sufficiency of which is hereby acknowledged by the parties, Contractor and CITY (herein collectively called the "Parties") hereby agree as follows: 1. Term. This Agreement shall begin upon the Date of Execution and continue for an initial term of April 1, 2017 through July 30, 2021 (the "Initial Term"). At the end of the Initial Term Contractor and CITY have the right to renew for additional five (5) year terms upon mutual agreement (each such term an "Extension Term" and collectively, the "Term"). Unless either Party provides written notice to the other Party at least sixty (60) days prior to the end of the Initial Term or any Extension Term, the Term shall automatically renew for an unlimited number of five year terms. During the Term, Contractor shall have the sole and exclusive rights to pick up Soft Recyclables in the CITY'S Service Area through municipal contracted pick up. 2. Contractor's Program Commencement. During the Term, Contractor agrees to begin providing program services on the earlier of the following: (1) a date no later than the day of , 20, or; (2) a date on which Contractor provides written notice to CITY that sufficient population density has been achieved in a Service Area to support program services (the "Date of Commencement"). In either event, the Date of Commencement will be no later than twelve (12) months from the Date of Execution of this Agreement. On the Date of Commencement, Contractor agrees to furnish all labor, equipment, tools, and services required and necessary for the collection and disposal of Soft Recyclables within CITY and the Service Area and provide qualified supervisory personnel to direct the activities of Contractor under this Agreement. 3. Collection Procedures. During the Term and after the Date of Commencement, Contractor shall collect all acceptable Soft Recyclables set-out for recycling and collection by Residential Customers in approved Containers. The decision of what is an "acceptable" Soft Recyclable shall be made in the sole reasonable discretion of Contractor. However, in no event shall Contractor be required to accept any Excluded Items (excluded items include, but are not limited to the following items: garbage, hazardous waste, carpet, newspapers, mattresses, large furniture, large appliances, yard waste) and in no event shall Contractor provide service to Commercial Customers. Contractor shall not be responsible for collecting Soft Recyclables which have fallen or been placed Curbside but are not in a Container. Contractor agrees to operate collection vehicles in such a manner to prevent materials from being blown from the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to CITY. 4. Ownership. Soft Recyclables set out for collection on the regularly scheduled collection day shall belong to Contractor from the time of its set-out. Soft Recyclables physically collected by Contractor shall be deemed acceptable Soft Recyclables for the purposes of its obligations under this Agreement. 5. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place Containers at Curbside for collection. Overflow material shall be placed adjacent to the Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner and are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that will not interfere with or endanger the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not set out in accordance with this paragraph. 6. Contamination and Improper Set Out. If Contractor encounters any improperly packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those materials in the Container or remove them from the Container and leave them Curbside. Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable items, and leave contaminants at Curbside. 7. Collection Schedule. Contractor shall divide the Service Area into collection areas to coincide with CITY collection dates. Collections shall be made from Service Recipients on a regular schedule in accordance with the existing CITY recycling pickup schedule; however, Contractor reserves the right to alter the frequency of the scheduled pickups on an as needed basis. Contractor shall not be required to perform any service under this Agreement on Holidays. Contractor may interrupt the regular schedule and quality of service because of street repairs, snow or other closures of public routes, which in Contractor's sole reasonable discretion makes the pick-up of the Soft Recyclables from a Service Recipient impracticable under the circumstances. 8. Missed Collections and Complaints. Service Recipients shall be instructed by CITY to report missed collections and complaints to Contractor. The Program Brochure and other program information shall include contact information for the Contractor to facilitate communication from Service Recipients. Contractor shall give prompt and courteous attention to all reported missed collections and complaints. 9. Inventory of Containers. During the term of this Agreement, Contractor shall purchase (at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution to Service Recipients. Prior to commencement of service under this Agreement, Contractor shall provide new Containers to each Service Recipient. Containers shall initially be delivered to Service Recipients with an informational brochure on the recycling collection program described herein that is produced and printed by the contractor and approved by CITY, which approval shall not be unreasonably withheld (the "Program Brochure"). 10. Contractor's Fee. Contractor shall pay to CITY a contract fee of One Cent ($0.01) per pound of gross receipts of Soft Recyclables in the CITY'S portion of the Service Area. Payments shall be made to CITY not more than thirty (30) days following the close of each calendar month during the term of this Agreement. Weight shall be collected and documented upon completion of each collection day. 11. Publication Information and Education Program. CITY shall provide public information in the normal course to inform Service Recipients of this recycling program. The content and timing of CITY public information shall be coordinate with and approved by Contractor. Contractor may prepare and distribute its own promotional materials subject to CITY approval, which approval shall not be unreasonably withheld. Contractor shall participate in CITY directed promotion and education efforts as outlined below: a. During the course of the routine recycling pick up, provide and distribute notices regarding rejected materials and proper set out procedures. b. Training of employees to deal courteously with customers on the telephone and on -route to promote the collection service and explain proper material preparation. c. Coordinate with CITY for distribution of written promotional and instructional materials directly to Service Recipients. d. Be available a minimum of two times per year to participate in promoting the collection service at an area fair, neighborhood association program, school, or community event. e. Provide advice to CITY on promotion and education material content and presentation. 12. Telephone and Customer Service. Contractor shall maintain and staff a local toll-free telephone number where complaints of Service Recipients shall be received, recorded and handled by Contractor, between the hours of 9:00 AM and 4:30 PM Monday through Friday, excluding Holidays. Typically, all "call backs" shall be attempted a minimum of one time prior to 6:00 p.m. on the day of the call. If the caller is not contacted on the first attempt, Contractor shall make subsequent attempts on the next working day after the original call. Contractor shall make a minimum of three (3) attempts within twenty-four (24) hours of the receipt of the call. All attempts to contact the caller shall be recorded on a log kept by Contractor. 13. Marketing and Disposition of Recyclable Material. Contractor shall be solely responsible for the marketing and sale of collected Soft Recyclables, and shall be solely responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell the Soft Recyclables in a timely manner. 14. Insurance. During the term of this Agreement Contractor agrees to keep in force, with an insurance company licensed to transact business in Minnesota, an "occurrence basis" insurance policy or policies indemnifying, defending and saving harmless CITY from all damages (except for damages caused by CITY's own negligence, willful misconduct or failure) which may be occasioned to any person, firm, or corporation, whether damages are by reason of any willful or negligent act or acts on part of Contractor, its agents or employees, with limits no less than: a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage. b. Vehicle Liability: Two Million and no/100 Dollars ($2,000,000.00) combined single limit per accident for bodily injury and property damage. c. Worker's Compensation/Industrial Insurance: Limits as required by the State of Ohio. The general liability provisions in automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) CITY, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor. (ii) Contractor's insurance coverage shall be primary insurance as CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to CITY, its officers, officials, employees, or volunteers. (iv) Contractor's insurance shall apply separate to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, nor reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to CITY. 15. Indemnification and Hold Harmless. Except for CITY'S own negligence, willful misconduct or failures, Contractor shall save, keep, and hold harmless CITY, its officers, agents, employees, and volunteers from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omission of Contractor, any of Contractor's employees, or any subcontractor. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and CITY, its members, officers, employees, and agents, Contractor's liability hereunder shall be only to the extent of Contractor's negligence. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 16. Compliance with Law. Contractor agrees to comply with all published ordinances, laws, rules, and regulations, together with amendments thereto, of the STATE OF MINNESOTA, the United States of America, or CITY pertaining to the services to be performed hereunder. 17. Taxes. Contractor agrees to save CITY harmless from any and all taxes or assessments of any kind or nature levied by any political subdivision upon Contractor by reason of services rendered for Soft Recyclables and disposal for CITY. 18. Employee Conduct. All Contractor personnel must maintain a courteous and respectful attitude toward the public at all times. At no time may they solicit, request or receive gratuities of any kind. Contractor must direct its employees to avoid loud and/or profane language at all times during the performance of duties. Any employee of Contractor who engages in misconduct or is incompetent or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or discourteous must be removed from service under this contract by Contractor. 19. Monthly Reports. Contractor shall provide monthly project status reports. These reports will be due within fifteen (15) days of the close of the month being reported. At a minimum, the reports shall include detailed data to allow analysis of collection and processing efficiencies including pounds of Soft Recyclables collected in the prior month and the payment of the required fee to CITY. 20. Inspections. Upon reasonable advanced request to Contractor,_CITY may inspect the facilities, equipment and operations of Contractor to assure itself of the appearance and compliance with provisions of this Agreement. Upon reasonable advance request, CITY may review the records kept on the Soft Recyclables collected under the terms of this Agreement to test and validate the weights claimed. CITY agrees to notify Contractor, in writing, at least forty-eight (48) hours prior to any such inspection and shall indicate the reasonable basis for requesting the inspection. 21. Meetings and Communications. In order to minimize misunderstanding and to provide thereafter a forum for discussing and resolving any issues that may arise, the parties agree to meet on a regular basis and hereby adopt communications procedures as follows: Meetings After Collection Begins. After Collections begin, meetings shall be held no less frequently than a quarterly basis, unless otherwise mutually agreed, between representatives of the parties. Such meetings will be held for the purpose of reviewing and discussing day-to-day operations, promotion, public information and public relations. Designation of Representatives. Each party shall send at least one representative to each meeting. CITY shall send to each meeting at least one staff member with operation expertise. Each party shall designate one, and only one, representative as its Lead Representative. If a party sends only one representative to any meeting, that person shall be conclusively presumed to be its Lead Representative. 22. Compliance with Laws and Regulations. Contractor agrees that, in performance of work and services under this contract, Contractor will qualify under and comply with any and all applicable federal, State and local laws and regulations now in effect, or hereafter enacted during the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 23. Termination and Breach. Either party may terminate this Agreement without cause upon one hundred eighty (180) days written notice. Should CITY elect to terminate this Agreement without cause under the aforementioned provisions or if Contractor terminates this agreement for-cause, CITY shall not enter into any other Soft Recyclables program in the CITY'S Service Area for a period of three (3) years unless undertaken with the Contractor, unless said restriction is waived in advance, in writing by the Contractor. However, should CITY elect to terminate this Agreement for-cause due to an uncured breach by the Contractor, CITY shall not be precluded from entering into any other agreement for the collection, identification, packaging, hauling, recycling and/or disposing of Soft Recyclables. In the event of a breach of the terms and conditions of this Agreement by either Party hereunder, the non-breaching Party may elect to terminate this Agreement by providing the defaulting Party with a written notice of such default, and allowing the breaching Party a period of thirty (30) days from and after the date of such notice to cure the breach complained of to the satisfaction of the non-breaching Party. In the event said breach is not cured within the thirty (30) day period, this Agreement shall be terminated (for-cause) as of the last day of the period. In the event CITY is the non-defaulting party, Contractor agrees to furnish services under this Agreement until such time as another Soft Recyclables collection and disposal contractor can be selected by CITY. 24. Severability. Should one or more of the provisions of this Agreement be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in full force and effect, provided that the continuation of such remaining provisions does not materially change the original intent of this Agreement. 25. Independent Contractor Status. In the performance of services pursuant to this Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or employee of CITY. Contractor shall have exclusive control over the details of the service and work performed and over all persons performing such service and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, Contractors and subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other benefits which accrue to CITY employees and Contractor expressly waives and claim it may have or acquire to such benefits. 26. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold, nor assigned by either Party to any person, firm, or corporation, without the prior written consent of the other Party. 27. Definitions. a. Commercial Customer: The term "Commercial Customer" means non-residential customers, including businesses, public or private schools, institutions, governmental agencies and all other users of commercial -type Garbage collection services. b. Container: The term "Container" means a bag, supplied by Contractor for use by the Residential Customer to set out Soft Recyclables. c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on -street parking. If circumstances preclude, a Curbside shall be considered a placement suitable to the resident, convenient to Contractor's equipment, and mutually agreed to by CITY and Contractor. d. Excluded Items: The term "Excluded Items" means Garbage, Hazardous Waste, large furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines, newspapers, car seats, cribs, mattresses, paint, tires, cleaners, etc. and any item heavier than fifty (50) pounds. e. Garbage: The term "Garbage" means all putrescrible and non-putrescrible solid and semi- solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass, yard debris, leaves, swill, demolition and construction wastes, dead animals piles of debris, car parts, construction or demolition debris, any item that would be considered Hazardous Waste, or stumps. f. Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or dangerous waste, substance or material, or contaminant, pollutant or chemical, known or unknown, defined or identified as such in any existing or future local, state or federal law, statute, code, ordinance, rule, regulation, guideline, decree or order relating to human health or the environment or environmental conditions, including but not limited to any substance that is defined as hazardous by 4 0 C .F .R. Part 2 61 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA or any Ohio statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by federal law. g. Holiday: The term "Holiday" means the following days: New Year's Day, Martin Luther King's Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas Day, unless otherwise specified by the CITY recycling holiday schedule. h. Residential Customer: The term "Residential Customer" means and individual or individuals residing in a living space rented, leased or owned. i. Service Area: The term "Service Area" means the municipal corporate limits of CITY plus, if necessary, one or more adjacent municipalities within a forty (40) mile radius with a minimum of forty thousand (40,000) households and be scalable to a minimum of one hundred thousand (100,000) households within a forty (40) mile radius, based on the municipalities' collection censuses. The Service Area will encompass all of CITY'S trash and recycling collection area, as it may be amended from time to time. j. Service Recipients: The term "Service Recipients" means Residential Customers of CITY in the Service Area. k. Soft Recyclable: The term "Soft Recyclable" means items of an individual weight less than fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily men's, women's and children's clothing as well as items such as jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps, sleeping bags, small furniture, small appliances, irons, radios and audio equipment, TVs and video equipment, cameras, lamps, hairdryers, tools, toasters, microwaves, coffee makers, computers and household or consumer electronics, silverware, dishes, pots and pans, glasses and the like. The definition of Soft Recyclable is subject to modification in the discretion of Contractor based upon experience gained during the term of this Agreement. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Date of Execution first written above. CITY OF STILLWATER By: Michael Polehna, Vice Mayor By: Diane F. Ward, City Clerk GREAT LAKES RECYCLING, INC. D/B/A SIMPLE RECYCLING By: Adam Winfield, President lihIwaEer Administration Date: March 13, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Veterans Memorial Ceremony Fee Waiver Request The Veterans Memorial Committee conducts Memorial Day and Veteran's Day Ceremonies to honor all military veterans and active duty personnel. In the past, they were considered "events", however because of the growing size of the event they have been placed in the "special event" category. This category requires that the organizer of the event pay for police services and temporary restrooms according to the City's Special Event Policy. David Ratte, Veterans Memorial Representative, has clarified the committee's request to be only waiving of the fees for the application and police services for their 2017 event on Memorial Day and for any Memorial Day and Veteran's Day ceremonies in the future. They will be contracting with a local vendor for the temporary restrooms. Should Council waives the fees as requested, the committee would still be required to submit an annual event application for each ceremony so that the Police Department can determine the appropriate staff needed for the events. ACTION REQUIRED: Review the request and provide direction to staff on the waiving of fees for this year's event and future Memorial Day and Veterans Day events conducted by the Veterans Memorial Committee. De/era/2s J emorz�af P0. Box 137, Stillwater, MN 55082-0137 • Phone: 651-344-6245 Email: info@stillwaterveteransmemorial.org • Website: www.stillwaterveteransrnemorial.org March 1, 2017 Subj: Stillwater Veterans Memorial Ceremony Fee Waiver Request The Stillwater Veterans Memorial Board requests long-term waiver of City fees associated with conducting the annual Memorial Day and Veterans Day ceremonies at the Memorial, to include permit application, police support, and temporary portapotty costs. In keeping with its mission to honor all military veterans and active duty personnel and to educate the public to their service and sacrifice, each year at Memorial Day and Veterans Day the Stillwater Veterans Memorial Board hosts ceremonies honoring all service members and veterans. Typically attended by crowds now approaching 1,000 people and growing each year, the ceremonies provide a non-political, family -friendly celebration of our nation's hard-won freedoms. Members of the Stillwater Area High School band and various local chorale groups, local VFW and Legion representatives, Scout troops from around the St. Croix Valley, and local businesses provide fee -free services and refreshments. The ceremonies incorporate representatives from the various branches of service and speakers addressing subjects of interest to our military and civilian audiences, with a particular focus on public service. Since its dedication in 2004, the Stillwater Veterans Memorial raises operating funds and Memorial maintenance endowment funds principally through the sale of granite pavers memorializing veterans' service and an annual riverboat dinner cruise. While the City provides a quarterly stipend to execute a site maintenance agreement related to lawn care and snow removal, that amount has remained unchanged for ten years despite rising contract labor costs. Were it not for hundreds of volunteer man-hours, and financial augmentation by the Memorial Board, the site could not be maintained in the garden -like condition it has now become. While the Memorial Board is not insensitive to the increased effort required by the City to support the steadily growing Memorial Day and Veterans Day events at the Memorial, this is in turn a shared benefit for the City in the form of a quality ceremony that brings great credit upon the City for little public cost. That said, this event is already of significant cost to the Memorial Board as the ever - popular Memorial Day flyover cost $1,600 in 2016, let alone other expenditures each ceremony incurs. The Stillwater Veterans Memorial Board thanks the City of Stillwater for its continuing overall support and the opportunity provided to recognize and honor our local veterans. Respectfully submitted, A u David Ratte Chairman Honoring Our Heroes, then, now, and forever i 1 1\la t ec 114E 1 IRTMELA CE OF MINNESOTA AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North March 21, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the March 7, 2017 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Sculpture Tour Update - Presentation by Julie Pangallo & Approval of River City Sculpture Tour for 2017 VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 11. Resolution 2017-055, directing payment of bills 12. Resolution 2017-056, approving Exhibit A as it relates to Resolution 2013-057, resolution establishing procedures relating to compliance with reimbursement bond regulations under the Internal Revenue Code (available Tuesday) 13. Resolution 2017-057, approval of non-exclusive wharfage permit between the City of Stillwater and John Henley, St. Croix Sailing Club 14. Resolution 2017-058, approving license to use real property - North Hill Community Garden 15. Resolution 2017-059, approval of continuing medical education agreement between Regions Hospital, through Regions Hospital Emergency Medical Services and Stillwater Fire Department 16. Resolution 2017-060, approval of renewal of the Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J 17. Resolution 2017-061, approval of Development Agreement Addendum for Rutherford Station 2nd Addition 18. Resolution 2017-062, approval of tax district code change to improve parcel maintenance in the taxation system 19. Resolution 2017-063, approval of Mn DNR grant application for local trail connections IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 20. HPC Case No. 2017-2, This is the date and time to consider an appeal request by Jeffrey B. Larson, JBL Companies, property owner, and Chris Goetzke, applicant. The request is to reconsider a Design Permit denied by the HPC for the property located at 324 Main Street South in the CBD district. PID 28.030.20.41.0004. Complete property and legal description available upon request. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 10, 2017. (Resolution - Roll Call) 21. This is the date and time for a public hearing to consider the 2017 Street Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 10 and 17, 2017. (Resolution - Roll Call) 22. This is the date and time for a public hearing for the first reading of an ordinance entitled - Short Term Rental Ordinance (table to 4/18/17 meeting) X. UNFINISHED BUSINESS 23. Possible approval of second reading of Ordinance 1092 amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax (2nd Reading - Roll Call) 24. Possible approval of Simple Recycling (Resolution - Roll Call) (available Tuesday) 25. City Building project - Funding Update (available Tuesday) XI. NEW BUSINESS 26. Request to waive fees for Vets Memorial Day Event (available Tuesday) 27. Possible approval of a Conservation Easement for the former Aiple property (Resolution - Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 28. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT i 1 1 tec TME 1 !ATOP LA CE OF MINNESOTA CITY COUNCIL MEETING MINUTES March 7, 2017 REGULAR MEETING 4:00 P.M. Mayor Kozlowski called the meeting to order at 4:10 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 Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Engineering Secretary Wolf OTHER BUSINESS Police Department Walk Through Wenck Construction brought the Council on a tour of the progress of improvements that have made to the new Police Department. Simple Recycling - Textiles - Paul Gardner Paul Gardner, director of regional municipal partnerships for Waste Zero, explained a program for free curbside clothing and home goods recycling that could be provided at no cost to the City or residents. Plastic bags would be mailed to all eligible households for placement of textiles, clothing, and small electrical devices, that would be picked up by a small pick-up or van on the same schedule as yard waste. The City would receive a penny per pound, $20/ton. Karen Richman, recycling coordinator for the City, stated that in June, the City will apply for 2018 grant funds, so hopefully the Council will make a decision prior to June. She added that other communities have had no problems with Simple Recycling. Participation in the program would help Stillwater meet its recycling mandates for Washington County. It was Council consensus to direct staff to check on references of other Minnesota cities and return the item at the next meeting. St. Croix Riverbank Restoration Project Feasibility Report Jennifer Hildebrand and Todd Hubmer, engineers with WSB, presented a St. Croix riverbank restoration project feasibility report. They reviewed project goals, existing conditions, proposed City Council Meeting March 7, 2017 stabilization methods and possible stormwater management strategies. The preliminary cost estimate for the project is $1.88 million. Ms. Hildebrand stated that regulatory and permitting agencies, including the Department of Natural Resources, National Park Service, Army Corps of Engineers, Middle St. Croix Water Management Organization, and Browns Creek Watershed District, were consulted and potential funding mechanisms were explored. She added that funding is easier to secure when native plants are used, and the project is broken down into smaller units, producing measurable water quality enhancements. Mr. Hubmer explained erosion techniques that could be used, to include vegetative reinforced slope stabilization (VRSS) and hand placed rip -rap. He added that they try to use as many local native plants as possible and will work with various agencies on particular species. He told the Council that area 1 is the highest priority because of the extent of erosion. Joint meeting with Downtown Parking Commission Community Development Director Turnblad informed the Council that the downtown parking system is reaching capacity and the Downtown Parking Commission is receiving more and more requests to use the public parking system for mitigation of parking deficits for new businesses and intensification of uses. He stated that if every space mitigated were used at one time, that would consume 26% of all downtown public parking. On some weekends, the parking ramp is at capacity. Ramp revenues cover the costs of maintenance and operation, but will not sustain capital improvements or depreciation. A new parking ramp would cost about $17,000-20,000 per stall. The City has approximately $600,000 capital reserve in the enterprise fund. Councilmember Weidner asked where a three-level ramp could be located; and Mr. Turnblad responded that the downtown plan advisory committee is looking at three potential locations: option 1, Lot 1 south of the Brick Alley building; option 2, Lot 16 south of Shorty's, which would probably be better suited to some sort of mixed use; and option 3, Lot 17 west of Teddy Bear Park. The community will be able to weigh in at an April 20 open house. Councilmember Polehna commented that the daily parking rate of $3/day is low compared to other cities. Councilmember Junker remarked that most new businesses cannot provide onsite parking. For instance, JX Events Center has the capacity for 500 people, but could not provide one parking space on site. Councilmember Weidner added that the City allowed the change of warehouse use for JX Events because of its location right across from the parking ramp. He understands the importance of reusing older structures and the dilemma that presents in terms of parking mitigation. He asked if parking mitigation fees should increase. He questioned how to make mitigation payments fair for all; and Community Development Director Turnblad replied that the fee is determined by the Council and it has not changed in 20 years. Councilmember Junker acknowledged it has been discussed before. Some businesses, for instance the Grainery and Lolo, are paying mitigation fees, while older businesses, such as the Mad Capper, are not because they existed before the mitigation system was established. The rate of $10/month has not changed since the system was established. Page 2 of 10 City Council Meeting March 7, 2017 Mayor Kozlowski stated the City should definitely look at upping the fees, but realized that would bring complaints from businesses. Commissioner Glynn proposed one option would be to have different parking mitigation fees for businesses that pre-existed the mitigation requirement versus new businesses coming in. Councilmember Menikheim acknowledged that over the last six years, the problem has been increasing. He suggested the City secure a consultant to identify short term and mid-term solutions. Mayor Kozlowski posed the possibility of creating a business improvement district to spread costs of a parking ramp over everyone who benefits from downtown parking. A formula could be devised to credit businesses that provide their own parking. Commissioner Hopfe pointed out that there is a huge discrepancy in how much property tax is collected from downtown. Councilmember Junker remarked that businesses like Dock Cafe, Tin Bins and the Freight House, that provide some of their own onsite parking, would need to be given some credit. Business owners hate writing a check every quarter for mitigation when their neighbor right across the street pays nothing because they have been there longer. Costs should be spread out. Councilmember Weidner indicated that the concept of a three level parking ramp at Lot 1 seems excessive for the site and would seem like a behemoth at the entrance to downtown. Commissioner Anderson acknowledged the design would have to take into account the river view. It would maximize revenue, but aesthetics would be very important. Councilmember Polehna commented he would probably be opposed to ramp at Lot 1, even if one level were below ground and two levels above ground. Community Development Director Turnblad stated that the downtown plan process will include an estimate of the number of potential parking spaces and an average cost of building a ramp in different locations. Mayor Kozlowski asked how the City is doing on controlling where different people are parking, for instance ensuring that employees are parking further away, and that there are enough 30 minute spaces for shoppers who want to run in and out quickly. Commissioner Anderson responded that business owners parking out front is still a problem. Councilmember Junker pointed out that the new bridge is going to change some habits. It remains to be seen what the impacts will be. The City has cleaned up a lot of miscellaneous things such as paving, striping and re -designating spaces, and the parking system is in great shape. Commissioner Glynn mentioned that the Downtown Parking Commission had been discussing the possibility of having a shuttle running this summer to a location outside of downtown, for instance Fury Motors, if both hotel construction projects are happening at once. The overall goal should be to provide enough parking for the businesses and to not have to deny businesses on the basis of parking. Commissioner Anderson added that constructing a second parking ramp would be the most efficient way to accomplish that. It took a lot of effort to get drivers to utilize the existing ramp. He agreed that the City needs to be cautious in determining where to build it. Page 3 of 10 City Council Meeting March 7, 2017 Councilmember Weidner noted at some point the choice becomes ease of use versus parking a block off Main Street. Police Chief Gannaway indicated that Lot 17 is always full. If that location were chosen for a ramp, issues would be eliminated if Chilikoot Hill were closed. Councilmember Polehna stated that people would complain about having to pay to park when visiting Teddy Bear Park. He feels another 15-20 cars could be parked there if the old foundation were excavated, but it may not be a clean site. Councilmember Menikheim reiterated that he does not think the Council has the time and skill level to pull all the pieces together. He predicted if the City moves forward with a ramp on Lot 1, there will be an absolute firestorm. A consultant should be hired who can sort out all the variables. Councilmember Weidner disagreed. He feels the Council and staff have the ability to determine the best location for a parking ramp. Councilmember Junker recalled when the City built the ramp in 2007, the perception was that it would take care of all parking needs. Ramp revenue has more than doubled in two years and the ramp is being utilized, that has to be the catalyst to build another ramp. There is no more room for surface lots. Community Development Director Turnblad stated that the 2008 comprehensive plan identified four different locations for a ramp; the location chosen was the one that could be done at that time. Experts were involved in identifying potential sites and in the design of the ramp. Councilmember Polehna added that it was in a TIF district so there was a funding source that could pay the debt service. Councilmember Weidner suggested after completing the downtown plan, this group should hold another working session to look at the cost of a parking ramp and revisit the parking mitigation fees. Councilmember Junker stated he would hate to tell a new business owner to come back in two years when the City has a better plan. He added that lack of parking is in some regards a great problem to have, compared to worrying about how to get people to come to downtown Stillwater. Commissioner Hopfe told the Council that every year, there are more requests to close off parking lots for events. Commissioner Anderson stated the Downtown Parking Commission has a formula to determine the charge, and the Council often reduces that fee. The events bring more people into the City, while reducing the parking. Councilmember Weidner acknowledged the City needs to be judicious in approving events. RECESS Mayor Kozlowski recessed the meeting at 6:34 p.m. Page 4 of 10 City Council Meeting March 7, 2017 RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:08 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 Community Development Director Turnblad Public Works Director Sanders Engineering Secretary Wolf PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. STAFF REPORTS Community Development Director Turnblad informed the Council that the short term home rental ordinance will go before the Planning Commission for a public hearing tomorrow night. If it is not tabled there, the Council will see it for first reading at the next meeting. Public Works Director Sanders stated that all soils brought in for Hockey Day Minnesota have been removed and the area is back down to its original elevation. The event organizer has to replace some of the curb in the circle and do some restoration. Mayor Kozlowski asked how to get rid of the ice castles. City Administrator McCarty replied Ice Castles LLC will assist in the removal. Staff will contact them to remove the structures expeditiously rather than letting them melt. Mr. McCarty reminded the Council of the League of Minnesota Cities March 23, 2017 Legislative Conference. APPROVAL OF MINUTES Possible approval of minutes of the February 21, 2017 regular meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the February 21, 2017 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Promotion of John Nobles to Assistant Fire Chief Fire Chief Glaser presented John Nobles with his promotion to Assistant Chief. Mr. Nobles thanked the Council and the Chief for the opportunity to be a member of the Stillwater Fire Department for the last 22 years. Page 5 of 10 City Council Meeting March 7, 2017 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-046, Directing the Payment of Bills Resolution 2017-047, resolution approving lease of dock space from St. Croix Boat & Packet Resolution 2017-048, resolution accepting cash donations Resolution 2017-049, approval of dock permit for St. Croix Boat & Packet and wharfage permit for gondola (2017) Resolution 2017-050, approving salary schedule for public works season maintenance worker and civil engineering intern Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible approval of SUP approval on North Main Street hotel project Community Development Director Turnblad explained that in December 2016 Midnight Real Estate LLC appeared before the Planning Commission with a Special Use Permit request for a new hotel, parking structure and a three story office building at 232 North Main Street. The Planning Commission gave conditional approval of the Special Use Permit. Subsequently, the developer discovered that the soils are so poor on the western portions of the site that the parking structure is not economically feasible to construct. Therefore, the developer is now proposing to eliminate both the parking structure and the office building, replacing both with a 65 space surface parking lot. The 65 -car lot proposed includes two parcels, the northernmost of which is City - owned. The proposal is to replace the 25 public parking spaces that are currently there by designating 25 public parking spaces in the new parking lot which are not allowed to be used by the hotel. The remaining spaces would be strictly for hotel use. This would meet the hotel needs under a normal business model of 60% occupancy. Hotel staff would purchase parking ramp passes to park across the street in the City ramp. The hotel would lease the City property. The request before the City Council is approval of a Special Use Permit for the hotel and restaurant. The Planning Commission, Heritage Preservation Commission and Parks Commission have reviewed the SUP and recommend approval with 15 conditions. The Downtown Parking Commission reviewed the project and recommended approval with valet parking on-site rather than in Municipal Lot 12. Whenever more than 60% of the rooms are occupied, the cars would be valet parked in the two most westerly rows closest to the street. The hotel will pay for 38 spaces during the summer season and 33 during the off season. Councilmember Junker asked if the parking spaces designated for the John Uppgren property are physically separated; and Mr. Turnblad replied that there is a hedge line separating the 17 spaces leased by Mr. Uppgren's Arcola building for daytime use. Those spots would continue to be leased Page 6 of 10 City Council Meeting March 7, 2017 to Arcola for their exclusive use during business hours. At other times they would be for public parking, but not for hotel use. Councilmember Polehna asked how the arrangement would be enforced; and Mr. Turnblad responded that the parking enforcement officer usually tries to contact the vehicle's owner to ask them to move, and when that is unsuccessful they can be ticketed. He acknowledged the City will continue to own part of the lot and he is uncertain whether the City can ticket on private property; it would probably require some type of agreement. Councilmember Junker noted that some Rivertown Commons residents park there now overnight. Mr. Turnblad stated that currently they park in the small gravel lot, so they would likely find a spot in the new lot. He explained that the hotel will need 78 spaces, plus it will need to replace the 25 City spots, for a total of 103 spaces. The plan shows 65 spaces, so they are 38 spaces short during the busy season. Councilmember Junker pointed out that questions have been raised about large delivery trucks. Mr. Turnblad responded there is a 10' x 30' loading spot in the lot that meets code, but if deliveries are made by semis, that spot would not work, so larger trucks would need to temporarily park somewhere to make the delivery. It was not suggested where that might be. He realized there is a concern that semis not park on Mulberry. Mike Hoefler, architect, HAF Group, informed the Council that about 90% of deliveries would be small batch deliveries from local suppliers and farmers using pick-up size trucks; the only bigger trucks would be beer trucks. He presented a graphic with three options: 1) parking on Second Street; 2) parking in the handicapped stall on Mulberry; or 3) parking on Main Street where there are five existing parking stalls. Councilmember Junker asked if any other parking mitigation plan was considered; and Mr. Hoefler answered that the other option was to use the Veterans Memorial Lot (Lots 18 and 19) which is under utilized. Community Development Director Turnblad stated that there are two parking areas underneath Stillwater Mills: one residential, and the other for the commercial properties. A condition of approval of the Stillwater Mills SUP was that after hours, the spots in the commercial parking area should be made available to the public. Right now it is not possible for the public to access that area. City staff has been talking with the commercial properties and they understand they have to correct the situation. Councilmember Weidner stated it makes no sense to try to solve the hotel's parking deficit through an operational method. The discovery about the Mills parking is a good example of why, because the City was unaware the property owner there was violating the agreement to provide public parking. Councilmember Menikheim asked what it would take to deal with the soil problem; and Dan Oberpriller, developer, CPM Companies, replied they would have to either excavate it or put in geo piers down to the bedrock. It would not be feasible for the hotel to build the ramp without any public assistance due to soil issues, as well as underground spring and water issues. Additionally, the circulation pattern of the ramp as originally proposed was confusing and there was public opposition. Page 7 of 10 City Council Meeting March 7, 2017 Councilmember Weidner suggested that the developer consider constructing a two level ramp. He noted the Council's earlier meeting with the Downtown Parking Commission about the lack of downtown parking and stated the hotel proposal adds to the problem. If the developer could build a two level ramp and help alleviate the existing parking problem, he would be in favor of it. The hotel could then have more control over its own parking, would not need valets, and would not need to send cars to remote lots at busy times. Councilmember Junker agreed that would be a cleaner arrangement rather than having to park cars all over. Mr. Oberpriller indicated that it would be an option to reconsider the ramp if the City is open to discussing the use of TIF to help build the ramp on City property. He would like to figure out a way it makes sense to everyone and make a good business decision. He pledged to be completely transparent in determining costs and working out an agreement with the City. City Attorney Magnuson pointed out that the site appears to be a candidate for a 25 -year development district. The whole project would be in the TIF district, and tax increment would flow from the value extracted from the new construction. The City would need to have engineers estimate costs to see what exactly would be eligible. Then in order to set up the district, the City's bond consultant would need to do a fiscal analysis projecting the amount of increment. The TIF district would need to be certified before July 1. Mayor Kozlowski stated he would assume the TIF would just benefit the parking, not the hotel. He would not envision giving up all of the increase in tax revenue. Mr. Magnuson summarized three more conditions that could be added to the SUP: Approval would be 1) contingent upon reaching agreement with the City on the terms of sale or lease of any City owned real estate proposed to be devoted to the project; 2) contingent upon reaching agreement with the City for the payment of costs associated with the relocation of existing utilities and ground water flow containment facilities and the easements in which they are now located; and 3) contingent upon the creation of a Redevelopment Tax Increment District for the project and agreement with the City on the extent of any Tax Increment generated by the project that will be granted to the developers for reimbursement of eligible project costs. Councilmember Junker stated he would like to add a condition that 90% of deliveries be made to the back of the hotel and that no parking spots would be designed for semis; also the goal to create at least 103 spaces on the project site. If these conditions were added, then conditions 10a, 10b, 10c, 10d could be removed and l0e would simply be Condition 10. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2017- 052, a resolution approving a Special Use Permit for a hotel and restaurant project, with 15 conditions as amended. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, Polehna Nays: None Mr. Oberpriller noted that the hotel's name will be The Crosby. Page 8of10 City Council Meeting March 7, 2017 NEW BUSINESS Possible approval of first reading of Ordinance 1092 amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax City Attorney Magnuson stated it was discovered that the lodging tax expired on January 31, 2017 rather than the end of 2017 as previously discussed. He presented a draft ordinance renewing the 3% lodging tax for a period of four years. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve first reading of Ordinance 1092, an ordinance amending Chapter 56 of the Stillwater City Code, Taxes and Assessments, Section 56-5, Local Lodging Tax. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Polehna Nays: Councilmember Weidner Possible approval of final plat for Rutherford Station 2nd Addition Community Development Director Turnblad reviewed the final plat for Rutherford Station 2nd Addition. Developer Mark Sonstegard is requesting the Council to approve: 1) the final plat for Rutherford Station Second Addition; 2) the Development Agreement Addendum for this phase; and 3) the neighborhood monument sign for the project. City staff recommends approving the final plat and neighborhood monument sign with seven conditions. The development agreement will be brought to the next meeting. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt Resolution 2017- 053, a resolution approving the final plat and neighborhood monument sign for Rutherford Station Second Addition. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner, and Polehna Nays: None CIP Projects & Funding within TIF District #6 City Administrator McCarty stated that the City received a request from the State Auditor's Office for an updated plan designating the use of TIF District #6 (Stillwater Jr. High) increment balance. He requested that the Council direct staff to update the 2018 Capital Improvement Plan to include infrastructure improvements as discussed within TIF District #6 and designate TIF District #6 increment proceeds as the funding source for the improvements. He also stated that the Council may modify the designated use of TIF District #6 increment proceeds for other eligible infrastructure maintenance items in the future. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2017-051, resolution designating use of TIF District #6 increment proceeds for costs of eligible infrastructure improvements within TIF District #6 and directing staff to include TIF District #6 improvements in the City 2018 Capital Improvement Plan. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Page 9 of 10 City Council Meeting March 7, 2017 COMMUNICATIONS/REQUESTS City Attorney Magnuson requested that the Council adopt a resolution setting in motion the process to determine if the North Main hotel development is eligible for TIF. Motion by Councilmember Weidner, seconded by Councilmember Junker, to approve Resolution 2017-054, a resolution authorizing the creation of Tax Increment Financing District #12. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Weidner, to adjourn the meeting at 8:23 p.m. All in favor. Michael Polehna, Vice Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Resolution 2017-046, directing the payment of bills Resolution 2017-047, resolution approving lease of dock space from St. Croix Boat & Packet Resolution 2017-048, resolution accepting cash donations Resolution 2017-049, approval of dock permit for St. Croix Boat & Packet Company and wharfage permit for gondola (2017) Resolution 2017-050, approving salary schedule for public works seasonal maintenance worker and civil engineering intern Resolution 2017-051, resolution designating use of TIF District #6 increment proceeds for costs of eligible infrastructure improvements within TIF District #6 and directing staff to include TIF District #6 improvements in the City 2018 Capital Improvement Plan Resolution 2017-052, a resolution approving a Special Use Permit for a hotel and restaurant project Resolution 2017-053, a resolution approving the final plat and neighborhood monument sign for Rutherford Station Second Addition Resolution 2017-054, a resolution authorizing the creation of Tax Increment Financing District #12 Page 10 of 10 EXHIBIT "A" TO RESOLUTION #2017-055 Page 1 LIST OF BILLS 1ST Line/Leewes Ventures LLC Ace Hardware Alliance for Innovation Armor Security Inc. ASCAP Aspen Mills Axel H. Ohman Inc Bernicks Bluegrass LLC Braun Intertec Corporation Calibre Press Campbell Brent Carquest Auto Parts Coca-Cola Distribution Comcast Corval Constructors Cub Foods Dakota County Technical College ECM Publishers Enterprise FM Trust Erickson Builders & Co Fastenal Company Foxit Software Inc Frontier Ag & Turf G & K Services Goodin Company Goodyear Commercial Tire Gopher State One Call Inc. Gruber's Power Equipment Hoisington Koegler Group Inc Holiday Companies Holiday Credit Office Homefront Protective Group IAPE Ice Skating Institute Indianhead Glass Inc Kellington Construction Kirvida Fire Inc. League of MN Cities League of MN Cities Ins Tr Mansfield Oil Company Marshall Electric Company McCarty John Thomas Menards MN Ice Arena Managers Beverages for concessions Supplies Annual fee Quarterly Monitoring Service Music License Uniforms & Body Armor Police Project Beverages for concessions HPC Consulting Services Police station remodel Training Reimburse for court dates Auto maint supplies Beverages for concessions Internet Equipment repair Coffee Training Publications Lease vehicles Police Project Equipment repair supplies Software Equipment repair supplies Mats Equipment repair supplies Tires Locates Chainsaw Professional services Vehicle washes Fuel Training Training Skater memberships Glass Police Project Repair charges 2017 Legislative conference Workers Comp Insurance Fuel Electrical repairs Reimburse for refreshments Supplies Conference 783.25 253.59 500.00 84.00 341.00 3,824.66 80,260.75 457.60 1,959.88 957.00 209.00 310.54 133.81 838.68 378.54 307.50 26.97 975.00 99.97 1,558.52 31,361.38 341.46 329.61 37.64 627.56 723.15 1,553.41 128.25 325.00 1,458.75 555.00 151.32 250.00 300.00 1,261.00 2,110.38 12,859.96 1,173.98 125.00 70,097.00 3,303.42 2,707.00 67.67 298.85 798.00 EXHIBIT "A" TO RESOLUTION #2017-055 Page 2 Municipal Emergency Services NAPA Auto Parts Newman Signs Oasis Cafe Office Depot OnSite Sanitation O'Reilly Auto Parts Overhead Door Company Pereboom Jesse Performance Plus LLC Phasor Electric Company Pioneer Press Progressive Microtechnology Inc RJ Mechanical Secure Benefits Systems St. Croix Boat and Packet Co. St. Croix Energy Solutions Inc Stillwater Motor Company Stillwater Towing Summit Companies SW/WC Service Cooperatives Taser International Thomson Reuters Thurnbeck Steel Fabrication Titan Machinery Shakopee Toll Gas and Welding Supply Total Parking Solutions Inc. Truck Utilities Inc. Uline Inc Uniforms Unlimited Inc Urbiha Judith Veterans Memorial Volunteer Firefighters Benefit Voyant Communications Wenck Construction Wold Architects and Engineers Zee Medical Service Career tracking & maint Filters Film Refund of Variance Office supplies Portable restroom rental Equipment repair supplies Glass door maintenance Reimburse for mileage Drug screen Police Project Subscription - Fire Equipment Equipment repair supplies Admin fee Ramp cleaning Police Station Project Service & parts Tow charge Annual Sprinkler Inspection Retiree & COBRA Insurance Equipment for new patrol vehicles Information Charges Police Project Block door lock Cylinders WebOffice CMS Monitoring Lamp 55 gallon drums Uniform supplies - Julien Reimbursements Super Valu Parking Firefighters Ins Phone Police station project Police station project First aid supplies 3,686.00 92.52 1,106.20 525.00 53.69 308.00 716.20 1,275.00 48.58 45.00 59,375.00 388.41 397.89 2,040.15 22.00 810.00 750.00 67.24 700.00 675.00 87,090.93 6,493.83 131.25 10,901.25 92.34 39.87 1,135.00 11.17 348.00 115.99 184.12 4,347.00 1,598.00 504.09 34,563.54 2,001.56 262.15 EXHIBIT "A" TO RESOLUTION #2017-055 Page 3 LIBRARY 1000 Bulbs.com Ace Hardware Advantage Computer Systems Baker and Taylor Brodart Co Cole Papers ECM Publishers G & K Services Grainger Midwest Tape NAC Mechanical and Electrical Services Petrie Angela Reliable Appliance Service Toshiba Business Solutions Lighting Supplies Hearing Loops Design Evaluation (SPLF) Materials Materials Supplies Special Meeting Posting Towels & Rugs Repair Supplies Materials Annual Alerton System Maintenance Staff Reimbursement Repair Supplies Maint Agreement 370.21 118.51 2,000.00 1,154.52 473.84 361.85 18.76 87.34 71.93 174.85 1,882.00 145.00 446.00 134.04 t!IIva ter Administration Date: March 13, 2017 TO: Mayor and City Council FROM: Diane F. Ward, City Clerk SUBJECT: Non -Exclusive Wharfage Permit - St. Croix Sailing Club Mr. John Henly, St. Croix Sailing Club has submitted a request for a non-exclusive wharfage permit to accommodate 12-15 sailboats at the Levee adjacent to South Lowell Park for June 10 & July 29, 2017. They requested and Council approved a wharfage permit in 2015 and I am not aware of any complaints or problems. There is no charge for this permit. RECOMMENDATION: Staff recommends approval of the request and issuance of the Non -Exclusive Wharfage Permit. RESOLUTION 2017-057 APPROVAL OF NON-EXCLUSIVE WHARFAGE PERMIT BETWEEN THE CITY OF STILLWATER AND JOHN HENLY, ST. CROIX SAILING CLUB BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the Non - Exclusive Wharfage Permit between the City of Stillwater and John Henly, St. Croix Sailing Club, for June 10 and July 29, 2017, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the permit. Adopted by the City Council of the City of Stillwater this 21st day of March, 2017. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk NON-EXCLUSIVE WHARFAGE PERMIT THIS PERMIT, made this 21st day of March, 2017, by and between the City of Stillwater, a Minnesota municipal corporation ("City"), and JOHN HENLY, ST. CROIX SAILING CLUB, ("Permittee"). WITNESSETH, the City, in consideration of the following covenants, does hereby allow Permittee to temporary wharfage on the St. Croix River. 1. Description of Vessels. A non-exclusive wharfage permit to accommodate 12-15 sailboats. 2. Description of Mooring Site. Levee adjacent to South Lowell Park. 3. Term. This permit will be for the following term: June 10 & July 29, 2017. 4. Cancellation. The City reserves the right to cancel this Wharfage Permit at any time after 24 hours written notice of cancellation. 5. Fee. Prior to the permit taking effect, the Permittee must pay to the City Clerk a permit fee of $0. 6. Utilities. Permittee is solely responsible for its own utility charges, including electricity, water, gas, and garbage collection. 7. Non -Exclusive. Permittee may use the premises described in common with the public and other boat users and any wharfage fee will not grant any special use or favor to the Permittee beyond the rights of the public, except as specifically granted in the permit. 8. As Is. The City makes no warranty relative to the river and the Permittee takes the same as is and assumes all risks incidental thereto. 9. Hold Harmless and Indemnity. Permittee will indemnify and hold harmless the City from any and all claims or causes of action or damage arising out of the Permittee's activities of the premises. 10. Swimming or Diving Prohibited. The Permittee will not allow any swimming or diving from any moored vessel and will post in a conspicuous place on the vessel a sign for the purpose of warning patrons that must read as follows: "NO SWIMMING OR DIVING WITHIN 100 FEET OF LEVEE." 11. Additional Requirements. The City reserves the right to impose additional restrictions upon the Permittee, if necessary, to protect the health, safety or welfare of the inhabitants of the City. IN TESTIMONY WHEREOF, both parties have hereunto set their hands and seals the day and year hereinbefore written. CITY OF STILLWATER: By Michael Polehna, Vice Mayor and Diane F. Ward, City Clerk PERMITTEE: ST. CROIX SAILING CLUB By John Henly Its STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) On this 21st day of March, 2017, before me a Notary Public, within and for said County and State, personally appeared Michael Polehna and Diane F. Ward, to me personally known to be the Vice Mayor and City Clerk of the City and that the instrument was signed by authority of the City Council. Notary Public STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON ) On this day of , 2017 before me a Notary Public, within and for said County and State, personally appeared John Henly, the , duly authorized agent of St. Croix Sailing Club. Notary Public RESOLUTION 2017-058 APPROVING LICENSE TO USE REAL PROPERTY BE IT RESOLVED, by the City Council of Stillwater, MN that License to Use Real Property between North Hill Community Garden and the City of Stillwater for the use of Staples Field Park, is hereby approved and authorizes the Vice Mayor and Acting City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 21st day of March, 2017. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk LICENSE TO USE REAL PROPERTY THIS AGREEMENT is entered into this between the City of Stillwater, as Licensor, and the North Hill Community Garden as the Licensee. WHEREAS, North Hill Community Garden wishes to utilize park property for the purposes of gardening and related recreation and WHEREAS, a Community Garden benefits all citizens of the City of Stillwater. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. GRANT OF LICENSE The City of Stillwater hereby grants to North Hill Community Garden a license to use the real property located at Staples Field Park 403 West Aspen Street Stillwater, MN 55082 Property Identification Numb er: 2803 020210014 II. LIMITATION TO DESCRIBED PURPOSE AND TERM The term of this License is 3 growing seasons beginning with 2017, and expiring on December 31st, 2019. The licensed premises shall be used by Licensee solely for the purpose of gardening and related recreation during normal City of Stillwater Park Hours and must be renewed on or before January 1st. III. TERMINATION The Licensor may terminate this agreement without cause. Any Termination must be executed by the City Council. If the Gardening Group decides to no longer maintain their space, they must immediately notify the City. Group will be responsible for restoring the garden to parkland to the satisfaction of city staff. If city staff determines that the garden is not satisfactory, the designated liaison will be given two separate warning notices. If the problem continues thereafter, the agreement will be revoked and the Gardening Group will be responsible for restoring the garden to parkland to the satisfaction of the city staff. IV. PAYMENT Licensee shall pay the City of Stillwater $1.00 per year for the use of the property. Payment shall be received 30 days after date of execution and annually thereafter. Payment shall be made to: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 V. INDEMNIFICATION The Licensee agrees to indemnity, defend, and hold harmless Licensor for any and all claims arising out of the Licensees use of the premises. The Licensor's obligation is to indemnify the Licensee and individual garden members or volunteers for activities covered under this agreement. VI. NONDISCRIMINATION During the performance of this agreement, the Licensee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed to national origin be excluded from full participation in or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. VH. RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd. 5, the Licensee agrees that the Licensor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VIII. SPECIAL REQUIREMENTS AND CONDITIONS SELECTION OF GARDENERS The North Hill Community Garden shall develop a fair and open process for gardener selection. Availability of garden plots should be widely advertised, and distribution of plots should be equitable and on a first come, first serve basis. GARDENER PARTICIPATION All gardeners shall be expected to participate in maintenance of communal ar e a s of the garden. COMMUNITY INVOLVEMENT The North Hill Community Garden is encouraged to engage with the neighborhood and/or wider community through events or projects such as open houses, garden tours, food shelf donations, etc. GARDEN BORDERS AND STRUCTURES The garden boundaries must remain as submitted on the original design plans. Any proposed expansion must be reviewed and approved by City Staff. Any structures including raised beds, bulletin boards, and gazeboes must comply with city building code and be approved by City Staff. GARDEN/PLOT MAINTENANCE North Hill Community Garden is entirely responsible for the maintenance of the Community Garden. Keep in mind that the space allocated is on public land and must always be actively maintained. North Hill Community Garden should provide the City Staff with a schedule of spring prepping and fall winterizing dates. Pathways and areas between Garden Beds must be mowed or mulched and maintained by the group. The City will not do any maintenance within the Community Garden itself. WATER The water supply is to be used by gardeners caring for their assigned areas. Use for any non -garden related activities is prohibited. COMPOSTING Only garden matter generated on site may be composted on site unless a certified composting plan is in place and garden club members monitor composting activities. Composting must comply with back yard composting guidelines as published by the Minnesota Pollution Control Agency. CLEAN-UP ACTIVITIES North Hill Community Garden will be expected to organize a spring work day to prepare the garden, and fall cleanup day to clean the site for winter. NEW MEMBERS North Hill Community Garden shall inform new members of the Community Garden rules and regulations, stressing the importance of ongoing maintenance. North Hill Community Garden must follow a transparent membership process open to all. As a public agency, City of Stillwater policy requires inclusiveness; anyone interested in joining North Hill Community Garden is to be fairly considered. FUNDRAISING North Hill Community Garden may organize fundraising events to finance needs of the Community Garden such as a compost bin, water hoses, plants, etc. YEARLY MEETING BETWEEN NORTH HILL COMMUNITY GARDEN AND THE PARKS AND RECREATION COMMISSION North Hill Community Garden shall hold an annual meeting with The Parks and Recreation Commission to: • Review Community Garden records. • Discuss the past year's budget. • Plan upcoming improvements. • Discuss Community Involvement in the Garden. PROHIBITED ACTIVITIES • Littering, dumping, alcohol consumption and other unlawful activities. • Amplified sound • Pets are not allowed in the garden. • Ball playing or other forms of active recreation. • Fire pits or bonfires. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. City of Stillwater North Hill Community Garden BY: Michael Polehna, Vice Mayor DATE: ATTEST: Diane F. Ward, City Clerk BY: TITLE: DATE: STAFF REQUEST ITEM Department: Fire Date: March 13, 2017 DESCRIPTION OF REQUEST (Briefly outline what the request is) Council approval for Fire Chief to renew a two (2) year professional services agreement with Regions Hospital Emergency Medical Services to provide continuing EMS education for Fire Department personnel. Regions EMS is the medical direction for SFD staff and all Department personnel are required to maintain a minimum level of EMS continuing education per year to remain certified. This agreement assures personnel are meeting the minimum State certification requirements. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) The cost per year for the agreement is $1,300.00 and is outlined on page three of the attached contract. The Department includes annual professional services contract costs in the line item operations budget and has the funds to pay for this service. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Stuart W. Glaser, Fire Chief Date: March 13, 2017 RESOLUTION 2017-059 APPROVAL OF CONTINUING MEDICAL EDUCATION AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES AND STILLWATER FIRE DEPARTMENT BE IT RESOLVED, by the City Council of Stillwater, MN that the agreement between the Regions Hospital and City of Stillwater Fire Department for continuing medical education, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Vice Mayor to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 21St day of March, 2017. Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, City Clerk CONTINUING MEDICAL EDUCATION AGREEMENT BETWEEN REGIONS HOSPITAL, THROUGH REGIONS HOSPITAL EMERGENCY MEDICAL SERVICES AND STILLWATER FIRE DEPARTMENT THIS CONTINUING MEDICAL EDUCATION AGREEMENT ("Agreement"), effective April 1, 2017 ("Effective Date"), is between the Regions Hospital, ("Regions"), through its Regions Emergency Medical Services Program ("Regions EMS"), and Stillwater Fire Department (the "Agency"). Regions and Agency, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1 - Services 1.1 CME Training. Regions EMS will provide the following Continuing Medical Education ("CME") training to Agency providers ("Students"): a. Basic Life Support ("BLS") CME to cover twenty-four (24) hours of the two- year education requirement for Emergency Medical Technician to satisfy the Minnesota State re -certification requirements. b. Conduct skills testing as part of the CME training c. Provide multiple CME training sessions within a Contract Quarter (as defined below) for Students to have more than one option for attending. For purposes of this Agreement "Contract Quarter" means each three-month period of the term of this Agreement beginning on the Effective Date. d. BLS CME that challenges Students, and uses reasonable efforts to ensure diversity with respect to instructors and resources 1.2 Scheduling. Regions EMS will provide unique CME in the areas noted above on a quarterly basis (i.e., four (4) Contract Quarters per year) following the academic calendar for Minnesota State registration purposes. The CME cycle begins April of each year. A session will be 3.0 hours in length. 1.3 Number of Trainees. Each CME training session will be open to a maximum of twenty-four (24) Students, unless otherwise agreed to by the parties. Agency will provide Regions EMS with a roster of expected Students to allow Regions EMS to coordinate the attendance of providers from other services. 1.4 Attendance Reports. Regions EMS will provide accurate reports of Students attendance at the training sessions for re -certification. 1.5 Training Site. Except as otherwise specified in Paragraph 1.2 of this Agreement, training will be held at Stillwater Fire Department 250 Maryknoll Drive North, Stillwater, MN 55082 (the "Facility"). The Facility will accommodate up to twenty-four (24) Students, and contain seating that is conducive to lecture, and two separate spaces that accommodate up to twelve (12) Students, (1) Instructor, and training equipment. 1.6 Equipment. Regions EMS will provide all reasonably necessary equipment for the CME training sessions, including AV, manikin, etc., unless such equipment is otherwise provided by Agency. 1.7 Evaluation and Tracking. Regions EMS will be responsible for educational evaluation, tracking, and reporting to Agency. Regions EMS will provide feedback to Agency on the status of attendance prior to the last CME session of each Contract Quarter. 1.8 Agency Contact. Agency designates Tom Ball is, Deputy Fire Chief as the primary Agency contact related to the CME training activities contemplated in this Agreement ("Agency CME Coordinator"). The Agency CME Coordinator will be responsible for pre -registration of the Students for BLS CME and communication with Regions EMS regarding attendance status, pre -registration at other training sites, and recertification reports. 1.9 Regions EMS Contact. Regions EMS designates Lauren Halvorsen, Education Assistant, as its primary contact for CME scheduling, pre -registration, tracking issues, and recertification administrative paperwork ("Regions EMS Contact"). The Regions EMS Contact can be reached by calling 651-254-7786 or via email at EMSEducation@HealthPartners.com. 1.10 Specific Medical Direction or Consultation Requirements. Regions is not required to provide medical direction or consultation services under this Agreement. Medical direction and/or medical consultation services will be provided under a separate agreement. SECTION 2 - Compensation 2.1 Fee. In consideration for the services provided under this Agreement, Agency will pay Regions $100.0() (the "Fee") per Student each year during the term of this Agreement. The Fee may be prorated on a quarterly basis. 2.2 Student Count. Agency's final Student roster count will be determined upon the execution of this Agreement. The Agency's roster may be increased during the term of this Agreement as a result of new hire with the Agency. The Agency's roster may be decreased during the term of this Agreement as a result of change of employment status with the Agency. The Agency will be responsible for communicating roster changes directly to Regions EMS. Fees will not change during the term of the Agreement as a result of roster changes. 2 It is agreed that Agency has 14 Students and will pay Regions $ 1400 per Contract Year (as defined below). 2.3 Credit. If Agency is currently a party to a medical direction or medical consultation agreement with Regions EMS, and wishes to continue this Agreement, a teaching credit (prorated quarterly), will be applied against the Fee. 2.4 Payment Schedule. The billing cycle is as follows (check applicable billing cycle): n Thirty days prior to start of each Contract Quarterly VI Thirty days prior to start of each Contract Year (as defined below) n Upon execution of this Agreement for the entire term of the Agreement Regions EMS will invoice Agency and Agency will pay Regions based on the billing cycle selected above. 2.5 No Referrals for Compensation. The parties agree that the Fee has been determined in arms length bargaining, and is consistent with fair market value in arms -length transactions. Furthermore, the Fee is not, has not been, and will not be, determined in a manner that takes into account the volume or value of any referrals or business otherwise generated for or with respect to Regions or between the parties for which payment may be made, in whole or in part under Medicare or any state health care program or under any other payor program. SECTION 3 — Term and Termination 3.1 Term. This Agreement will commence on the Effective Date and will remain in effect for twenty-four (24) months ("Initial Term"). Thereafter, Regions EMS will initiate renewal of this Agreement for successive twenty-four (24) month periods unless either party provides the other written notice of non -renewal at least thirty (30) days prior to the end of the then current Contract Year. For purposes of this Agreement, the term "Contract Year" will mean each twelve (12) month period of the term of this Agreement beginning on the Effective Date. 3.2 Termination without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Notwithstanding the foregoing, any termination of this Agreement pursuant to this Section will be effective only at the end of the then current Contract Quarter. Further, no termination pursuant to this Section may be effective prior to the end of the first Contract Year of this Agreement. 3 3.3 Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time; however, no termination pursuant to this section may be effective prior to the end of the first Contract Year of this Agreement. SECTION 4 - Miscellaneous Provisions 4.1 Students Not Employees. Neither the Students nor the Agency staff are employees or agents of Regions for any purpose. None of the Students or Agency staff who participate in the CME training pursuant to this Agreement are entitled to remuneration or any other benefits, which may have accrued, or be available to any employee of Regions. 4.2 Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any prior agreements between the parties and any of their respective affiliates or related companies related to the subject matter herein. This Agreement may not be changed, added to, amended, or modified except by a subsequent written instrument signed by an authorized representative of each of the parties hereto. 4.3 Governing Law. This Agreement will be governed, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions. 4.4 Notices. Any and all notices, requests, demands or other communications required or permitted to be given by this Agreement or any agreements referred to herein or entered into pursuant hereto, or by any rule or law, of any kind ("Notices") will be given in writing and will be deemed to have been given if and when personally delivered, sent by first class prepaid mail, by telegram, or by facsimile, and actually received. Notices will be sent/delivered to the party at the address set forth below or to such other address and to such other person as such party will notify the other Party: To Regions Hospital Emergency Medical Services 640 Jackson Street #13801B St. Paul, MN 55101 — 2595 Attn: Education Manager To Agency 4 Stillwater Fire Department City Hall 216 N. 4th Street Stillwater, MN 55082 Attn: Stuart Glaser, Fire Chief IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below. REGIONS HOSPITAL AGENCY By: By: Michael Polehna Its: Its: Vice Mayor Date: Date: March 21, 2017 5 iliwater Administration To: Mayor & City Council From: Diane Ward, City Clerk Date: March 13, 2017 Re: Renewal of Consumption & Display Permit - The Loft at Studio J A renewal application of the Consumption & Display Permit liquor license from The Loft at Studio J LLC., dba: The Loft at Studio J, has been received, including all required paperwork and fees. ACTION REQUIRED: If Council desires to approve the renewal of the Consumption & Display Permit, they should pass a motion to adopt Resolution entitled "Approval of the Renewal of Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J." RESOLUTION 2017-060 APPROVAL OF RENEWAL OF THE CONSUMPTION & DISPLAY PERMIT (LIQUOR) FOR THE LOFT AT STUDIO J LLC; DBA: THE LOFT AT STUDIO J WHEREAS, a renewal application has been received for a Consumption & Display Permit (Liquor) for The Loft at Studio J LLC; DBA: The Loft at Studio J located in the loft of 214 Main Street S, Stillwater, MN; and WHEREAS, all required forms have been submitted and fees paid. NOW THEREFORE, BE IF RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewal of the Consumption and Display Permit (Liquor). Adopted by Stillwater City Council this 21st day of March, 2017. Michael Polehna, Vice Mayor Attest: Diane F. Ward, City Clerk fii later i H F B I R T H P L A L E B F M I H H k s a f A REPORT DATE: MEETING DATE: APPLICANT: LANDOWNER: REQUEST: LOCATION: REVIEWERS: PREPARED BY: March 14, 2017 CASE NO.: 2017-01 March 21, 2017 Mark Sonstegard, VP Land Development, CalAtlantic CalAtlantic Group, Inc Approval of Development Agreement Addendum for Rutherford Station Second Add SE Quadrant of Manning Ave and McKusick Rd Shawn Sanders, Public Works Director Dave Magnuson, City Attorney Bill Turnblad, Community Development Director BACKGROUND On March 7 the City Council approved the final plat for Rutherford Station 2nd Addition. The Addendum to the Development Agreement for the project was not quite ready for approval then, so it will be before the Council on March 21st for approval. Public improvements for the 25 lots include street, sidewalk, trail, stormwater, sanitary sewer and municipal water. All are consistent with the approved preliminary plat. SPECIFIC REQUEST Approval of the Development Agreement Addendum. Rutherford Station 2°a Add Development Agreement Addendum Page 2 RECOMMENDATION City staff recommends adopting the attached resolution approving the Development Agreement Addendum with the following conditions: 1. The engineering plans for Rutherford Station Second Addition must be found acceptable to the City Engineer prior to release of the final plat from the City for recording with Washington County. 2. The Development Agreement Addendum must be executed by the developer prior to release of the final plat from the City for recording with Washington County. 3. The developer is responsible for acquiring any necessary additional permits from Brown's Creek Watershed District. 4. The developer is responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs as detailed in the Development Agreement and its Addendum. These fees will be due prior to release of the final plat from the City for recording with Washington County. 5. The developer is responsible for paying the Trout Stream Mitigation Fee of $5,912 per acre; Transportation Adequacy/Mitigation Fee of $7,687 per acre; and trunk sewer and water fees of a total of $10,608 per acre. The Transportation Adequacy/Mitigation fee may be reduced by crediting Marylane Avenue improvement construction costs as detailed in the Development Agreement and Addendum. All of these fees will be due prior to release of the final plat from the City for recording with Washington County. 6. Amended Home Owner's Association documents for the second addition must be submitted to the City and found acceptable prior to release of the final plat from the City for filing with Washington County. Responsibilities of the Home Owner's Association must include stormwater facilities maintenance and neighborhood monument sign and landscaping maintenance. 7. The neighborhood monument sign easement must be filed on Lot 9, Block 2, Rutherford Station. cc Mark Sonstegard Attachments: Addendum Resolution Execution Draft: March 21, 2017 ADDENDUM NO. 1 TO DEVELOPMENT AGREEMENT RELATING TO RUTHERFORD STATION SECOND ADDITION BY AND BETWEEN CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA AND CALATLANTIC GROUP, INC. A Delaware Corporation This Instrument Drafted By: David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite 260 Stillwater, MN 55082 651-439-9464 telephone 651-439-5641 fax ADDENDUM NO. 1 TO DEVELOPMENT AGREEMENT FOR RUTHERFORD STATION Originally Dated May 25, 2016 This Addendum No. 1 is agreed to this 21st day of March, 2017 by the City of Stillwater, a political subdivision of the State of Minnesota ("City") and CalAtlantic Group, Inc. and/or it's assignees (the "Developer"); 1. INTRODUCTION. The City and the Developer executed a Development Agreement on the 25th of May, 2016, for Rutherford Station Development whereby the approvals were given by the City for the entire Development and construction authorized for Rutherford Station First Addition. It is the purpose of the Addendum to approve Rutherford Station Second Addition and authorize the installation of public utilities needed to serve the Second Addition. 2. SAVING. The original Development Agreement of May 25, 2016, will remain in effect except as modified by this Agreement. 3. ENGINEERS APPROVAL. Plans and Specifications for utilities and road construction for the Second Addition are subject to the approval of the City Engineer according to Section 1.03 of the original Development Agreement. 4. SECURITY. The Developers must provide security for the timely and satisfactory installation of the public improvements as defined in Section 4.04 of the Development Agreement in the amount of ($342,378.13). 5. CONDITIONS OF APPROVAL. 5.1 Dedication. All roadways, drainage and utility, conservation associated with the Second Addition must be dedicated either by the Plat of the Second Addition or by separate document in a form approved by the City Attorney and filed contemporaneously with the Plat. 5.2 Payment of Charges and Fees. Prior to the City signing the Final Plat of the Second Addition, Developer must pay the following charges and fees before the City release of the Final Plat for recording with Washington County. The Second Addition consists of 7.06 acres of area. A. Trunk Charges: AUAR Trout Stream Mitigation Charge $5,912.00 per acre or $41,738.72 *Transportation $8,120.00 per acre or $57,327.20 Adequacy Fund *Trunk Sanitary $10,698 per acre or Sewer and Water Main Charges * cost before credit $75,527.88 $174,593.80 B. Credits. Transportation Fund costs will be reduced by crediting the Developer $11,232.50 for the extra costs associated with the construction of the East Half of Marylane. C. Park and Trail In Lieu Charge. The Developer must pay to the City the sum of $50,000.00 (@$2K/lot) as a payment in lieu of park dedication and the sum of $12,500.00 (@$500/lot) for the City Trail System charge, for a total of $62,500 for the Second Addition. 5.3 Disruption of Improvements. All streets in the First Addition and nearby areas affected or damaged by construction of the improvements must be improved or repaired according to the direction of the City Engineer and according to the understanding previously reached with the City Engineer during the plat approval process. 5.4 Engineer's Comments. The City Engineer's final written comments and recommendations are incorporated herein as if set forth verbatim. 5.5 Conditions of Approval. All conditions of approval on plat approval, including conditions added on for the Second Addition on March 7, 2017 are incorporated herein as if set forth verbatim. 5.6 Wear Course. Prior to the Placement of the wear course, the City will plow the streets within the First and Second Addition. The Developer waives any liability and holds the City harmless for damage to the streets or curbs, that might be caused by this activity. 5.7 Sweeping. Developers agree to sweep improved streets within the Development on at least a weekly basis during April through October until eighty percent (80%) of the lots within the Development are built upon, unless less sweeping is approved by the City Engineer. -2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 21st day of March, 2017. CITY OF STILLWATER DEVELOPER: CALATLANTIC GROUP, INC. Ted Kozlowski, Mayor a Delaware corporation ATTEST: Diane F. Ward, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) By Its: On this day of , 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of 2017, by , the , duly authorized agent for Calatlantic Group, Inc., a Delaware corporation, the Developer. Notary Public -3 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON On this day of , 2017, before me, a Notary Public within and for said County, appeared Ted Kozlowski, and Diane Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Notary Public The foregoing instrument was acknowledged before me this day of 2017, by , the authorized agent for Calatlantic Group, Inc., a Delaware corporation, the Developer. Notary Public 4 duly CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT ADDENDUM FOR RUTHERFORD STATION SECOND ADDTION CASE NO. 2017-01 WHEREAS, CalAtlantic Group, Inc made application for approval of the final plat for RUTHERFORD STATION SECOND ADDITION; and WHEREAS, on June 11, 2014 the Stillwater Planning Commission held a public hearing and recommended approval of the preliminary plat; and WHEREAS, on July 1, 2014 the Stillwater City Council held a public hearing on the preliminary plat; and WHEREAS, on March 7, 2017 the Stillwater City Council reviewed the final plat and final plans for RUTHERFORD STATION SECOND ADDITION and found them to be consistent with the preliminary plat and plans and therefore approved them. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the Development Agreement Addendum for RUTHERFORD STATION SECOND ADDTION with the following conditions: 1. The engineering plans for Rutherford Station Second Addition must be found acceptable to the City Engineer prior to release of the final plat from the City for recording with Washington County. 2. The Development Agreement Addendum must be executed by the developer prior to release of the final plat from the City for recording with Washington County. 3. The developer is responsible for acquiring any necessary additional permits from Brown's Creek Watershed District. 4. The developer is responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs as detailed in the Development Agreement and its Addendum. These fees will be due prior to release of the final plat from the City for recording with Washington County. 5. The developer is responsible for paying the Trout Stream Mitigation Fee of $5,912 per acre; Transportation Adequacy/Mitigation Fee of $7,687 per acre; and trunk sewer and water fees of a total of $10,608 per acre. The Transportation Adequacy/Mitigation fee may be reduced by crediting Marylane Avenue improvement construction costs as detailed in the Development Agreement and Addendum. All of these fees will be due prior Resolution No. Rutherford Station 2nd Addition Page 2 of 2 to release of the final plat from the City for recording with Washington County. 6. Amended Home Owner's Association documents for the second addition must be submitted to the City and found acceptable prior to release of the final plat from the City for filing with Washington County. Responsibilities of the Home Owner's Association must include stormwater facilities maintenance and neighborhood monument sign and landscaping maintenance. 7. The neighborhood monument sign easement must be filed on Lot 9, Block 2, Rutherford Station. Enacted by the City Council of the City of Stillwater, Minnesota this 21 ST day of March, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2017-062 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION DIRECTING A CHANGE IN TAX DISTRICT CODE WHEREAS, a request was made by the Property Records and Taxpayer Services Division of Washington County, to change the taxing district code of a parcel in order that Washington County officials be allowed to merge a parcel number associated with an easement with a parcel number associated with the burdened parcel; and. WHEREAS, the taxing district code change would have no effect on the distribution of taxes since the parcel is owned by the City for park purposes, subject to an easement in favor of Washington County for road purposes and is therefore tax exempt and neither the burdened parcel nor the easement parcel generates real estate tax; and WHEREAS, the change in district code would allow Washington County to merge parcel number 19.030.20.41.0008 with parcel number 19.030.20.41.0005 and therefore improve parcel maintenance in the taxation system. NOW THEREFORE BE IT RESOLVED that parcel number 19.030.20.41.0005 is hereby changed from Taxing District Code 7608 to Taxing District Code 7603, and the City Clerk is directed to file a Certified Copy of the Resolution with the Property Records and Taxpayers Services of Washington County. Enacted by vote of the Stillwater City Council this 21st day of March, 2017. CITY OF STILLWATER Michael Polehna, Vice Mayor ATTEST: Diane F. Ward, Clerk 12770 13 12850 0014 64 19.030.20.41.0013 19.030.20.41.0008 19.030 20.41.0012 19.030 20.41.0005 BROWNS CREEK PARK 1.10 fMCHIISICH RD N 19.030.20.41.0007 19.030.20.41.0001 Account Detail Page 1 of 1 Washington County [Washington County Parcel Information Last Update 19.030.20.41.0008 Active 2/9/2017 12:51:10 AM Parcel Number Status Current Owner: WASHINGTON COUNTY 11660 MYERON RD N STILLWATER, MN 55082 Taxing District 7608 STILLWATER P4-834- BCWS Property Address: 0 Tax Description Section 19 Township 030 Range Select a Tax Year for Payment History and Tax Detail Information. Tax Bill Totals Tax Yea! Net Tax Total Penalty/Fees interest Amount Paid Due $0.00 $0.00 $0.00 $0.00 $0.00 2016 2015 2014 2013 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.001 Washington County Department of Property Records and Taxpayer Services 14949 62nd Street North Stillwater, MN 55082 Information & Links APPRAISAL & VALUE INFORMATION with GIS MAP IS YOUR PROPERTY ABSTRACT OR TORRENS? TAX PAYMENT OPTIONS PROPOSED 2017 — TAX 2016 TAX STATEMENT 1' 2015 TAX STATEMENT 12014 TAX STATEMENT 2013 TAX STATEMENT BACK OF TAX STATEMENT WITH LATE PAYMENT PENALTY SCHEDULE "l"�, 2016 VALUATION NOTICE BACK OF VALUATION NOTICE WITH APPEAL INFORMATION MINNESOTA REVENUE PROPERTY TAX REFUND Pay Your Property Tax by Credit Card or eCheck No payment due for this account. Cart: $0.00 Online Payment Feesl Convenience Fees are charged for online property tax payments. eCheck fee is $0.75 per transaction. Be sure to use the 9 digit bank routing number from your checking account, not the internal bank number from a savings or deposit slip. Pay multiple parcels in one transaction with the payment cart. Credit Card fee is 2.39% of amount paid. Discover, MasterCard and Visa are accepted. American Express is no longer accepted. Fees are paid directly to a payment services provider to cover the costs of the online payment services and charges from the credit card companies. A $30 fee will be charged for non - sufficient fund payments. Payment information collected by our online services provider, or its' affiliates, is private and governed by the service providers privacy statement. The Information provided on this website Is updated each workday at 7:15 AM, CST. Washington County makes every effort to produce and publish the most current and accurate Information possible. No warranties, expressed or Implied, are provided for the data herein, Its use, or its interpretation If you have any questions, please contact us at (651)430-6175 or Taxes@co.washington.mn.us This site is best viewed using Google Chrome, Internet Explorer 11, Mozilla Firefox or Safari. https://mn-washington.manatron.com/Tabs/TaxSearch/AccountDetail. aspx?p=19.030.20.41.... 2/9/2017 AUMENTUM - Tax Detail - Tax Information Page 1 of 1 :i14/N'C7III 1g4UT 1tlj AUMENTUM" ABSTRACT -0 PIN: 19.030.20.41.0005 AIN: Status: Active TAG; 7603 STILLWATER Current owner: CITY OF STILLWATER t1-834-8CWS TIF: County: 82 -Washington Geocode: 1903020410005 Case: Rev acct: 0000077475 Pmt pin: Tax sale: ACH pin: Ownership OWNER type: Situs address: Description: PT Wi/2-NE /4-SEi/4 LYING(...) Class: 1 - Real Property Roll type: Real Property Year/Bill 2017-50072696-E C0-1 Bill type: Original Estimated Bill dates. October 17, 2016 Amount: Paid date; Receipt: Sequence no: 0 Paid by; Decal no: *Metro Truth In Taxation* V Owner of record: Print 1 Bill Detail CITY HALL CITY OF STILLWATER 216 4Th ST N PO BOX 242 STILLWATER MN 55082-0242 Communication: Description: PT W1/2-NE1/4-SE1/4 LYING N OF NLY WW OF BN RR CO & LYING ELY OF F... Charge Summary Gross Tax Credits Net Tax Tax Savings 0.00 0.00 0.00 0.00 Detail Total Credits/Savings-!, 0.00 Total Due 2/10/2017 https://mn-washington.thomsonreuters.com/MN-Washington-Prod/WebUI/InfoCenter/Rev... 2/10/2017 AUMENTUM - Tax Detail - Tax Information Page 1 of 1 .r 2 SIVOMUT O% AUMENTUM iABSTRACT-0 PIN: 19.030,20,41.0008 TAG; 7608 STILLWATER Current owner: WASHINGTON COUNTY P4-834-BCWS AIN: TIF: awn type OWNER Status; Active County: 82 -Washington Situs address: Geocode: 1903020410008 Case: Rev acct: 0000077476 Pmt pin: Tax sale: ACH pin: Year/Bill 2017-50072678-E V Bill type: Original Estimated Bill dates: October 17, 2016 Amount: Paid date: Receipt: Sequence no: 0 Paid by: Decal no: Description. PARCEL 9 WACO HWY R!W PLP Class: 1 - Real Property Roll type: Real Property *Metro Truth in Taxation* V Owner of record: Print I Bill Detail ATTN PUBLIC WORKS DIRECTOR WASHINGTON COUNTY 11660 MYERON RD N STILLWATER MN 55082 Communication: Description: PARCEL 9 WACO HWY R/W PLAT 84 SAID PARCEL BEING WITHIN NE1/4-SE1/4 ... Charge Summary Detail Gross Tax Credits Net Tax Tax Savings Total Credits/Savings! 0.00 0.00 0.00 0.00 0.001 aTotal Due 2/10/2017 https://mn-washington.thomsonreuters. com/MN-Washington-Prod/ WebUI/InfoCenter/Rev... 2/10/2017 ■ Diane Ward From: Bogdan Filipescu <Bogdan.Filipescu@co.washington.mn.us> Sent: Thursday, February 09, 2017 11:38 AM To: Diane Ward Cc: Patricia VanLue; Lila Eltawely Subject: Taxing districts 7603 and 7608 Attachments: map for Stillwater.doc Potentially dangerous attachments were identified and removed from this message. Hi Diane, Taxation parcel 19.030.20.41.0005 is in the name of the City of Stillwater and has the taxing district code of 7603. Taxation parcel 19.030.20.41.0008, which was created in error in 1993, is in the name of Washington County and has the taxing district code of 7608. In 1993 Washington County only acquired an easement (not a fee taking) over Parcel 9, R/W plat No. 84 per document 761824. The City of Stillwater owns the property per document 867566. The legal description on document 867566 covers both 19.030.20.41.0005. and 19.030.20.41.0008. Our department wants to correct this historical error by merging parcels 19.030.20.41.0005 and 19.030.20.41.0008, but we cannot do it as long the parcels are in different taxing districts. Is it possible for the City of Stillwater to agree on changing one of the taxing districts into the other one so we can combine these two parcels? I've attached several files, hope you can access them. Thank you very much for your help and please let me know if you need additional information. Bogdan Filipescu Bogdan Filipescu Property Records and Taxpayer Services Washington County 651-430-6197 Bogdan.Filipescu@co.washington.mn.us 1 RESOLUTION 2017-063 RESOLUTION SUPPORTING APPLICATION FOR A MINNESOTA DEPARTMENT OF NATURAL RESOUCES GRANT FOR THE LOCAL TRAIL CONNECTIONS PROGRAM WHEREAS, City of Stillwater supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct a paved trail located within Stillwater to connect St. Croix River Crossing Project Loop Trail to the City Trail along the St. Croix River that connect to the Browns Creek State Trail. This connection is approximately 530 feet. WHEREAS, The City of Stillwater recognizes that it has secured $3675 in non - state cash matching funds for this project. NOW, THEREFORE, BE IT RESOLVED, if the City of Stillwater is awarded a grant by the Minnesota Department of Natural resources, the City of Stillwater agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Stillwater will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council if the City of Stillwater names the fiscal agent for the City of Stillwater for this project as Shawn Sanders Director of Public Works City of Stillwater 216 N. 4th St Stillwater, MN 55082 BE IT FURTHER RESOLVED, the City of Stillwater hereby assures the trail will be maintained for a period of no less than 20 years. Adopted by the City Council this 21' day of March 2017. Michael Polehna, Vice Mayor Attest: Diane F. Ward, City Clerk U 1 I MINNESOTA PLANNING REPORT TO: Mayor & Council members CASE NO.: 2017-2 DATE: March 15, 2017 HEARING: March 21, 2017 APPLICANT: Chris Goetzke, Owner REQUEST: Appeal Heritage Preservation Commission denial of Design Permit for arch sign on patio of The Tilted Tiki PREPARED BY: Amy Lucas, Planning Consultant Bill Turnblad, Community Development Director REQUEST The applicant is requesting an after the fact Design Permit to allow the installed signage on the current patio gate at 324 Main Street South to remain in place. The sign is painted aluminum that reads "The Tilted Tiki" and measures approximately 10' by 2'. The sign also includes a decorative feature depicting a man and a palm tree. 324 Main Street, before Tilted Tiki Current arch sign. APPLICABLE REGULATIONS AND GUIDELINES The sign is consistent with the adopted zoning code provisions. A multi -tenant sign plan exists for the structure and was adopted Oct. 2016. Municipal Code Section 31-209, Design permit states: ■ The Standards for Review , Sec. 31-5090 indicates the HPC shall utilize the following standards: o Outdoor advertising: The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. o Special design guidelines for areas or districts of the city officially adopted by the city council. The Downtown Design Manual indicates the following (abbreviated) guidelines: • Signage should be located in such a way as to not obscure any architectural features. • Use painted wood where practicable. • Choose tones with sufficient contrast to be clearly legible: dark on light or light on dark. • Multiple -tenant buildings should submit a Sign Package that includes building elevations (drawn to scale), sign types, locations and sizes. Do not put up signs piecemeal. View the building as a whole and plan a unified design strategy to take advantage of all possible sign locations. • Tenants and owners should use a common lettering style and color scheme on the building. • Design the Sign Package to emphasize the whole width and geometry of storefronts and individual buildings. Avoid the use of unified signage across multiple buildings that are obviously separate and of different and distinct scale or architecture. • Consider giving the entire building an identifiable name, i.e. "Stillwater Mercantile", with individual business signs near the entrances, or on a common directory. • The commercial structures of this time period did not use a wide range of paint colors. The palette was particularly narrow; dark green, dark brown and black were common. Signs were painted for contrast rather than for color -black letters on a white background, gold letters on a black background. Complete ranges of paint color are available today, ranging from the jarring to the pastel. If they are used indiscriminately, the unique historic character of Stillwater will be destroyed. 324 Main Street South Case No. HPC 2017-2 Page 2 of 4 The adopted Multi -Tenant Sign Plan for 324 Main Street South (The Grand Garage) allows: • The tenant at this location (Suite 2/3/4) is allowed a 42 square foot wall sign facing Main Street and an arched sign leading to the unit's attached patio. ANALYSIS AND FINDINGS The previous two signs on the patio gate read "Lion's Main" and "Reve". The lettering style and coloring of both matched the current neighboring gated sign, which reads "Grand Garage." These gated signs were gold, cut-out letters attached to a black, aluminum bracket with a center scroll. The intent of the approved sign plan approved matching replacement signage at the gated sign, which should fit within the sign bracket. The proposed "Tilted Tiki" sign sits outside the gated sign brackets and covers the center decorative scroll; type set style does not match the gold letters of the neighboring sign. This sign diminishes the "unified design strategy" proposed for multi -tenant sign plans. The sign is not consistent with the Downtown Design Review Manual or the adopted Multi -Tenant sign plan for color, lettering or installation and was installed prior to HPC and City approval. ALTERNATIVES The City Council has several alternatives related to this request A. Approve. If the Council allows the installed sign to stay and approves Case No. 2017-2, staff recommends the following conditions for approval: a. If the business changes or business name changes, the next business sign shall match the appearance of the current "Grand Garage" gate sign in materials, type set style, color and design. b. The sign shall obtain a sign permit. c. Due to the inconsistency with the approved multi -tenant sign plan for the property, the applicant may not be allowed an additional wall sign. If the inconsistent gate sign is removed, applicant may be allowed to submit Design Permit applications for signage that follows the adopted multi - tenant sign plan. B. Deny. If the Council finds that the proposal is not consistent with the Design Permit standards, or the multiple tenant sign plan for the property, or the downtown design review district guidelines, then the Council could deny the request. With a denial, the basis of the action is required to be given. C. Table. If the Council needs additional information to make a decision, the Design Permit request could be tabled. 324 Main Street South Case No. HPC 2017-2 Page 3 of 4 STAFF RECOMMENDATION Staff recommends that whether the Council approves the request or denies it, that the decision be conceptual and a straw vote cast. Staff will then prepare the appropriate document to memorialize the decision and place it on the April 4, 2017 Council meeting agenda. bt attachment: Appeal letter 324 Main Street South Case No. HPC 2017-2 Page 4 of 4 Erik Olson -Williams From: Chris Goetzke <info@thetiltedtiki.com> Sent: Monday, February 27, 2017 4:08 PM To: Erik Olson -Williams Subject: appeal Hi Erik, Here is my appeal description: The Tilted Tiki is appealing the decision to decline accepting the current logo sign on the gate archway entry to outside patio. The HPC declined it based on that it doesn't match the Grand Garage gate archway above the walkway to the entrance to the building. The Grand Garage is a separate entity/company and has their own identity. The Tilted Tiki sign is it's brand identity logo, with it's own logo text font and image. Asking us not to use it and to match the Grand Garage style and color and font is asking us to give up our brand identity that we would like visible from the sidewalk and street. We also recognize the archway was not part of the original historic building, but was later added. The Tilted Tiki didn't want to install a sign above the building entry by drilling additional holes into the brick work. There are many old holes there and adding more would seem to us to diminish the look of the building more. There are many other logo signs on buildings on main street. Bright colors, blinking lights, etc. We propose leaving our current sign, with our logo, and not adding another sign to the historic building. We need to be visible from outside and would prefer to use our brand identity logo and not be forced to change it. We would like to leave the actual historic building clean of any additional signage. Thanks for adding this Erik. Chris. Chris Goetzke 651-247-1815 www.thetiltedtiki.com iacebook.com/t heti l tedti ki U ODA woe El*weal owe( 1111.IOW Inir �. s NIP -4145 AM ram igir wasp -a ere umor� NNW_ ws it -ow d s e op ENO Mei Mal tee` MEW IMO UMW 1.1 WHOP ENO isirr - lam - EMS MMI 0- MON IMO gralilla1011~ in= y Imo aliimi INN a+eti MEM disso SSI ea- win&war sn MEMORANDUM TO: Mayor and City Council FROM: Shawn Sanders, Director of Public Works DATE: March 16, 2017 SUBJECT: 2017 Street Improvement Project Project 2017-02 DISCUSSION The public hearing for the 2017 Street Improvement Project is scheduled for Tuesday, March 21st at 7:00 pm. Attached is a copy of the feasibility report, the public hearing notice sent to the affected property owners and a copy of the preliminary assessment roll. RECOMMENDATION It is recommended that Council hold the required public hearing. If desired, Council should pass a resolution ordering the improvement and directing the engineer to prepare plans and specifications. It should be noted that the resolution to order the improvement requires a 4/5tns majority vote. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting RESOLUTION 2017- ORDERING IMPROVEMENT FOR THE 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02). ORDERING IMPROVEMENT AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE 2017 STREET IMPROVEMENT PROJECT (PROJECT 2017-02) WHEREAS, a resolution of the City Council adopted on February 21, 2017 fixed a date for a council hearing on the proposed 2017 Street Improvement project; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 21st day of March 2017, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STILLWATER, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 21st of March 2017. 3. City of Stillwater Engineering Department is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 21st day of March 2017. Michael Polehna, Vice Mayor Attest: Diane F. Ward, City Clerk NOTICE OF PUBLIC HEARING FOR 2017 STREET IMPROVEMENT PROJECT PROJECT 2017-02, L.I.413 March 8, 2017 Notice is hereby given that the City Council of Stillwater, Washington County, Minnesota, will meet in the Council Chambers of the Stillwater City Hall, 216 N 4th Street, Stillwater, MN 55082 at 7:00 p.m. or as soon as possible thereafter, on Tuesday, March 21, 2017, to consider street and utility improvements. The area proposed to be assessed for such improvement is properties abutting Moore Street West, William Street South (Myrtle St W to Oak St W), Sixth Street South (Hancock St W to Orleans St W), Seeley Street South (Olive St W to Pine St W), Brick Street South (Olive St W to Pine St W), Hemlock Street South (Olive St W to Pine St W), Grove Street South (Olive St W to Pine St W), Center Street South (Olive St W to Pine St W), Oak Street West (Sherburne St S to west of Seeley St S), Myrtlewood Court, Surrey Lane, Driving Park Road, Benson Boulevard East, Paddock Circle, Trotter Court, Fifth Avenue South, Fourth Avenue South, Third Avenue South, Second Avenue South, Hillcrest Drive, St Louis Street East, Burlington Street East (Third Ave S to Sixth Ave S), Dubuque Street East (Third Ave S to Fifth Ave S). The estimated cost of the improvements is $2,229,372.51. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Diane Ward City Clerk Published in Stillwater Gazette on March 10 and March 17, 2017 MEMORANDUM TO: Mayor and City Council 3P6 FROM: Shawn Sanders,Director of Public Works DATE: February 17, 2017 RE: Feasibility Study for the 2017 Street Improvement Project Project No. 2017-02 INTRODUCTION Based on the condition of the streets as presented in the 2013 Pavement Management Plan and further review by the City staff, a feasibility study of the following streets was authorized by Council on October 16, 2012. Street reconstruction Moore Street William Street (Myrtle to Oak) South Sixth Street (Orleans to Hancock) Seeley Street (Olive to Pine) Brick Street (Olive to Pine) Hemlock Street (Olive to Pine) Grove Street (Olive to Pine) Center Street (Olive to Pine) Oak Street (Sherburne to west of Seeley Street) Mill and Overlay Myrtlewood Court Surrey Lane Driving Park Road Benson Boulevard East Paddock Circle Trotter Court Fifth Ave S Fourth Ave S Third Ave S Second Ave S Hillcrest Drive East St Louis East Burlington (Third Ave to Sixth Ave) East Dubuque (Third Ave S to Fifth Ave) In all, there are 4.3 miles of streets proposed for improvements, 2.7 miles of mill and overlay and 1.6 miles of reconstruction Most the streets selected for street reconstruction are rated in the poor category according to the Pavement Management Study. All the streets are 45 years and older and have existing curb and gutter and storm sewer system in place. The streets have numerous asphalt patched areas, have little or no cross slope for drainage. Maintenance over the years consisted of seal coats, pothole and skim patching. Soil borings on each block of the project area show that many of the streets are deficient in either pavement thickness, aggregate thickness, or both and the structural strength of the pavement section does not meet the standard of a 7 Ton design road for a residential street. . All the streets selected for mill and overlay are rated in fair condition in 2013 Pavement Management Plan. The streets are between 21-23 years in age and were constructed with adequate pavement section to support traffic for residential areas. All areas except Second Avenue South/ Hillcrest have curb and gutter. The pavement is showing show signs of deterioration, in the surface, but still has adequate structural strength so that a mill and overlay would improve the surface The concrete curb and gutter which is primarily in good condition. PROPOSED PROJECT Pavement reconstruction It is proposed that all streets in the project area would have the street section rebuilt, this would consist of removing the existing pavement, removing some or all existing base material, and reconstructing the pavement section to a 7 -Ton Design road with six inches of gravel and four inches of bituminous. The north half of Seeley and Hemlock, all of Brick and south half of South Sixth Street, where the soil borings indicate there is sufficient aggregate base, would be reconstructed with new pavement only. Whereas all the others, will have the pavement section completely reconstructed. All curbs and driveway sections that are settled, heaved, or cracked will be removed and replaced. Catch basins and manholes will be repaired where the adjustment rings or the actually structure has deteriorated or is inadequate in size. There are five galvanized water services proposed for replacement as well as one joint sanitary sewer service that would be separated. Since these streets are being reconstructed, volume control for the 0.55" of Rain is required. These are proposed to be in the form of rain gardens in various locations within the project area. Concrete sidewalks repairs are limited to intersections on Pine, Olive and Marsh, where ramps would be installed to ADA standards. Mill and Overlay All residential streets would have the top 1.5 -inches of bituminous surface milled and overlaid with 1.5 -inches of bituminous. Industrial Avenue would have a 2.0 inch mill and overlay . Settled, heaved or badly cracked curb sections and sidewalks will be replaced along with all intersection pedestrian ramps in order to meet ADA requirements. Catch basin and sanitary manholes will be looked to determine if the top section of rings need to be rebuilt. PROJECT COST AND FINANCING The total estimated cost of the project is $2,229,372.51 including design, surveying, inspection, administration, and contingencies. Pavement reconstruction -Estimated Cost: $1,399,416.26 According to the City Assessment Policy street reconstruction project are assessed 70% to the benefitting property owner and 30% from City funds. Residential properties would be assessed by the unit method and commercial and institutional properties would be assessed based on front footage. With assessments calculated as follows: Standard interior lot: 1 unit Corner lot: 0.5 units for each side reconstructed Multifamily lot: 1 unit + 0.2 units for each additional occupancy The preliminary assessment for the reconstructed streets is $7582 per unit for total reconstructed streets and $5600.43 for partially reconstructed streets. Institutional and Commercial properties would be assessed $79.49/lf and $68.48/lf, respectively. Replacement of galvanized water services and the sanitary would be assessed 100% to the benefitting property owner. The property owners with the galvanized services would pay the $2835 for the cost of the water service replacement and $3400 for the sanitary sewer service separation. Mill and Overlay -Estimated Cost: $804,025.87 According to the City Assessment Policy, mill and overlay projects are assessed 80% for residential properties and 100% for properties in the Industrial Park. In the southeast area of the project, Fourth Ave South and Burlington form Fourth Ave to Fifth Ave South Are designated as Municipal State Aid Streets. These, according to the policy would be assessed at 50%. It is proposed that all residential properties be assessed by the unit method and non-residential properties be assessed per front footage. Residential properties would be assessed based on the following: Standard interior lot: 1 unit Corner lot: 0.5 units for each side reconstructed Institutional -lineal foot frontage Industrial Park —lineal foot frontage The preliminary assessment rate for the residential properties would be $2158.13 per unit and $1348.83 per unit for properties on State Aid Roads. Non-residential properties would have an assessment rate of $23.37 per foot and the Industrial Park would have an assessment rate of $47.73 per foot. SUMMARY OF PROPOSED COSTS PROPOSED PROJECT TIMELINE November 1, 2016 Authorize Feasibility Study February, 21 2017 Presentation of Feasibility Study March 21, 2017 Public Hearing/Order Improvement April 4, 2017 Approve Plans and Specs/ Authorize bids May 2, 2017 Award Contract June -October Construct Project October 3, 2017 Assessment Hearing Assessment Rate Adj Front Footage No. of properties Asses s. Units Assessment Amount Total Reconstruction- commercial/institutional $79.49 If 2386 $189,663.14 Total Reconstruction- residential $7582/unit $5600.43/unit 94 31 79.5 $602,769 Partial Reconstruction- residential 23.6 $132,170.14 Partial Reconstruction- commercial /institutional $64.48 660 $42,688.80 Mill and overlay — Industrial Park $47.73/lf _ 3360 17 $160,384.19 Mill and overlay - residential $2,158.13/unit 230 217.5 20 $469,393.28 Mill and Overlay- State Aid $1348.83/unit 26 $26,976.60 ,_ Mill and Overlay -non residential $23.37/lf 988 $23,089.56 Galvanized Water Services $ 2835 /unit 5 5 $14,175 Sanitary Sewer Service $3400/ unit 1 1 $3400 Assessment Total $1,664,709.71 City Projects Fund $564,662.8 Street Improvement Project Cost $2,229,372.51 PROPOSED PROJECT TIMELINE November 1, 2016 Authorize Feasibility Study February, 21 2017 Presentation of Feasibility Study March 21, 2017 Public Hearing/Order Improvement April 4, 2017 Approve Plans and Specs/ Authorize bids May 2, 2017 Award Contract June -October Construct Project October 3, 2017 Assessment Hearing RECOMMENDATION Since the project is feasible from an engineering standpoint and the project is cost effective, it is recommended that Council accept the feasibility report for the 2017 Street Improvement Project and order a public hearing to be held on March 21st, 2017 at 7:OOPM. ACTION REQUIRED If Council concurs with the recommendation they should pass a motion adopting Resolution No. 2017- , RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2017 STREET IMPROVEMENT PROJECT, (PROJECT 2017-02). MILL &OVERLAY 82,158.13 RATE: PRELIMINARY ASSESSMENT ROLL ASSESSMENT PERIOD: _ per unit - Standard Rate 2017-02 Street Improvement Project 10 YEARS 51,348.83 per unit - State Aid Rate Project 2017-02, LI 413 4% INTEREST RATE 847.73 per foot - Industrial Park Commercial Institutional MILL AND OVERLAY ., _-, ,,, . S23 37 CEO TAXPAYER NAME ADDRESS CITY Std Rate SA Rate Industrial Institutional UNIT reg unit SA Unit LF STREET ASSIT PROPERTY ADDRESS 2803020430005 LAGARDE PHILLIP M 407 6TH STS STILLWATER MN 55082 x 1.0 1 1.0 1 $2,158.13 407 6TH ST S 2803020430079 CULVER DAVIS JR REV TRS 320 PINE ST W STILLWATER MN 55082 x 0.5 0.5 $1,079.07 320 PINE ST W 2803020430080 DAVIS-JOHNSON CARROLL & DAVID 411 6TH ST S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 411 6TH ST S 2803020430081 HANSEN DEAN C & BARBARA S 402 6TH ST S !STILLWATER MN 55082 x 1.0 1 1.0 $2,158.13 402 6TH ST S 2803020430082 NIELSEN KAYLENE S 410 6TH STS .STILLWATER MN 55082 x 1.0 1.0 $2.158.13 410 6TH ST S 2803020430083 LOEGERING ROBERT & MARY 418 6TH ST S 'STILLWATER MN 55082 x 1.0 1 1.0 $2,158.13 418 6TH ST S 2803020430084 PANCIERA KATHLEEN & LAWRENCE 424 6TH ST S STILLWATER MN 55082 x 1,0 1.0 $2.158.13 424 6TH ST S 2803020430085 O'BRIEN THOMAS R - 428 6TH STS STILLWATER MN 55082 x 1.0 1.0 $2,158.13 428 6TH ST S 2803020430086 MARSHALL DAVID L & JANET 9590 JAMACA AVE N MAHTOMEDI MN 55115 x 0.5 0.5 $1,079.07 432 6TH ST S 2803020430097 SAMPLE DANIEL G 315 6TH STS STILLWATER MN 55082 x 1.0 1.0 $2.158,13 315 6TH ST S 2803020430099 PARKER TIMOTHY & MARILYN CALVER 321 W OLIVE ST STILLWATER MN 55082 x 0.5 0.5 $1.079.07 321 OLIVE ST W 2803020430101 SCHMOECKEL DAVID R & DONNA J 302 6TH ST S STILLWATER MN 55082 x 0.5 0.5 $1,079.07 302 6TH ST S ' 2803020430102 MCDONALD LLOYD & JEANNE 1310 6TH ST STILLWATER MN 55082 x 1.0 1.0 $2,158.13 310 6TH ST S . 2803020430103 NELSON JAMES & NANCY TRS 318 6TH ST S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 318 6TH ST S 2803020430104 FABIAN DANIEL A & JERI L 326 S 6TH ST STILLWATER MN 55082 x 1.0 1.0 $2,158.13 328 6TH ST S 2803020430113 WATTERS KAREN M 327 6TH STS STILLWATER MN 55082 x 1.0 1.0 $2.158.13 327 6TH ST 5 2803020430114 RUSH WILLIAM L & KARIN M H 323 6TH ST S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 323 6TH ST S 2903020420033 SIEMERS DALE & DONNA 101 MYRTLEWOOD CT STILLWATER MN 55082 x 0.5 0.5 $1,079.07 101 MYRTLEWOOD CT 2903020420034 KRAMER TROY W & DAWN M 113 MYRTLEWOOD CT STILLWATER MN 55082 x 1.0 1.0 $2,158.13 _ 113 INYRTLEWOOD CT 2903020420035 TOKAR JOSEPH A 125 MYRTLEWOOD CT STILLWATER MN 55082 x 1.0 1.0 $2.158.13 125 MYRTLEWOOD CT 2903020420036 NOOR MOGAMAT & TERESA 137 MYRTLEWOOD CT STILLWATER MN 55082 x 1.0 1,0 $2,158.13 137 MYRTLEWOOD CT 2903020420037 PARIZINO HUSER GAYLE D 148 MYRTLEWOOD CT STILLWATER MN 55082 x 1.0 1,0 $2,158.13 148 MYRTLEWOOD CT 2903020420038 HOY JEAN E & JAMES S 136 MYRTLEWOOD CT STILLWATER MN 55082 1 x 1,0 1.0 $2,158.13 136 MYRTLEWOOD CT ' 2903020420039 JACOBY CRAIG M & JODY L 124 MYRTLEWOOD CT STILLWATER MN 55082 x 1.0 1.0 $2,158.13 124 MYRTLEWOOD CT 2903020420040 BOROWIAK RONALD & BERNADINE 112 MYRTLEWOOD CT STILLWATER MN 55082 x 1.0 1.0 $2,158.13 112 MYRTLEWOOD CT 2903020420041 BANK NEW YORK MELLON TRS 4425 PONCE DE LEON BLVD !CORAL GABLES FL 33146 x 0.5 0.5 $1.079.07 100 MYRTLEWOCD CT 3203020120066 CITY OF STILLWATER 216 4TH ST N PO BOX 242 STILLWATER MN 55082 x 1.0 1.0 $2,158.13 3203020120067 PHAM LAN THI 1277 BENSON BLVD E STILLWATER MN 55082 x 0.5 0.5 $1,079.07 1277 BENSON BLVD E 3203020120068 BRAUNSTEIN ANITA J 1269 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1269 BENSON BLVD E 3203020120069 RICHIE JOSEPH A & DAWN S 1261 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1261 BENSON BLVD E 3203020120070 WIRKKALA PAUL H & KIM M 1323 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1323 BENSON BLVD E 3203020120071 NI JIAN M 1331 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1331 BENSON BLVD E 3203020130094 JUNKER ANDREW I & LAUREN A 1336 BENSON BLVD E STILLWATER MN 55082 x 0.5 0.5 $1,079.07 1336 BENSON BLVD E 3203020130095 BROWN ILSE L 1342 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1342 BENSON BLVD E 1 3203020130096 LANNING JEFF J & LAURA PHILLIPS 1350 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1350 BENSON BLVD E 1, 3203020130097 HELM JOANNE M 1358 BENSON BLVD E STILLWATER MN 55082 x 1,0 1.0 $2.158,13 1358 BENSON BLVD E ' 3203020130098 CHRISTIANSON JENIFER M 1366 BENSON BLVD E STILLWATER MN_55082 x 1.0 1.0 $2,158.13 13661 BENSON BLVD E 3203020130099 NOTARO SHERYL A 1374 BENSON BLVD E STILLWATER MN 55082 ' x 1.0 1.0 $2.158.13 1374 BENSON BLVD E 3203020130100 ROTH ADAM & PAMELA 1382 BENSON BLVD E STILLWATER MN 55082 x 1,0 1.0 $2,158.13 1382 BENSON BLVD E 3203020130101 GOTT NIELS & NICOLETTE 1390 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1390 BENSON BLVD E 3203020180102 FRIEDRICH RICHARD & AMY FITZSIMMONS 1398 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1398 BENSON BLVD IE 3203020130103 COLBURN JEFFERY G & MARY J 1402 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1402 BENSON BLVD TE 3203020130104 01101A DANIEL J & MARY JO 1418 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1418 BENSON BLVD E 3203020130105 GRAMS NORMAN & JULIE 1339 BENSON BLVD E STILLWATER MN 55082 1 x 1.0 1.0 $2,158.13 1339' BENSON BLVD E 3203020130106 HENNING JAMES R & RACHEL K 1347 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1347 BENSON BLVD E 3203020130107 STITELER LISA J 1355 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1355 BENSON BLVD E 3203020130108'NOLAN MICHAEL J & DEBORAH A 1363 BENSON BLVD E STILLWATER MN 55082 1 x 1.0 1.0 $2,158.13 1363 BENSON BLVD E 3203020140014 LEMIRE DANYELL P 1434 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1434 BENSON BLVD E 3203020140015 THOMPSON NATHAN A & WHITNEY 1450 BENSON BLVD E STILLWATER MN 55082 1 x 1.0 1.0 $2.158,13 1450 BENSON BLVD E 3203020140016 ATWOOD ALAN W & MARIANNE 1466 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1466 BENSON BLVD E 3203020140017 NAHKALA ALAN R & KATHLEEN M 1502 BENSON BLVD E STILLWATER MN 55482 x 1.0 1.0 $2,158.13 1502 BENSON BLVD E 3203020140018 MORCHINEK JOHN A & COLLEEN 5 1516 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1516 BENSON BLVD E 3203020140019 SUTCLIFFE JOHN E & BETH ANNE _ 1530 BENSON BLVD STILLWATER MN 55082 x 1.0_ 1.0 $2,158.13 1530 BENSON BLVD E 3203020140020 CARPENTER LAWRENCE & BARBARA _ 1544 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1544 BENSON BLVD E 3203020140021 KORAN LAWRENCE F & JUDITH E 1558 BENSON BLVD E STILLWATER MN 55082 x 1.0_ _ 1.0 $2,158.13 1558 BENSON BLVD E 320302014002ALEIN THOMAS P 1572 BENSON BLVD E STILLWATER MN 55482 x 0.5 0.5 1 $1.079.07 1572 BENSON BLVD E 3203020140023 SINGER MITCHELL A 1403 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 11403 BENSON BLVD E 2017-02 1 of 5 3/17/2017 MILL AND OVERLAY GEO TAXPAYER NAME ADDRESS CITY Std Rate SA Rate Industrial Institutional UNIT reg unit SA Unit LF STREET ASMT PROPERTY ADDRESS 3203020140024 KRAUS NICHOLAS D & AMANDA L 1419 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1419 BENSON BLVD E 3203020140025 JUNKER BRUCE P & JANINE 1451 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1451 BENSON BLVD E 3203020140026 COLLINS RYAN & LISA 1467 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1467 BENSON (BLVD E 3203020140027 LARSON DOUGLAS & LINDA ROBINSON 1503 BENSON BLVD E STILLWATER MN 55082 x 1.0 1,0 $2.158.13 1503 BENSON BLVD E 3203020140028 DAVIS ERIC M & ANITA C 1517 BENSON BLVD E STILLWATER MN 55082 x 1.0 1.0 82,158.13 1517 BENSON _ BLVD E 3203020140029 PERRON SHERYL L & JOSEPH H 1531 BENSON BLVD E STILLWATER MN 55082 x 1.0 1,0 $2,158.13 1531 BENSON BLVD E 3203020140031 CITY OF STILLWATER 216 4TH ST N PO BOX 242 STILLWATER MN 55082 x 1.0 1.0 $2.158.13 3203020140032 ROGERS NATALIE M 1401 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1401 DRIVING PARK RD 3203020140033 LAW DAVID & SUZANNE 1407 TROTTER CT STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1407 TROTTER CT 3203020140034 MOORE CHARLOTTE M 1411 TROTTER CT STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1411 TROTTER CT 3203020140035 BROZEK TOM M & CAROL J 1421 TROTTER CT STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1421 TROTTER CT 3203020140036 BARTLETT JEREMY J & MELISSAS 1431 TROTTER CT STILLWATER MN 55082 x 1.0T 1.0 $2,158.13 1431 TROTTER CT 3203020140037 HOYE DONALD C & JANICE J 1441 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1441 DRIVING PARK RD 3203020140038 ROBINSON WILLIAM E & NANCY E 1451 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1451 DRIVING PARK ' RD 3203020140039 JANOUSEK GERALD J & MARLENE 1501 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1501 DRIVING PARK RD 3203020140040 CHRIST DAVID 1507 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158,13 1507 DRIVING PARK ' RD 3203020140041 HEINITZ KEM &TRACY B 1513 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1513 DRIVING PARK RD 3203020140042 LANDGREEN SHAWN P & MOLLY M 1519 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1,0 $2.158.13 1519 DRIVING PARK RD 3203020140043 OLSON JAMES A & LUCINDA H 1525 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1525 DRIVING PARK RD 3203020140044 PETERSON ROBIN M 1531 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1531 DRIVING PARK RD I 3203020140045 KILKELLY MICHAEL 1537 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 82,158.13 1537 DRIVING PARK RD 3203020140046 GREEN DAVID L & TERRI J SIMON 1543 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1543 DRIVING PARK RD 3203020140047 PUTNAM TIMOTHY R & AUDREY A 1549 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1549 DRIVING PARK RD 3203020140048 LI TIAN FENG 1555 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158,13 1555 DRIVING PARK RD 3203020140049 HOGAN JOHN E 1561 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1561 DRIVING PARK RD 3203020140050 RYLANDER MARLYS E _ 1567 DRIVING PARK RD STILLWATER MN 55082 x _1.0 1.0 $2,158,13 1567 DRIVING PARK RD 3203020140051 RUEDY JEANMARIE 1573 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1573 DRIVING PARK RD 3203020140052 WIRTZ MARTIN T & VIRGINIA M 1579 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2,158.13 1579 DRIVING PARK RD 3203020140053 CADWELL GERALD D & MARLA J 1419 PADDOCK CIR STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1419 PADDOCK CIR 3203020140054 BRANDT DAVID C & KAREN H 1411 PADDOCK CIR STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1411 PADDOCK CIR 3203020140055 PETRONACK DENNIS T & CARRIE M 1401 PADDOCK CIR STILLWATER MN 55082 x 1.0 1,0 $2,158.13 1401 PADDOCK CIR 3203020140055 UNER POLLY J 1133 ATWOOD LN STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1339, PADDOCK CIR 3203020140057 BRINKER ANTON 0 & TARA L 1321 PADDOCK CIR STILLWATER MN 55082 x _1.0 1.0 $2,158.13 1321 PADDOCK CIR 3203020140058 DINH ROBERT M & STEPHANIE E 1311 PADDOCK CIR STILLWATER MN 55082 x _ 1.0 1.0 82158.13 1311 PADDOCK CIR 3203020140059 DEWEY TIMOTHY M & JENNIFER L 1430 DRIVING PARK RD ' STILLWATER MN 55082 x 1,0 1.0 $2.158.13 1430 DRIVING PARK RD 3203020140060 WELLS DANNY C & LUANN E 1460 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1460 DRIVING PARK RD ' 3203020140061 HENNING THERESA A ETAL 1500 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2.158.13 1500 DRIVING PARK RD 3203020140062 ANDERSON KENNETH R & PATRICIA 1508 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2,158.13 1508 DRIVING PARK RD 3203020140063 HELMS BRIAN R _ 1516 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2.158.13 1516 DRIVING PARK RD 3203020140064 DOLNEY KENNETH N SR & SUZANNE _ 1524 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2„158,13 1524 DRIVING PARK RD 3203020140065 DONAHUE JAMES A & KATHLEEN K 1532 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1532 DRIVING PARK RD 3203020140066 REAL! CARA M _ 1540 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1540 DRIVING PARK RD 3203020140067 NORLANDER ERIC W & MELISSA M 1548 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 52,158.13 1548 DRIVING PARK RD 3203020140068 LEISCH JOSEPH G 1556 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1,0 $2,158.13 1556 DRIVING PARK RD 3203020140069 FAUST SCOTT W & SUSAN P 1420 SURREY LN _ STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1420 SURREY LN 3203020140070 QUINNJOHN P 11410 SURREY LN STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1410 SURREY LN 3203020140071 BRENEMAN AMANDA & NEIL A 1400 SURREY LN STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1400 SURREY LN 3203020140072 MARKALL JAMES C & SUSAN L 1336 SURREY LN STILLWATER MN 55082 x 1.0 1,0 $2.158.13 1336 SURREY LN 3203020140073, DINH QUANG N & PHAM MATT 1324 SURREY LN STILLWATER MN 55082 x 1.0 1.0 $2,158,13 1324 SURREY LN 3203020140074 SCHUMANN MARY M 1314 SURREY LN _ STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1314 SURREY LN 3203020140075 TURTNESS ROBERT E & MAUREEN 1308 SURREY LN STILLWATER MN 55082 x 1.0 1.0 _ $2,158.13 1308 SURREY LN 3203020140076 MUNCH LAWRENCE B & ALLISON 1300 SURREY LN STILLWATER MN 55082 x _ 1.0 1.0 $2,158,13 1300 SURREY LN 3203020140078' LEVASSEUR JERRY F & DAWN 1201 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1201 DRIVING PARK RD 3203020140079 TETTAMANZI LISA A 1209 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1,0 $2.158.13 1209 DRIVING PARK RD 3203020140080 LIEHR GREGORY R & KRISTIN M 1217 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2.158.13 1217 DRIVING PARK RD 3203020140081 EMERSON SHANNON L & LAURIE A 1225 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 52,158.13 1225 DRIVING PARK RD 3203020140082 WESTRUP JOSEPH 0 & CYNTHIA L 1233 DRIVING PARK STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1233 DRIVING PARK RD 3203020140083 FRITSCHE JOSHUA & CHRISTINE 1241 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1241 DRIVING PARK RD 3203020140084 FRANKS THOMAS V & PATRICIA A 1249 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 _ $2,158.13 1249 DRIVING PARK RD 3203020140085 RIEHM STEPHEN P & MARY J 1257 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1257 DRIVING PARK RD 3203020140086 OSTERGAARD JERRY M & JOANNE L 1265 DRIVING PARK RD STILLWATER MN 55082 x _ 1.0 1.0 $2.158.13 1265 DRIVING PARK RD 3203020140087 COMER DOUGLAS L ETAL 1273 DRIVING PARK RD STILLWATER MN 55082 x 1,0 1.0 $2.158.13 1273 DRIVING PARK RD 2017-02 2 of 5 3/17/2017 MILL AND OVERLAY GEO TAXPAYER NAME ADDRESS CITY Std Rate SA Rate Industrial Institutional UNIT ret= unit SA Unit LF STREET AS.YIT PROPERTY ADDRESS 3203020140088 SCHUTZ MINDALYN L & ERIC N 1324 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 52.158.13 1324 DRIVING PARK RD 3203020140089 RITZER TERRANCE C & LOREN R 1371 BENSON BLVD E [STILLWATER MN 55082 x 1 0 1.0 $2,158.13 1371 BENSON BLVD E 3203020140090 GROUP 41 LLC 5810 OLINDA AVE N STILLWATER MN 55082 x 1.0 1.0 52,158.13 1208 DRIVING PARK RD 3203020140093 TESKE ERIC J & MELISSA A 1216 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1 0 82.158.13 1216 DRIVING PARK RD 3203020140094 HAAK ALEXANDER & KELLIE 1224 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1224 DRIVING PARK RD 3203020140095 RAMSAY JAMES & KAREN 1232 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 82.158.13 1232 DRIVING PARK RD 3203020140096 RUZICH THOMAS & JONI ANDERSON 1240 ORIVENG PARK RD STILLWATER MN 55082 x 1.0 1.0 52,158.13 1240 DRIVING PARK RD 3203020140097 GFRERER BRANDON & JEANNE 1248 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1 0 $2,158.13 1248 DRIVING PARK RD I 3203020140098 DOMIN KYLE W & SARAH J 1256 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 52,158.13 1256 DRIVING PARK RD 3203020140099 KUEHN RONALD F & DIANE M 1264 DRIVING PARK RD STILLWATER MN 55082 x 1 0 1.0 52,158.13 1264 DRIVING PARK RD 1 3203020140100 MARKERT STEPHEN M & WENDY K 1272 DRIVING PARK RD STILLWATER MN 55082 x 1 0 1.0 $2,158.13 1272 DRIVING PARK RD 3203020140101 SCOW GLENDA K 1280 DRIVING PARK RD STILLWATER MN 55082 x 1 0 1.0 52,158.13 1280 DRIVING PARK RD 3203020140102 RENVILLE MICHAEL T 1288 DRIVING PARK RD STILLWATER MN 55082 x 1 0 1.0 $2.158 13 1288 DRIVING PARK RD 3203020140103 OTTO PEGGY S 1301 DRIVING PARK RD STILLWATER MN 55082 x 1 0 1.0 $2,158.13 1301 DRIVING PARK RD 3203020140104 JOHNSON DOUGLAS, LINNEA & ELIZABETH 1313 DRIVING PARK RD STILLWATER MN 55082 x 1 0 1.0 52.158.13 1313 DRIVING PARK RD 1 3203020140105 SCHROEDER DANIEL & JENNIFER 1325 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 82 158.13 1325 DRIVING PARK RD 3203020140106 RUDEEN MARY D 1337 DRIVING PARK RD STILLWATER MN 55082 x 1.0 1.0 52,158.13 1337 DRIVING PARK RD 3203020410014 THT INC 1730 INDUSTRIAL BLVD STILLWATER MN 55082 x 150.00 57,159.50 1730 INDUSTRIAL BLVD 3203020410015 GEN3 LLC 1987 INDUSTRIAL BLVD STILLWATER MN 55082 x 190.72 $9,103.07 1770 INDUSTRIAL BLVD I 3203020410016 GEN3 LLC 1987 INDUSTRIAL BLVD STILLWATER MN 55082 x 265.26 512.660.86 3203020410020 RPI INVESTMENTS LLC 1775 INDUSTRIAL BLVD 5 STILLWATER MN 55082 x 205.44 $9.805.65 1725 INDUSTRIAL BLVD '3203020410021 RPI INVESTMENTS LLC 1775 INDUSTRIAL BLVD S STILLWATER MN 55052 x 138.16 56.594.38 1775 INDUSTRIAL BLVD I 3203020410022 3CT LLC 270 N MAIN ST # 300 STILLWATER MN 55082 x 121.15 85.782.49 1825 INDUSTRIAL BLVD 3203020410023 3CT LLC 270 N MAIN ST # 300 STILLWATER MN 55082 x 121.04 $5.777.24 1845 INDUSTRIAL BLVD 3203020440001 GEN3 LLC 1987 INDUSTRIAL BLVD STILLWATER MN 55082 1 x 225.09 510.743.55 1875 INDUSTRIAL BLVD 3203020440002 GEN3 LLC 1987 INDUSTRIAL BLVD STILLWATER MN 55082 x 226.69 510,819.91 3203020440003 GEN3 LLC 1987 INDUSTRIAL BLVD STILLWATER MN 55082 x 296,82 514.167 22 1987 INDUSTRIAL BLVD 32030204-40004 2081 INDUSTRIAL BLVD LLC 2081 INDUSTRIAL BLVD STILLWATER MN 55082 x 144.76 56,909.39 2081 INDUSTRIAL BLVD 3203020440005 CROIX EATERIES LLC 1180 FRONTAGE RD W STILLWATER MN 55082 x 179.96 $8.589.49 1180 FRONTAGE RD W_ 3203020440006 MELTON JAMES E & JOYCE A 6431 KEATS AVE N STILLWATER MN 55082 x 400.00 519.092.00 1200 FRONTAGE RD W 3203020440012 STILLWATER WEST LLC 11910 OTCHIPWE AVE N STILLWATER MN 55082 x 165.32 57,890.72 3203020440013 STILLWATER WEST LLC 11910 OTCHIPWE AVE N STILLWATER MN 55082 x 167.62 58.000.50 3203020440015 SE -TAC PROPERTIES -COMMERCIAL LLC 2000 INDUSTRIAL BLVD STILLWATER MN 55082 x 167.62 58,000.50 2000 INDUSTRIAL _ _ BLVD 3203020440022 STILLWATER WEST LLC 11910 OTCHIPWE AVE N STILLWATER MN 55082 x 134.04 $6,397.73 3203020440023 DIASORIN INC _ 1951 NORTHWESTERN AVE f STILLWATER MN 55082 x 33.58 _ 51,602,77 1951 NORTHWESTERN -AVE 3403020220003 KARI ELIZABETH GARRATT TRS ETAL 1015 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1015 3RD AVE S 3403020220004 HENDRICKS SCOT J 1001 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 52.158.13 1001 3RD AVE 5 3403020220006 CHRISTOPHER RICHARD A & JANE M 1017 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 1 52.158.13 1017 4TH AVE S 3403020220007 STANSBURY PATRICK ETAL 1015 4TH AVE STILLWATER MN 55082 x 1 0 1.0 52.158.13 1015 4TH AVE S 3403020220008 GIBSON SHAWNA K 1005 4TH AVE S STILLWATER MN 55082 x 1 0 1.0 $2.158.13 1005 4TH AVE IS 3403020220009 HARVIEUX DAVID. KATHRYN & MARTHA 3665 OAKGREEN AVE N STILLWATER MN 55082 x 1.0 1 0 52,158.13 1001 4TH AVE S 3403020220010 GEORGI MARGARET M 1002 4TH AVE S STILLWATER MN 55082 x 1.0 1 0 52,158 13 1002 4TH AVE S 3403020220011 BENNETT SCOTT C & MARY JO 1006 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 52.158.1 3 1006 4TH IAVE S 3403020220012 SCHEID STANLEY & CARRIE KAMMERER 1014 4TH AVE $ STILLWATER MN 55082 x 1.0 1 0 $2,158 13 1014 4TH AVE S 3403020220017 PROSSER JOHN A 906 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 906 5TH AVE S 3403020220018 HARTUNG DAVID D & JULIE M 910 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 82,158.13 910 5TH AVE S 3403020220019 PROSSER JOHN A 906 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 82,158 13 918 5TH AVE S 3403020220020 WOLDEN CHARLES E & JANET L 924 5TH AVE 5 STILLWATER MN 55082 x 1.0 1.0 $2,158.13 924 5TH LAVE 5 3403020220021 CORMAN THOMAS N & VALERIE J 936 5TH AVE S STILLWATER MN 55082 x 0.5 0.5 51,079.07 936 5TH AVE S 3403020220031 HANSON MARY H 920 4TH AVE S STILLWATER MN 55082 x 1.0 1 0 $2.158 13 920 4TH AVE S 3403020220033 HALL CHRISTINE GRAALUM .926 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 926 4TH AVE S 3403020220034 ANDERSON JEFFERY L & KRISTIE 932 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 932 4TH AVE S 3403020220035 ZIZICH DARINKA 518 DUBUQUE ST STILLWATER MN 55082 x 1.0 1.0 $2,158.13 518 DUBUQUE ST E 3403020220036 WILLIAMS KATHY L 935 5TH AVE 5 STILLWATER MN 55082 x 1 0 1.0 52,158.13 935 5TH AVE S 3403020220039 EHMAN MARGARET M & SHELDON H 635 8TH ST N HUDSON WI 54016 x 1 0 1 0 52,158.13 925 5TH AVE S 3403020220040 EHMAN MARGARET M & SHELDON H 635 8TH ST N HUDSON WI 54016 3403020220041 RITZER JOHN A TRS 919 5TH AVE S STILLWATER MN 55082 3403020220042 RITZER JOHN A TRS 919 5TH AVE S STILLWATER MN 55082 3403020220043 RITZER JOHN A TRS 919 5TH AVE S STILLWATER MN 55082 x 1 0 1.0 52,158.13 919 5TH AVE S 3403020220044 RITZER JOHN A TRS 919 5TH AVE S STILLWATER MN 55082 x 3403020220045 BOUQUET CHRISTINE & DAVID 911 5TH AVE S STILLWATER MN 55082 x 1 0 1.0 $2,158.13 911 5TH AVE S 3403020220046 WHETHAM ROBERT C & WENDY J 923 4TH AVE S STILLWATER MN 55082 x 1 0 1.0 52.158.13 923 4TH AVE IS 2017-02 3 of 5 3/17/2017 MILL AND OVERLAY' - GEO TAXPAYER NAME ADDRESS CITY Std Rate SA Rate Industrial Institutional UNIT reg unit SA Unit LF STREET ASMT PROPERTY ADDRESS 3403020220050 FUNARI WILLIAM A & SUSAN J 937 4TH AVE S STILLWATER MN 55082 x 1.0 1,0 $2,158.13 937 4TH AVE S 3403020220051 MCKAY LILIANE G 614 DUBUQUE STE STILLWATER MN 55082 x 1.0 1.0 $2,158.13 614 DUBUQUE ST 5 3403020220052',DEFIEL WILLIAM M & JODI R 936 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 936 3RD AVE S 3403020220064 SMITH DAVID A 502 QUARRY LN STILLWATER MN 55082 x 1.0 1.0 52,158.13 502 QUARRY LN 3403020220066 CHANDLER HARVEY & MARY ANN PO BOX 195 STILLWATER MN 55082 x 1.0 1.0 $2,158.13 914 4TH AVE S 3403020220067 JENSEN KAREN M 1019 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 52.158,13 1019 5TH AVE S 13403020220068 RANDAZZO DAVID & ANNE 1015 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 1015 5TH AVE S 13403020220069 MOSES RANDALL B & LINDA GK 1009 STH AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 1009 5TH AVE S 3403020220070 MOSES RANDALL B & LINDA GK 1009 5TH AVE S STILLWATER MN 55082 3403020220071 FOLEY 7 JEROME & DARLENE C 1005 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 52.158.13 1005 5TH AVE 5 3403020220072 ANDERSON JEFFREY J & REBEKAH 1004 5TH AVE $ STILLWATER MN 55082 x 0.5 0,5 $1,079.07 1004 5TH AVE S 3403020220073 STEPHENSON WAYNE L & LASILLA 1008 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1008 5TH AVE S 3403020220074 GILES KEVIN S & REBECCA C 1016 5TH AVE S STILLWATER MN 55082 x 1.0 1,0 52,158.13 1016 5TH AVE S 3403020220080 ROBERTS NICHOLAS 5 & LEANN C '903 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158,13 903 4TH AVE S 3403020220085 CROIX COMPANIES LLC 10247 BLEEKER ST WOODBURY MN 55129 x 1.0 1-0 $2,158.13 1002 3RD AVE S 3403020220086 CROIX COMPANIES LLC 10247 BLEEKER ST WOODBURY MN 55129 x 1.0 1.0 52,158,13 1006 3RD AVE $ 3403020220087 CROIX COMPANIES LLC 10247 BLEEKER ST WOODBURY MN 55129 x 1.0 1.0 52.158.13 1010 3RD AVE S 3403020230001 STAFNE KIRSTEN J 1326 2ND AVE $ STILLWATER MN 55082 x 1.0 1.0 $2,158,13 1326 2ND AVE S 3403020230002 ACKERMAN KIRK & BARBRA JENSEN 1336 2ND AVE STILLWATER MN 55082 x 0.5 0.5 51,079.07 1336 2ND AVE S 3403020230003 MERCER WAYNE C & VERNELLE C 615 ST LOUIS ST E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 615 ST LOUIS ST E 3403020230004 RODRIGUEZ LUIS E & AURA 1308 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 1308 3RD AVE 5 3403020230005 BREU LAVAUN- 1318 3RD AVE S STILLWATER MN 55082 3403020230006 BREU LAVAUN 1318 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 52.158.13 1318 3RD AVE S 3403020230008 MERIMONTI JANET A ETAL 1331 4TH AVE S STILLWATER MN 55082 x 0.5 0.5 5674.42 1331 4TH AVE S 3403020230009 RIVENESS JENNIFER B 1325 4TH AVE S STILLWATER MN 55082 x 1 0 1.0 51.348.83 1325 4TH AVE S 3403020230010 GLASS KEVIN & DONNAMAE 1313 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 51,348.83 1313 4TH AVE S 3403020230011 GLASS KEVIN & DONNAMAE 1313 4TH AVE S STILLWATER MN 55082 3403020230012 ANONDSON PAMELA J 1305 4TH AVE S STILLWATER MN 55082 x x 1.0 0.5 0.5 51,753.48 1305 4Th AVE 5 3403020230014 BRUCE ROGER W & IRENE 1302 4TH AVE S STILLWATER MN 55082 x x 1.0 0.5 0.5 51,753.48 1302 4TH LAVE S 3403020230015 WILLIAMS TODD R & MARJORIE F 3025 LAKE ELMO AVE LAKE ELMO MN 55042 x 1 1.0 1.0 51.348.83 1308 4TH AVE S 3403020230016 OSCARSON COREY M & DANIELLE D 1312 4TH AVE STILLWATER MN 55082 x 1.0 1.0 51,348.83 1312 4TH ' AVE 3 3403020230017 SILKWOOD EMILY & HEATHER PETERSON 1316 4TH AVE S STILLWATER MN 55082 x 1 1.0 1.0 51,348.83 1316 4TH AVE S 3403020230018 KRAEMER KYLE T & ANNA E 1332 4TH AVE S STILLWATER MN 55082 x ' 1.0 1.0 5674.42 1332 4TH AVE 3 3403020230019 ALLEMANI THOMAS P & ELAINE M 1348 4TH AVE S STILLWATER MN 55082 x 0.5 0.5 $0.00 1348 4TH AVE S 3403020230021 BENDIX CAROL A 1331 5TH AVE S STILLWATER MN 55082 3403020230023 BENDIX CAROL A 1331 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1331 5TH 1 AVE S 3403020230024 LAMOTTE DANIEL J & STEPHANIE M 1319 5TH AVE STILLWATER MN 55082 x 1.0 1.0 52,158.13 1319 5TH AVE S 3403020230025 MUELLER THOMAS E 1315 5TH AVE S STILLWATER MN 55082 _ x 1.0 1.0 52,158.13 1315 5TH AVE S 3403020230026 MUELLER THOMAS E 1315 STH AVE S STILLWATER MN 55082 3403020230027 HANSEN BECKY L & JAMES F 1303 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 1303 5TH AVE S 34030202300281 ISD 834 STILLWATER 1875 GREELEY ST S STILLWATER MN 55082 x 988.00 $23,089,56 3403020230030 KETCHUM REBECCA & CHARLES K 1204 4TH AVE S STILLWATER MN 55082 x 1,0 1.0 51.348,83 1204 4TH 'AVE 3 34030202300321 SE -TAC PROPERTIES LLC 2000 INDUSTRIAL BLVD STILLWATER MN 55082 x 1.0 1.0 $1,348.83 1212 4TH AVE S 3403020230035 HOVLAND PETER 1222 4TH AVE S STILLWATER MN 55082 x 1.0 1 0 $1.348.83 1222 4TH AVE S 3403020230036 MCCOUGH MARTHA J 516 ST. LOUIS ST STILLWATER MN 55082 x x 1.0 0.5 0.5 51,753.48 516 ST LOUIS ST E 3403020230038' HENDRICKSON KELLEY L 4970 ASHLEY LN # 118 INVER GROVE HEIGHTS x 1.0 1.0 52,158.13 504 ST LOUIS ST E 3403020230043 NICKESON-RANUM MICHELLE & KARL 1213 5TH AVE S STILLWATER MN 55082 3403020230044 NICKESON-RANUM MICHELLE & KARL 1213 5TH AVE S STILLWATER MN 55082 x I _1.0 1.0 52.158,13 1213 5TH AVE S 3403020230045 RUTH C RANUM TRS 317 BIRCHWOOD DR N STILLWATER MN 55082 x 1 1,0 1.0 52,158.13 1209 5TH AVE S 3403020230046 RUTH C RANUM TRS 317 BIRCHWOOD DR N STILLWATER MN 55082 1 3403020230047 MCLELLAN KENNETH D ETAL 503 BURLINGTON ST E STILLWATER MN 55082 x x 1.0 0.5 0.5 51,753.48 503 BURLINGTON ST E 3403020230048 BEALKA SANDRA L & E MICHAEL 1204 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 52,158 13 1204 3RD I AVE S 3403020230049 MCINTYRE ROBERT I 130 E MAIN ST MOUNT HOREB WI 53572 x 1.0 1.0 $2.158.13 1214 3RD AVE S 3403020230050 SEKORA CHRISTOPHER & MICHELLE 12 KARENS WAY BERKLEY MA 02779 x 1.0 1.0 1224 3RD AVE S 3403020230051 SHOPBELL ROBERT A & DONNA M 1230 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 _52.158.13 52,158.13 1230 3RD AVE S 3403020230052 OAKES THOMAS R & CONSTANCE E 1234 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 52,158.13 1234 3RD AVE S 3403020230053 SE -TAC PROP LLC 2000 INDUSTRIAL BLVD STILLWATER MN 55082 x x 1.0 0.5 0.5 51.753,48 1225 4TH AVE S 3403020230054 NELSON TAMRA & RACHEL NICHOLAS 1213 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 51,348.83 1213 4TH AVE S 3403020230055 SIRENO SIONA S 1221 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 $1.348,83 1221 4TH AVE S 1 3403020230058 TYRA WILLIAM R & LORRAINE K 1215 4TH AVE $ STILLWATER MN 55462 x 1.0 1.0 51,348.83 1215 4TH AVE S 3403020230059 MILLER MICHAEL J & JULIE M 1209 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 $1,348.83 1209 4Th AVE S 3403020230060 HAMMOND LESLIE R 1205 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 51,348,83 1205 4TH AVE IS 2017-02 4 of 5 3/17/2017 MILL AND OVERLAY GEO TAXPAYER NAME ADDRESS CITY Std Rate SA Rate Industrial Institutional UNIT reg unit SA Unit LF STREET ASMT PROPERTY ADDRESS 3403020230061 TRS AGR THOMAS & KAREN GARLEY 13295 BOUTWELL RD STILLWATER MN 55082 x x 1.0 0.5 0.5 51,753.48 603 BURLINGTON ST E 3403020230070 BROWN MALCOLM K & MYRNA M 1301 HILLCREST DR STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1301 HILLCREST DR 3403020230073 SPEERS LOUISE & GEORGE TRS 3340 18TH AVE SE CAPE CORAL FL 33904 x 1.0 1.0 $2.158.13 1229 3RD AVE S 3403020230074 DAWN M OGREN TRS 1221 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1221 3RD AVE S 3403020230076 BENNETT MICHAEL K & ALLISON M 1203 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1203 3RD AVE S 3403020230077 CARTER ORWIN L & ANITA M TRS 1029 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1029 3RD AVE S 3403020230078 HOY JAMES M & PAULETTE M 1035 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 1 $2,158.13 1035 3RD AVE S 3403020230079 UPPGREN MARY & DAVID DRYSDALE 1014 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1014 3RD AVE S 3403020230080 ZELLERS JASON A & AMY 618 BURLINGTON ST E STILLWATER MN 55082 x 1.0 1.0 $2,158.13 618 BURLINGTON ST E 3403020230081 WOLTMAN MARTHA M 608 BURLINGTON ST E STILLWATER MN 55082 x 1.0 1.0 $2.158.13 608 BURLINGTON ST E 3403020230082 ALDRICH ROBERT J & MARY L 1019 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1019 4TH AVE S 3403020230083 RYDEEN LORRAINE 1022 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1022 4TH AVE 5 3403020230084 CHARLSEN CHRISTOPHER L 1030 FOURTH AVE S STILLWATER MN 55082 X 1.0 1.0 $2,158.13 1030 4TH AVE S 3403020230085 LONGSETH ESTHER I 518 BURLINGTON ST E STILLWATER MN 55082 x x 1.0 0.5 0.5 $1,753.48 518 BURLINGTON ST E 3403020230086 KELLY CHRISTOPHER W & VIRGINIA 506 BURLINGTON ST E STILLWATER MN 55082 x x 1.0 0.5 0.5 $1.753,48 506 BURLINGTON ST E 3403020230087 KELLY CHRISTOPHER W & VIRGINIA 506 BURLINGTON ST E STILLWATER MN 55082 3403020230088 SCHWIETZ THOMAS J & JEANNIE 1023 5TH AVE 5 STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1023 5TH AVE S 3403020230089 OFTEDAHL MARK R & LINDA 1024 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1024 5TH _ AVE S 3403020230090 GUNDERSON STEVEN & MERRY JO 1032 5TH AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1032 5TH _ AVE S 3403020230091 ROBERSON ERIC & AMANDA 1036 5TH AVE S STILLWATER MN 55082 x 0.5 0.5 $1.079.07 1036 5TH AVE S 3403020230095 JAY & RENEE SWANSON TRS 1309 HILLCREST DR STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1309 HILLCREST DR 3403020230097 BRADSHAW JAMES H & JAYNE M 1310 HILLCREST DR STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1310 HILLCREST DR 3403020230098 ZIEBELL GERTRUDE V 1319 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1319 3RD AVE S 3403020230099 PETERSON MARTIN G & JENNIFER L 2661 POLK ST CROIX RD SOMERSET WI 54025 x 1.0 1.0 $2,158.13 1325 3RD AVE S 3403020230101 ZOLLDAN MABEL W 704 ORLEANS ST E STILLWATER MN 55082 x 0.5 0,5 $1.079,07 704 ORLEANS ST E 3403020230102 BROWN MALCOLM K & MYRNA M 1301 HILLCREST DR STILLWATER MN 55082 x 1.0 1.0 82,158.13 3403020230103 LACOSSE LORI A 1326 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1326 3RD AVE S 3403020230104 KLECZKA PAUL J & CARRIE 1330 3RD AVE S STILLWATER MN 55082 x 0.5 0.5 $1.079.07 1330 3RD AVE S 3403020230105 BUSCHMAN RONALD R 1215 5TH AVE 5 STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1215 511-1 AVE S 3403020230106 KILCOYNE DESMOND & PERRI L 1213 3RD AVE S STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1213 3RD AVE S 3403020230107 IH2 PROPERTY ILLINOIS LP 1717 MAIN ST STE 2000 DALLAS TX 75201 x 0.5 0.5 81.079.07 1347 5TH AVE S 3403020230108 FIELD JOHN M & KAREN E 1220 4TH AVE S STILLWATER MN 55082 x 1.0 1.0 $1,348.83 1220 4T1 -I AVE S 3403020230109 TYRA WILLIAM R & LORRAINE K 1215 4TH AVE S STILLWATER MN 55082 1215 4TH AVE S 3403020240012 HOBSON RODNEY D & JEAN E TRS 1329 HILLCREST DR STILLWATER MN 55082 x 1.0 1.0 $2,158.13 1329 2ND AVE S 3403020240019 CASS JOHN E & CHRISTINE M 1323 HILLCREST DR DR STILLWATER MN 55082 x 1.0 1.0 $2.158.13 1323 HILLCREST DR 2017-02 5 of 5 3/17/2017 RECONSTRUCT RATE: 67,582 Total recon $5,600.43 Partial recon $79.49 institutional (total) $64.48 institutional (partial) PRELIMINARY ASSESSMENT ROLL 2017-02 Street Improvement Project Project 2017-02, LI 413 RECONSTRUCT PROJECT ASSESSMENT PERIOD; 10 YEARS 4% INTEREST RATE GEO TAXPAYER NAME ADDRESS CITY Partial Total Unit Partial Vait Total LF STREET ASMI H2O SERVICEOAN. SERVICE TOTAL ASMT PROPERTY ADDRESS 2103020310001 STILLWATER COUNTRY CLUB 1421 N 4TH ST STILLWATER MN 55082 1,324.00 $105.244.76 2103020340002 IGWYNNE E FRANSEN REV TRS 217 MOORE ST W STILLWATER MN 55082 x 1.0 1.00 57,582.00 $7,582.00 217 MOORE ST W 2103020340006 JANE ELLEN SCHWARTZ TRS 303 MOORE ST W STILLWATER MN 55082 x 1,0 1.00 07,582.00 67,582.00 303 MOORE ST W 2103020340007 LYNSKEY MICHAEL J SR 118 S MAIN ST STILLWATER MN 55082 x 1,0 1.00 07,582.00 67,58200 309 MOORE ST W 2103020340008 HANSEN ANN L 315 MOORE ST W STILLWATER MN 55082 x 10 1.00 07.582.00 07.582,00 315 MOORE ST W 2103020340009 ADAMS WENDY A 321 MOORE ST W STILLWATER MN 55082 x 0.5 0.50 03,791.00 $3,791.00 321 MOORE ST W 2103020340020 EDMUND H STUDTMAN TRS 1422 MARTHA ST N STILLWATER MN 55082 x 0.5 0.50 03,791.00 $3.791.00 1422 MARTHA ST N 2103020340021 HARALDSON MICHAEL G & ANN M 411 MOORE ST W STILLWATER MN 55082 x 1.0 1.00 07,582.00 $7,582.00 411 MOORE ST W 2103020340022 CRANDALL GEOFF & ALLISON 417 MOORE ST W STILLWATER MN 55082 x 1.0 1.00 $7.582.00 $7.582,00 417 MOORE ST W 2103020340023 MAZUREK DEREK 511 MOORE ST W STILLWATER MN 55082 x 1.0 1.00 67.582.00 $7,582.00 511 MOORE ST W 2103020340024 FROEHNER BERNARD G & NORMA J 423 MOORE ST W STILLWATER MN 55082 x 1.0 1.00 67.582,00 $7,582.00 423 MOORE ST W 2103020340025 OGREN JEFFREY D 507 MOORE STVV STILLWATER MN 55082 x 1.0 1.00 $7,582.00 $7.582.00 507 MOORE ST W 2103020340026 EICHTEN MARGARET A 8130 PACIFIC BEACH OR FORT MYERS FL 33966 x 1.0 1.00 $7.582.00 $7,582.00 517 MOORE ST W 2103020340027 KELLY MICHAEL T 523 MOORE ST W STILLWATER MN 55082 x 0.5 0.50 $3,791.00 $3.791.00 523 MOORE ST W 2103020340152 JUDITH A GORFAIN TRS 1420 4TH STN STILLWATER MN 55082 x 0.5 0,50 $3,791.00 $3,791.00 1420 4TH ST N 2103020340153 GAPEN CAROL M & GARY C 215 MOORE ST W STILLWATER MN 55082 x 1,0 1.00 57,582.00 57,582.00 215 MOORE ST W 2803020310109 GREEDER ERIC 719 MYRTLE ST STILLWATER MN 55082 x 0.5 0.50 63,791.00 $3,791.00 719 MYRTLE ST W 2803020310117 HILLBRAND KATHERINE A 111 S WILLIAM ST STILLWATER MN 55082 x 1.0 1,00 67,582.00 $7.582.00 111 WILLIAM ST S 2803020310119 CITY OF STILLWATER 216 4TH ST N PO BOX 242 STILLWATER MN 55082 50,00 $3,974.50 $3.974,50 2803020310122 RHEINBERGER MARGARET M TRS 818 W OLIVE ST STILLWATER MN 55082 $0.00 2803020320108 1ST METHODIST CHURCH OF STILLWAT 813 MYRTLE ST W STILLWATER MN 55082 236.00 $18,759.64 $18,759.64 813 MYRTLE ST W 2803020320109 HARCEY DENNIS W & MARY C 125 GREELEY ST S STILLWATER MN 55082 0.0 $0.00 125 GREELEY ST 0 2803020330001 GPH STILLWATER GREELEY LLC PO BOX 160488 ALTAMONTE SPRINGS FL 32716 307.06 024,408.20 $24.408.20 313 GREELEY ST 0 2803020330005 ALLAN JAMES M & REBECCA J 904 OLIVE ST W STILLWATER MN 55082 x 0.5 0.5 03,791.00 $3.791.00 904 OLIVE ST W 2803020330018 DITTMAR PATRICIA 1220 OAK ST W STILLWATER MN 55082 1.0 1.0 $7,582.00 $7,582.00 2803020330015 EKWALL MICHAEL W 313 CENTER STS STILLWATER MN 55082 x 1.0 1.0 07,582.00 67,582.00 313 CENTER ST S 2803020330016 DANLEY KALEN J 1221 OLIVE ST W STILLWATER MN 55082 x 0.5 0.5 $3,791.00 03,791.00 1221 OLIVE ST W 2803020330019 CEDARBLOOM DWAIN J & BETTY J 1206 OAK ST W STILLWATER MN 55082 x 1.0 1,0 07,582.00 07,582.00 1206 OAK ST W 2803020330025 MILLER JOHN J & SUSAN A 8685 EAGLE POINT BLVD LAKE ELMO MN 55042 x 0.5 0.5 63,791.00 $3,791.00 1202 OAK ST W 2803020330026 CLAREY JON S & CHARLES A CLAREY 1204 OAK ST STILLWATER MN 55082 x 1.0 1.0 67.582.00 $7,582.00 1204 OAK ST W 2803020330099 TUENGE GREGORY R 1203 OAK ST W STILLWATER MN 55082 x 0.5 0,5 03,791.00 $3.791.00 1203 OAK ST W 2803020330100 CHIAL DEBRA M 1207 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7,582.00 $7,582.00 1207 OAK ST W 2803020330101 ROSS GREGORY H & CATHLEEN A 1215 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7,582.00 07,582.00 1215 OAK ST W 2803020330102 STENBERG DAVID A & SUSAN M 1219 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7.582,00 57,582.00 1219 OAK ST W 2803020330103 WILKE DIETRICH & MEGHAN RADKE 1225 OAK ST W STILLWATER MN 55082. x 1.0 1.0 $7.582,00 $7,582.00 1225 OAK ST W 2803020330104 ZEHR JOHN & OLGA H 1224 PINE ST W STILLWATER MN 55082 x 0.5 0.5 $3,791.00 63,791.00 1224 PINE ST W 2803020340008 RHEINBERGER MARGARET M TRS 818 W OLIVE ST STILLWATER MN 55082 x 0.5 0,5 $3.791.00 $3,791.00 818 OLIVE ST W 2803020340018 SONNEN THOMAS A & SHELLY R 819 OLIVE ST W STILLWATER MN 55082 x 0.5 0.5 $3,791.00 $3.791.00 819 OLIVE ST W 2803020340105 NELSEN NORA & JOHN L 824 OAK ST W STILLWATER MN 55082 x 0.5 0.5 03,791.00 $3,791.00 824 OAK ST W 2903020430004 BENZ KARL L 8. GLORIA 1703 OLIVE ST S STILLWATER MN 55082 _ x 0.5 0.50 52,800.22 $2.800.22 1703 OLIVE ST W 2903020430010 JOHNSON JEFFREY & LORI 1708 OAK ST W STILLWATER MN 55082 x 1.0 1.0 57,582.00 $7,582.00 1708 OAK ST W 2903020430011 CHIRPICH JAMESP 1704 OAK ST W STILLWATER MN 55082 x 1.0 1.0 57,582.00 57,582.00 1704 OAK ST W 2 90302 043001 2 ALLEN GREGORY N & MAUREEN E 1702 OAK ST W STILLWATER MN 55082 x x 1.0 0.50 0.5 $6,591.22 06,591.22 1702 OAK ST W 2903020430013 HALVERSON HARVEY R & KARLA J 10510 60TH ST N STILLWATER MN 55082 x 1.0 1.0 $7.582.00 57.582.00 1706 OAK ST W 2903020430014 LOIDA DONALD J JR & DEBORAH L 1705 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7,582.00 $7,582.00 1705 OAK ST W 2903020430015 BELL JON A ETAL 1703 W OAK ST STILLWATER MN 55082 x 1.0 1.0 57,582.00 $7,582.00 1703 OAK ST W 2903020430016 SINN JOEL D 412 SEELEY ST STILLWATER MN 55082 x 1,0 1.0 $7,582.00 $7,582.00 412 SEELEY ST S 2903020430017 HEFFRON DANIEL A 4350 RIVER RDS AFTON MN 55001 x 1.0 1.0 $7,582.00 57,582.00 420 SEELEY ST S 2903020430018 GLASER SHAWN M & TRACI 424 SEELEY ST S STILLWATER MN 55082 x 0.5 0.5 $3,791.00 $3,791.00 424 SEELEY ST S 2903020440009 SE -TAC PROPERTIES LLC 2000 INDUSTRIAL BLVD STILLWATER MN 55082 x 0.5 0.5 $3.791.00 $3.791.00 1301 OLIVE ST W 2903020440014 WELLER MATTHEW J 1301 DRIVING PARK RD STILLWATER MN 55082 x 0.5 0.5 $3,791.00 $3,791.00 1321 OLIVE ST W 2903020440015 BLAISDELL PAUL R & JANICE M 313 GROVE ST 6 STILLWATER MN 55082 x 1.0 1.0 67.58200 $7,582.00 313 GROVE ST S 2903020440016 BIGGER JUSTIN I & KRISHELL 1794 MCKUSICK ROAD CTP STILLWATER MN 55082 x 1.0 1.0 07,582.00 $2.835.00 010,417.00 1316 OAK ST W 2903020440017 WEBB ERNEST W & MARILYNN J 1322 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7,582.00 07,582.00 1322 OAK ST W 2903020440018 KRUSE TIMOTHY J 1304 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7.582.00 $7.582.00 1304 OAK ST W 2903020440019 KIMBALL MELANIE S 1310 OAK ST W STILLWATER MN 55082 x 1.0 1.0 $7,582.00 $7.582.00 1310 OAK ST W 2903020440020 HANSON TYLER & KRISTINA 302 CENTER ST S STILLWATER MN 55082 x 1.0 1.0 $7,582.00 $7.582.00 302 CENTER ST S 2903020440023 DAY ELIZABETH J 1303 OAK ST W STILLWATER MN 55082 x 1.0 1.0 67,582.00 $7,582.00 1303 OAK ST W 2903020440024 NELSON HEATHER L 1307 OAK ST STILLWATER MN 55082 x 1.0 1.0 $7.582.00 $7.582.00 1307 OAK ST W 2903020440025 GROSS HEATHER 408 CENTER ST S STILLWATER MN 55082 x 1.0 1.0 57,582.00 $7,582.00 408 CENTER ST S 2017-02 1 of 3 3/17/2017 RECONSTRUCT PROJECT GEO TAXPAYER NAME ADDRESS CITY Partial Total Unit Partial Unit Total LF STREET ASMI1H2O SERVICE' AN. SERVICE TOTAL ASMT PROPERTY ADDRESS 2903020440026 MCCARTHY GEOFFREY ALLEN 1304 PINE ST W STILLWATER MN 55082 x 0.5 0.5 $3.791,00 $3.791.00 1304 PINE ST W 2903020440029 KAGAN GREGORY & JULIE BENNETT 411 GROVE ST S STILLWATER MN 55052 x 0.5 0,5 $3,791.00 $3,791.00 1322 PINE ST W 2903020440030 KAGAN GREGORY & JULIE BENNETT 411 GROVE STS STILLWATER MN 55082 x 1.0 1.0 _ 57,582.00 $2.835,00 $10,417.00 411 GROVE ST S 2903020440031 _ HALLAS JAMES M 403 GROVE ST S STILLWATER MN 55082 x 1.0 1.0 $7582.00 $7.582.00 403 GROVE ST 5 2903020440036 RUSTIN CHAD E & DVORAK ERIN L 412 GROVE ST _ STILLWATER MN 55082 x 1.0 1.0 $7.582.00 $2.835,00 $10,417.00 412 GROVE ST S 2903020440037 WRIGHT JEFFERY B & DIANE M 416 GROVE ST S STILLWATER MN 55082 x 1.0 1.0 1 $7,582.00 $2,835.00 $10.417.00 416 GROVE ST 5 2903020440038 OLSON JANN C & JANET I 1418 W PINE ST STILLWATER MN 55082 x 05 05 $3,791.00 $3.791.00 1418 PINE ST W 2903020440039 ZINNEL ZACHARY W 415 HEMLOCK ST 5 STILLWATER MN 5.5082 x 1.0 1 1.0 $7582.00 $7.582.00 415 HEMLOCK S7 5 2903020440040 KLAASSEN SCOTT L & PATRICIA 409 S HEMLOCK ST STILLWATER MN 55082 x 1.0 1.0 $7.582.00 $2,835.00 $10,417.00 409 HEMLOCK S7 5 2903020440041 OLSON ROXANNE L 403 HEMLOCK ST S STILLWATER MN 55082 x _1L 1L $7.582.00 $7582.00 403 HEMLOCK S7 5 2903020440042 CARDINAL RONALD & STACYJO FRANK( 424 GROVE ST S STILLWATER MN 55082 x 0.5 0.5 $3,791.00 $3,791.00 424 GROVE ST 9 2903020440043 MAIN JEFFREY L & DEBRA A 1405 W OLIVE ST STILLWATER MN 55082 x 05 0.5 $3,791.00 $3,791.00 1405 OLIVE ST W 2903020440044 MAIN JEFFREY L & DEBRA A 1405 W OLIVE ST STILLWATER MN 55082 2903020440047 'HENNES DAVID JOSEPH 1423 W OLIVE ST STILLWATER MN 55082 x 0,5 0.50 52,800.22 $250022_ 1423 OLIVE ST W 2903020440048 HILL MATTHEW & LEA M MICHAUD 315 HEMLOCK ST 9 STILLWATER MN 55082 x 1.0 1.00 55,60043 $5.60043 315 HEMLOCK ST S ' 2903020440049 GOULET GILMORE F & MARJORIE 321 HEMLOCK ST S STILLWATER MN 55082 x 1.0 1.00 $5,60043 $5,600.43 321 HEMLOCK ST 5 2903020440051 PEDERSON JOHN T & NANETTE M 316 GROVE ST S STILLWATER MN 55082 x 1.0 _ 1.0 57,582.00 57,582.00 316 GROVE ST S 2903020440070 DURAND PAULA 1503 OLIVE ST W STILLWATER MN 55082 x 0.5 0.50 $2,800.22 52500,22 , 1503 OLIVE ST W 2903020440072 MYRAN RICHARD K & FRANCES M 1521 OLIVE ST W STILLWATER MN 55082 x 0.5 0.50 52500.22 $250022 1521 OLIVE ST W' 2903020440073 THOMAS L LARSON REV TRS 321 BRICK ST S STILLWATER MN 55082 x x 1.0 0.50 0.5 $6,591.22 _ $6,591.22 321 BRICK ST 5 2903020440074 WIELAND THOMAS J & DARLENE A 1520 OAK ST W STILLWATER MN 55082 x 1.0 1.0 57.582.00 57.582.00 2903020440075 WIELAND THOMAS J & DARLENE A 1520 OAK ST W 'STILLWATER MN 55082 1520 OAK ST W 2903020440076 LAMB ROGER W & PAMELA K 320 S HEMLOCK ST STILLWATER MN 55082 x x 1.0 0.50 0.5 86,591.22 $6.591.22 320 HEMLOCK ST S 2903020440077 MISKOWIAK MICHAEL F & KELLY J 314 HEMLOCK ST S 1 STILLWATER MN 55082 x 1.0 1.00 $5,600.43 53,400.00 $9.000.43 314 HEMLOCK ST 5 2903020440078 CROWDER VIRGIL T & JANET L 406 HEMLOCK ST W STILLWATER MN 55082 x 1.0 1.0 $7,582.00 $7,582.00 406 HEMLOCK ST 5 2903020440079 JONES MONICA J & ROBERT C 410 HEMLOCK ST S STILLWATER MN 55082 x 1.0 1.0 $7,582.00 $2,835.00 $10,417.00 410 HEMLOCK ST 5 2903020440080 BROWN CHRISTOPHER T & SHARON 418 S HEMLOCK ST STILLWATER MN 55082 x 1.0 1.0 $7582.00 57,582.00 418 HEMLOCK ST 5 2903020440081 FORSBERG MARCIA & BENNETT ROSEN 1504 PINE ST W STILLWATER MN 55082 x 0.5 _ 0.5 53,791.00 53,791 00 1504 PINE ST W 2903020440082 TATE JAMES T & NANNETTE 1529 W OLIVE ST STILLWATER MN 55082_ x _ 0.5 0.50 52=8110.22 $2,800.22 157.9 OLIVE ST W 2903020440083 WHEELER JANICE L 320 S BRICK ST STILLWATER MN 55082 x x 1.0 0.50 0.5 56,591.22 $6,591.22 2903020440084 WHEELER JANICE L 320 S BRICK ST STILLWATER MN 55082 320 BRICK ST 5 2903020440087 MCEVOY CARSON & JESSICA HANSON 1623 OLIVE ST W STILLWATER MN 55082: x 0.5 0.50 52,800.22 _ 52,800.22 1623 OLIVE _ 5T W 2903020440088 'GROVHOUG EUGENE H & SALLIE C 315 SEELEY ST S STILLWATER MN 55082 x 1,0 1.00 55,600.43 55,600.43 315 SEELEY ST 5 2903020440089 SCHMITZ AMANDA & CHRISTINE AFDAH 1618 OAK ST W STILLWATER MN 55082 x x 1.0 0.50 _ _ 0.5 $6,591.22 $6,591.22 1618 OAK ST W 2903020440090 DAVENPORT SCOTT A & JENNIFER L 1612 OAK ST W STILLWATER MN 55082 _ x 1.0 1.0 $7582.00 $7582.00 1612 OAK ST W 2903020440098 PALODICHUK LAURA E ETAL 403 BRICK ST S STILLWATER MN 55082' x x 1.0 _0.50 0,5 56,591.22 $6,591.22 403 BRICK ST 5 2903020440099 PARENT DARLENE K 411 BRICK ST S _ STILLWATER MN 55082 x 1.0 1.0 _ 85,600.43 55.600.43 411 BRICK ST 5 2903020440100 GRUNOW HARVEY A & JOYCE 427 BRICK ST S _ STILLWATER MN 55082 x 1.0 1.0 55,600.43 _ $5,600.43 427 BRICK ST S 2903020440101 HUNTLEY KRISTIN M _ 1514 PINE ST W STILLWATER MN 55082 x 0.5 0.5 52,800.22 $2,800.22 1514 _ PINE ST W 2903020440113 KRAFT RICHARD L & BARBARA J 404 BRICK ST S STILLWATER MN 55082 _ x x 1.0 0.50 0.5 $6,591.22 $6.591.22 404 BRICK ST 5 2903020440114 STINER DENNIS C & LARAE A 1611 OAK ST W STILLWATER MN 55082 x 1.0 1.0 57,582.00 $7582,00 1611 OAK ST W 2903020440115 HATCHITT TERRY A & DIANA R 1619 OAK ST W STILLWATER MN 55082 x 1.0 1.0 57,582.00 1 57582.00 1619 OAK ST W 2903020440116 THRON ROBERT C & DELORES E 15042 UPPER 63RD ST N STILLWATER MN 55082 x 1,0 _ 1.0 57.582.00 $7,582.00 415 SEELEY ST 5 2903020440117 TRS AGR OF SHELDON AND MARY MAN 1618 PINE ST W STILLWATER MN 55082 x 05 0.5 53,791.00 53,791.00 1618 PINE ST W 2903020440119 AMENT TIMOTHY A & KIM M 1604 W PINE ST _ STILLWATER MN 55082 x 0,5 0,5 52,800,22 $2500.22 1604 PINE ST W 2903020440120 GRAMENZ RYAN H & CHANTEL M 414 S BRICK ST _ STILLWATER MN 55082 x _ 1.0 1.0 $5,600.43 55,600.43 414 BRICK ST S 2903020440123 ROETTGER SUSAN B 322 GROVE ST S _ _ STILLWATER MN 55082 _ x 1.0 1.0 $7,582.00 $7.582.00 322 GROVE ST '5 2903020440124 MARTIN JOEL J 408 GROVE 5T 5 STILLWATER MN 55082 x 1.0 1.0 57,582.00 57552.00 408 GROVE_ ST 5 2903020440125 HARRIS GREGORY & FLORENCE 404 GROVE ST S STILLWATER MN 55082 x 1.0 1,0 $7,582.00 87,582.00 404 GROVE ST 5 3303020130028 J & D PROPERTY SOLUTIONS LLC 5655 HIGHLANDS TRL N LAKE ELMO MN 55042 x 0.5 ' 0.5 $2.800.22 52,800.22 1405 6TH ST 9 3303020130029 DAHLBERG JOHN & BRIDGETTE HASE 1401 6TH ST S STILLWATER MN 55082 x x 1.2 1.2 1.2 1.2 _ $6.720.52 56.720.52 56,720.52 $6,720.52 1401 1339 6TH 6TH ST ST 5 5 3303020130030 RUECKER PAUL A 1337 6TH ST S STILLWATER MN 55082 3303020130031 MARKWARDT MICHAEL) & CHARLENE 1333 6TH STS STILLWATER MN 55082 x 1.2 1.2 , 56,720.52 56,720.52 1333 6TH ST 5 3303020130032 DWAYNE NELSON TRS 822 2ND ST STILLWATER MN 555082 x 1.2 1.2 56,7220.52 $6.720.52 1325 6TH ST 5 330 30 20130033 CARLSON SCOTT W & BRENDA J 1478 W VIA DE LA GLORIA GREEN VALLEY A2 85622 x 0.6 0.6 $3,360.26 53.360.26 1317 6TH ST 5 3303020130034 CARLSON SCOTT W & BRENDA J 1478 W VIA DE LA GLORIA GREEN VALLEY AZ 85622 x 0.6 0 6 $3,360.26 $3,360.26 3303020130035 DICKMAN TODD M 1309 6TH ST S STILLWATER MN 55082 x 1.0 1.0 55,600.43 $5,600.43 1309 6TH ST 5 3303020130036 HILES TOD B & THERESA A 1303 6TH ST S STILLWATER MN 55082 x 0.5 0.5 $2500.22 $2.800.22 1303 6TH 5T 5 3303020130063 STEVEN M PEULEN TRS 1215 6TH ST S STILLWATER MN 55082 x 0.5 05 53.781.00 $3391.00 1215 6TH ST 5 3303020130064 STEVEN M PEULEN TRS 1215 6T1-1 ST S STILLWATER MN 55082 3303020130065 SWANSON KAY V 1211 S 6TH ST STILLWATER MN 55082 x 1.0 1.0 $7582.00 57582.00 $7582,00 1211 1209 6TH 8TH S7 ST S 5 3303020130066 ' FEDERAL NATIONAL MORTGAGE AS Of 14221 DALLAS PKWY #100C DALLAS TX 75254 x 1.0 1.0 J $7.56250 3303020130089 MARTINEAU PHILLIP & VIOLETA 1123 6TH ST S STILLWATER MN 55082 x 1.0 1.0 $7582,00 1 57,582.00 1123 6TH ST 5 3303020130070 OSWALD MICHAEL J & NANE 1 1 E J 1117 S 6TH ST STILLWATER MN 55082 x 1,0 1.0 57,582.00 $7,582.00 1117 6TH ST 9 3303020130073 ZIPPERLE ELIZABETH J 319 HANCOCK ST W STILLWATER MN 55082 x 0,5 0,5 $3.791.00 83,791.00 319 HANCOCK ST W 2017-02 2 of 3 3/17/2017 RECONSTRUCT PR GEO TAXPAYER NAME ADDRESS CITY Partial Total Volt Partial trait Tont LF STREET ASMTE 1120 SERVICE -AN. SERVICE TOTAL ASMT PROPERTY ADDRESS 3303020130074 VINCENT MICHAEL E 910 191ST AVE NW OAK GROVE MN 55011 x 0.5 0.5 53,791.00 53,791.00 403 HANCOCK ST W 3303020130081 KIRSCHNER GENE M 12056Th} ST S STILLWATER MN 55082 x 1,0 1.0 57.582.00 57,582,00 1205 6TH ST S 3303020130082 MOSERG BRIAN & SHERRY CONROY 1111 6TH STS STILLWATER MN 55082 x 1.0 1.0 S7,582.00 57.582,00 1111 6TH ST 5 3303020130084 IS 834 STILLWATER 1875 GREELEY ST S STILLWATER MN 55082 X 439.87 534,965.27 534,985.27 1111 HOLCOMBE ST S 3303020240041 ISD 834 STILLWATER 1875 GR£EL£Y ST 5 STJLLWATER MN 55082 x 858,73 542,539.39 S42.539,39 523 MARSH ST W 2017-02 3 of 3 3/17/2017 tillwateL H E ITHPLACEOf- MINNESOTA CITY COUNCIL DATE: March 14, 2017 TO: Mayor & Council Members TOPIC: Short Term Home Rentals Ordinance FROM: Bill Turnblad, Community Development Director On March 8th the Planning Commission held a public hearing on the proposed Short Term Home Rentals Ordinance. But, discussion amongst the Planning Commissioners following the public testimony resulted in the need for additional information. So, the Commission tabled the case until their April 12 meeting. Consequently, the City Council Hearing on the ordinance should be tabled until April 18. ORDINANCE 1092 AN ORDINANCE AMENDING CHAPTER 56 OF THE STILLWATER CITY CODE, TAXES AND ASSESSMENTS, SECTION 56-5, LOCAL LODGING TAX The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 56-5, (1), "Effective Date" is hereby modified to read as follows: (1) Effective Date. This section will be in full force and effect from and after its date of publication and will establish the tax set forth in this section upon gross lodging receipts generated beginning on February 1st, 2017 and thereafter and, unless revised by action of the City Council, until January 1st, 2021, when the tax will sunset by operation of law. 2. SAVING. In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication according to law, and NUNC PRO TUNC on February 1st, 2017. Adopted by the City Council of the City of Stillwater this 21st day of March, 2017. CITY OF STILLWATER Michael Polehna, Vice Mayor Attest: Diane F. Ward, City Clerk i11watt THE BIRTHPLACE OF MINNESOTA TO: FROM: DATE: RE: Mayor & Council Members Bill Turnblad, Community Development Director March 17, 2017 Conservation Easement for former Aiple Property INTRODUCTION In February the City Council approved the Concept Park Plan for the former Aiple property. Prior to closing on the land and the City taking possession, there is one more action the City Council has to take. That is to enter into a Conservation Easement with the County over the property. COMMENTS Features of the easement include: 1. Use of the property will be passive in nature to complement the natural resource protection purposes of the State and County funds granted for the project. 2. By incorporating the Concept Plan into the easement, the option to re -purpose the former Aiple residence and detached garage are preserved. 3. In addition to the house and detached garage called out on the Concept plan, the easement specifically allows: a. Permeable connector paths or trails. b. Stream bank stabilization and water quality improvement structures, including temporary access routes and staging areas. c. Structures for passive recreational uses such as shore fishing, transient dockage, walk-in boat launching, permeable walking paths, nature observation and picnicking that protect the scenic and ecological values of the St. Croix River. d. An area of impermeable surface sufficient to meet Americans with Disabilities requirements, but assuring no increase of overall total area of impermeable surface than existed at the time of purchase of the Protected Property. 4. Utilities existing on the property can be maintained. Future stormwater and other utility improvements are possible if their impact on the environment is minimized and the County approves them before construction begins. 5. The amount of impervious surface on the property will be limited to the square footage that now exists. Although, where that impervious material is located can change as long as it is consistent with the Concept Plan. Aiple property Conservation Easement Page 2 REQUEST To continue moving toward a property purchase date by the end of March, as stipulated in the amended agreement with Washington County, staff requests Council to approve the Conservation Easement by adopting the attached resolution. bt Attachments: Resolution Easement CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING A CONSERVATION EASEMENT OVER THE FORMER AIPLE PROPERTY WHEREAS, on January 8, 2013 the City Council voted to join Washington County in an effort to purchase what is now the former Aiple property for public open space and passive park purposes; and WHEREAS, on May 7, 2013 the City Council approved a letter of support for a State LCCMR grant application submitted by Washington County for matching funds to purchase the property, and amongst the terms of the grant received, the City will: restore much of property to natural conditions and provide passive recreational uses; pay balance of purchase price to Washington County; own and maintain the property; and WHEREAS, on January 7, 2014 the City Council approved a purchase agreement with Washington County to pay the balance of the purchase price for the former Aiple property; and WHEREAS, prior to conveyance of the former Aiple property from Washington County to the City of Stillwater, a conservation easement must be recorded in favor of Washington County over it. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby adopts the conservation easement dated March 21, 2017 encumbering the former Aiple property. Adopted by the City Council of the City of Stillwater this 21st day of March, 2017. ATTEST: Diane F. Ward, City Clerk Michael Polehna, Vice Mayor DEED RESTRICTION AS A CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is granted on this date by the City of Stillwater, ("Buyer"), to the County of Washington, body politic and corporate, ("Seller"), subject to the terms and conditions outlined herein. I. RECITALS A. Seller County of Washington is the owner of 15 acres of real property, herein referred to as "Protected Property" in Washington County, Minnesota, which is particularly described in Exhibit A and generally depicted on the Property Map in Exhibit B. Both exhibits are attached to this conservation easement and incorporated herein by this reference. The County of Washington, a body politic and corporate, is qualified to acquire and hold conservation easements under Minnesota Statutes Chapter 84C and Section 170(h)(3) of the Internal Revenue Code of 1986, any amendments and any regulations promulgated thereunder. B. Protected Property The Protected Property (Washington County PIN 21.030.20.41.0026), formerly known as the Aiple property, has approximately 3,300 feet of a largely wooded shoreline sloping toward the St. Croix River and containing a beach. It lies within the Lower St. Croix National Scenic Riverway District as an elongated and rectangular piece of land just north of the former Minnesota Zephyr depot in downtown Stillwater. The Browns Creek Trail that opened in the fall of 2014 runs parallel with the property to connect downtown Stillwater to the Gateway Trail. Generally, the terrain slopes steeply upward approximately 10 feet from the St. Croix River to an area of level terrain that ranges from 75 to 200 feet in width throughout the parcel. The remainder of the parcel slopes steeply upward west approximately 30 feet to the Brown's Creek Trail in the northerly portion of the property and gradually declines in elevation to grade level in the southerly portion of the property. There is a stream located along the westerly portion of the property, which flows north along the steeply sloping area. This stream flows into a small pond which then filters into a larger pond located in the northerly portion of the property. There is a dike located along the easterly embankment of the larger pond that separates the pond from the St. Croix River. Also located within the larger pond is an outlet control structure regulating the interaction of the pond and the St. Croix River. Heavily wooded areas are concentrated in the northerly portion and along the property boundaries with the central portion of the site consisting of moderate tree cover. Page 1 of 18 The Protected Property currently has one house located on it. The site also has an entrance gate, bituminous parking and driveway improvements, a stone retaining wall along the southerly elevation of the single-family residence, and numerous drainage pipes located in the hillside of the westerly sloping area. C. Conservation Values 1. Collectively and individually the following natural, scenic and ecological qualities and the open space character of the Protected Property comprise its "Conservation Values." There is public value in conserving the following aspects of the property with this Conservation Easement: a. The protection of this property assists in returning the property to a less developed state and enhancing its natural character, contributing to a larger complex of open space along the St. Croix River, within the City of Stillwater and in the St. Croix Valley. It provides scenic and open space views that are a pleasing contrast to surrounding development and are to be enjoyed by the general public from public rights-of-way, including bike trails, and through its use as a park. b. The protection of this property contributes to a larger scale effort to provide ecological connectivity and support biological diversity in the St. Croix River Watershed. c. The protection of this property helps protect air quality through its preservation of tree canopy. d. The protection of this property improves surface and ground water resources by limiting the physical degradation caused by soil movement and increased asphalting typically endured as part of the development process, and by reducing the volume of runoff and potential flooding. It further enhances the ecosystem's ability to clean water and reduce concentrations of substances produced by society by maintaining an area for infiltration and natural treatment of storm water in the watershed. e. The protection of this property prevents privatization of access to this segment of the St. Croix River. 2. These Conservation Values of the Protected Property are further set forth in the Baseline Property Report dated March 21, 2017 that the parties acknowledge accurately represents the present condition of the Protected Property. Each of the parties has a copy of the Baseline Property Report. The Seller will use the Baseline Property Report as the basis for monitoring subsequent uses of the Protected Property and enforcing the terms of this Conservation Easement. 3. These Conservation Values have not been and are not likely to be significantly impaired by the continuous use of the Protected Property as described above or as authorized in this Conservation Easement. 4. The preservation and protection of these Conservation Values will provide significant benefit to the public. D. Conservation Policy Preservation of the Protected Property will further the governmental policies established by the following: Page 2 of 18 1. The Federal Government allows the County of Washington to acquire and hold easements through Section 170(h) (3) of the Internal Revenue Code of 1986, including any amendments and regulations promulgated thereunder. 2. The State of Minnesota through Statute Chapter 84C authorizes the State and political subdivisions thereof, as well as nonprofit organizations to preserve, acquire or hold lands for open -space uses, which specifically include farmland, wetlands, native or restored prairie, or lands deemed critical to protecting soil, water quality, and enhancing fish and wildlife habitat; and that actions pursuant to these purposes are for the public health, safety, and general welfare of the citizens of the State of Minnesota and for the promotion of sound land development by preserving suitable open spaces. 3. The State of Minnesota's Environment and Natural Resources Trust Fund (ENRTF) is a permanent fund constitutionally established by the citizens of Minnesota to assist in the protection, conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife, and other natural resources. Currently forty percent of net Minnesota State Lottery proceeds are dedicated to building the Trust Fund and ensuring future benefits for Minnesota's environment and natural resources. This project was partially funded by the ENRTF through the Legislative -Citizen Commission on Minnesota Resources. 4. The Washington County Board of Commissioners through adoption of Ordinance 175 Acquisition of Development Rights has declared public open -space benefits result from the protection and conservation of natural areas including the protection of scenic areas for public visual enjoyment from public rights-of- way; that the conservation and protection of restored natural areas as valued natural and ecological resources provide needed open spaces for clean air and clean water as well as for aesthetic purposes; that public benefit will result from the conservation, protection, management and improvement of natural areas; and that the preservation of open -space is vital to the public interest of Washington County through its economic, environmental, cultural and scenic benefits. 5. The Geologic Atlas of Washington County assigns more than half of the Protected Property a rating of "highest sensitivity" of the ground water systems to pollution, meaning that pollutants in this area can reach ground water in a very short time. 6. The City of Stillwater's Comprehensive Plan has established goals to protect, enhance and improve public access to the St. Croix Rver as a natural open space system and recreation resource. The City's Master Trail Plan recognizes the need for support functions and sites for the Browns Creek State Trail. The Protected Property will provide opportunities for trail user rest areas and river valley views for trail users. E. Conservation Intent 1. Buyer shall reasonably attempt to protect in perpetuity, natural areas and ecologically significant land for aesthetic, ecological, agricultural, scientific, and educational purposes pursuant to the terms of this Conservation Easement. 2. Buyer desires and intends the open -space character of the Protected Property be preserved, protected and maintained in perpetuity. 3. Buyer agrees to honor and defend the intentions of Seller stated herein and to preserve and protect in perpetuity the open -space values of the Protected Property. 4. Seller desires and intends to place restrictions upon the use of the Protected Property and by transferring to the Buyer the Seller creates a Conservation Easement, on, over and across the Protected Page 3 of 18 Property affirming rights to ensure the preservation of the natural elements and values of the Protected Property. The easement shall survive transfer of the property from the Seller to the Buyer. 5. Buyer recognizes the right of the Seller to protect the ecological values of the Protected Property in perpetuity and to prevent or to remedy activities or uses that are inconsistent with the terms of this Conservation Easement. II. CONVEYANCE OF CONSERVATION EASEMENT A. Conveyance The Buyer in consideration of the facts recited above, the mutual covenants contained herein and other good and valuable consideration and pursuant to Minnesota Statutes Chapter 84C, and other applicable Minnesota laws, does hereby recognize and agree the Seller, its successors or assigns, forever maintains a Conservation Easement in perpetuity over the Protected Property subject to the following rights, terms and restrictions. B. Conservation Values and Purposes The Conservation Purpose of this Conservation Easement is to preserve and protect in perpetuity the Conservation Values of the Protected Property and the Public Benefit of this Conservation Easement identified in sections I.C. and II. C. by confining the development, management and use of the Protected Property to activities that are consistent with the preservation of these Conservation Values, by prohibiting activities that significantly impair or interfere with these Conservation Values, and by providing for remedies in the event of any violation of this Conservation Easement. These Conservation Values have not been and are not likely to be adversely affected to any substantial extent by the continued use of the Protected Property as authorized below or by the use, maintenance, or construction of those structures and improvements that presently exist on the Protected Property or that are authorized below. C. Public Benefit This Conservation Easement is specifically intended to provide a significant public benefit by furthering the following recreational and conservation purposes: 1. Protects and enhances a significant natural area in the City of Stillwater. 2. Provides public open space in downtown Stillwater. 3. Reduces impervious surface where possible and in no instance increases the current amount of impervious surface, and provides for infiltration and natural storm water treatment to provide protection to ground water aquifers and surface water. III. AFFIRMATIVE RIGHTS To accomplish the Conservation Purposes of this Conservation Easement and to preserve and protect the Conservation Values of the Protected Property the Buyer agrees the Seller and its successors or assigns maintain the following rights after transfer of the property. Page 4 of 18 A. Right of Enforcement and Remedies The Seller has the right to enforce by proceedings at law or in equity the covenants contained in this Conservation Easement. This right includes, but shall not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Protected Property to its prior or more natural condition; to enjoin such non-compliance by temporary or permanent injunction; and to recover any damages arising from such non-compliance. Such damages when recovered may be applied by the Seller in its discretion to corrective action on the Protected Property, if necessary. If such court determines the Buyer, its successors, liens, or assigns, has failed to comply with this Conservation Easement, Buyer, its successors, liens, or assigns, shall reimburse Seller for any reasonable costs of enforcement including costs of restoration, court costs, and reasonable attorney's fees in addition to any other payments ordered by such court. These remedies are cumulative and available without requiring the Seller to prove actual damage to the Conservation Values and Conservation Purposes of the Protected Property. The Seller is entitled to seek expedited relief ex parte if necessary and shall not be required to post any bond applicable to a petition for such relief. B. Written Notice If the Seller becomes aware of an event or circumstance of non-compliance with the terms and conditions set forth in this Conservation Easement, the Seller shall give written notice to the Buyer, its successors, liens or assigns, at the address set forth below of such event or circumstance of non-compliance and to restore the Protected Property to its previous condition. Failure by the Buyer, its successors, liens or assigns, to cause discontinuance, abatement or such other corrective action as may be requested by the Seller within thirty (30) days after receipt of notice shall entitle Seller to bring an action as authorized in this Conservation Easement. The written notification requirements contained in this section, III.B. shall not apply if in the sole discretion of the Seller, immediate judicial action is necessary to prevent or mitigate significant damage to the Protected Property or if reasonable, good faith efforts to notify the Buyer, its successors, liens, or assigns, are unsuccessful. C. Discretionary Enforcement The Seller does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this Conservation Easement on the Protected Property by any failure to act and Buyer, its successors, liens, or assigns, waives any defense of laches with respect to any delay by the Seller in acting to enforce any of the provisions or exercise any rights under this Conservation Easement. D. Acts beyond Buyer's Control Nothing in this Conservation Easement shall be construed to entitle the Seller to institute any enforcement proceeding against the Buyer, its successors, liens, or assigns, for any changes to the Protected Property due to causes beyond the Buyer's, its successors, liens, or assigns, control, such as changes caused by fire, flood, storm, civil authorities undertaking emergency action or third parties not under the control or supervision of, or not acting with the consent of, the Buyer, its successors, liens, or assigns. This provision does not preclude the Buyer, its successors, liens, or assigns, or the Seller, its successors or assigns, from recovering damages or bringing an action against any third party for trespass or other violation of their respective rights in this Conservation Easement or in the Protected Property. E. Right to Enter The right is granted for designated representatives of and chosen by the Seller to enter the Protected Property in a reasonable manner and time to conduct monitoring and management evaluations annually and pursuant to a complaint to determine easement compliance; to obtain evidence for use in seeking judicial or other enforcement of this Conservation Easement; and to otherwise exercise its rights under this Conservation Easement. The Seller shall give reasonable prior notice to Buyer of all such entries, shall make reasonable attempts to have the Buyer present, and shall not unreasonably interfere with Buyer's, its successors, liens, or assigns, use and quiet enjoyment of the Protected Property. Page 5 of 18 F. Right to Report The Seller in addition to other remedies shall have the right to report any environmental concerns or conditions or any actual or potential violations of any environmental or other laws to appropriate regulatory or law enforcement agencies. G. Enforcement Rights of Others Nothing in this Conservation Easement is intended to create any right to enforce this Conservation Easement in any third party where no such right otherwise exists under this Conservation Easement or under law. IV. RESERVED RIGHTS A. Recreational Facilities Buyer has the right to implement, plant, construct and maintain the following low impact recreational and public gathering uses where appropriate and pursuant to the Concept Plan (attached as Exhibit C) for the Protected Property: 1) Native vegetation and trees. 2) Permeable connector paths or trails. 3) Stream bank stabilization and water quality improvement structures, including temporary access routes and staging areas. 4) Structures for passive recreational uses such as shore fishing, transient dockage, walk-in boat launching, permeable walking paths, nature observation and picnicking that protect the scenic and ecological values of the St. Croix River. 5) An area of impermeable surface sufficient to meet Americans with Disabilities requirements, but assuring no increase of overall total area of impermeable surface than existed at the time of purchase of the Protected Property. B. All Other Rights Buyer reserves for the Buyer, its successors, liens or assigns, all rights as owner of the Protected Property inclusive of rights to locate and maintain recreational facilities as noted in Section IV.A. except the right to undertake any activities that are expressly and specifically prohibited by this Conservation Easement. The Buyer, its successors or assigns, may not exercise these rights in a manner that would adversely impact the Conservation Values of the Protected Property. C. Notification Buyer, its successors, liens, or assigns, agrees to notify the Seller, its successors or assigns in writing before exercising any reserved right that may have an adverse impact on the natural characteristics or ecological and aesthetic features of the Protected Property protected by this Conservation Easement. V. COVENANTS IN FURTHERANCE of the foregoing affirmative rights, Buyer intends that rights under this Conservation Easement conveyed to the Seller on behalf of the public shall continue to exist in perpetuity. Buyer makes Page 6 of 18 the following covenants on behalf of the Buyer, its successors, liens or assigns, which covenants shall run with and bind the Protected Property in perpetuity. A. Required Management and Master Plans All natural resource management, agricultural practices and recreational uses on the Protected Property shall be in accordance with the Master Plan. The Buyer will prepare a Master Plan for the property consistent with the Concept Plan and implement and conform to this plan. The Buyer may propose revisions to the Concept and Master plans and those revisions must be approved in writing by the Seller before becoming effective. As a condition of state funding, Buyer must also complete a Management Plan in order to not put its state funding of the property purchase at risk. B. Land Use 1. Any activity on or use of the Protected Property that is inconsistent with the Conservation Purposes and Public Benefits identified in sections I.C. and II.C. of this Conservation Easement is prohibited. 2. No residential use or development of the Protected Property is allowed. 3. No industrial activity is allowed on the Protected Property. 4. No commercial activity may be undertaken or allowed on the Protected Property except as allowed in section V.M.4 of this Conservation Easement. 5. No agricultural use is allowed on the Protected Property. C. Development Rights 1. No development rights in or to the Protected Property or any part thereof that have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights or used to obtain any regulatory mitigation credits. 2. No portion of the property shall be used to satisfy land area requirements for other property not subject to this Conservation Easement for purposes of calculating building density, lot coverage, or open space under otherwise applicable laws, regulations or ordinances controlling land use. D. Division of Property The Buyer, its successors, liens, or assigns, shall not divide, subdivide, or partition, either legally or physically, the Protected Property for any reason without the prior written approval of the Seller except for the purpose of correcting or adjusting a boundary line to resolve a marketable title or ownership dispute. If written approval is granted, any conveyance of the Protected Property is subject to the following terms. The enforceability or validity of this Conservation Easement shall not be impaired or limited by any failure of the Buyer, its successors, liens or assigns, to comply with this section (V.D). 1. Any conveyance or encumbrance of the Protected Property is subject to this Conservation Easement. 2. The Buyer, its successors, liens or assigns, shall reference or insert the terms of this Conservation Easement in any deed or other document by which the Buyer, its successors, liens or assigns, conveys title to or any interest in the Protected Property. Page 7 of 18 3. The Buyer, its successors, liens or assigns, will notify the Seller, its successors or assigns, of any conveyance within thirty (30) days after closing and will provide the Seller, its successors or assigns, with the name and address of the new owner and any party that has acquired an interest in the property and a copy of the deed transferring title or mortgage conveying an interest. E. Right of Way No right of passage across or upon the Protected Property shall be allowed or granted, if used in conjunction with residential, industrial, or commercial use or development of other land not protected by this Conservation Easement without the prior written approval of the Seller, which shall be recorded. F. Structures and Improvements 1. No house, garage, barn, mobile homes, or other structures or buildings shall be constructed or placed on the Protected Property except as needed to carry out activities permitted by this Conservation Easement and as specifically allowed for in the approved Concept Plan and Master Plan or specially permitted by Section IV of this agreement. 2. No poles, antenna, lights, towers, utility lines, piping, water towers or any other temporary or permanent structures shall be constructed or installed on the Protected Property except as needed to carry out activities permitted by this Conservation Easement or as specifically allowed for in the approved Master Plan, unless permitted by Section IV. of this agreement. Utilities existing on the property prior to November 2014 may be maintained by the Buyer. 3. New sanitary and storm sewers and electric and gas lines, not presently existing and needed to serve the Protected Property or other properties nearby may be permitted with the prior written approval of the Seller and shall be constructed underground and in a sensitive manner with minimal disturbance of vegetation and minimal grading. The surface shall be restored to a condition consistent with the Conservation Values and Conservation Purpose of the Conservation Easement and within a reasonable time frame agreed to in writing by the Seller. All utility easements shall be recorded. 4. No roads or parking lots of asphalt, bituminous, gravel, concrete or other materials shall be constructed or installed on the Protected Property except as to carry out activities permitted by this Conservation Easement and as specifically allowed for in the approved Master Plan or otherwise approved in writing by the Seller or permitted by Section IV. of this agreement. 5. Fencing may be constructed and maintained for the purposes of marking boundaries, securing the Protected Property, or carrying out activities permitted by this Conservation Easement or specifically allowed by Section IV. of this agreement or the approved Master Plan or otherwise approved in writing by the Seller. 6. Any outdoor light fixtures must minimize light emitted above the plane of the horizon of the fixture through the use of earthward directed or full cut-off fixtures or lamps with single or minimal -color light sources, or other equally effective fixtures designed to minimize light pollution. 7. Signs, billboards, and outdoor advertising structures shall not be placed or erected on the Protected Property except for small, unlighted signs for the purposes listed in section IV. For all signs permitted by this section, the location, number, size and design shall not significantly diminish the natural and scenic qualities of the Protected Property and shall be allowed in accordance with the approved Master Plan or otherwise approved in writing by the Seller. Signs may be allowed for the following purposes: Page 8 of 18 a. Displaying the name of the Protected Property. b. Announcing the existence of this Conservation Easement. c. Providing educational information to commemorate the importance of the Protected Property. d. Providing the name and address of the owner. e. Delineating the boundaries in order to prohibit trespass and to manage the property. f. Advertising any on-site activities permitted herein. G. Water Bodies and Courses 1. Reasonable manipulation or alteration of natural watercourses, lakes, shorelines, wetlands, springs or other surface or subsurface bodies of water is allowed to restore or enhance wildlife habitat or native biological communities or to improve or enhance the function and quality of existing wetlands and in accordance with the approved Master Plan. 2. No activities on or uses of the Protected Property that cause significant erosion or are seriously detrimental to water quality or purity are allowed. H. Mining No mining, drilling, exploring for, or removing any minerals, sand, gravel, rock, or fossil fuels from the Protected Property is allowed. I. Surface Alteration 1. The commercial extraction of minerals by surface mining and the extraction and removal of topsoil from the Protected Property is prohibited. The extraction of subsurface or deep -mined minerals from the Protected Property, including natural gas and oil, and the noncommercial extraction of minerals, including limestone, shale, gravel, sand and other minerals is prohibited. 2. The topography of the Protected Property shall not be altered or changed in any manner, including ditching, draining, filling, excavation or removal of soil, sand, gravel rock or other materials except as incidental and reasonably required in the course of activities or uses permitted by this Conservation Easement or as specifically allowed for in the approved Master Plan. Any permitted alteration shall be undertaken with minimal grading and disturbance to vegetation and with the surface restored in a timely manner to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. J. Forest and Habitat Management 1. No removal, destroying, burning, cutting, mowing or altering of vegetation is allowed except as follows: a. To prevent or control insects, noxious weeds, invasive species, diseases, fire, personal injury, or property damage. b. As reasonably required to construct and maintain permitted buildings, structures, roads, trails and other improvements and provided that vegetation shall be restored following any construction to a condition consistent with the Conservation Values and Purposes of this Conservation Easement. c. To remove downed or dead timber. d. In conjunction with activities permitted by this Conservation Easement and as specifically allowed for in the approved Master Plan. Page 9 of 18 2. Timber and other wood products may be removed and vegetation may be managed on the Protected Property in accordance with the approved Master Plan approved in writing by the Seller. 3. Habitat for wildlife and native biological communities may be created, maintained, restored, or enhanced on the Protected Property in accordance with the approved Master Plan. 4. No plant or animal species shall be introduced on the Protected Property except those native species that are consistent with the protective purposes of this Conservation Easement and consistent with the approved Concept Plan and Master Plan. K. Animals No livestock or feedlots shall be permitted on the Protected Property except for activities or uses specifically allowed for by this Conservation Easement and in the approved Master Plan. A feedlot is defined as open ground or buildings or a combination of open ground and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate or where the concentration of animals is such that a vegetative cover cannot be maintained. Open lots for feeding and rearing poultry are considered feedlots. L. Waste Removal Use of the Protected Property for dumping, storage, processing or landfill of solid or hazardous wastes generated is prohibited, including without limitation, municipal sewage sludge and/or bio -solids application. This does not prohibit burning or composting of excess brush or other plant material resulting from activities permitted by this Conservation Easement. M. Recreational Use 1. Unpaved paths or foot trails may be established and maintained on the Protected Property for recreational uses and shall be established, maintained and used in a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Conservation Purposes of the Protected Property. No other trails shall be established and maintained on the Protected Property except as specifically allowed for in the approved Master Plan. 2. Motorized vehicles may be operated with the consent of the Buyer on the Protected Property only in the following manner a. On trails designated for their use. b. For city maintenance, emergency, Americans with Disabilities Act compliance and management purposes. c. In conjunction with the Master Plan or Management Plan operations or for habitat restoration or enhancement as prescribed in the approved Management Plan. d. In a manner that does not result in significant erosion or have an adverse impact on the Conservation Values and Purposes of the Protected Property. 3. The Protected Property may be used for hiking, cross-country skiing, picnicking, nature observation and interpretation or study, and other similar low impact recreational and educational programs or activities. Page 10 of 18 4. The Protected Property may not be used for more than minimal commercial recreation purposes. It is the intent of the parties to prevent the Protected Property from becoming the site of a commercial recreational enterprise, such as a commercial campground, a golf course, a commercial ski area, an exclusive hunting grounds or club, a commercial site for a snowmobiling, ATV motocross or other race track, a dressage field, or other similar intensive or predominantly commercial use, but this restriction shall not be construed to mean the occasional or casual use of or access to the Protected Property by individuals or groups who pay a fee to a guides, educators, outfitters or supervisors of outdoor recreation activities or who pay a fee for low -impact outdoor recreational uses. 5. Low -impact structures such as tents, trail barriers, benches, and informational kiosks may be placed on the Protected Property. 6. Structures and improvements to support the recreation uses permitted in this Conservation Easement shall be permitted as specifically described in the approved Concept Plan and Master Plan. Structures and improvements shall be placed and constructed in accordance with the following: a. All development shall be provided in a manner that does not compromise the Conservation Values and Purposes of the Protected Property. b. All development shall be in accordance with other provisions of this Conservation Easement. c. All development shall take advantage of the existing land forms and natural vegetation patterns. N. State Requirements Buyer acknowledges conducting certain activities on the Protected Property may require repayment, in accordance with Minnesota Statutes 116P.10, of the state's $1.25 million contribution toward the purchase of the property. According to this statute if a project supported by the fund results in net income from the sale of products or assets developed or acquired by an appropriation from the fund, the appropriation must be repaid to the fund in an amount equal to the percentage of the project's total funding provided by the fund. The commission may include in its legislative bill a recommendation to relinquish the income if a plan is approved for reinvestment of the income in the project or when the amount of the original grant or loan, plus interest, has been repaid to the fund. VI. GENERAL PROVISIONS A. Binding Effect This Conservation Easement creates a property right immediately vested in the Seller, its successors or assigns that cannot be terminated or extinguished except as set out herein. This Conservation Easement shall run with and burden the Protected Property in perpetuity and shall bind and inure to the benefit of the Seller, its successors, liens or assigns, and any and all other successors to it in interest and the Buyer, its successors or assigns. B. Property Transfer The Buyer, its successors, liens, or assigns, agrees that the terms, conditions, restrictions, and purposes of this Conservation Easement will be referenced by the Buyer, its successors, liens, or assigns, in any subsequent deed or other legal instrument by which the Buyer, its successors, liens, or assigns, transfers or divests the Buyer, its successors, liens, or assigns, of all or any part of the Buyer's, its successors, liens, or assigns, interest in the Protected Property, and that the Buyer, its successors, liens, or assigns, will give the Sellers written notice of any such transfer within thirty (30) days after closing. C. Notice and Approval 1. Any notice or request for approval required in this Conservation Easement shall be sent by certified mail or other courier providing reliable proof of delivery to the following addresses, such address(es) as Page 11 of 18 may be subsequently specified by notice in writing, and the party of record at the address of record in the Washington County Recorder's Office. Seller: Washington County June Mathiowetz, Land and Water Legacy Program Office of Administration P.O. Box 6 14949 62nd Street North Stillwater, MN 55082-0006 651-430-6000 Buyer: City of Stillwater Bill Turnblad Community Development Director 216 N. 4th Street Stillwater, MN 55082 651-430-8800 2. Unless otherwise specified in this Conservation Easement any required notice or request for approval must be delivered at least thirty (30) days prior to the date proposed for initiating the subject activity. 3. The notice or request for approval must include sufficient information to allow the Seller to make an informed decision on whether any proposed activity is consistent with the terms and Conservation Values and Conservation Purposes of this Conservation Easement. At a minimum this should include: the location, nature, and scope of the proposed activity; the proposed use, design, and location of any building, structure or improvement; and the potential impact on the Conservation Values and Purposes of the Protected Property. 4. Approval of the Seller must be in writing to be effective. D. Severability If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. E. Controlling Law 1. This Conservation Easement shall be governed by the laws of the State of Minnesota. 2. This Conservation Easement shall be enforceable by the Seller, its successors or assigns, and/or the State of Minnesota as provided in Minnesota Statute Sec.103F.515 Subd. 9 and/or by such other relief as may be authorized by law. Any ambiguities in this Conservation Easement shall be construed in a manner that best effectuates the purposes of protecting soil, improving water quality, and enhancing fish and wildlife habitat. F. Assignment The Seller may assign or transfer this Conservation Easement and the rights conveyed herein, provided that (1) the Seller requires as a condition of such transfer that the original conservation purposes of this Conservation Easement continue to be carried out in perpetuity; and (2) any assignment shall be made only to an organization qualified to acquire or hold a conservation easement at the time of the transfer under the provisions of Section 170(h)(3) of the Internal Revenue Code of 1986, as it may be amended from time to time, and any regulations promulgated thereunder. This Conservation Easement is fully valid and enforceable by any assignee or successor of the Seller whether assigned in whole or in part. The Seller will notify in writing the Buyer, its successors, liens, or assigns, of the assignment and will provide the Buyer, its successors, liens, or assigns, with the name and address of new holder. Page 12 of 18 G. Definition The terms "Buyer" and "Seller" as used in this Conservation Easement shall be deemed to include with respect to Buyer, its successors, liens or assigns; and with respect to the Seller, its successors or assigns. H. Amendment This Conservation Easement may be amended only in the event of unanticipated circumstances not specifically addressed by this Conservation Easement and only in the sole and exclusive judgment of the Seller that such amendment (i) furthers the purpose of this Conservation Easement, (ii) is not inconsistent with and will not adversely impact the conservation values protected by this Conservation Easement, (iii) does not affect the perpetual duration of the Conservation Easement or (iv) does not affect the validity of the Conservation Easement under Minnesota law or the status of Washington County under section 170(h) of the Internal Revenue Code. Any amendment or modification must be in writing and recorded in the same manner as this Conservation Easement. I. Ownership Responsibilities, Costs and Liabilities The Buyer, its successors, liens, or assigns, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property. The Buyer, its successors, liens, or assigns, agrees to indemnify and hold the Seller harmless from any and all costs or liability for any personal injury or property damage occurring on or related to the Protected Property or the existence of this Conservation Easement. 1. Taxes: Buyer, its successors, liens, or assigns, shall pay all taxes and assessments levied against the Protected Property including any taxes or assessments levied against the interest of the Seller established by this Conservation Easement. The Seller may, but is not obligated to, make any payment of taxes or assessments levied against the Protected Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Buyer, its successors, liens, or assigns, for such amounts. 2. Regulatory Compliance: All activities or construction permitted by this Conservation Easement shall be undertaken in accordance with applicable federal, state and local laws, regulations and ordinances and related agreements and nothing in this Conservation Easement shall be construed to exempt the Protected Property or the Buyer, its successors, liens, or assigns, from otherwise applicable laws or regulations. The Buyer, its successors, liens, or assigns, is solely responsible for obtaining any required governmental permits. 3. Future Environmental Condition: The Buyer, its successors, liens, or assigns, is solely responsible for the Buyer's, its successors, liens, or assigns, use or release on the Protected Property of any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, The Minnesota Environmental Response and Liability Act, or other similar successor federal, state or local law or regulation regarding responsibility for environmental conditions associated with contamination. The Buyer, its successors, liens, or assigns, shall take steps necessary to assure any needed containment or remediation resulting from any release of such substance and has the legal right to pursue any person or entity responsible for any such discharge. 4. Future Economic Condition: In conveying this Conservation Easement the Buyer has considered the possibility that uses of the Protected Property prohibited by this Conservation Easement may in the future become more economically valuable than uses permitted by this Conservation Easement and that neighboring properties may be put entirely to such prohibited uses. Such changes are not deemed to be circumstances justifying the extinguishment of this Conservation Easement as otherwise set forth above. Page 13 of 18 J. Termination If circumstances arise in the future such as to render the purposes of this easement impossible to accomplish, this easement can only be terminated or extinguished whether in whole or in part by judicial proceedings in a court of competent jurisdiction or by agreement executed by the parties, their successors, liens or assigns. K. Proceeds If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Seller is entitled to a portion of any proceeds in an amount equal to the fair market value of this Conservation Easement at the time of the extinguishment but no less than an amount equal to the proportionate value that this easement bears to the value of the Protected Property as a whole at the time of this conveyance, excluding the value of any permitted improvements made after the conveyance of this Conservation Easement. L. State and County Fund Repayment If this easement is extinguished, terminated, transferred, or sold in whole or in part then the Buyer agrees to a payment to the Seller in an amount that is equal to the amount of funds ($1,925,000) from the Washington County Land and Water Legacy program that paid for the 2014 purchase of the Protected Property to the landowner Ms. Elayne Aiple. In addition, if at any time, the State of Minnesota requires a repayment of the state funds ($1,250,000) provided through its Environment and Natural Resources Trust Fund for the 2014 purchase of the Protected Property, the obligation for the repayment will be paid by the Buyer. M. Termination of Rights and Obligations A party's rights and obligations under this Conservation Easement terminate upon transfer or termination of that parry's interest in the Conservation Easement or the protected property; provided, however, that any liability for acts or omissions occurring prior to the transfer or termination will survive that transfer or termination; provided further that the terms and conditions of this Conservation Easement shall continue to run with the land. N. Re-recording The Seller on behalf of the Buyer, its successors, liens, or assigns, shall execute, acknowledge and record or file any instruments necessary to assure the perpetual enforceability of this Conservation Easement. The Seller, its successors or assigns, may re-record this Conservation Easement or any other documents necessary to protect its rights under this Conservation Easement or to assure the perpetual enforceability of this Conservation Easement. O. Additional Documents The Buyer, its successors, liens or assigns, agrees to execute or provide any additional documents reasonably needed by the Seller, its successors or assigns, to carry out in perpetuity the provisions and the intent of this Conservation Easement, including, but not limited to any documents needed to correct any legal description or title matter or to comply with any federal, state, or local law, rule or regulation. P. Entire Agreement This document sets forth the entire agreement of the parties with respect to this easement and supercedes all prior discussions or understandings. Page 14 of 18 EXHIBIT A CONSERVATION EASEMENT LEGAL DESCRIPTION LEGAL DESCRIPTION (Aiple Deed to Washington County) Parcel A: All that part of Reserved in Block Fifty-one (51) of Carli and Schulenberg's Addition to Stillwater, as surveyed and platted and now on file and of record in the office of the Register of Deeds of Washington County, Minnesota; all that part of Lots Seven (7) and Eight (8), Block Thirty-two (32) of said Addition and the land lying East and in front of Blocks Fity-one (51), Thirty-two (32) and Seven (7) of said addition, and all that part of Lot One (1), Section Twenty-eight (28) Township Thirty (30) North, Range Twenty (20) West, and all that part of Tract Three (3) described in certificate of Title No. 48, issued by the Registrar of Titles of Washington County, Minnesota, on February 6, 1912, described as follows, to -wit: BEGINNING at the intersection of the Southerly line of East Laurel Street (extended easterly with the easterly line of the right of way of the Northern Pacific Railway Company); thence Northwesterly along said Easterly line of said right-of-way Thirty-seven hundred and eighty-five (3,785) feet, more or less, to its intersection with the Northerly line of East Poplar Street (extended easterly), thence Easterly along said Northerly line of said Poplar Street (extended) Two hundred and twenty-seven (227) feet, more or less, to the Westerly shore line of the St. Croix River, thence Southwesterly along said shoreline of said river to its intersection with the Southerly line of said Laurel Street (extended easterly), thence Westerly along said Southerly line of said Laurel Street Two hundred Ninety-two (292) feet, more or less, to the point of beginning, except the following: COMMENCING at the intersection of the southerly line of East Laurel Street (extended easterly) and the easterly right of way line of the Northern Pacific Railway Company for a point of beginning; thence Northerly along the said right of way line a distance of 540.35 feet to an iron pipe, thence Easterly at an angle of 90 degrees with the said right of way line to the shore line of Lake St. Croix thence Southerly along the shoreline of said Lake St. Croix to its intersection with the South line of Laurel Street (extended easterly), thence Westerly along the South line of Laurel Street (extended easterly) to the point of beginning; subject to all easements and rights-of-way of record. As amended by Myron Shepard's Perfected Plat of the City of Stillwater, dated May 21, 1878, Washington County, Minnesota. Parcel B: Easement for Driveway Purposes as currently laid out and traveled over and across the following described property as set forth in Easement Agreement dated November 24, 2014 filed December 22, 2014 as Document No. 4010636 in the office of the Washington County Recorder over: that portion of the BNSF Railway Company's (formerly Northern Pacific Railway Company) Stillwater Branch right of way, as now located in Section 21 and Section 28, in Township 30 North, Range 20 West, Fourth Principal Meridian. Page 15 of 18 EXHIBIT B Page 16 of 18 CONCEPT PLAN Site °" d'- Character EXHIBIT C Porta h le restroom Pedestrian connection to state trail. Gass surface to encourage pedestrian s from state trail to use park trail, but discourage bikers. Bike racks provided at (railhead for bikers who want to wall thepark trails Add a natural vegetation strip between driveway and creek where feasible Buffer residential use from park use with vegetation and topography Highlight natural pial and grotto as a feature / interpretive opportunity Improve existing path around former trout pond into ADA accessible natural surface trail loop, if economically and environmentally feasible Preserve former trout pond, possible reuse for tout/family fishing Extend and improve existing trail route and rehabilitate existing foot bridge feature Repurpose existing garage for beach and paddle craft put -in storage ADA accessible beach with paddle craft put -in ADA accessible fishing pier, utilize existing piles Drop-off tone with 2 ADA parking spaces for paddle craft put -in Improve existing lawn as picnic area, preserve or reputpose existing landscaping, potential for two 10'02' picnic shelters Preserve lawn, landscaping and trees, interpretive opportunity at I 1 old mill foundations. See Exhibit B for location and general use of structures in MB New pedestrian trail - natural surface Preserve trees, replace lawn with no -mow native grasses Improve existing tree -lined driveway for beach, paddle put -in, fishing pier and ADA parking access (occasional wider stretches needed to allow oncoming vehicles to pass by) 100 Year flood elevation Preserve stone gate pasts as entry monument Design entrance to encourage vehicles to park in lot, discourage driving into park see Exhibit Vehicular entrance Potential pedestrian trail segment Preserve densely vegetated area, long term opportunity for restoration Potential 20-24 space parking lot with portable restrooms {See Exhibit A for potential layout(. Consult MnDOT Oil R.O.W. uses NOTES: Shoreline stabilization/restoration needed in some areas A buffer strip of shoreline vegetation (native) to be established along much of the riverfront where feasible x Structures now existing or hereinafter constructed, must be used in furtherance of passive recreational uses such as shore fishing, transient dockage, walk in boat launch( walking paths, nature observation, picnicking and trail access, while protecting the scenic and ecological M yiedr, - . values of the St. Croix River, th N. State Trail amenity and in furtherance of the recreational needs of a national, state and local clientele. Park /downtown trail gateway Alternate fishing pier location GROTTO IPOOL NATURAL SURFACE TRAILS CANOE/KAYAK RENTAL PICNIC LAWN miREer dunwiddie Page 17 of 18 FEBRUARY 7. 2C11:7 Exhibit A CONCEPT PLAN EXHIBIT A Access paint same as current, but a 11 degree intersection created. Pa rk entrance Parking lotextens'an iri dark grey represents 24 potential spaces for the park. Parking lot in light grey to be txJnstructed by Theater. Page 18 of 18 BASELINE REPORT For a Conservation Easement Held by Washington County Benefitting the City of Stillwater 1513 Main Street North, Stillwater, MN 55082 (former Aiple property) March 21, 2017 Page 1 of 10 1513 Main Street N., Stillwater, MN 55082 (former Aiple property) CONSERVATION EASEMENT Location and Contact Information Landowner: City of Stillwater Mailing Address: 216 Fourth Street North Stillwater, MN 55082 Contact Person: Bill Turnblad, Community Development Director Phone Numbers: 651-430-8821 Property Address: 1513 Main Street North Stillwater, MN 55082 Property Identification Number: 2103020410026 Direction and Access to the Property: The property is located in northern Stillwater between Hwy 95 and the St. Croix River. The Brown's Creek State Trail runs along the western boundary of the parcel. A driveway into the property crosses Brown's Creek State Trail toward the house. The southern boundary of the property is adjacent to Stillwater Marina and Yacht Club and the northern boundary is adjacent to two parcels owned by Lakeview Harbor and Alan Hahn. Page 2 of 10 Table of Contents 1. Project Description a. Property Description b. Site Evaluation c. Washington County Agreement with the City of Stillwater d. Washington County Agreement Amendment with City of Stillwater 2. Maps and Photographs a. Property Map - Close Up b. Property Map - Context c. Topography Map d. Plat Map e. Survey f. Photographs of Property 3. Management Plan To be completed by the City of Stillwater as required by state funding 4. Monitoring Reports Template to be completed during annual inspections Page 3 of 10 Property Description 1513 Main Street N., Stillwater, MN The Protected Property referenced in this report (PIN 12.030.21.21.0005) is subject to a conservation easement held by Washington County. Property Location and Description The Protected Property is 14.95 acres and located in northern Stillwater between Hwy 95 and the St. Croix River. The Brown's Creek State Trail runs along the western boundary of the parcel. A driveway into the property crosses Brown's Creek State Trail and goes through a gate toward the house. The southern boundary of the property is adjacent to Stillwater Marina and Yacht Club and the northern boundary is adjacent to two parcels owned by Lakeview Harbor and Alan Hahn. It is located within the Lower St. Croix River Bluffland and Management Overlay District. The parcel is rectangular and elongated with approximately 3,300 feet of frontage on the St. Croix River and multiple levels of terrain. The 5.6 acres south of the gate are undeveloped and mostly covered with buckthorn and trees at the time of sale. The 9.35 acres north of the gate include a house, garage, driveway, turf grass, and pond. Generally, the terrain slopes steeply upward approximately ten feet from the St. Croix River to an area of level terrain. This area of level terrain ranges between 75 feet to 200 feet in width throughout the parcel. The remainder of the parcel slopes steeply upward to the west approximately 30 feet to the Brown's Creek Trail and gradually declines in elevation to grade level in the southerly portion of the property, which flows north along the steeply sloping area. This stream flows into a small pond, which then, filters into a larger pond located in the northerly portion of the property. There is a dike located along the easterly embankment of the larger pond, which separates the pond from the St. Croix River. Also located within the pond is an outlet control structure. This structure regulates the interaction of the pond and the St. Croix River. Heavily wooded areas are concentrated in the northerly portion of the subject and along the property boundaries, with the central portion of the site consisting of moderate tree cover. Acreage 14.95 acres Easement Date March 2017 Project Chronology 1) Landowner submits a letter to Washington County indicating an interest in selling the property for conservation purposes (12-18-12). 2) The Stillwater City Council votes to collaborate with Washington County in purchasing the Aiple property for conservation purposes and agrees to own and manage the project (1-8-13). 3) The Washington County Board authorizes submittal of a funding proposal to the Legislative Citizens Commission on Minnesota Resources (LCCMR) for $2.5 million by July 1, 2013 to provide matching funds to acquire the Aiple property. 4) The Stillwater City Council approves a letter of support for a LCCMR funding proposal submitted by Washington County for matching funds to purchase the property for a public park and in which the City agrees to restore much of the property to natural conditions, provide passive recreational uses, pay the balance of purchase price to Washington County, complete a management plan, and own and maintain the property (5-7-13). Page 4 of 10 5) The project is awarded $1.25 million in funds available beginning July 1, 2014 from the LCCMR. 6) Washington County and the City of Stillwater enter into a joint powers agreement effective until December 31, 2016, whereby the County agrees to take the lead in landowner negotiations and acquisition transactions and the City agrees to own and manage the property as a park (1-14-14). 7) Washington County has an appraisal completed (7-17-13). It is later updated to meet state funding requirements. 8) The Washington County Board directs staff on 12-3-13 to make an initial offer to landowner, discussions continue and landowner accepts final offer in a July 9, 2014 letter to the County. 9) The Stillwater City Council approves a purchase agreement with Washington County to pay the balance remaining after state funds and county funds are applied. Prior to conveyance of the former Aiple property from Washington County to the City of Stillwater, a conservation easement must be recorded and concept and master plans completed (1-7-14). 10) Washington County Board meets in Executive Session to provide direction on amount and conditions of the county's contribution. The intent is for the County to purchase the property initially and later transfer the property to the City of Stillwater after recording an easement on the property (1-14-14). 11) Washington County approves $4.3 million purchase agreement and lease providing landowner ability to remain on property (9-23-14). Contributions to the project are $1.25 million from the LCCMR, $1.925 million (plus other transactional costs) from Washington County and $1.125 million from the City of Stillwater. 12) Washington County closes on property (11-25-14). 13) The City of Stillwater convenes a focus group to assist with development of a Concept Plan (9-14-16). The focus group discusses site inventory, conditions and potential uses of the property. On November 3, 2016 the City holds a public community meeting to review the site inventory, conditions, focus group discussion, and brainstormed potential uses of the property. HKGi planning consultant group assists the City with the development of a Concept Plan based upon site visits, focus group discussions and comments from participants at these meetings (11-3-16). The City of Stillwater reconvenes the focus group to review and discuss a first draft of the Concept Plan (12-12-16). The Stillwater Park Commission reviews the draft Concept Plan and recommends approval (12-19-16). 14) Washington County and City of Stillwater amend their agreement to extend the deadline for conveyance of the property from the County to the City to March 31, 2017 (1-10-17). 15) The City Council reviews (1-17-17) and adopts the Concept Plan (2-7-17). 16) The City Council reviews the draft conservation easement (3-7-17). Conservation and Public Purposes This project meets the County's Land and Water Legacy referendum purposes to preserve wetlands and woodlands, protect drinking water sources; and improve water quality of rivers, lakes and streams; purchase parkland and protect land along water bodies from development. The public purposes being served by this particular project include: 1) The protection of this property assists in returning the property to a less developed state and enhance its natural character, contributing to a larger complex of open space along the St. Croix River, within the City of Stillwater and in the St. Croix Valley. It provides scenic and open space views that are a pleasing contrast Page 5 of 10 to surrounding development and are to be enjoyed by the general public from public rights-of-way, including bike trails, and through its use as a park. 2) The protection of this property contributes to a larger scale effort to provide ecological connectivity and support biological diversity in the St. Croix River Watershed. 3) The protection of this property helps protect air quality through its preservation of tree canopy. 4) The protection of this property improves surface and ground water resources by limiting the physical degradation caused by soil movement and increased asphalting typically endured as part of the development process, and by reducing the volume of runoff and potential flooding. It further enhances the ecosystem's ability to clean water and reduce concentrations of substances produced by society by maintaining an area for infiltration and natural treatment of storm water in the watershed. 5) The protection of this property prevents privatization of access to this segment of the St. Croix River. Existing Structures or Improvements As of the time of sale, the site has been improved with an entrance gate, bituminous parking and driveway improvements, a stone retaining wall along the southerly elevation of the single-family residence, and numerous drainage pipes are located in the hillside of the westerly sloping area. The property also contains a split entry, single-family residence, built in 1967, that has approximately 3,444 square feet of total finished area. There are four bedrooms, three and one-half baths, a sun room, patio, a desk, a two -stall attached garage, and a two -stall detached garage. Present/Intended Uses The City of Stillwater owns the property for the primary purposes of conservation and passive recreation. Its ownership and the Washington County's recording of an easement protect the property from development and an increase in impervious surfaces near the St. Croix River. The City plans to use the property for native vegetation, water quality or quantity improvement and management facilities, river bank stabilization and improvement systems and passive recreation. Boundaries and Adjacent Property Description The St. Croix River runs the entire length of the property's east side. The Brown's Creek State Trail runs along the western boundary of the parcel. The southern boundary of the property is adjacent to Stillwater Marina and Yacht Club and the northern boundary is adjacent to two parcels owned by Lakeview Harbor and Alan Hahn. Environmental Report A Phase I Environmental Assessment was completed in August of 2014 by Barr Engineering. The assessment revealed no evidence of recognized environmental conditions in connection with the property with the exception of: 1) a 55 -gallon steel drum; 2) historical use of the property as a sawmill, manufacturing facilities and rail yards; and 3) undocumented fill located on the northern half of the property, adjacent to the St. Croix River. All available historical information and maps were also reviewed. Field Visits By: Jane Harper Date: September 14, 2012 By: June Mathiowetz, Washington County Administration, Land and Water Legacy Program Date: October 11, 2016 Page 6 of 10 1 Photos By: June Mathiowetz, Washington County Administration, Land and Water Legacy Program Date: March 17October 11, 20167 Report Author June Mathiowetz Washington County Administration, Land and Water Legacy Program Date: March 21g, 2017 Date Report Completed I, the landowner, have review the entire Property Report and declare that it accurately reflects the condition of the Protected Land at the time of recording this conservation easement. Owner Date Washington County Date Page 7 of 10 Land and Water Legacy Program Site Evaluation Project Name: Aiple Property, City of Stillwater Project Description Fee purchase of 15 acres including 3,300 feet of St. Croix River shoreland Location PIN: 2103020410026 Located at north end of Stillwater, between Hwy 95 and the St. Croix River The Brown's Creek State Trail runs along the western boundary of the parcel Estimated Market Value for taxes payable in 2014: $1,129,600 ($801,100 land, $328,500 building) Current Zoning: • Single-family residential • Within Lower St. Croix River Bluffland and Management Overlay District with 100 foot shoreline setback 2030 Planned Land Use: low-density residential Current land covers and features: • 4-aAcres south of the gate are undeveloped and mostly covered with buckthorn • 12 aAcres north of the gate include the house, driveway, turf grass, manmade trout pond, and large docks LWLP Rating Low priority ranking for land protection in the LWLP Conservation Plan: 4 out of 30 points Special focus area: St. Croix River frontage General Criteria • Meets referendum purposes to improve water quality of rivers, lakes and streams; purchase parkland; and protect land along water bodies from development. • Public purposes served: protect surface waters of the St. Croix River, provide public recreational opportunities Ecological Criteria • Within 100 meters of and having a positive drainage to the St. Croix River (2 pts) • Parcel contains steep slopes with ground water seeps and highly erodible soils (1 pt) • Included on the Washington County Digital Flood Insurance Rate Maps (1 pt) • Public acquisition and the planned subsequent removal of the home and restoration of the turf and invasive species to a more natural condition will have positive impacts on the river environment such as improved ecological diversity and ecosystem connectivity; increased breeding and migratory habitat for waterfowl, shorebirds, and neo -tropical migrants; and better filtering and storage of storm and flood waters. (not scored) Other Considerations — not scored • Adjacency: Parcel is immediately adjacent to the Brown's Creek State Trail. • Connectivity: Restoration of this property will expand an existing corridor of natural lands along the St. Croix River and Brown's Creek that are owned in fee by the DNR and the NPS or are permanently protected via easements held by the NPS. The land would also connect to the river frontage currently owned by the City of Stillwater. • Conservation Priority: This acquisition is consistent with the Statewide Conservation and Preservation Plan goals to protect critical shorelands such as the St. Croix River. This property is located within the Lower St. Croix National Scenic Riverway District and is one of the longest stretches of St. Croix River frontage remaining in single ownership in the county. Page 8 of 10 • Public Use/Access: Public ownership of the property would enhance the trail users experience and provide additional recreational opportunities on the river. The city will own and manage the land as a nature park serving trail users, river users, tourists and area residents. The city will offer passive recreational uses such as shore fishing, transient dockage, walk-in boat launching, walking paths, nature observation, picnicking and trail access. • Leveraging Financial Resources: The city will provide some matching funds. The county has applied to the Legislative Citizen Commission on Minnesota Resources and the Lessard -Sams Outdoor Heritage Council for matching funds. • Imminence of Threat: The landowner is elderly and is seeking to sell her property. Project Proposal Washington County is partnering with the City of Stillwater to acquire 15 acres with 3,300 feet of frontage on the St. Croix River to preserve the ecological integrity of and increase the public access to the St. Croix River. In the summer of 2012 the landowner's attorney informed the county that she is very interested in selling her property along the St. Croix River to preserve the land. Over several months staff worked with other public agencies and conservation organizations to determine if there was interest in pursuing public ownership of all or a portion of the property and who would own and manage the property. The City of Stillwater agreed to own the property and manage it as a city park. Washington County agreed to take the lead in seeking matching funds and in carrying out the acquisition work. The county will retain an interest in the property in the form of a conservation easement. The county and city will work with key stakeholders including the Department of Natural Resources (DNR) and the National Park Service (NPS) to prepare a master plan for the recreational use and restoration of the property. An appraisal is currently underway. Other options considered: • The National Park Service is supportive of the project but it cannot acquire the property because it is outside the National Scenic Riverway District boundary. • The DNR thinks the property makes more sense as a city or regional park; it is too small and manicured for a state park and they don't need it for the Brown's Creek State Trail. The DNR supports the public acquisition of the property; it would be a nice trail amenity as many trail users look for places to rest in the shade when they get to the end of the trail. • Although the DNR is supportive of increased fishing opportunities that the property could provide, the agency's Aquatic Management Program has limited dollars for acquisition and management. The Program's priority is to acquire land that has had no shoreland modification and no structures. • Several years ago, the DNR considered this property for a water access site but the agency is now committed to developing a water access south of Stillwater after the bridge is completed. • The property is too small to be a regional park. The Met Council believes that the property is a better fit as a local park. Monitor: Page 9 of 10 Organization: Washington County Date: Conservation Easement Monitoring Report Property Owner: Address of Property: Address of Property Owner: Phone: Home Work Date of Monitoring Visit: Did the Property Owner (or Property Owner's representative) accompany the monitor? Yes No If yes, the name of person(s) accompanying the monitor: Property Status Has the property changed Property Owners since the last monitoring: Does the Property Owner have any plans to transfer or sell the land in the immediate future? Property Owner Concerns Does the Property owner have any questions or concerns? Percent Land Use How is the protected land currently being used? Have any human alterations occurred to the property since it was last monitored? Have any alterations occurred to the property by natural causes? Potential problems or specific areas to visit on future inspections (please give detailed information for next year's monitor). Easement Compliance Are there any areas of concern? (Signature of Monitor) Accompanied by: Date Page 10 of 10 BOARD AGENDA Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 MARCH 21, 2017 - 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility orfilncfion 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 Boardsecretaty or the County Administrator The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the fill Board ofCommissioners Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:10 Public Hearing — Public Works — Jan Lucke, Transportation Manager Counties Transit Improvement Board Dissolution and Implementation of a Transportation Sales Tax Pursuant to Minnesota Statute 297A.993 to Replace the Current Sales Tax Being Collected Pursuant to Minnesota Statute 297A.992 5. 9:40 General Administration — Molly O'Rourke, County Administrator Legislative Updates 6. 9:50 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8, 10:05 Adjourn 9. 10:10-10:40 Board Workshop with Property Records & Taxpayer Services — Bruce Munneke, County Assessor Discuss the Assessment Year 2017 / Pay 2018 Property Valuations 10:45 Personnel Committee Meeting Assistive fa -teeing devises are available for use in the County Board Room fr,.+. nand ncr,nlrrrn A.s ih rli:nn,d,. ni .on�r.«poI .w. &on.. non 104,1 [T/o FNVi EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * MARCH 21, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration Community Corrections Property Records and Taxpayer Services A. Approval of March 7, 2017 County Board Meeting Minutes. B. Approval to appoint Beth Mathiason to the Large Business Representative position of the Workforce Development Board to a partial first term expiring June 30, 2017. C. Approval to appoint Andrew Jackola, Birchwood Village, to the Community Corrections Advisory Board as the District 2 Representative, to a partial first term expiring December 31, 2018. D. Approval to appoint Matthew Darnold to the Mental Health Advisory Council to a partial first term expiring December 31, 2018. E. Approval to enter into a purchase of service agreement with Kurzweg Therapeutic Services, LLC, for Multisystemic Therapy services for the period of January 1, 2017 through December 31, 2017 up to an amount of $75,000. F. Approval of the plat of Hastings Point in Denmark Township. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County Board Room up ..41dIttati •rc.O.. nets (G.a on 'Lt.wa(+a Rsrwne .vaa s. raO M.SYI dirt AL1'$ EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER