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Home My WebLink About2017-06-20 CC Agenda Packet 216 41h Street N, Stillwater, MN 55082 'fillwater 651-430-8800 S" www.ci.stillwater.mn.us The Birthplace of Minnesota REVISED AGENDA CITY COUNCIL MEETING June 20, 2017 SPECIAL MEETING (CLOSED SESSION) 5:30 P.M. Pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute 13D.05,Subd. 3) REGULAR MEETING 7:00 P.M. I. CALL TO ORDER 11. ROLL CALL 111. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the June 6, 2017 regular, closed session and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS 2. Resolution 2017-115, Certificate of Appreciation Retirement- Chris Paul, Public Works 3. Washington County- Osgood Project Presentation (Resolution 2017-128 - Roll Call) 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 S minutes or less. VII. STAFF REPORTS 4. Police Chief S. 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 2017-116, directing payment of bills 13. Possible approval to purchase MDCs for Police Squads - MIS 14. Resolution 2017-117, approval of Labor Agreement between the City of Stillwater and the Minnesota Public Employee's Association(MNPEA) -Public Managers (Contract Available Tuesday) 15. Resolution 2017-118, approval of Labor Agreement between the City of Stillwater and the Stillwater Firefighter's Association 16. Resolution 2017-119, approval of Mutual Aid/joint Exercise of Powers Agreement between St. Croix County,Wisconsin Sheriffs Office and the Stillwater, Minnesota Police Department 17. Resolution 2017-120, accepting work and ordering final payment for 2016 Myrtle Street Lift Station Improvement Project (Project 2016-10) 18. Resolution 2017-121, approval of Findings of Fact and Order relating to denial of a Special Use Permit Amendment and noise waiver for Lion's Tavern, 324 South Main Street(Available Tuesday) 19. Resolution 2017-122, approval of the Development Agreement for "The Lakes" PUD (Available Tuesday) 20. Resolution 2017-123,approval of cooperative agreement with the City of Oak Park Heights for the Washington/Norell/Highway 36 feasibility study (Available Tuesday) 21. Resolution 2017-124, approval of agreement with Taylor Berman for public art proposal (Available Tuesday) 22. Resolution 2017-12S, reappointment to Board of Water Commissioners 23. Resolution 2017-126, a resolution adopting an amended assessment- Brown's Creek Cove 24. Resolution 2017-127, reappointment to Downtown Parking Commission 25.Resolution 2017-129, approval of Labor Agreement between the City of Stillwater and LELS Patrol Local#257 26.Resolution 2017-130, approval of Contract Amendment with SRF Consulting Group, Inc. for Downtown Stillwater Plan 27.Resolution 2017-131, approval of Labor Agreement between the City of Stillwater and LELS Police Sergeants Local#254 IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 28. Case No. 2017-22. This is the date and time for a public hearing to consider a request from the City of Stillwater for amendment to the City of Stillwater Comprehensive Plan specifically to the City's Downtown Framework Plan as required by the release of a Metropolitan Council System. Notice was published in the Stillwater Gazette on June 2, 2017. (Resolution - Roll Call) 29. This is the date and time to consider the proposed adoption of a modification to the Development Program for Development District No. 1,and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 12 within Development District No. 1, pursuant to and in accordance with Minn. Stat.§469.124 to§469.134 and§469.174 to§469.179.A copy of the modified Development Program and the Tax Increment Financing Plan for Tax Increment Financing District No. 12 are available upon request. Notice was published in the Stillwater Gazette on June 2, 2017. (Resolution - Roll Call) 30. This is the date and time to consider the proposed adoption of a modification to the Development Program for Development District No. 1,and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 13 within Development District No. 1, pursuant to and in accordance with Minn. Stat.§469.124 to§469.134 and§469.174 to§469.179.A copy of the modified Development Program and the Tax Increment Financing Plan for Tax Increment Financing District No. 13 are available upon request. Notice was published in the Stillwater Gazette on June 2, 2017. (Resolution - Roll Call) X. UNFINISHED BUSINESS 31. Possible approval of second reading of Ordinance 1096 amending Section 43-131 of the Stillwater City Code (Temporary Liquor License) (2nd reading- Ordinance- Roll Call) XI. NEW BUSINESS 32. Request for Waiver of prohibition on lessees operating a Short Term Home Rental Kari Patsy, Kari's Create &Paint Studio XII. PETITIONS, INDIVIDUALS, DELEGATIONS&COMMENDATIONS (continued) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 33. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT RESOLUTION 2017-116 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 $772,349.76 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 20th day of June, 2017, Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk EXHIBIT"A"TDRESOLUTION#2O17-125 Page LIST OF BILLS Azce|a |nc Community Development&web pmts 1,398.95 Ace Hardware Supplies 244.32 Action Rental Inc. Equipment rental 190.00 Advanced GrophixInc. Decals for helmets 130.00 Amdahl Locksmith Inc Chris Heavy duty mortice lock 1,042.00 Armor Security Inc. Quarterly Monitoring Service 84.00 Aspen Mills Uniforms 587.30 AutoNation Vehicle Repairs 59.68 Axel H. OhmanInc Police station 44990.10 Batteries Plus Bulbs Batteries 129.60 Brin6/eeMountain Fire Apparatus Broker sale of20U4Alexis Ford Mini Pumper 3,350.00 Brock White Co. LLC Supplies 999.12 Bruchu8rian Reimburse for uniforms 290.96 CCS Construction Inc Myrtle St Lift Station Improvements 16,072.52 [DVVGovernment Inc. Printer 2,078.05 Century Power Equipment Equipment repair supplies 62.80 City ofMaplewood Training house burn 650.00 Clog Un-8og8}erInc. Unclog pipe and drain'Police Dept 395.00 Cole Papers Janitorial supplies 576.67 Comcast Cab/e, Internet&Voice 571.09 Curb Masters Inc. Stain Floor 1,890.00 Diamond Vogel Paints Paint 238.50 ECM Publishers Publications 431.48 Emergency Response Solutions GC8Aflow test 1,96I50 Enterprise FIVITrust Lease vehicles 3,830.82 Fi|ipkowxkiA|yssa Refund ofovercharge 30.00 Fun Jumps Dunk tank and obstacle course 450.00 G & KServices Mats 537.77 GUrban Companies Inc Police station 22,878.09 Galls LLC Boots&supplies 408.36 Goodyear Commercial Tire Tires 475.55 Gopher State One Call Inc. Locates 487.35 HaussnurPlumbing LLC Bathroom repairs 285.00 Heritage Embroidery and Design Parking shirts 319.68 Heritage Printing Inc. Forms 205.08 Hurt]mmeU Park Fee Refund 100.00 Iceman Industries Inc. Liquid ice melt 4,150.00 Idea Center Report processing 428.00 Jackson &Associates Police Station 5,662.09 Jefferson Fire and Safety Inc. VVaterouo |ube 120.00 KeU)nQton Construction Police Station 16,353.03 KimidaFire Inc. Repairs 423.24 Kustom3i8na|s Inc. Radar units 4,010.00 League ufMNCities Ins Tr Quarterly Insurance 135,616.00 Little Falls Machine Inc. Cylinder 430.22 Loff|erCompanies IT Professional services 3,011.25 EXHIBIT"A"TORESOLUTION#2017-116 Page Madden GabnnorHansen LLP Labor Relations Services 6,655.63 Mansfield Oil Company Fuel 7,628.84 K4enan]y Supplies 339.13 Metropolitan Council Wastewater Charge 142,290.96 K8PNex|eve| LLC Locating 98875 K4PELRA Conference 250.00 Multi-Regional Training Center Membership 25.00 K4unioode Code pages &web hosting 1,722.40 Office Depot Office supplies 2,09833 0xon'VViU/annsErik Reimburse for expenses 11.12 OnSite Sanitation Portable restroom rental 992.05 Overhead Door[o Garage door repair 346.40 Performance Plus LLC Drug screening 540.00 Pioneer Press Subscription 232.84 PhosorElectric Company Police Station 90,824.75 Rose F|o/e/ Outdoor plants 70.25 Safe Fast Inc Ranger chest waders &suspenders 388.02 Si8nadonSign Group Police station 740.75 5he|terTech Corp Police station 1,780.00 St. Croix Boat and Packet Co. Dock Space Lease 2,666.67 Stillwater Motor Company Vehicle service 58.48 Swanson Brennen Refund variance application 225.00 T.A. Scbi[skyand Sons Asphalt 156.00 The|en Heating& Roofing Police station 25,850.00 Thomson Reuters Information Charges 131.25 Toll Gas and Welding Supply Cylinders 44.14 Tri-State Bobcat Equipment rental 1,210.00 VoyantCommuninations Phone 518.22 VVasoheCommercial Finishes Police station 3,214.32 VVenckCunstruction Police station 33,592.66 White Bear Lake Fire Department CPR Instructor Course 75.00 Wold Architects and Engineers Police station 2,960.00 REC CENTER Ace Hardware Supplies 22.96 Arrow Hockey&Sport Concession supplies 316.65 Comcast Internet 109.85 Computer Services ofFlorida Support agreement 515.00 Curva|Cons1ructors Equipment repair 1,532.00 G &KServices Mats 257.50 Goodin Company Equipment repair supplies 163.80 Grainger Supplies 44.80 Ice Skating Institute Skater memberships 1,833.00 Life Safety Systems Fire Inspection 875.00 K4enavds Supplies 46.93 Riode||Shoes Inc. Skates 143.08 St. Croix Boat and Packet Co. Arena Billing 38,869.38 STAR Membership 275.00 EXHIBIT"A" TORESOLUTION#2O17-11G Page LIBRARY Abbott Paint Paint&supplies 37877 Ace Hardware Supplies 93.68 Baker and Taylor Materials 976.52 Balsam Tree&Shrub Care Terrace Plants 225.00 8arnhouseOffice LLC Teen Room Design 2,400.00 Brodart[o Materials 866.37 [adsenGre8Q TeenRoomFurniahings-TrusteeReimbumement 1,829.70 Culligan ofStillwater Water 14.55 G & KServices Towels & Rugs 83.14 Grain Studio Inc Programs'YSSRP Materials (SPLF) 690.00 Hedin Sue Programs'Gallery(3PLF) (Staff Reimbursement) 108.04 Howe Linnea Materials 65.54 ]anet]ohn Wedding Refund 1,750.08 John Keister&Associates Library Director Search 7,350.00 LaFond Gene Programs'Adult(SPLF) 600.00 Madden Michael Programs'Youth (yNEL6A) 175.00 Master Mechanical Inc. Boiler Repair 1,375.34 Menards Supplies 87.18 Midwest Tape Materials 594.44 MNDept ofLabor and Industry Elevator Annual Operating Permit 200.00 Paper Roll Products Receipt Paper 153.22 ReyermW1ahahElizabeth Programs-0\(SPLF) 163.03 Textile Center Programs Adu|t(SPLF) 650.00 The Bug Zone Programs'Youth (MELSA) 225.00 Toshiba Business Solutions Maintenance Contract 163.05 ADDENDUM Aspen Mills Uniforms 907.74 Comcast Cable Internet&Voice 288.93 League ofMNCities Ins Tr Claim C0021175 1,000.00 Magnuson David Professional Service 6,620.83 Met Council Permit fee 406.00 SinutiakLauren Reimburse for mileage 157.28 SVV/VVCService Cooperatives Retiree&COBRA ins 75,612.57 Thomson Reuters Information Charges 137.81 ThorenDaxvo Reimburse for title fee 6.00 Total Parking Solutions Inc. Speed charger 130.00 VVu|fingDovid Reimburse for expenses 60.43 Xcu| Ener8y Energy 1369457 TOTAL 772,349.76 EXHIBIT"A" TO RESOLUTION#2017-116 Page 4 Adopted by the City Council this 20th Day of June, 2017 RIVI ED atei ............ Administration TO: Mayor and City Council Members FROM: Tom McCarty,City Administrator Donna Robole,Human Resources Manager DATE: June 16,2017 SUBJECT: 2017-2018 Labor Agreement between City of Stillwater and Minnesota Public Employee's Association BACKGROUND The City of Stillwater and Minnesota Public Employee's Association concluded negotiations for a successor labor agreement for 2017 and 2018 and the Minnesota Public Employee's Association representing the Stillwater Public Manager's Association membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration—2 year agreement,January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined • Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter • Delete longevity pay references o General Wage Increase: 2.25%increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance—Increase employer contribution by$15 per month per member effective January 1, 2017,and $15 per month per member effective January 1, 2018. • On-Call Pay for IT Manager Memorandum of Agreement--Payment of$100 for every third week of on-call duties shall be applied to annual salary in equivalent amount of$1,700.00 effective January 1,2017. Memorandum of Agreement will terminate if IT Manager no longer serves in on-call capacity every third week. • Post Employment Health Care Savings Plan Memorandum of Understanding—100%of existing severance benefits provided by Article XIII will be deposited in Health Care Savings Plan effective January 1,2017 through December 31,2018. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association is consistent with direction from City Council for labor negotiations. The Minnesota Public Employee's Association has approved the 2017-2018 labor agreement. Increased contract costs are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled,"Approving the 2017-2018 Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association." RESOLUTION 2017-117 APPROVING THE 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEE'S ASSOCIATION BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2017-2018 Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration—2 year agreement, January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: IN Effective 111117, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter i Delete longevity pay references o General Wage Increase: 2.25% increase effective January 1, 2017; 2.5%increase effective January 1, 2018; • Health Insurance—Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018; • On-Call Pay for IT Manager Memorandum of Agreement--Payment of$100 for every third week of on-call duties shall be applied to annual salary in equivalent amount of $1,700.00 effective January 1, 2017. Memorandum of Agreement will terminate if IT Manager no longer serves in on-call capacity every third week; • Post Employment Health Care Savings Plan Memorandum of Understanding--100%of existing severance benefits provided by Article XIII will be deposited in Health Care Savings Plan effective January 1, 2017 through December 31, 2018; BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 2 0 th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION (MNPEA) (PUBLIC MANAGER'S) January 1, 2017—December 31, 2018 TABLE OF CONTENTS ARTICLE PAGE ARTICLE I PURPOSE OF AGREEMENT...............................................................................................3 ARTICLE II RECOGNITION......................................................................................................................3 ARTICLE III DEFINITIONS..........................................................................................................................3 ARTICLE IV EMPLOYER SECURITY.......................................................................................................3 ARTICLE V EMPLOYER AUTHORITY...................................................................................................4 ARTICLE VI UNION SECURITY.................................................................................................................4 ARTICLE VII EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE......................................................4 7.1 DEFINITION OF A GRIEVANCE......................................-..............»......................................................4 7.2 UNION REPRESENTATIVES..............................................„.......__.....................................__................4 7.3 PROCESSING OF A GRIEVANCE...................................»..._ ..............,............................,.-.,...................5 7.4 PROCEDURE................................................................................................................................................5 7.5 ARBITRATOR'S AUTHORITY ......... ... ......... ...I..... ......... ......... .......... ....,.... ...........6 7.6 WAIVER ...... ..................................................................................... .I....... ......... ......... ..........6 7.7 ELECTION OF REMEDIES................ ......... ......... I.......................................................................7 ARTICLE VIII SAVINGS CLAUSE.................................................................................................................7 ARTICLE IX DISCIPLINE..............................................................................__............................................7 ARTICLE X SALARIES...............................................................................................................................8 ARTICLEXI CONSTITUTIONAL PROTECTION...... ................... ......... ........ ........ ......,...8 ARTICLEXII SICK LEAVE...........................................................................................................................8 ARTICLE XIII SEVERANCE PAY................................................................................................................10 ARTICLEXIV HOLIDAYS............................................................................................................................11 ARTICLEXV VACATION............................................................................................................................11 ARTICLEXVI INSURANCE..........................................................................................................................I1 ARTICLE XVII WAIVER................................................................................................................................12 ARTICLE XVIII DURATION............................................................................................................................12 APPENDIX A-2017 ANNUAL SALARY SCHEDULE........................ERROR! BOOKMARK NOT DEFINED. APPENDIX B-2018 ANNUAL SALARY SCHEDULE.......................................................................................15 MEMORANDUM OF UNDERSTANDING-IT MANAGER ON-CALL.............................................16 MEMORANDUM OF UNDERSTANDING-POST EMPLOYMENT HCSP....................................................17 Page 2 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEES ASSOCIATION REPRESENTING STILLWATER PUBLIC MANAGER'S ASSOCIATION ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2017 between the City of Stillwater, hereinafter called the EMPLOYER, and Minnesota Public Employees Association. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 14, for all supervisory personnel under BMS Case 92-PTR-1391 excluding the City Administrator and Human Resources Manager and all non supervisory employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Minnesota Public Employees Association. 3.2 UNION MEMBER: A member of the Union. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Stillwater. 3.5 UNION OFFICER: Officer elected or appointed by the Union. 3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year (12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. Page 3 ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179A.06, Subdivision 3, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 UNION STEWARD. The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a reasonable amount of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. 6.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. 7.2 UNION REPRESENTATIVES Page 4 The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1.An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated Representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Page 5 Step 3.A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Public Employment Relations Board. 7.5 ARBITRATOR'S AUTHORITY a. The arbitrator shall have not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 ELECTION OF REMEDIES Page 6 In the more than one procedure is available for resolution of a grievance arising under this Agreement, the aggrieved employee(s) shall be limited to one procedure through which remedy may be sought. If as a result of the written Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to arbitration pursuant to this Article 7 or another procedure including but not limited to fair employment or veterans preference. If appealed to any procedure other than arbitration pursuant to this Article, the grievance is not subject to the arbitration procedure as provided in this Article 7. An employee pursuing a remedy pursuant to a statute under the jurisdiction of the United States Equal Employment Opportunity Commission is not precluded from also pursuing an appeal under the grievance procedure of this Agreement. If a court of competent jurisdiction rules contrary to the ruling in EEOC v. Board of (10vernors qf'Stale ColleAav and 1.nivers4fies, 957 F.2d 424 (7 1h Cir.), cert denied, 506 U.S. 906, 113 S. Ct. 299 (1992), or if Board of Governors is judicially or legislatively overruled, this paragraph shall be immediately null and void and shall be deleted from this Agreement. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, and the State of Minnesota. In the event any provision of this AGREEMENT shall be held to be contrary to law by any court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to a binding administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX DISCIPLINE 9.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge, 9.2 Suspensions, demotions and discharges will be in written form. 9.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. Page 7 9.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 9.5 Discharges of non-veterans will be preceded by a five (5) day suspension without Pay• 9.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 9.7 Grievances relating to this Article shall be initiated by the UNION in Step 2 of the Grievance Procedure under Article V11. ARTICLE X SALARIES 10.1 Employees shall be paid in accordance with the attached salary schedules marked Appendix A and Appendix B. Effective January 1, 2017, employees will be placed on the step in the new pay structure at the designated grade that provides a wage rate that is equal to or greater than the Employee's December 31, 2016 base wage and longevity pay combined. Employees whose December 31, 2016 base wage and a longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive any general wage adjustment in a non-base lump sum. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following the Employee's anniversary date. 10.2 In the event an employee is promoted to a higher classification,the employee will be placed on the step that is at least a 5%increase in the Employee's current salary. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII SICK LEAVE 12.1 a. All full-time employees shall, after a term of employment of six (6) months, be qualified to receive payments on account of physical disability to work by reasons of sickness. For the purpose of this contract sickness shall include injury other than accident or injury arising out of and in the course of employment by the City. Sickness disability benefits shall be as follows: Page 8 I. If term of employment has been six (6) months, but less than two (2) years,two (2) weeks at full pay. 2. If term of employment has been 2 to 5 years, full pay for four (4) weeks, half pay for nine (9)weeks. 3. If term of employment has been 5 to 10 years, full pay for thirteen (13)weeks, half pay thirteen (13) weeks. 4. If term of employment has been 10 to 1.5 years, full pay for thirteen (13)weeks, half pay for thirty-nine (39)weeks. 5. If term of employment has been 15 to 20 years, full pay for twenty six(26) weeks, half pay for twenty-six (26)weeks. 6. If term of employment has been 20 to 25 years, full pay for thirty- nine (39)weeks, half pay for thirteen (13) weeks. 7. If term of employment has been 25 years or more, full pay for fifty-two (52)weeks. 12.2 Sick leave usage may require verification for an absence of three days or more, from a recognized medical authority attesting to the necessity of the leave and the ability to return to duty. Should illness occur while an employee is on vacation, the period of illness may be charged to sick leave and the charge to vacation reduced accordingly. An employee requesting such a change may be required to submit a written statement from a physician attesting to the illness and the period of disability. 12.3 Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: Employees with less than five (5) years service shall earn a sickness disability leave time at the rate of one day for each month worked. Employees with five (5) years but less than ten (10) years service shall earn sickness disability leave time at the rate of one and one- half(1-1/2) days for each month worked. Employees with ten (10) or more years service shall earn sickness disability leave time at the rate of two (2) days for each month worked. C. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rata basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. e. For the purpose of this Article, the .January I st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. Wage 9 f. Full sick leave must be used first. Once all full sick leave has been used, half sick leave can be used. Half sick leave gives the employee half the benefit of full sick leave. 12.4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and his regular weekly pay. Sick leave shall then be figured on a pro rated basis with no deduction of leave being made for that portion of the Employee's absence which is covered by Worker's Compensation Insurance. 12.5 Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave of absence when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. 12.6 Sick leave usage will only be allowed for injury or illness of the employee and not for time off for any legal proceedings associated with an injury. ARTICLE XIII SEVERANCE PAY Any employee who leaves the employ of the City by retirement, resignation or death shall receive pay for 100 percent(100%)of unused accrued vacation. Any employee who retires due to age or physical disability and are eligible to receive PERA retirement benefits, shall receive one-half of unused disability benefits providing he or she had been employed with the City in a permanent, full time position for a period of not less than ten (10) years. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability as above provided but in no event shall such death benefit exceed twelve (12)weeks of full pay. Sick leave used and not replenished during the employment period shall be subtracted from the sick leave benefit schedule to arrive at unused sick leave balance. A week shall be construed to be five (5) working days. Page 10 ARTICLE XIV HOLIDAYS 14.1 New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Christmas Eve Day or New Year's Eve Day When a holiday falls on a Sunday, the following Monday shall be a holiday and when a holiday falls on a Saturday, the preceding Friday shall be a holiday. To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. 14.2 Immediately preceding the I st anniversary date of employment the employee shall be entitled to one additional floating holiday. ARTICLE XV VACATION 15.1 Employees shall be entitled to the following vacation schedule: From 0 through 12 months employment 5/6 day per month From I year through 4 years employment 10 days per year After 4 years through 10 years employment 15 days per year After 10 years through 15 years employment 20 days per year After 15 years One (1) additional day for each year up to twenty years for a maximum of 25 days. 15.2 Vacation time not to exceed 10 days may be used in the following calendar year. The employer shall not unreasonably deny vacation carry-over requests. There shall be a maximum of 35 days vacation during any one (1) calendar year. 15.3 For the purpose of this Article, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employees term of employment. 15.4 The Employer reserves the right to limit the length of a continuous vacation period for Employees covered by this agreement due to operational considerations. 15.5 An employee shall have the ability to cash out up to 40 hours of vacation to reach the 10 day vacation limit referenced in §15.2. ARTICLE XVI INSURANCE 16.1 Effective January 1, 2017, the EMPLOYER will contribute up to one thousand one hundred seventy six dollars and eighty six cents $1,176.86) per month, per employee toward group health insurance coverage, including dependent coverage Page I I Effective January 1, 2018, the EMPLOYER will contribute up to one thousand one hundred ninety one dollars and eighty six cents $1,191.86) per month, per employee toward group health insurance coverage, including dependent coverage. 16.2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. 16.3 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE XVII WAIVER 17.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 17.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XVIII DURATION The AGREEMENT shall remain in full force and effect for a period commencing January 1, 2017 through December 31, 2018. In the event a new AGREEMENT is not in effect January 1, 2019, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. Page 12 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of ' 2017. FOR THE MINNESOTA PUBLIC EMPLOYEES ASSOCIATION REPRESENTING STILLWATER FOR THE CITY OF STILLWATER: MANAGER'S ASSOCIATION: Ted Kozlowski, Mayor Dav cal, President Diane Ward, City Clerk *wai-d Page 13 00 cr, rA rs 69 Qq CL 00 rn O Cl! 00 kf) ke) ros 64 69 69 CL Vj 00 In r) 00 6s W) �c N 00 cl, 69 69 601) fist CS 00 CL 00 a, C� rq 69tf) Os 69 69 61) kn,(7, W 00 CN 9Qq (71 � Cl) n, kfl 1/'1 40 Qq CN 00 0. k 00 n O Eon 69 6A oq aai o 00CA q 1 00 Iq Q% roq rq w 00 Cl� ol� O C, Oti 00 Qq 6113 69 loq <71 mom r— 00 C-n h OHO CT kn 69 69 Got, 69 69 OR M 00 U CS C> 00 6q 69 69 69 Est <71 Q 19 Ucd W .2 06� 0 00 0 C, m 00 r- W) kf� llc� 00 m 00 oq Eoq Os 63 fn 00 rq 06 00 kr) kn C� 00 O\ 613 69 69 600. Os e0 It � In 0ti I�t 00 r- 00 N 00 00 Qq 69 63 bR 69 ON N M ,6 kll 00 0 C;\ 011 cq 00 00 U 6s Qq 6s 6R 6R F— C��r C�I oo C> C�00 00 C> C� 00 V- 00 69 69 00 od C> 00 00 m O r- 00 16's Os 6s 69 69 00 W as 00 00 kn r— 00 00 V) 00 fq 00 h I=> C, rq 00 r- C> C� kn r- 00 C� O 64 6s Qq 6,q 00 00 C> r" 00 63 63 6F1 63 N 41 ol 00 00 r- h 00 Ch 69 fs 63 69 63 kn ol� 00 1p 41' �c r- 00 &S Os os Cd (U 0 o Q ob CL 40 0. V) U p. � ori 8 u C� CC MEMORANDUM OF UNDERSTANDING Between CITY OF STILLWATER and MNPEA (Stillwater Public Manager's Association) IT Manager On-Call This Memorandum of Understanding is entered into between the City of Stillwater (hereafter "City") and Minnesota Public Employees Association representing the Stillwater Public Manager's Association (hereafter"Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement; WHEREAS,the City of Stillwater Information Systems staff rotate on-call duties; WHEREAS, on-call has been defined as occurring during the period of time after leaving the building or work location at the end of the regular shift and before the beginning of the next regularly scheduled shift over the course of a week(seven consecutive days); WHEREAS, the IT Manager has served on-call duties every third week. NOW,THEREFORE,the parties hereto agree as follows: 1. The City shall compensate the IT Manager $100 for every third week of on-call duties. Said payment shall be applied to the employee's annual salary in an equivalent amount of$1,700.00 effective January 1,2017. 2. This Memorandum of Understanding shall be effective January 1, 2017. In the event the IT Manager no longer serves on-call duties every third week, this Memorandum of Understanding shall expire. 1 This Memorandum of Understanding shall not constitute a precedent with regard to any subsequent negotiations or matters between the parties. 4, This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. R THE U N" FOR THE CITY: ................. Page 16 MEMORANDUM OF UNDERSTANDING Between CITY OF STILLWATER and MNPEA (Stillwater Public Manager's Association) Contributions to Post Employment Health Care Savings Plan This Memorandum of Understanding is entered into between the City of Stillwater (hereafter "City") and Minnesota Public Employees Association representing the Stillwater Public Manager's Association (hereafter"Union"). WHEREAS,the City and the Union are parties to a collective bargaining agreement; and WHEREAS, Minn. Stat. § 352.98 allows the City to sponsor a post employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW,THEREFORE,the parties hereto agree as follows: 1. Eligible employees shall contribute 100% of the existing severance benefit that is due the employee based on Article XIII of the contract to the employee's Post Employment Health Care Savings Plan upon separation of employment. 2. These severance benefits will be deposited into an employee's Post Employment Health Care Savings Plan account administered by the Minnesota Post Employment Health Care Savings Plan established under Minn. Stat. § 352.98 and as outlined in the Minnesota State Retirement System's (MSRS) Trust and Plan Documents. 3. Any description of benefits contained in this Memorandum of Understanding is intended to be informational only. The management of contributed funds into the Post Employment Health Care Savings Plan is the responsibility of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board of Investment, their agents, employees or subcontractors and/or the investment option provider selected by the employee. The City's only obligation is to deposit accrued monies as outlined by this Memorandum. The City has no other responsibilities or obligations and no other claims can or shall be made against the City pursuant to this Memorandum. 4. The Union agrees to indemnify and hold harmless the City, its agents, officers and employees from any and all claims, causes of action, suits, demands, judgments of any nature, liabilities, losses, damages, costs, and expenses including reasonable attorney's fees, arising out of the actions or inactions of the Plan Administrator, Minnesota State Retirement System (MSRS), the State Board of Investment, their agents, employees or subcontractors and/or the investment option provider selected by the employee. Page 17 5. This Memorandum of Understanding shall be effective January 1, 2017 through December 31, 2018. It shall sunset and expire effective December 31, 2018. 6. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. F THE UNTO FOR THE CITY: Page 18 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS AND ORDER RELATED TO A SPECIAL USE PERMIT FOR A NOISE ORDINANCE WAIVER REQUEST TO BE LOCATED AT 324 MAIN STREET SOUTH CPC CASE NO 2017-11 BE IT RESOLVED by the City Council of Stillwater, Minnesota that the Finding of Fact, Conclusions and Order related to the Special Use Permit and associated Variance requests for 324 Main Street South, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the said Findings of Fact, Conclusions and Order. Adopted by the Stillwater City Council this 201h day of June, 2017. Ted Kozlowksi, Mayor ATTEST: Diane F. Ward, City Clerk STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON BEFORE THE CITY COUNCIL In Re: The Lion's Tavern C/O Dave Najarian Special Use Permit and Noise FINDINGS OF FACT Ordinance Waiver CONCLUSIONS For 324 Main Street South AND ORDER CPC Case No. 2017-11 The City Council convened a Public Hearing for Case No. 2017-11 at 7:00 p.m. on June 6, 2017 at the Council Chambers in City Hall. The purpose of the Public Hearing was to consider a request for an amendment to a Special Use Permit for a waiver to the Noise Ordinance at the property at 324 Main Street South. At this Public Hearing, the City Council considered the oral report of Bill Turnblad, Community Development Director; testimony and exhibits submitted by Dave Najarian, representing The Lion's Tavern ("Applicant"); the Staff Report dated June 6, 2017 by Abbi Jo Wittman, City Planner; and the Planning file prepared by City Staff for the Application. The Planning Commission also held a Public Hearing and reviewed the case. This hearing was held on May 10,2017. NOW, THEREFORE, based upon the documents that have been made a part of this file, upon the testimony of all those who offered it, and upon all the files, records, recordings and proceedings herein,the City Council makes the following: I. FINDINGS OF FACT 1. This property is located at 324 Main Street South. 2. The property is zoned CBD (Central Business District). 3. In the CBD,Outside Entertainment is allowed by Special Use Permit. 4. The Applicant was operating under Special Use Permit 2006-05which allowed for outdoor seating for Stone's restaurant.A condition of approval was that'evening outdoor music is allowed but subject to review and revocation or adjustment upon complaint." The case files note 'piped music'was proposed. 5. In May of 2016, the Applicant, operating under the aforementioned permit, requested an amendment to allow for live, outdoor music to occur on certain evenings. A condition of approval of CPC Case No.2016-19 was that no amplified music shall be allowed past 10:00 pm. 6. City Code Section Sec. 38-3, Subd. 2 indicates prohibits the use of musical instruments or operation of sound reproducing equipment, including phonographs, paging systems, musical instruments, etc. that may disturb the peace and quiet of the public, outside after 10:00 pm if it can be plainly heard more than 50 feet from the source. 7. In May,2017,the Applicant applied for an amendment to the Special Use Permit, requesting a waiver to City Code Sec. 38-3, Subd. 2, Noise Control and Regulation, to allow for amplified music past 10:00 pm on Thursdays through Sundays. 8. City Code Section 31-207, Special use permit and conditional use permit, indicates a purpose "is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner". 9. City Code Section 31-207(d) indicates the Council must make findings that the proposed structure or use conforms to the requirements and the intent of the Zoning Chapter of the City Code,the comprehensive plan,relevant area plans and other lawful regulations; and any additional conditions necessary for the public interest; and the use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. 10. At the Planning Commission public hearing, the Commission made a 4-1 recommendation to the City Council to deny the Special Use Permit amendment. 11. At the City Council public hearing no neighbors spoke out for or against the proposed Special Use Permit amendment for a Noise Ordinance waiver. II. CONCLUSIONS OF LAW 1. That this matter was properly before the City Council pursuant to the procedure set forth in the City Code. - 2 - 2. That as the proposed use is not in conformance with the intent of the Zoning Code nor the Comprehensive Plan. III. ORDER IT IS HEREBY ORDERED 1. That the request for the amendment to the Special Use Permit, for a waiver to the Noise Ordinance,is hereby denied. 2. Adopted by a 5-0 vote of the City Council this 20th day of June,2017. CITY OF STILLWATER Ted Kozlowski,Mayor ATTEST: Diane F.Ward, Clerk EXHIBITS A. Staff report to the Planning Commission dated May 10,217 written by Abbi Jo Wittman, City Planner. B. The May 10,2017 Planning Commission minutes. C. Staff report to the City Council dated June 6,2017 written by Abbi Jo Wittman, City Planner. D. The June 6,2017 City Council minutes. - 3 - LEGAL DESCRIPTION Lots 2-3 except the South 23' of Lot 3, Block 14, Stillwater - 4 - RESOLUTION 2017-122 APPROVAL OF DEVELOPMENT AGREEMENT RELATING TO THE LAKES OF STILLWATER PROJECT BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the development agreement between the ILHC of Stillwater, LLC. and City of Stillwater for the development relating to The Lakes of Stillwater, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Draft: 6/19/17 DEVELOPMENT AGREEMENT EATING TO THE THE LADES OF STILLWATER PROJECT B Y Aiv D Dr TI VV EEiv THE CITY OF STILLWATER,WASHINGTON COUNTY, MINNESOTA AND ILHC OF STILLWATER, LLC, a Minnesota Limited Liability Company. 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 DEVELOPMENT AGREEMENT RELATING TO THE LAKES OF STILLWATER PROJECT BY AND BETWEEN THE CITY OF STILLWATER,WASHINGTON COUNTY,MINNESOTA,AND ILHC OF STILLWATER,LLC THIS AGREEMENT, made this day of , 2017, between the City of Stillwater, a political subdivision of the State of Minnesota, (the "City"), and ILHC OF STILLWATER,LLC, a Minnesota limited liability company(the"Developer' WITNESSETH THAT,the parties hereto recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. The Developer owns the property located within the LR Lakeshore Residential Zoning District in the City of Stillwater, Washington County, Minnesota, described in Exhibit"A" attached hereto (the "Property"). (A) Developer has applied for Permits necessary to facilitate the construction of a 245 unit senior assisted living center (the "Project"). This Agreement and the rights described in this Agreement are contingent upon City approval of all needed approvals and permits. (B) The approvals are summarized as follows: a. Concept planned unit Development approval for 245 senior living units and an expansion of Grace Baptist Church. b. Final planned unit development approval of Phase I, Phase II and Phase III. C. A Special Use Permit for a senior living facility in the LR Zoning District. d. Preliminary plat approval for Lakes at Stillwater(1 b lots and 3 out lots). e. Final plat approval for Lakes of Stillwater(7 lots and 5 out lots). 1.02 Developer Public and Private Improvements. (A) The City requires that the Project connect to the existing municipal sanitary sewer and water service. (B) The City is willing to allow the Developer to construct and install the Developer Public Improvements. A description of the Developer Public Improvements and estimate of costs are attached as Exhibit "B". The plans and specifications for these improvements must be approved by the City's Engineer. (C) The Developer Private Improvements will be designed and constructed in accordance with approved development plans. The Developer Private Improvements are generally described in the attached Exhibit"C". (D) "Construction Plans" means the construction plans and related schedules for the Private Improvements that bear the stamp of approval of the City Building Official. 1.03 Public Improvements, Warranty. The Developer agrees that the Public Improvements will be done in a workmanlike manner; that all materials and labor will be in strict conformity to the specifications and any requirements set forth by the City. All work done pursuant to this contract is subject to the inspection and approval of the City Engineer, who is vested with authority to suspend or stop work on the Project if any condition of this contract is breached or any law or administrative rule is violated. SECTION 2. DEVELOPER'S REPRESENTATIONS. The Developer represents to the City that as of the date of this Agreement, the statements set forth in this section are true. 2.01 No Disability. The Developer is, or will be, the fee owner of the Property and knows of no legal disability that would prevent them from carrying out this Agreement. 2.02 Execution No Violation. The execution, delivery and performance of this Agreement do not and will not result in any breach of, or constitute a default under, any indenture, mortgage, contract, agreement or instrument to which the Developer is a party. 2.03 Litigation. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency, except for an action that may be brought to register the title to the Property, which will materially adversely affect the financial condition, business or operation of the Developer or the ability of the Developer to perform its obligations under this Agreement. 2.04 Compliance. The Developer will comply with and promptly perform all of its obligations under this Agreement and all related documents and instruments; comply with all conditions of the Zoning District; and comply with any applicable requirements of the Brown's Creek Watershed District, and all requests and conditions of approval set forth in PUD and SUP approvals set forth in Resolution 2017-094 adopted May 17°2017, which Resolution is adopted by reference and made a part of this Agreement as if set forth verbatim. 2.05 Legal Entity. The Developer warrants that the legal entity that will hold title to the property will not be an entity that is exempt from the payment of real estate taxes, and that if the then owner converts the parcel to an ownership entity that is exempt from the payment of real estate taxes, that the then owner will pay to the City annual payments in .A ox„oo ,,,,.., unt Of „s+„+„ ta-ACC., .dluu.t, 410 fClty lli'u vl i.uAe�J iii ail GL111V L1all i1Vt lV 4ALLVd the GLi11V Ltil� Vl 16�Q1 liJ l0.lG LCLAIiJ W1116Jll lddl+ V1lJ` would have levied against the parcel had it remained under the ownership of a non- 2 exempt organization. Further, Developer must execute the PILOT Agreement attached as Exhibit"D" contemporaneously with the signing of this Agreement. SECTION 3. IMPROVEMENT SCHEDULE. The Developer will install the Developer Public Improvements and Private Improvements (together, the "Improvements") according to a schedule approved by the City Engineer and the standards set forth in this section. 3.01 Work Schedule. Approval of the Improvement work schedule by the City Engineer will be required before construction begins. In the event that the Developer fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to Section 5 of this Agreement for the costs associated with completion of the work referred in this Section. SECTION 4. COST RECOVERY; DEVELOPER PUBLIC IMPROVEMENTS. 4.01 Developer Public Improvements. Payment of the costs of the Public Improvements must be made by the Developer within ninety (90) days of being invoiced by the Developer's contractor, unless amounts are withheld by the Developer because of a Bona Fide dispute with the contractor and notice of this dispute is provided to the City. In the event that the Developer fails to make such payment, or fails to complete any element of the Improvements according to the completion schedule, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to Section 5 of this Agreement for the costs associated with payment of the costs of Public Improvements, or completion of the work referred in this Section, provided, however, that if the City has not accepted all or part of the Public Improvements, the Developer is entitled to retain 10% of the amount due a contractor until the Public Improvements have been accepted. SECTION 5. SECURITY. 5.01 Consultant Fees and Charges. The Developer must pay to the City, within thirty (30) days of being invoiced, as reimbursement for consultant fees incurred by the City on behalf of or at the request of the Developer, including amounts unpaid associated with Planning Case No. 2017-08. The costs of engineering, legal and testing services, must be paid, including the costs of oversight and inspection of grading, erosion control, dewatering, utility work and any other development related improvement as well as reasonable expenses associated with inspection and supervision of construction and reinspection for one (1) year beyond the acceptance of the completed work. In the event that the Developer fails to make payment, the City, at its option, will upon thirty (30) days written notice from the City Engineer within which time the Developer will have the opportunity to cure, will have the right to draw upon any Security provided pursuant to Section 5 of this Agreement for the amount of the delinquent payment. 3 5.02 Payment of Connection, Area and Nook—up Charges and Park Payment in Lieu of Charges. Developer must pay the following charges to the City before releasing the final plat for recording: (A) PRASE I Units/Acres Rate Total Park Fees The Lodge, Independent Living 59 Units $750 $44,250 The Cottages, Independent Living 8 Units $750 $6,000 The Lodge,Assisted Living 32 Units -0- Trail Fees The Lodge, Independent Living 59 Units $500 $29,500 1 h Cottages, independent Living 8 Units 1MV b4,UUU The Lodge, Assisted Living 32 Units $125 $4,000 Trout Streams Mitigation Fee—Multi Family 6.92 Acres $11,822 $81,808 Mitigation Fee—Single Family 6.28 Acres $5,912 $37,127 Transportation Adequacy Fee 13.20 Acres $8,120 $107,184 Trunk Sewer& Water Fee 13.20 Acres $14,604 $192,773 TOTAL, $506,642 (B) Fees associated with Phase 3 will be due before a building permit may be issued for development on this parcel. PHASE III Park Fee Sandhill Shores, Independent Living 70 Units $750 $52,500 Trail Fee Sandhill Shores, Independent Living 70 Units $500 $35,000 Trout Stream 2.72 Acres $11,822 $32,156 Transportation Adequacy Fee 2.72 Acres $8,120 $22,086 Trunk Sewer& Water Fee 2.72 Acres $14,604 $39,723 1gDAE)L S181,465 4 5.03 Security for Cost of Developer Public Improvements. To ensure compliance with the terms of this Agreement, and construction of all Public Improvements, the payment of all consultant fees and charges the Developer agrees to deliver to the City prior to release of the final plat for recording, a Letter of Credit (the Letter of Credit in the amount of $ .) The Letter of Credit must be in a form acceptable to the City Attorney and must allow the City to draw upon the instrument, in whole or in part, in order to complete construction of the Public Improvements, or to satisfy the claims of contractors and suppliers that have not been satisfied by the Developer, or to pay to the City amounts needed to reimburse the City for consultation fees and charges due the City pursuant to §5.01. SECTION 6. CONSTRUCTION OF DEVELOPER PRIVATE IMPROVEMENTS 6.01 Construction of Private Improvements. (A) The Developer agrees that it will construct the Private Improvements on the Property in accordance with the approved Construction Plans and preserve and keep the Private Improvements or cause the Private Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. (I3) Upon the issuance of Certificates of Completion for construction of the Private Improvements,the obligation of maintenance will be assumed by the owners. 6.02 Construction Plans, Changes. If the Developer desires to make any material change in the Construction Plans, the Developer must submit the proposed change to the City for its approval. The request must be filed with the Zoning Administrator. Minor modifications and modifications that do not change the exterior or the size of any structures may be approved by the Zoning Administrator. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Developer in writing of its approval. 6.03 Certificate of Completion. Promptly after completion of the Private Improvements in accordance with the Construction Plans, the City will furnish the Developer with Certificate of Completion in the form attached as Exhibit"E". The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Developer, to construct the Private Improvements or the dates for the beginning and completion thereof. 6.04 Indemnity. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Private Improvements by Developer, its agents or assigns. 5 SEC'T'ION 7. DEVELOPER'S GENERAL PROJECT RESPONSIBILITY. 7.01 Easements. The Developer must convey to the City all necessary permanent easements over property owned or controlled by them as designated in the plans and specifications deemed necessary by the City for the location, construction, installation and operation of the Public Improvements, in form and content satisfactory to the City Attorney. 7.02 Erosion Control Measures During Construction. Developer agrees that they will construct erosion control devices in conformance with the approved Construction Plans for the Developer Improvements. The Developer retains the right and flexibility during .construction of the Developer Public and Private Improvements, to modify the erosion control plan and its related devices, if needed to protect the Property from extraordinary rainfall or upstream drainage. 7.03 City Regulations. Developer acknowledges that the Property is regulated by the City and that a default under City ordinances or conditions of approval of any permit is a default as defined in this agreement, including the following conditions: (A) Compliance with the Storm Water Management Plan by the City Engineer. (B) A grading and erosion control plan must be prepared and approved by the City Engineer. (C) If required by law, a National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained from the MPCA before grading begins. (D) Compliance with any applicable mitigation measures required by the Brown's Creek Watershed District. (E) The Developer must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. (P) Compliance with conditions of approval of the Washington County Department of Transportation with regard to access to County Road 12. (G) Payment of any fees or charges normally due at the time of issuance of any building permits. (H) All conditions included in Resolution No. 2017-94. (I) The Developer is responsible for snow removal on the public trail between County Rd. 12 and 72nd Street. 7.04 Grading Plan. Prior to the commencement of construction of any Improvements, the Developer at its expense must complete the grading of the entire Project area including the building sites, storm water holding ponds, surface drainage ways, private driveways, 6 private streets, and other areas that will be disturbed as part of the construction of any improvements. This grading must be done in accordance with an approved grading plan either prepared by or approved by the City Engineer with a maximum of two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions, and cross sections. No site grading is permitted unless security is provided to the City for this work in the form of a deposit letter or other surety of credit as described in Section 5. 7.05 Damage to City, County or State Facilities. The Developer will be responsible for any damage caused to any City, County or State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Developer, its contractors, agents or employees, and for any repair or clean up costs or expenses incurred by the City or County in taking remedial action to repair or clean up the damage. 7.06 Landscaping. The Developer agrees to install street landscaping within the Project, according to the approved plans. All landscaping must be hardy, non—invasive species appropriate for Minnesota. All landscaping materials must be maintained and replaced if they die within the standard warranty period. 7.07 Street Lights. The Developer will furnish a street lighting system for the development according to the design and specifications of the City Engineer. The street lighting system may be owned, constructed and operated by the electric utility company serving the project area and in this event the City and the utility company must enter into a contractual agreement on the rate and maintenance of the street lighting system. In the alternative, the street lighting system must be dedicated to the City upon acceptance of the system as complete by the City Engineer. 7.08 Dedication and Maintenance of Storm Nater Controls Features. Upon completion of the construction of any storm water control features and upon acceptance of the work by the City Engineer. The Developer shall provide to the City Engineer a storm water maintenance plan obligating the Developer and future owners to the continued maintenance of the storm water control features, swales and ditches, infiltration basin and forebay basin. 7.09 Engineering Data. The Developer, through their Engineer, must provide all staking, surveying and other information required by the City Engineer in order to insure that the complete improvements conform to the approved plans and specifications. 7.10 As Built Plan. Within sixty (60) days after completion of construction, Developer through their contractor or engineer, must prepare and file with the City a full set of"as built' plans, including a mylar original and electronic drawings showing the installation of improvements and the location of service laterals within the plat. Failure to file the "as built' plans as required by this section will be grounds for the City to suspend the issuance of building permits and certificates of occupancy within the plat until this condition is fulfilled. SEC'T'ION 8. INSURANCE. 8.01 Insurance. Developer and its contractors will provide and maintain or cause to be maintained at all times during the process of constructing the Public Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: 7 (A) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's policy with limits against bodily injury and property damage of not less than the maximum liability limit for municipalities as established by Minn. Stat. §466.04, in effect at the time of an occurrence, for each occurrence (to accomplish the above—required limits, an umbrella excess liability policy may be used), and shall be endorsed to show the City as an additional insured to the extent of its interest. (B) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles involved in work on the Public Improvements, in the minimum amount for each occurrence of the maximum liability limit for municipalities as established by Minn. Stat. §466.04, in effect at the time of an occurrence, and shall be endorsed to show the City as an additional insured to the extent of its interest (C) Workers' Compensation insurance covering all employees in amounts not less than the minimum required by statute. SECTION 9. INDEMNIFICATION. 9.01 Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, its employees and agents, in connection with the Public Improvements. 9.02 Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of its obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that the expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. SECTION 10. EVENTS OF DEFAULT, 10.01 Events of Default Defined. The following will be "Events of Default" under this Agreement and the term "Event of Default" will means, whenever it is used in this Agreement, any one or more of the following events: (A) Failure by Developer to commence and complete construction of the Developer knprovements pursuant to the terms, conditions and limitations of this Agreement. 8 (B) Failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (C) In each event, Developer will be afforded thirty (30) days after receipt of written notice to cure the violation and avoid a default. 10.02 Remedies on Default. Whenever any Event of Default occurs, following any applicable cure periods,the City may take any one or more of the following actions: (A) Suspend work on the Project and building permits or certificates of occupancy on private development until it receives evidence, deemed adequate by the City, that the Developer has cured a default. (B) Take action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer or under the Security described in Section 5. (C) Undertake to complete the Developer Improvements itself, through its agents or through independent contractors and before the undertaking, draw upon the Security described in Section 5 for the full amount of the estimated work. SECTION 11. ADMINISTRATIVE PROVISIONS. 11.01 Notices. All Notices, certificates or other communications required to be given to the City and the Developer must be sufficiently given and will be deemed given when delivered, or when deposited in the United States mail in registered form with postage fully prepaid and addressed, as follows: If to the City: J. Thomas McCarty, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 If to Developer: ILHC of Stillwater, LLC a Minnesota Limited Liability Company The City and the Developer, by notice given to the other, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 12. ADDITIONAL PROVISIONS. 12.01 Titles of Sections. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of itc nrnvicinnc 9 12.42 Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. 12.03 Modification. If Developer is requested by the Holder of a Mortgage or by a prospective Holder of a prospective Mortgage to amend or supplement this Agreement in any manner whatsoever, the City will, in good faith, consider the request, provided that the request is consistent with the terms and conditions of this Agreement. 12.04 Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 12.05 Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, holding will not invalidate or render unenforceable any other provisions. SECTION 13. TERMINATION OF AGREEMENT. 13.01 Termination. This Agreement will terminate at the time all of the Developer's obligations have been fulfilled and when the cost of the Public Improvements have been paid in full and any default of the Developer has been cured, or one (1) year after acceptance of the Public Improvements by the City,whichever occurs later. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate name by its duly authorized officers and sealed with its corporate seal; and the Developer has executed this Agreement at Stillwater, Minnesota, the day and year first above written. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk 10 DEVELOPER: ILHC OF STILLWATER,LLC, a Minnesota limited liability company By: Its: 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 F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public STATE OF MINNESOTA } ) ss. COUNTY OF WASHINGTON ) On this day of , 2017, before me, a Notary Public within and for said County, appeared , to me personally known, who, being duly sworn, was the duly authorized agent for ILHC OF STILLWATER, LLC, a Minnesota limited liability company, the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public 11 EXHIBIT AGREEMENT THIS AGREEMENT is entered into this day of , 2017, by and between ILHC OF STILLWATER, LLC, a Minnesota limited liability company ("ILHC") and the CITY OF STILLWATER(the"City"). WHEREAS, the City has agreed to rezone property and permit ILHC to construct both public and private improvements necessary to construct a senior facility in the City on the property described in Exhibit"A" (the"Facility"); WHEREAS, ILHC, in recognition of the City's approvals, agrees to make certain payments in lieu of taxes to the City if the Facility ever becomes exempt from real property taxes; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 14. PAYMENTS IN LIEU OF TAXES. In the event that the Facility ever becomes exempt from real property taxes, the owner of the Facility at that time (the "Owner") must pay to the City annual payments in lieu of taxes in an amount not to exceed the amount of real property taxes which the City would have assessed against the Facility had it remained under the ownership of a non—exempt organization. SECTION 15. PROCEDURE. In that event, the City will cause the Facility to be valued initially in the month of December of each year and periodically on the same basis and in the same manner as taxable property in the City is appraised for tax purposes. The City will provide the Owner written notice of the value so determined. The City will annually calculate the amount which would be payable to the City as property taxes with respect to the Facility and will, on or before March 31 in each year,provide the Owner written notice of the amount so calculated. The Owner agrees to pay the City each year, the amount so calculated as payment in lieu of taxes ("PILOT"). The PILOT shall be due and payable on the same dates in each year as real estate taxes are due and payable under laws of the State of Minnesota,but shall be paid by the Owner directly to the City. Any portion of the PILOT not paid when due shall bear interest at the same rate, calculated in the same manner, as delinquent property taxes under the laws of the State of Minnesota. SECTION 16. REIMBURSEMENT. The City acknowledges that the Owner may seek reimbursement from federal and state agencies for part or all of the PILOT. The City agrees to cooperate fully with the Owner, without expense to the City, in the efforts of the Owner to apply for and collect the reimbursement. SECTION 17. TE This Agreement will continue in effect for the life of the Facility and is and will be binding on the successors, assigns and transferees of the Owner. SECTION 18. GOVERNING LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. SECTION 19. CHANGE IN OWNERSHIP. ILHC must provide written notice to the City of the closing of a sale of the property to another owner within 30 days of the closing. The notice must provide the name and address of the new owner and whether the new owner is or intends to become an entity that is exempt from real property taxes. Thereafter, the obligation to provide this notice to the City will also be the obligation of any future Owner. SECTION 20. NOTICES. All notices, reports or other communications relating to this Agreement, must be sent to the parties at the following addresses, unless otherwise provided by one party to the other party in writing: If to ILHC: ILHC OF STILLWATER, LLC If to the City: City of Stillwater 216 North 4th Street Stillwater,MN 55082 Attention: J. Thomas McCarty IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the day and year first written above. CITY OF STILLWATER By J. Thomas McCarty Its City Administrator ILIIC OF STILLWATER,LLC, a Minnesota limited liability company By Its Chief Manager EXHIBIT A € �7116'a 123,7 i 7639 € 5 ? ` 1240-0 12525 SI NITS 21 N 1262-0 SUM A F If t —J r � DSE EN 3 Y t ppp eat r ij tif j4 8R, tA INa ' �e� 40 Em ®R 4iY } EXHIBIT B PUBLIC IMPROVEMENTS The Developer must construct a pedestrian and bike trail as shown on the plans, and convey an easement to the City over and across the trail once constructed. The pavement for the trail segment lies east and south of the cul-de-sac will not be paved until the final lift of bituminous is placed on the public street. The costs of these trail improvements, as verified by the City Engineer, shall be credited against the park and trail dedication charges required by the City. A public trail on 72"d Street east toward Northland Avenue will be the City's responsibility to design and construct. But the Developer agrees to work with the City to provide trail easement to accommodate the trail and its construction. Municipal water must be extended from County Road 12 to the new building. Sewer must be extended from the manhole in a neighboring lot in Liberty on the Lake. Any sewer or water mains outside of public right-of-way will not be accepted by the City and will remain private. The Developer must construct storm water pond with capacity to manage surface water from the senior care. All electrical and communication utility lines must be buried. No trees are allowed in the boulevard. EXHIBIT C PRIVATE INIPROVEMENTS The Lodge will consist of(59) Independent Living Units, (32)Assisted Living Units, (32) Memory Care Assisted Living Units and (16) Care Suites Birchwood Landing will consist of 30 duplex style single story cottages plus community room Sandhill Shores is a 70 Unit—55+Active Adult community for independent living EXMBIT E CERTIFICATE OF COMPLETION WHEREAS, the CITY OF STILLWATER, Minnesota, a municipal corporation (the "City"), entered into a certain Development Agreement ("Agreement") with ILHC OF STILLWATER, LLC, a Minnesota limited liability company (the "Developer"), dated as of , 2017, (the "Agreement") and recorded in the Office of the County Recorder in and for the County of Washington and State of Minnesota, as Document Number ' which provided for the Development of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the "Property"). NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Developer has been completed in accordance with the Aareoment all Iawfi1l Codes, Taws, Rules and Ordinances no.v u'"1 effect -a----------, Dated this day of , 2017. CITE'OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk 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 F. Ward, to me personally known, who, being by me duly sworn, did say that they are, respectively, the Mayor and City Clerk of the CITY OF STILLWATER, and that this instrument was signed and sealed in behalf of the City by authority of its City Council, and they acknowledged the said instrument was the free act and deed of the City. Notary Public MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: June 20, 2017 RE: Cooperative agreement with Oak Park Heights for the TH 36 and Norrell/ Washington Intersection Study BACKGROUND Recently, the City of Oak Park Heights was informed from MNDOT that there are High Priority Projects Project(HPP) funds remaining from the St. Croix River Crossing Project. Specifically MN126 provided funds along TH 36 for a pre-design and study of long-term roadway approach alternatives to TH 36 for the St Croix River Crossing Project. These funds were originally for a cut and cover study and then the language changed to allow for other"approach" studies. To date funds from this source were used to study utilities in Oak Park Heights along the frontage road and a frontage road study being done by Lake Elmo. Today there is $271,960 remaining in the fund. DISCUSSION The City of Oak Park Heights expressed interest in using some of the fund balance for an intersection study at the TH36 and Washington/Norrell intersection to improve the functionality of the intersection. This intersection is frequently congested, with turning and crossing the frontage road difficult and peak traffic volumes. Since the intersection is bordered by both cities, Oak Park Heights asked if the City of Stillwater would be a partner in the study. Oak Park Heights would be the lead agency on the project and has received a quote from Stantec to conduct the Study in the amount $50,000. Since HPP funds are being used , a 20% match from the local agencies is required. This amounts to a City cost of$5,000. Fund for the study would come from the Engineering Department consultant line item. RECOMMENDATION It is recommended that at council authorize the study and enter into a Cooperative Agreement with Oak Park Heights. ACTION REQUIRED If Council concurs with the recommendation, should pass a resolution approving the Norrell and Washington Avenue Intersection Study Cooperative Agreement. RESOLUTION 2017-123 APPROVAL OF AGREEMENT WITH THE CITY OF OAK PARK HEIGHTS FOR THE WASHINGTON/NORRELL[HIGHWAY 36 FEASIBILITY STUDY BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the cooperative agreement between the City of Oak Park Heights and City of Stillwater for the Norrell &Washing Avenue Intersection Study, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor and City Administrator to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Norrell&Washington Ave—Intersection Study COOPERATIVE AGREEMENT Whereas the City of Oak Park Heights, (OPH) and the City of Stillwater, (STW) have jointly expressed an interest in studying possible methods and options to improve the functionality of the Norrell / Washington Ave. intersection with STH 36 as its functionality is likely less than optimal. And, as the State of Minnesota, (State) has available funding from remaining HPP—MN126 sources and which would require a local 20% match, both cities agree to undertake the above study, (Study) if State funding is available. And, whereas the estimated costs of the Study total $50,000; each City would be responsible for$5,000 of such total costs—with the balance of the funding from the State. $50,000:$40,000 State&$10,000 Local. Both Cities agree to the following: • OPH shall be the lead agency and coordinate all funding and work through the State and Engineering Consultants. OPH shall not charge any supplemental or administrative fees for such coordination.Supplemental work or other requested items outside the approve SCOPE OF WORK —as found in Exhibit A,shall be 100% billable to the party requesting such work. • Each city shall fund one-half of the local share of the costs, estimated to be$5,000 for each city as outlined in the SCOPE OF WORK. OPH shall bill STW at the conclusion of the project. • Each city does approve the SCOPE OF WORK attached hereto as Exhibit A and which shall be completed through OPH engineering consultant—STANTEC. CITY OF STILLWATER CITY OF OAK PARK HEIGHTS Ted Kozlowski,Mayor Date Mary McComber,Mayor Date J.Thomas McCarty City Administrator Date Eric Johnson,City Administrator Date 1 of 6 EXHIBIT A: SCOPE OF WORK AND DELIVERABLES Trunk Highway 36 at Norell Ave. N in Oak Park Heights and Stillwater,MN Traffic Study and Concept Layout Development SEE ATTACHED 2of6 SCOPE OF WORK AND DELIVERABLES Trunk Highway 36 at Norell Ave. N in Oak Park Heights and Stillwater,MN Traffic Study and Concept Layout Development PROJECT OVERVIEW The City of Oak Park Heights in cooperation with MnDOT and the City of Stillwater is in need of professional, technical assistance to provide a traffic study and concept layout development at the intersection of TH 36 and Norell Ave. N. The study will include the frontage road intersections immediately north and south of the TH 36/Norell Ave. N intersection. 1.0 PROJECT MANAGEMENT Project management will include work necessary for communication and completion of the project tasks on time and within budget. The Contractor's staff will have the training and expertise necessary for the work tasks to which they are assigned. 1.1 Project Management&Administration 1.1.1 Monthly Budget & Billing (Invoice and Status Report): Invoices will be accompanied by a cover letter explaining the general status of the project, including at a minimum the work completed to date, the anticipated remaining efforts and required schedule changes; progress report form; and supporting data for direct expenses. 1.1.2 Monthly Update to the City's and State's Project Manager: On a monthly basis defined as the first Friday of every month, the Contractor's Project Manager will update the City's and State's Project Manager with regards to the status of the project schedule, budget and general status/progress. 1.2 Schedule The Contractor will submit a refined project schedule based on discussions with the City's and State's Project Manager. The project schedule will be developed and maintained by the Contractor. 1.3 Kick-off Meeting A Kick-off meeting will be held to establish communications protocol, discuss the project schedule and review details of the study process. The Contractor will receive available existing information from the City and State including existing traffic data and any previous studies performed. Also, there will be a brief discussion of known issues and concerns, The Contractor will prepare an agenda and meeting minutes. 1.4 Study Team Meetings Meetings will be held at least every other month during the study. With the Contractor's Project Manager and task leaders present, the project schedule and budget status will be reviewed. Issues that may affect the schedule, budget, or work quality will be presented and addressed. The Contractor will prepare agenda and facilitate the Study Team meetings. The Contractor will also prepare and distribute meeting minutes. Scope of Work and Deliverables: TH 36 at Norell Ave.N in Oak Park Heights,MN 3 of�of 4 1.5 Deliverables City's and State's Deliverables: 1. Review and respond to submittals. 2. Coordinate internal reviews. 3. Provide copies of project correspondences and project information. 4. Attend meetings. 5. Approve deliverables. Contractor's Deliverables: 1. Schedule and attend meetings. 2. Hold monthly update meeting or conference call with City's and State's Project Managers. 3. Prepare meeting agendas and minutes. 4. Prepare and submit monthly progress and status reports. 5. Maintain project schedule. 6. Provide timely copies of critical correspondences and project issue data. 7. Submit refined schedule. 2.0 DATA COLLECTION Perform sufficient data collection, field studies and analysis to provide a framework for the study. 2.1 Data Collection Data Collection includes but is not limited to: 2.1.1 13-hour A.M and P.M. peak hour turning movement counts will be taken at the intersection of TH 36 and Norell Ave. N as well as the frontage road intersections immediately north and south of the intersection. 2.1.2 Existing right of way drawings and plats. 2.1.3 Crash history at the three intersection locations over the past five years. 2.1.4 Existing previous studies involving the TH 36/Norell Ave. N intersection. 2.2 Deliverables City's and State's Deliverables: 1. Existing right-of-way drawings and plats. 2. Previous studies, if applicable. Contractor's Deliverables: 1. 13-hour A.M. and P.M. peak hour turning movement counts. 2. Five-year crash history. 3.0 EXISTING INTERSECTION REVIEW 3.1 Existing Intersection Review Using field collected traffic information and past corridor data available or provided by the City and State, the 13-hour existing A.M. and P.M. peak hour traffic operations at the three study intersections will be analyzed using Synchro/SimTraffic software packages as necessary. Using Synchro/SimTraffic for all analyses will allow for easy comparison Scope of Work and Deliverables: TH 36 at Norell Ave N in Oak Park Heights,MN 4 Aof 4 between scenarios. The computerized operations will be compared with the field observations to verify results and provide confidence in the software's ability to determine future operations. Standard measures of evaluation, such as levels of service, average delays, and 95�h percentile queue lengths will be determined. The existing crashes at these intersections will be analyzed as part of this task. The evaluation will discern trends or patterns in the crashes and compare the existing rates against the averages for the type of intersection, including the critical crash rate as well as statewide averages. The results of the existing analysis will provide a base upon which to compare the alternatives. These results will also be provided to the City and State, in tabular form, for review and comment before moving forward with the evaluation of alternatives. 3.2 Deliverables City's and State's Deliverables: 1. Review and approval of submittals. Contractor's Deliverables: 2. Existing conditions traffic and crash analysis. 4.0 ANALYSIS OF ALTERNATIVES 4.1 Analysis of Alternatives An operational analysis will be performed at the three intersections using the existing and projected 2040 volumes during the A.M. and P.M. peak hours. Projected year 2040 volumes will be established through a review of current local and state transportation and planning studies as a base. The analysis will include capacity and level of service analysis with existing and future 2040 volumes. The results of the 2040 analysis will be used to develop a list of geometric or other operational improvements within the study area. Up to three key improvements will be selected for further analysis. Measures of effectiveness will be developed for the three potential improvements. 4.2 Deliverables City's and State's Deliverables: 1. Review and approval of submittals. Contractor's Deliverables: 2. Operational Analysis of three key improvements. 5.0 CONCEPT LAYOUT DEVELOPMENT 5.1 Concept Layout Development Upon review of the existing and future traffic analysis as well as the crash history up to three concept layouts will be prepared providing recommended improvements for the three intersections. These concepts will be developed to show improvements that will improve the overall operation of all three intersections together. The concepts will show line work over aerial mapping to show potential right of way impacts. The concepts will be developed to a Scope of Work and Deliverables: TH 36 at Norell Ave.N in Oak Park Heights,MN 5 Aof 4 point where preliminary concept cost estimate ranges can be developed. The concept cost estimates will be based on State average bid prices from the latest year available. For quantities not able to be clearly defined, such as utility work, a percentage of cost will be used. Contingency costs will also be added as a percentage of construction costs. The concept cost estimate ranges and assumptions, including a most likely cost estimate, will be provided to the City and State for review and comment before being incorporated into the final report. 5.2 Deliverables City's and State's Deliverables: 1. Review and approval of submittal Contractor's Deliverables: 1. Develop three concept layouts. 2. Cost estimates of concepts. 6.0 REPORT PREPARATION 6.1 Report Preparation Once the analysis has been completed and recommendations developed and discussed, a draft report will be prepared. The draft report will include the existing and future conditions analysis, concept layouts and cost estimates. Upon review and comment on the draft report, the final report will be prepared and submitted to the City and State. 6.2 Deliverables City's and State's Deliverables: 1. Review and approval of submittal. Contractor's Deliverables: 1. Draft and Final Traffic Study Report. Scope of Work and Deliverables: TH 36 at Norell Ave. N in Oak Park Heights,MN 6of 6 of 4 watel Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole,Human Resources Manager DATE: June 19, 2017 SUBJECT: 2017-2018 Labor Agreement between City of Stillwater and LELS Patrol ................ ............................ BACKGROUND The City of Stillwater and Law Enforcement Labor Services,Inc., (LELS)Patrol Officers Local 257 concluded negotiations for a successor labor agreement for 2017 and 2018 and the LELS Patrol Local 257 membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration–2 year agreement,January 1, 2017 through December 31, 2018; Wages o Implementation of Classification Compensation System effective January 1, 2017: • Effective ]/]/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined • Feathered implementation of Officer Frank and new Officers with implementation at 80% of Grade 10, Step I effective January 1,2017; 85%of Grade 10, Step I effective July 1, 2017; 90% of Grade 10, Step I effective January 1, 2018; and 95%of Grade 10, Step I effective July 1, 2018 with full implementation effective January 1, 2019. • Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter • Delete longevity pay references o General Wage Increase: 2.25%increase effective January 1, 2017; 2.5% increase effective January 1, 2018; Health Insurance–Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018. • Memorandum of Understanding regarding forced overtime—In the event a posted overtime shift has not been filled one week in advance of the shift, the overtime shift shall be assigned to the least senior Patrol Officer subject to conditions set forth in the Memorandum. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and LELS Patrol Local 257 is consistent with direction from City Council for labor negotiations. The LELS Patrol Local 257 has approved the 2017-2018 labor agreement. Increased contract costs are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2017-2018 Labor Agreement between the City of Stillwater and LELS Patrol Local 257." RESOLUTION 2017-129 APPROVING THE 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LELS PATROL LOCAL ##257 BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2017-2018 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services, Inc., Patrol Local #257, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration—2 year agreement, January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: ■ Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined ■ Feathered implementation of Officer Frank and new Officers with implementation at 80% of Grade 10, Step 1 effective January 1, 2017; 85% of Grade 10, Step 1 effective July 1, 2017; 90% of Grade 10, Step 1 effective January 1, 2018; and 95% of Grade 10, Steps 1 effective July 1, 2018 with full implementation effective January 1, 2019. ■ Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter ■ Delete longevity pay references o General Wage Increase: 2.25% increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance—Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018; • Memorandum of Understanding regarding forced overtimeIn the event a posted overtime shift has not been filled one week in advance of the shift, the overtime shift shall be assigned to the least senior Patrol Officer subject to conditions set forth in the Memorandum; BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 2 0 th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 257) January 1, 2017 through December 31, 2018 TABLE OF CONTENTS ARTICLE PAGE ARTICLE PURPOSE 0pAGREEMENT--.---_-----_........ ..........---...... .-. ....--3 ARTICLE11 RECOGNITION.....................--..........._...........................................---- ....---.3 ARTICLE III ........... ......—_.... ....3 ARTICLE IV EMPLOYER SECURITY..................................................................................................4 ARTICLE EMPLOYER AUTHORITY...............................................................................................4 ARTICLE VI UNION SECURITY................................... ...........~.-........... -..~.....................--4 ARTICLE V1| EMPLOYEE RIGHTS'GRIEVANCE PROCEDURE.....................................................4 ARTICLE VIII SAVINGS CLAUSE .... — .........__----_-----_---______---_—_7 ARTICLE IX S[Nl00JTY-._. ........... _.-_.~.~.......... ............... .......... --~-_-...~........... __.7 ARTICLE DISCIPLINE ......._-..........._.......... ...................... ~._...— ........................ ...--.7 ARTICLE XI CONSTITUTIONAL PROTECTION................................................................................8 ARTICLE XII OVERTIME........................................................................................................................S ARTICLE XIII COURT TIME---____—. ..............._.—_—_—_--............ ........-- .......—_-8 ARTICLE XIV CALL BACK TIME..... --------------_----_—'-----_--__..8 ARTICLE XV WORKING OUT 0PCLASSIFICATION...... — ............—~ ............ ......—.-.~—.......9 ARTICLE XVI SICK LBAVB__----__—_—..---_----_----__----.---_----9 ARTICLE XVII SEVERANCE PAY.......................................................................................................... O ARTICLE XVIII H( LJ[Al/B._................. ...._.._...._........ .~.._~.-.._.,..—_-.^.~_~.._.,_.,..^^^^~—^�@ ARTICLE XD( YACATK}N__.............................,-......... ..........._..-.~..~.-.___..—._..—.11 ARTICLE XX UNIFORMS.... ......... ----....... _—_.--.----__—.^—.-__—_--_.,_..11 ARTICLE XXI INSURANCE.......................................................................... ART1CLBXXIl UNION STEWARD.........................................................................................................l2 A8T[CLB}[XlDl MILITARY LEAVE..........................................—.-. .......~—.-------_—.~. .....l2 A8TlCLE>CXIV WAIVER ..........___-------.---_—_—_,_--._......... ....... ................... .|2 AR7{CLGXXV HOURS OF EMPU3YMENT...--._ ....... —_—__--_------..----_—]3 ART|CLB}D{V} SHIFT DIFFERENTIAL..................................................................................................l3 ART/CLE}D{Vll DURATION.....................................................................................................................l2 AB?ICLB}CXVll K-9 OFFICER......... -----__—_._--~_~._...--..~. ..................................._l3 APPENDIX .._._............................ ........... ........... ._....-...__........-.....~.........,~,-......l4 APPENDIX —__—.---__-----------------_— ....... ........l5 APPENDIX ............. —,---16 APPENDIX —_—__—_-------_--........................ ........---_—......l7 LELS(Local No.257)Labor Agreement LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 257) ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 2017 between the City of Stillwater, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Inc. (Local No. 257), hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' agreement upon the terms and conditions of employment for the duration of the AGREEMENT. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 8, for all police personnel in the following job classifications: POLICE OFFICER JUVENILE OFFICER INVESTIGATOR NARCOTICS OFFICER 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services (Local No. 257). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Stillwater Police Department. 3.5 EMPLOYER: The City of Stillwater. 3.6 CHIEF: The Chief of the City of Stillwater Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc. (Local No. 257). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including two rest breaks and a lunch break. LELS(Local No.257)Labor Agreement Page 3 of 18 3.10 REST BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAKS: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year(12 months from the date of hire). Probationary employees may be terminated at the sole discretion of the EMPLOYER. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets;to determine the utilization of technology;to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited to this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179A.06, Subdivision 3, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a Steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the AGREEMENT. LELS(Local No.257)Labor Agreement Page 4 of 18 7.2 UNION REPRESENTATIVES: The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the employee and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE: Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1.An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2.If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER- designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated Representative's final answer in Step 3. Any grievance not appealed in LELS(Local No.257)Labor Agreement Page 5 of 18 writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4.A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances," as established by the Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7. CHOICE OF REMEDY If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 4 of Article VII or another appeal procedure LELS(Local No.257)Labor Agreement Page 6 of 18 and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to a federal and state administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. ARTICLE X DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; C) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. LELS(Local No.257)Labor Agreement Page 7 of 18 10.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII OVERTIME 12.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. 12.2 Overtime will be distributed as equally as practicable, with separate rosters for on- duty and off-duty overtime. 12.3 Overtime refused by employees will, for record keeping purposes under Article 12.2, be considered as unpaid overtime worked. 12.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12.5 Overtime will be calculated to the nearest fifteen minutes. 12.6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 12.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the employee and the Police Chief. Carry over of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31 st of each calendar year shall be paid off on that date. ARTICLE XIII COURT TIME An employee who is required to appear in court on their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1-1/2) times the employee's base pay rate. An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the three (3) hour minimum. ARTICLE XIV CALL BACK TIME An employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half(1-1/2) times the employee's base pay rate. An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2)hour minimum. LELS(Local No.257)Labor Agreement Page 8 of 18 ARTICLE XV WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification for one work period or more shall receive the salary schedule of the higher classification. ARTICLE XVI SICK LEAVE 16.1 Sick leave will be suspended after benefits have been exhausted. However, an employee who has fulfilled all of the requirements for vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted any disabled employee may apply, in writing, for an authorized leave of absence which when added to the period for which benefits have been paid shall not exceed one year. Such application shall be accompanied by a physician's certificate to the effect that such disabled employee has not been able to return to work. Upon return to employment, the employee shall retain all accumulated service credit of time worked prior to the employee's disability but shall receive no service credit for the period of absence. 16.2 EMPLOYEES HIRED AFTER APRIL 24, 1989 1. All full-time employees hired after April 24, 1989 shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: a. If term of employment has been one year but less than two years, one week of full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. C. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. f. If term of employment has been 20 - 25 years - full pay 39 weeks; half pay 13 weeks. g. If term of employment has been 25 years or more -full pay 52 weeks. 2. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. 3. Sickness disability benefits usage shall be subject to the following conditions: a. An employee may use the full entitlement only once annually. b. Any days used by an employee must be earned at the following earning rate: employee shall earn sickness disability leave at the rate of two shifts for each month worked. C. Sickness disability leave time cannot be earned during the time an employee is on sick leave. LELS(Local No.257)Labor Agreement Page 9 of 18 d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. 4. Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall than be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. 6.. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation which has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. ARTICLE XVII SEVERANCE PAY 17.1 One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten (10) years of service with the City. In the event of death while still employed,the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty(60) days of full pay. 17.2 The City agrees to allow employees to participate in a Post Employment Health Care Savings Plan through the Minnesota State Retirement System. One-half (1/2) of an employee's severance pay as provided in Section 17.1 shall be deposited in a MSRS Post Employment Health Care Savings Plan at the time of retirement. ARTICLE XVIII HOLIDAYS 18.1 Employee shall be entitled to eleven (11) paid holidays per year. 18.2 Holiday pay shall be made the first pay day in the month of December of each year. 18.3 The hourly rate for holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three (173) hours per month. LELS(Local No.257)Labor Agreement Page 10 of 18 18.4 Any employee required to work on any of the following holidays shall be granted an additional one-half(1/2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday. New Year's Day Martin Luther King Day President's Day July 4t" Memorial Day Labor Day Veterans Day Thanksgiving Day Christmas Day 18.5 Immediately preceding the 1 st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. ARTICLE XIX VACATION 19.1 Permanent employees shall be entitled to the following schedule: From 0 thru 12 months employment 6.66 hours per month From 1 year thru 4 years employment 80 hours per year After 4 years thru 10 years employment 120 hours per year After 10 years thru 15 years employment 160 hours per year After 15 years 8 additional hours for each year up to twenty years for a maximum of 200 hours. 19.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment and must be taken within one (1) year except that a maximum of eighty (80) hours of vacation may be carried over into the next year. There shall be a maximum of 240 vacation during any one (1) calendar year. 19.3 One continuous vacation period shall be selected on the basis of seniority until March 1 st of each calendar year. ARTICLE XX UNIFORMS The EMPLOYER shall provide required uniform articles and equipment to new hires, including Juvenile Officer, K-9 Officer and specialty assignments. Effective January 1, 2016, the Employer shall allocate to each non-probationary employee $750 per year for the replacement and maintenance of all required regular patrol and investigations uniform articles and equipment. Body armor will be provided by the Employer. This amount shall not carry over into the next calendar year. ARTICLE XXI INSURANCE 21.1 The Employer shall contribute 100% of the premium for the single plan. Effective January 1, 2017, the EMPLOYER will contribute up to one thousand one hundred seventy-six dollars and eighty six cents ($1,176.86) per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2018, the EMPLOYER will contribute up to one thousand one hundred ninety-one dollars and eighty six cents ($1,191.86) per month,per employee toward group health insurance coverage, including dependent coverage. 21.2 Ten dollars ($10) of the maximum stated in 21.1 may be utilized to provide an employee dental insurance program for all unit employees if the UNION notifies the EMPLOYER that the unit employees desire such coverage. LELS(Local No.257)Labor Agreement Page 11 of 18 21.3 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. 21.4 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer ARTICLE XXII UNION STEWARD The EMPLOYER agrees that the employee designate Steward under Article 6.2 of this AGREEMENT shall be allowed a maximum of forty (40) hours of duty time annually to attend to UNION matters as designated by the UNION in addition to the other Steward activities as provided for in this AGREEMENT. ARTICLE XXIII MILITARY LEAVE The EMPLOYER agrees to allow military leave as provided by law. ARTICLE XXIV WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXV HOURS OF EMPLOYMENT The work week will consist of an average forty (40) hours per week. ARTICLE XXVI SHIFT DIFFERENTIAL Effective January 1, 2015, employees shall be eligible for shift differential of$.50 per hour for hours worked between 8:00 p.m. and 6:00 a.m. ARTICLE XXVII DURATION LELS(Local No.257)Labor Agreement Page 12 of 18 The AGREEMENT shall remain in full force and effect for a period commencing January 1, 2017 through December 31, 2018. In the event a new AGREEMENT is not in effect January 1, 2019, all compensation, working conditions and benefits shall remain in effect as set forth in this AGREEMENT until a successor AGREEMENT is effected. ARTICLE XXVIII K-9 OFFICER 29.1 K-9 Officer shall receive handler time at the rate of one-half (1/2) hour for each scheduled work day and one(1) hour for each scheduled off for care and maintenance of the police dog. 29.2 K-9 Officer handler time shall be at a time mutually agreeable to the employee and supervisor. 29.3 K-9 Officer handler time does not preclude the employee from the overtime provisions of this contract for hours worked outside the regular work schedule. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 2017. FOR THE CITY OF STILLWATER: FOR Ll,-,LS (Local No. 257): LELS(Local No.257)Labor Agreement Page 13 of 18 0 CL rn 4 (1)o � � rn 3 (Dv Ln LA CL (3) Ln r a) b 9 4-( 00 cdo Q c� H ^ -- n b CA O c� N (1) m¢ + a) p >I r+ W H r, (D ..- N N bA U c Cd fC0 a cu � ULA oat W d -L4 00 F, Qi Ln � aj Lr) a x o cr-I M U m _ cC N o Q, y O O '� m p �' W N L cC a N aQ M � 3 a r. � 41 o c r, Ci .- -0O- 4= ai LD ... ...... to co N a) m C O O cn C,2U H Ln N a3 N N bA U N N O � u00'� N}�.� g Q1 Pr N Ql N Ln j 69 69 Cd00 O is U O � N w FW O O U by ria O0 3 w a L) a 9 o � � 2 Q W W 'u o a, 4° 4� +, oai o a a 0 / E q 41 & . � � � k § E \ � � � # \ � k f E Q W o 4A- 00■ $ ® CL 2 t \ & k � / E q E -V�tw � § m / 9 ƒ m0. + a) 2 / t4 § \ # r M / L { \ ¢ 2, � q \ � CA � Q ƒ a 2 y DO C \ § j c ° /Ln m 2 00d 2 rn� CD J 4� Qo Ln u § N 3 ) ') Ln 00 § Ln § . . . . . . \ k Lq CL a § rn § . G u J /d cu » k 7 0 § � 7 2 2 k 0 ® a a 2 0 APPENDIX C MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES,INC. LOCAL No. 257 The City agrees to meet and confer regarding the increasing number of days officers are not allowed to take off. LELS(Local No.257)Labor Agreement Page 16 of 1.8 APPENDIX D MEMORANDUM OF UNDERSTANDING Between CITY OF STILLWATER and LELS (Patrol Officers) Distribution of Forced Overtime This Memorandum of Understanding is entered into between the City of Stillwater(hereafter"City") and Law Enforcement Labor Services, Inc. representing the Patrol Officers (hereafter"Union"). WHEREAS, the City and the Union are parties to a collective bargaining agreement; and WHEREAS, the Union has expressed concerns regarding senior Officers being forced to work overtime shifts. NOW, THEREFORE, the parties hereto agree as follows: I In the event a posted overtime shift has not been filled one week in advance of the shift, the overtime shift shall be assigned to the least senior Patrol Officer subject to the following conditions: a. If the least senior Patrol Officer is scheduled to work within the eight(8) hour period preceding the start time of the posted overtime shift, the second least Patrol Officer who is not scheduled to work within the eight (8) hour period preceding the start time of the posted overtime shift shall be assigned the overtime shift. This process shall continue up the seniority list until a Patrol Officer who is not scheduled to work within the eight (8) hour period preceding the start time of the posted overtime shift has been identified to be assigned the overtime shift. b. If a Patrol Officer is assigned an overtime shift pursuant to paragraph Section La., that Patrol Officer is "protected" from a second assigned overtime shift for a one month period from the date of the assigned overtime shift. In this event, the second least Patrol Officer who has not been assigned an overtime shift for a one month period from the date of the assigned overtime shift shall be assigned the overtime shift. This process shall continue up the seniority list until a Patrol Officer who has not been assigned an overtime shift for a one month period from the date of the assigned overtime shift has been identified to be assigned the overtime shift. If all Patrol Officers have been assigned an overtime shift pursuant to Section La. within the one month period and are in "protected" status, the process of assignment shall resume with the least senior Patrol Officer and continue as described herein. LELS(Local No.257)Labor Agreement Page 17 of 18 c. A probationary Patrol Officer who is completing phases I through 4 of the Field Training Officer program is not subject to overtime shift assignments pursuant to this Memorandum. In order to be subject to the overtime shift assignments pursuant to this Memorandum, the Patrol Officer must have successfully completed phases I through 4 of the FTO program. d. This Memorandum shall not apply to early reports, hold-overs, shift extensions or emergency situations. 2. This Memorandum of Understanding shall be effective upon execution by the parties on a pilot program, trial basis through December 31, 2018. The Memorandum shall sunset on that date unless the parties mutually agree to its extension. 3. This Memorandum of Understanding shall not constitute a precedent with regard to any subsequent negotiations or matters between the parties. 4. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. F Ti OR UN ION: FOR THE CITY: ............................. -—------- LELS(Local No.257)Labor Agreement Page 18 of 18 RESOLUTION 2017-130 APPROVAL OF CONTRACT AMENDMENT WITH SRF CONSULTING GROUP, INC. FOR DOWNTOWN STILLWATER PLAN BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the contract amendment between the SRF Consulting Group, Inc. and City of Stillwater for additional professional services relating to the Downtown Stillwater Plan, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Mayor to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ENGINEERS ' PLANNERS 161 118 1 DESIGNERS Consulting Group,Inc SRF No.9204 June 13,2017 Mr. Bill Tumblad Community Development Director City of Stillwater 216 North Fourth Street Still ter,MN 55082 Subject. Downtown Stillwater Plan—Contract.Amendment Request Dear Mr.Turnblad: Over the course of the Downtown Stillwater Plan update process,several situations have occurred that require the perforrnance by SRF of Additional.Services with respect to the project,in addition to services stipulated in the Original Agreement. This Amendment Agreement,with in effective date ofj�g�20modifies the Original Agreement as follows: Attend Two Meetings with the Minnesota Department of Transportation In response to a request received from the City,two additional mectings,were held with MnDOT representatives to share traffic analysis findings and to discuss what potential design modifications could be made to Highway 95 that M-nDOT would find acceptable.The first meeting was held on September 2,2016 at Stillwater City Hall.This meeting presented information that had just been presented ata D13AC meeting the prior week.The second meeting was held at MnDCYr's office on O- crober 27,2016.Materials presented at this meeting reflected mote recent traffic analysis findings. The following table sumniarizes hours expended to coordinate,prepare for,and attend these meetings. Septemher 2,2016 Alcedng Attendees, Joe DeVore and Joni Giese Hc=s Expended: 8.8 Fees and Expenses: $1,057 Otto he,r 27,2016AIcedng Attendees: Joe DeVore and Joni Giese Hours Expended: 25.1 Fees and Expenses- $3,360 www.srfconsutlting.com One Carlson Parkway North,Suite ISO I Minneapolis,MN 55447-4443 1 783.475.0010 Fax:1.866.440.6364 Ate Equal Opportunity Employer Mr.Bill Tumblad June 1 ,2017 City of Stillwater Page 2 Attend One Additional DPAC Meeting Based on responses received from DPAC members during theJan uary 26 meeting,the City requested that SRF attend an additional meeting with the DPAC to share concept revisions that better addressed concerns that were expressed at the January 26 meeting. Attendees: Joni Giesc Hours Expended: 2 Fees andExpenses: $372 Parking Structure Visualization In response to concerns expressed by DPAC members about potential visual impacts to the river valley that may be created.by the construction of a parking ramp on the south side of to the City requested SRF to prepare a three-dimensional modal that would depict a conceptual ramp at the south end of downtown.The fees presented to include time to develop a feasible concept for a parking ramp for the site and to create the three-dimensional modal of the parking ramp and adjacent landscape.An animation was then created of at the parking ramp would look like as a person drove into to The hours and fees shown below do not include the development of the animation. . SRF Staff: Bill Fossing,Brett Harris,Sean Jergens, and Joni Giese Hours E xpended: 52.9 Fees and Expenses: $5,761 Additional Concept Graphics Changes to SRF's subcontractor,HKG I's scope of services and compensation associated with developing additional concept graphics depicting downtown circulation and parking ramp design, along with attendance at the additional DPAC meeting in February are outlined in Attachment A. Summary In summary,SRF is respcctfitUy requesting a contract amendment in the amount of$16,550.00 to cover the additional services provided. Firm Task Amount SRF MnDCff Meetings $4,417.00 DPAC Meetin 372.00 Parkin R Structure Visualization $5,761.00 HKGi DPAC Meeun and Additional Concept 9ra piucs $6,000.00 TOW $16,550.00 Bill Turablad June 13,2017 City of Stillwater Page 3 By this reference,the following c nts constitute a part of this Amendment Agreement. All other terms and conditions remain unchanged. Attachment A=HKGI Additional Services Proposal Each Party represents that the person executing this Amendment Agreement has the necessary legal authority to do so on behalf of the respective CITY OF SIILLWATER Name Tide Date SRF CONSULTING GROUP, C. Name Tide J'FAIIKkI Date I-i,\Pro%ecta\ \92YJf\,_Correr/�a:deuce\I� \ �v�SNdfaaaf�rP Ague w!1 13.F1a4�r Attachment Creating Places that Enrich Peoples Lives floisington Koegler Group Inc. IN" r March 2, 2017 Joni Giese PLA,ASIA, AICD Principal SRF Consulting Group, Inc. 2SS0 University Avenue West, Suite 316 S Saint Paul, MN S S 114 Re:First Amendment to an Agreement between SRF Consulting Group,Inc.and Hoisington Knegler Group Inc. for services pertaining to the City ofStillwater Downtown Plan U ate at it ,2016 r, Dear Joni: Thank you for taking the time to discuss the project budget with the City of Stillwater. Hoisington Koegler Group Inc. KGi)has enjoyed workirig with SRF Conadting Group,Inc. and the City of Stillwater on the Downtown Plan Update and is committed to providing a high quality product for our contracted portion of e work. HKGi has incurred additional costs related. to additional tasks identified below. In order finalize our portion of the downtown plan update, we offer the following amendment to our original contract between the SRF Consulting Group, Inc. and Hoisington Kocgler Group Inc. dated April 14, 2016. e contract shall be amended to include additional fees in the amount of$6,000.00 including expenses. These additional fees will cover the costs incurred for the following additional . • Design and preparation of additional concept graphics d.epicting downtown circulation and redevelopment alternatives. This includes pedestrian, bike and automobile circulation diagrams and plans depicting alternations to the existing conditions and various redevelopment options. • Design and preparation of additional graphics to study parking ramp design at the southern end of downtown including revisions and coordination with SRF and City staff. • Preparation and attendance dan at an additional DPAC meeting on February 1 , 2017. • Additional project management and coordination with SRF and City staff. C This amendment also assumes the anticipated schedule for completion is as follows: i A rib 6, 2017 DPAC AAectin to review Draft Chapter A ril 20, 2017 Oen House 2 to review Draft Cha ter Elements Revisions to Draft Cha ter Comprehensive Plan Amendment Form 123 North"third Street,Suite 100,Minneapolis,MN 55401-1639 visit us D:612.2323124 13:fl agLi(LkX1,&&aar�� t ter ........... Administration TO: Mayor and City Council Members FROM: Tom McCarty,City Administrator Donna Robole,Human Resources Manager DATE: June 19,2017 SUBJECT: 2017-2018 Labor Agreement between City of Stillwater and LELS Police Sergeants —.—............................................ ....................... BACKGROUND The City of Stillwater and Law Enforcement Labor Services, Inc., (LELS) Police Sergeants Local 254 concluded negotiations for a successor labor agreement for 2017 and 2018 and the LELS Police Sergeants Local 254 membership has voted to approve the agreement. Changes in the contract language include: Contract Duration–2 year agreement,January 1, 2017 through December 31,2018; Wages o Implementation of Classification Compensation System effective January 1, 2017: • Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined • Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following July I anniversary date in 2018 and thereafter Delete longevity pay references a General Wage Increase: 2.25%increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance–Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018. • Pay Upon Promotion–In the event a Stillwater Patrol Officer is promoted to Sergeant,the employee will be placed at a minimum of Step 5 or the step that is at least a 5% increase in the employee's current salary. * Shift Differential–Modify Section 24.1 –employees required to work between 12:00 a.m. and 11:59 p.m. on July 4, the Saturday and Sunday of Harvest Fest, the Saturday and Sunday of Lumberjack Days and the four evening hours of National Night Out shall be eligible for shift differential of$1.00 per hour for hours worked. ........... RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and LELS Police Sergeants Local 254 is consistent with direction from City Council for labor negotiations. The LELS Police Sergeants Local 254 has approved the 2017-2018 labor agreement. Increased contract costs are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2017-2018 Labor Agreement between the City of Stillwater and LELS Police Sergeants Local 254." RESOLUTION 2017-131 APPROVING THE 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LEIS Police Sergeants Local 254 BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2017-2018 Labor Agreement between the City of Stillwater and Law Enforcement Labor Services, Inc., Police Sergeants Local #254, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration - 2 year agreement, January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: • Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following July I anniversary date in 2018 and thereafter Delete longevity pay references ■ Delete longevity pay references o General Wage Increase: 2.25% increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance - Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018; • Pay Upon Promotion - In the event a Stillwater Patrol Officer is promoted to Sergeant,the employee will be placed at a minimum of Step 5 or the step that is at least a 5% increase in the employee's current salary; • Shift Differential - Modify Section 24.1 - employees required to work between 12:00 a.m. and 11:59 p.m. on July 4, the Saturday and Sunday of Harvest Fest,the Saturday and Sunday of Lumberjack Days and the four evening hours of National Night Out shall be eligible for shift differential of$1.00 per hour for hours worked; BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 2 0 th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES,INC. POLICE SERGEANTS (LOCAL NO.254) JANUARY 1,2017 THROUGH DECEMBER 31,2018 TABLE OF CONTENTS ARTICLE PAGE TABLEOF CONTENTS........................................................................................................................................2 ARTICLE 1 PURPOSE OF AGREEMENT............................................................................................3 ARTICLE 2 RECOGNITION..................................................................................................................3 ARTICLE3 DEFINITIONS...............................................................................,.....................................3 ARTICLE 4 EMPLOYER SECURITY....................................................................................................4 ARTICLE 5 EMPLOYER AUTHORITY................................................................................................4 ARTICLE 6 UNION SECURITY..............................................................................................................4 ARTICLE 7 GRIEVANCE PROCEDURE...............................................................,......................,.......5 ARTICLE 8 SAVINGS CLAUSE..............................................................................................................7 ARTICLE 9 SENIORITY..........................................................................................................................8 ARTICLE 10 PROBATIONARY PERIODS..............................................................................................8 ARTICLE11 DISCIPLINE..........................................................................................................................8 ARTICLE 12 CONSTITUTIONAL PROTECTION.........................-...._.....,......,.,,.................................9 ARTICLE13 OVERTIME PAY.....................................,.........................................,,................................9 ARTICLE14 COURT TIME..................................,,..„....---.........—...............,.......,.................................9 ARTICLE 15 CALL BACK TIME...........................................................................................................10 ARTICLE16 SICK LEAVE......................................................................................................................10 ARTICLE 17 SEVERANCE PAY.............................................................................................................12 ARTICLE18 HOLIDAYS.............................................................................................,............................12 ARTICLE19 VACATION,....--..................................... ................................ ...........................,..... 12 ARTICLE20 UNIFORMS.........................................................................................................................13 ARTICLE 21 INSURANCE.......................................,..............................................,................................13 ARTICLE 22 MILITARY LEAVE........................................................................,..................................13 ARTICLE 23 SHIFT DIFFERENTIAL...................................................................................................13 ARTICLE24 WAIVER.............................................................................................................................13 ARTICLE25 DURATION..........................................,..............................................................................14 APPENDIXA .......................................................,.....................................................................................15 APPENDIXB .............................................................................................................................................16 APPENDIXC ..................................................................................................................17 LELS(Local No.254)Labor Agreement Page 2 of 17 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND LAW ENFORCEMENT LABOR SERVICES,INC. POLICE SERGEANTS (LOCAL 254) ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Stillwater, hereinafter called the EMPLOYER, and the Law Enforcement Labor Services, Inc. Stillwater Police Sergeants, hereinafter called the UNION. The intent and purpose of this AGREEMENT to: 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Place in written form the parties' full agreement upon the terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION,through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in a unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 01-PCE-775 as: all essential licensed supervisory employees of the Stillwater Police Department, Stillwater, Minnesota, who are public employees within the meaning of Minnesota Statute 179A.03, Subd. 14, excluding confidential employees. 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 UNION: Law Enforcement Labor Services,Inc. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Stillwater Police Department. LELS(Local No.254)Labor Agreement Page 3 of 17 3.5 EMPLOYER: The City of Stillwater. 3.6 CHIEF: The Chief of the City of Stillwater Police Department. 3.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.8 SCHEDULED SHIFT: A consecutive work period including two rest breaks and a lunch break. 3.9 REST BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. ARTICLE 4 EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5 EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such deduction in writing an amount necessary to cover monthly UNION dues or a "fair share" deduction as provided by Minnesota Statutes 179.65, Subdivision 2, if the employee elects not to become a member of the UNION. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate an employee from the bargaining unit to act as a Steward and an alternate. The UNION shall inform the EMPLOYER in writing of such choice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notices and announcements. LELS(Local No.254)Labor Agreement Page 4 of 17 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suites, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this ARTICLE. ARTICLE 7 GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES: The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated, as provided by Section 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employee and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the EMPLOYER. 7.4 PROCEDURE: Grievances as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1.An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER - designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten(10) calendar days shall be considered waived. LELS(Local No.254)Labor Agreement Page 5 of 17 Step 2.If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER's Step 2 answer in writing within ten(10)calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated Representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3.If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 Representative. The EMPLOYER-designated Representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated Representative's final answer in Step 3. A grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4.A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5.A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The EMPLOYER and the UNION Representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Minnesota Bureau of Mediation Services. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The LELS(Local No.254)Labor Agreement Page 6 of 17 arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be home equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record or the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION. 7.7 CHOICE OF REMEDY: If, as a result of the written EMPLOYER response to Step 3 the grievance remains unresolved, and if the grievance involves the suspension, demotion or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 5 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 5 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article Vii. ARTICLE 8 SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to an administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other LELS(Local No.254)Labor Agreement Page 7 of 17 provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9 SENIORITY 9.1 Employer seniority shall be determined by the EMPLOYEE'S length of continuous employment with the Police Department. Job classification seniority shall be determined by the EMPLOYEE'S length of continuous employment in a position covered by this Labor Agreement. Seniority lists shall be posted in an appropriate location. 9.2 A reduction of the work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 9.3 Shift bids shall be by seniority at the sole discretion of the Police Chief. ARTICLE 10 PROBATIONARY PERIODS 10.1 All newly hired or rehired employees will serve a one (1) year probationary period. 10.2 All employees will serve a one (1) year probationary period in any job classification in which the employee has not served a probationary period. 10.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 10.4 At any time during the probationary period a promoted employee may be demoted to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 11 DISCIPLINE 11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: A. oral reprimand; B. written reprimand; C. suspension; D. demotion; or E. discharge. 11.2 Suspensions, demotions and discharges will be in written form. LELS(Local No.254)Labor Agreement Page 8 of 17 11.3 Written reprimands, notices of suspension and notices of discharge, which are to become part of an EMPLOYEE'S personnel file shall be read and acknowledged by signature of the EMPLOYEE. EMPLOYEE and the MON will receive a copy of such reprimands and/or notices. 11.4 EMPLOYEES may examine their own individual personnel files at reasonable times under direct supervision of the EMPLOYER. 11.5 EMPLOYEES will not be questioned concerning an investigation of disciplinary action unless the EMPLOYEE has been given an opportunity to have a UNION representative present at such questioning. 11.6 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 3 of the Grievance Procedure under Article VII. ARTICLE 12 CONSTITUTIONAL PROTECTION 12.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 13 OVERTIME PAY 13.1 Employees will be compensated at one and one-half(I-1/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes in shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record keeping purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen minutes. 13.6 Employees requesting in writing to the EMPLOYER to receive compensatory time off in lieu of paid overtime as established by Section 13.1 of this Article shall be allowed such compensatory time at a time mutually agreeable between the EMPLOYEE and the Police Chief. 13.7 Carryover of compensatory time off shall be at the sole discretion of the Police Chief. Any compensatory time not taken or not authorized to be carried over by December 31 st of each calendar year, shall be paid off on that date. ARTICLE 14 COURT TIME 14.1 An EMPLOYEE who is required to appear in court on their scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (11/2) LELS(Local No.254)Labor Agreement Page 9 of 17 times the EMPLOYEE'S base pay rate. An extension or early report to a regular scheduled shift for court appearances does not qualify the employee for the three (3)hour minimum. ARTICLE 15 CALL BACK TIME 15.1 An EMPLOYEE who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1'/2) times the EMPLOYEE'S base pay rate. An extension of or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. For the purpose of computing call back time compensation, call back hours shall not be pyramided, compounded or paid twice for the same hours paid. ARTICLE 16 SICK LEAVE 16.1 All regular, full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this Contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: A. If term of employment has been one year but less than two years, one week of full pay. B. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. C. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. D. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. E. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks. F. If term of employment has been 20 -25 years - full pay 39 weeks; half pay 13 weeks. G. If term of employment has been 25 years or more - full pay 52 weeks. 16.2 No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. 16.3 Sickness disability benefits usage shall be subject to the following conditions: A. An EMPLOYEE may use the full entitlement only once annually. Full entitlement is defined as the accrual amount for the length of service to the City. LELS(Local No,254)Labor Agreement Page 10 of 17 B. Any days used by an EMPLOYEE must be replaced at the following earning rate: Employees with less than five (5) years service shall earn back a sickness disability leave at the rate of eight (8) hours for each month worked. Employees with five (5) years, but less than ten (10) years service shall cam back sickness disability leave at the rate of twelve (12) hours for each month worked. Employees with ten (10) or more years service shall earn back sickness disability leave at the rate of sixteen (16) hours for each month worked. C. Sickness disability leave time cannot be earned back during the time an employee is on sick leave. D. Only those employees who have utilized sickness disability leave shall earn back sickness disability leave time as a replacement for used leave time. 16.4 Any employee receiving Worker's Compensation benefits because of job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if the employee is receiving Worker's Compensation and does not assign their check, the employee will be paid for the difference between the Worker's Compensation allowance and their regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. 16.5 Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. 16.6 Sick leave will be suspended after benefits have been exhausted; however, an EMPLOYEE who has fulfilled all of the requirements for a vacation that has not been taken may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay and benefits; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accompanied by a physician's certificate stating that such disabled employee had not been able to return to work. Upon return to active employment,the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no such credit for the period of absence. LELS(Local No,254)Labor Agreement Page 11 of 17 ARTICLE 17 SEVERANCE PAY 17.1 One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to EMPLOYEE having completed a minimum of ten (10) years of service with the City. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee had retired due to age or physical disability, as provided above, but in no event shall such death benefit exceed sixty (60)days of full pay. ARTICLE 18 HOLIDAYS 18.1 EMPLOYEE shall be entitled to eleven(11)paid holidays per year, 18.2 Holiday pay shall be made the first payday in the month of December of each year. 18.3 The hourly rate for Holiday pay shall be computed on a forty (40) hour week or one hundred seventy-three(173)hours per month. 18.4 Any employee required to work on any of the following holidays shall be granted an additional one-half (1/2) times the employee's base pay rate in addition to regular pay and holiday pay for the entire shift in recognition of said holiday: New Year's Day President's Day Labor Day Martin Luther King Day, Jr. Day Veterans Day Memorial Day Thanksgiving Day Day after Thanksgiving(effective I/1/09) July 4"" Christmas Day 18.5 Immediately preceding the I st anniversary date of employment, the employee shall be entitled to one additional floating holiday,without holiday pay. ARTICLE 19 VACATION 19.1 Regular, full-time employees shall be entitled to the following schedule: From 0 thru 12 months employment 6.66 hours per month From I year thru 4 years employment 80 hours per year After 4 years thru 10 years employment 120 hours per year After 10 years thru 15 years employment 160 hours per year After 15 years 8 additional hours for each year up to twenty years for a maximum of 200 hours. 19.2 Vacation shall accrue on the January 1st immediately preceding the anniversary date of employment. An employee may cash out any vacation hours that exceed 80 up to a maximum of 40 hours at the rate of pay in effect at the end of the LELS(Local No.254)Labor Agreement Page 12 of 17 previous year. An employee may carryover vacation hours; however, there shall be a maximum of 240 hours vacation during any one(1) calendar year. 19.3 One continuous vacation period shall be selected on the basis of seniority until March I st of each calendar year. ARTICLE 20 UNIFORMS 20.1 The EMPLOYER shall provide required uniform articles and equipment. ARTICLE 21 INSURANCE 21.1 The EMPLOYER shall contribute 100% of the premium for the single plan. Effective January 1, 2017 the EMPLOYER will contribute One Thousand Two Hundred Forty Five and 10/100ths Dollars $1,245.10) per month for the dependent plan. Effective January 1, 2018 the EMPLOYER will contribute One Thousand Two Hundred Sixty and 10/100ths Dollars $1,260.10) per month for the dependent plan. 21.2 The EMPLOYER will provide a $20,000 term life insurance policy for each employee. 21.3 In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties,taxes or fines for the Employer. ARTICLE 22 MILITARY LEAVE 22.1 The EMPLOYER agrees to allow military leave as provided by Minnesota Statutes. ARTICLE 23 SHIFT DIFFERENTIAL 23.1 Employees shall be eligible for shift differential of$.50 for hours worked between 8:00 p.m. and 6:00 a.m. 23.2 Employees required to work between 12:00 a.m. and 11:59 p.m. on July 4, the Saturday and Sunday of Harvest Fest, the Saturday and Sunday of Lumber Jack Days and the four evening hours of National Night Out shall be eligible for shift differential of$1.00 per hour for hours worked. ARTICLE 24 WAIVER 24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations, terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. LELS(Local No.254)Labor Agreement Page 13 of 17 24.2 The parties mutually acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 25 DURATION 25.1 The AGREEMENT shall remain in full force and effect for a period commencing JANUARY 1, 2017 through December 31, 2018. In the event a new AGREEMENT is not in effect January 1, 2019 this AGREEMENT shall remain in full force and effect until a successor AGREEMENT is effected. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of w 2017. FOIA :LELS POLICE SERGEANTS, FOR THE CITY OF STILLWATER: (LOCAL NO.254) LELS(Local No.254)Labor Agreement Page 14 of 17 m 1H y ft3 fI1 ol 00 03 �? c� v b ~ N Cil CCS N 00 Gn o Cc o� 'r kf) y 00 m V) O •�-� O 00 06 � � •� �va c� ''"' "+moi bA U w N y t/) H O 4� 18 u Cd p dm Cd 0 Cd� ^, � v a7 a7 Rei q,� '�' •.� bap "C3 � c w o � d ctc A D, ooh a> > c m J "O fA vN ° L cn C14 +U' M N vUi cd Z d [� et W N bA � sU. m iii J rn v Q >~ v LU -' 00 Cd cc 4 efl O C45 V) 00 �y N " cz O ..O - N cC C6 vqvj ++ O dip � y t/] Ip N �, N M N .> eA O SU O cd U O C]. cit M u H Cd CZ3 o CZ o •-' U � m bl1 cn cr� Gos 00 00 00 G09� Vr Ci W') kf) CQ 00 C> 00 ri 06CN OC) ClVJ i 00 Coll CN C> 00 fA a 421 Q) E a) 00 wi I C� 04 M 0 LO QI rA 04 Cq z C) opo o 0 LU cl� NI C� M6 69 O ER Ctl ti 42, gb APPENDIX C MEMORANDUM OF UNDERSTANDING CONTRIBUTIONS TO POST EMPLOYMENT HEALTH CARE SAVINGS PLAN LELS LOCAL 254 AND CITY OF STILLWATER This Memorandum of Understanding is entered into between LELS Local #254 ("Union") and the City of Stillwater("City"). WHEREAS,the City and the Union are parties to a collective bargaining agreement; WHEREAS, on September 2, 1997, the City has resolved to provide, at City expense, hospital/medical insurance coverage upon retirement (minimum 10 years of service) to any permanent, full-time employee hired prior to December 31, 1998 (Ordinance 844); and WHEREAS, Minn. Stat. Sec. 352.98 allows the City to sponsor a post employment health care savings program that allows employees to save money to pay medical expenses and/or health insurance premiums after termination of public service. NOW THEREFORE,the parties agree that: 1. All employees, except those who qualify under Ordinance 844, shall be eligible to participate in paycheck deduction program (#2 below). All funds collected by the City on behalf of an eligible employee will be deposited into an employee's Post Employment Health Care Savings Plan account as provided by statute. 2. Eligible employees shall contribute $100 per paycheck to the employee's Post Employment Health Care Savings Plan. 3. Upon separation of employment, employees shall be paid 100% of the severance pay benefit that is due to the employee as provided in the collective bargaining agreement. 4. This Memorandum of Understanding shall be in effect beginning April 1, 2015, and shall remain in effect until and unless otherwise amended by the parties in writing. 5. This Memorandum of Understanding represents the full and complete agreement between the parties regarding this matter. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the-of. 2017. FOR THE CITY OF STILLWATER FOR LELS LOCAL#254 .................... ...... LELS(Local No.254)Labor Agreement Page 17 of 17 watet Administration TO: Mayor& City Council FROM: Tom McCarty, City Administrator Bill Turnblad, Community Development Director Dave Magnuson, City Attorney DATE: June 20, 2017 SUBJECT: Request to Create Tax Increment Finance District #12 in Conjunction with Proposed Hotel & Parking Structure Project Located at 2nd & Mulberry BACKGROUND INFORMATION: The developer proposes a 64 unit hotel, restaurant and a two story 105 stall parking ramp. It is proposed that the City trade its surface parking lot at 2nd and Mulberry for the second floor of the parking ramp that would be owned by the City as a condominium unit, with the rights to add addition floors above the City owned level of parking. The completed project is estimated to have a value of$9,100,000. This increased value is the "captured" value and the tax increment law allows the taxes that would normally be collected by the City, County and School District on this captured value to be"captured" and granted to a developer for certain qualified expenses. The captured taxes are the Tax Increments. The hearing on June 201h gives the general public, as well as the School District and the County a chance to be heard on whether the proposed District should be established. Also at the hearing, the Council will be asked to approve or decline the formation of the District,and to make a finding that the development proposed would not be take place without the TIF assistance requested. In anticipation of the hearing, a notice was published, and a copy of the Plan was sent to the School District and the County. Washington County has expressed its support of proposed TIF #12—see attached letter. If the District is approved, it would authorize a grant of tax increments that would equal the cost to construct the portion of the parking ramp that would be owned by the City. The estimate of those costs is $2.5 Million. Through discussion with the developers, they have reduced that request to$1.9 Million. Although the developers have other eligible costs, such as land acquisition costs and demolition costs, the developer has not asked for TIF assistance to cover those costs. 2164 th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us wa, I ter ......... ................ s ` SPECIFIC REQUEST: Consider creation of Proposed TIF District #12 ALTERNATIVES: A. Approval. If creation of TIF District #12 is in the best interests of the City, the City Council should adopt the resolution approving creation of TIF District#12 and direct staff to complete final steps for creation of the district, including creation of development agreement with the Developers of the project. B. Deny. If creation of TIF District#12 is not in the best interests of the City,the City Council should deny the resolution. 2164 1h Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us ® B Fsran�Mf onCommissioners Chai s®one}s Stanley Karwoski, District 2 ounty Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, District 5 June 20, 2017 Mr. David T. Magnuson Stillwater City Attorney 324 Main Street South,Suite#260 Stillwater, MN 55082 Dear Attorney Magnuson, Thank you for the opportunity to provide comments regarding the plans to create two tax increment financing (TIF) districts within the City of Stillwater. TIF District#12 is proposed to facilitate the redevelopment of the downtown area through the rehabilitation of the Water Street Inn and a new 22-unit addition. TIF District#13 is proposed to facilitate a mixed use development consisting of a 64-unit hotel, a restaurant and a parking structure in the northern part of downtown Stillwater. In 2015,the County Board adopted a revised policy related to comments on municipal tax increment financing proposals. In that policy, it states the board shall review proposals in order to understand the financial implications, its consistency with the county's comprehensive plan for land use and transportation,the impact on the county's tax base, and its impact on redeveloping blighted areas and increasing housing opportunities within the county. After reviewing the proposed new districts, and pursuant to Minnesota Statute 479.175,the county expresses its support for the projects as outlined in the TIF plans. This support is consistent with the County Board's goals through the newly formed Community Development Agency (CDA)to support the efforts of cities within the county to increase the county's tax base and to increase the number of jobs. Staff from the county's Property Records and Taxpayer Services Department has also reviewed and identified a few administrative issues related to the plans. In the plan for TIF District#12, parcel number 28.030.20.13.0159 is identified to be included in the district. Our records show this parcel was already included in the city's TIF District#10 (County TIF#71). In order for this parcel to be included in TIF#12 it would first need to be removed from TIF#10. Also,the Financial Analysis, on page 2 of Exhibit C, has transposed the county and school district impacts. The plan reads, "The estimated tax increments over the life of the District attributable to the School District levies assuming the School District share of the total local tax rate remains the same is$46,467 per year. The estimated amount of tax increments over the life of the District that would be attributable to County levies assuming the county's share of the total local tax rate remains the some would be$34,094.12 per year." The numbers in these two paragraphs are transposed. The annual impact to the county would be$46,467 per year. Washington County, a great place to live, work and play....today and tomorrow. Government Center•14949 62nd Street North• P.O.Box 6•Stillwater, MN 55082-0006 Telephone:651-430-6001 • Fax:651-430-6017•TTY:651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer City of Stillwater TIF comment letter Page 2 Lastly,just wanted to point out that while the financial analysis in Exhibit C for TIF District#13 is correct,the analysis is based on current values. The two parcels to be included in the district are the subject of a tax petition. To the extent that any value adjustment is made through that process, it could affect the increment that is generated. The TIF plans were also reviewed by the county's public works staff and there were no concerns raised related to the county transportation system. We appreciate the opportunity to provide comments on the proposed districts. We request that these comments be incorporated into the record at the public hearing on June 20, 2017. Sincerely, Kevin Corbid Deputy County Administrator Cc: Washington County Board of Commissioners Mr.Tom McCarty, City Administrator 100 wate A d ni i n 1,strat 1011, TO: Mayor& City Council FROM: Tom McCarty, City Administrator Bill Turnblad, Community Development Director Dave Magnuson, City Attorney DATE: June 20, 2017 SUBJECT: Request to Create Tax Increment Finance District #13 in Conjunction with Proposed Water Street Inn Hotel Addition Located at Water Street BACKGROUND INFORMATION: The Developers propose adding a twenty two unit addition to the existing Water Street Inn. They estimate that it would add more than $6 Million in added value (the captured value) and about $90,000 in additional taxes (the tax increments). The tax increments include not only the City taxes, but the taxes that would normally go to the County and the School District. The developers have identified about $1.4 Million in expenses that qualify as "eligible"to be reimbursed with tax increments and are requesting $500,000 of those eligible expenses up front for the project. The expenses that qualify are those associated with curing the problems associated with a substandard building with a leaky basement and that is located in the flood plain. They allege that because of extraordinary expenses associated with redeveloping a substandard site, that without the tax increment help, the project is just not feasible. Notice of the Hearing was mailed to the County and School District, and published notice of the hearing was also given as required by law. At the hearing, the general public is given a chance to be heard, as well as the School District and the County. Washington County has expressed its support of proposed TIF #13 —see attached letter. At the close of the hearing the council will be given the choice of passing a resolution approving or denying the approval of the district based upon a finding that the project is not feasible without the TIF help. SPECIFIC REQUEST: Consider creation of Proposed TIF District#13 ALTERNATIVES: A. Approval. If creation of TIF District #13 is in the best interests of the City, the City Council should adopt the resolution approving creation of TIF District#12 and direct staff to complete final steps for creation of the district, including creation of development agreement with the Developers of the project. B. Deny. If creation of TIF District#13 is not in the best interests of the City,the City Council should deny the resolution. 2164 th Street N, Stillwater, MN 55082 651-430-8800 Website: www.ci.stillwater.mn.us RIVISED or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. EXPENDITURES AND OTHER FINANCING USES BUDGET AMOUNT (OFUs) Land/building acquisition up to -0- Site improvements/preparation costs up to $1,400, 000 Other Public Improvements up to 600,000 Administrative Costs up to 25,000 Estimated Interest Expense up to Total Estimate Project Costs to be paid from Tax Increment 2,025,000 Estimated Financing Total amount of Bonds to be issued: pay as you go only $1,400,000 The above budget is organized according to the Office of State Auditor (OSA) reporting forms. Estimated costs associated with the District are subject to change among categories without a modification to this Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to Minn. Stat. §469.1763, Subd. 2, no more than 10% of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Development District No. 1, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this Plan. Section 2.12. State Tax Increment Financing Aid (Local Contribution). Minn. Stat. §273.1399 (LGA/HACA penalty) was repealed by the 2001 Legislature and does not apply to the District. If required by future legislation, it is the City's intention to consider taking the steps necessary to preserve state—paid local government aid. Section 2.13. Fiscal Disparities Election. Pursuant to Minn. Stat. §469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to Minn. Stat. §469.177, Subd. 3, clause a, (outside the District) are followed,the following method of computation shall apply: 1. The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Wbl-rP 4he nri `�ry;nal nat tax .^.`n"no;hr ;o 1.vo kh" the rig --f rc+ 4ov nom,, ;ice 41, b• Y J va.ui viii uvu� vuruviy, sue difference between the original net tax capacity and the current net tax capacity is 6 Board mfCommissioners Wa4iington FmnMinm. Choi� CVu�o 1 10 C o u n t S�n�yKmnwoyk. D��n 2 ^ Gary Khmeo|. District 3 KadoBigham. District 4 LieaVVeik. District June 20' 2O17 Mr. David T. Magnuson Stillwater City Attorney 324 Main Street South, Suite#260 Stillwater, K8N5SOD2 Dear Attorney Magnuson, Thank you for the opportunity to provide comments regarding the plans to create two tax increment financing (T|F) districts within the City ofStillwater. TIF District#12isproposed 10facilitate the redevelopment ofthe downtown area through the rehabilitation of the Water Street Inn and a new 22-unit addition, TIF District#13is proposed to facilitate a mixed use development consisting of a 64-unit hotel, a restaurant and a parking structure inthe northern part ofdowntown Stillwater. In 2015,the County Board adopted a revised policy related to comments on municipal tax increment financing proposals. In that policy, it states the board shall review proposals in order to understand the financial implications, its consistency with the county's comprehensive plan for land use and transportation,the impact on the county's tax base, and its impact on redeveloping blighted areas and increasing housing opportunities within the county. After reviewing the proposed new districts, and pursuant to Minnesota Statute 479.175,the county expresses its support for the projects asoutlined inthe TIF plans. This support is consistent with the County Board's goals through the newly formed Community Development Agency /CDA\tosupport the efforts ofcities within the county to increase the county's tax base and to increase the number of jobs. Staff from the county's Property Records and Taxpayer Services Department has also reviewed and identified a few administrative issues related tothe plans. In the plan for TIF District#12, parcel number 28.030.20.13.0159 is identified to be included in the district. Our records show this parcel was already included in the city's TIF District#10(County TIF#71). In order for this parcel to be included in TIF#12 it would first need to be removed from TIF#10. Also,the Financial Analysis,on page 2ofExhibit[, has transposed the county and school district impacts. The plan reads, "The estimated tax increments over the life of the District attributable to the School District levies assuming the School District share of the total local tax rate remains the some is$46,467 per year. The estimated amount of tax increments over the life of the District that would be attributable to County levies assuming the county's share of the total local tax rate remains the some would be$34,094.12 per year," The numbers imthese two paragraphs are transposed. The annual impact tothe county would be $46,467 per year. Washington County, a great place to live, work and play....today and tomorrow. Government Center` 14S4S82nuStreet North^ P.0.Box 6~Stillwater,MwooO8o-8OOV Telephone:05143n-6OU1 ^ Fax:so1'43O'VV17~TTY:651-430'0246 vmwwno.wasmngmn.mn.vs Washington County isanequal opportunity organization and employer City of Stillwater TIF comment letter Page 2 Lastly,just wanted to point out that while the financial analysis in Exhibit C for TIF District#13 is correct,the analysis is based on current values. The two parcels to be included in the district are the subject of a tax petition. To the extent that any value adjustment is made through that process, it could affect the increment that is generated. The TIF plans were also reviewed by the county's public works staff and there were no concerns raised related to the county transportation system. We appreciate the opportunity to provide comments on the proposed districts. We request that these comments be incorporated into the record at the public hearing on June 20, 2017. Sincerely, Kevin Corbid Deputy County Administrator Cc: Washington County Board of Commissioners Mr.Tom McCarty, City Administrator 216 41h Street N, Stillwater, MN 55082 "'fillwater 651-430-8800 S www.ci.stillwater.mn.us The Birthplace of Minnesota AGENDA CITY COUNCIL MEETING June 20, 2017 SPECIAL MEETING (CLOSED SESSION) 5:30 P.M. Pursuant to Minnesota Statute regarding Meetings Having Data Classified as Not Public (Minnesota Statute 13D.05, Subd. 3) REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 11. ROLL CALL 111. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the June 6, 2017 regular, closed session and recessed meeting minutes. V. PETITIONS,INDIVIDUALS,DELEGATIONS&COMMENDATIONS 2. Resolution 2017-115, Certificate of Appreciation Retirement- Chris Paul, Public Works 3. Washington County- Osgood Project Presentation (Resolution 2017-128 - Roll Call) 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 S. 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 2017-116, directing payment of bills 13. Possible approval to purchase MDCs for Police Squads - MIS 14.Resolution 2017-117, approval of Labor Agreement between the City of Stillwater and the Minnesota Public Employee's Association (MNPEA) - Public Managers (Contract Available Tuesday) 15.Resolution 2017-118, approval of Labor Agreement between the City of Stillwater and the Stillwater Firefighter's Association 16.Resolution 2017-119,approval of Mutual Aid/joint Exercise of Powers Agreement between St. Croix County, Wisconsin Sheriffs Office and the Stillwater, Minnesota Police Department 17.Resolution 2017-120, accepting work and ordering final payment for 2016 Myrtle Street Lift Station Improvement Project (Project 2016-10) 18.Resolution 2017-121, approval of Findings of Fact and Order relating to denial of a Special Use Permit Amendment and noise waiver for Lion's Tavern, 324 South Main Street (Available Tuesday) 19.Resolution 2017-122,approval of the Development Agreement for"The Lakes"PUD (Available Tuesday) 20.Resolution 2017-123, approval of agreement with the City of Oak Park Heights for the Washington/Norell/Highway 36 feasibility study (Available Tuesday) 21.Resolution 2017-124, approval of agreement with Taylor Berman for public art proposal 22.Resolution 2017-125, reappointment to Board of Water Commissioners 23.Resolution 2017-126, a resolution adopting an amended assessment- Brown's Creek Cove 24.Resolution 2017-127, reappointment to Downtown Parking Commission IX. PUBLIC HEARINGS-OUT OF RESPECT FOR OTHERS IN ATTENDANCE,PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 25. Case No. 2017-22. This is the date and time for a public hearing to consider a request from the City of Stillwater for amendment to the City of Stillwater Comprehensive Plan specifically to the City's Downtown Framework Plan as required by the release of a Metropolitan Council System. Notice was published in the Stillwater Gazette on June 2, 2017. (Resolution - Roll Call) 26.This is the date and time to consider the proposed adoption of a modification to the Development Program for Development District No. 1, and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 12 within Development District No. 1, pursuant to and in accordance with Minn. Stat. §469.124 to §469.134 and §469.174 to §469.179. A copy of the modified Development Program and the Tax Increment Financing Plan for Tax Increment Financing District No. 12 are available upon request. Notice was published in the Stillwater Gazette on June 2, 2017. (Resolution - Roll Call) 27.This is the date and time to consider the proposed adoption of a modification to the Development Program for Development District No. 1, and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 13 within Development District No. 1, pursuant to and in accordance with Minn. Stat. §469.124 to §469.134 and §469.174 to §469.179. A copy of the modified Development Program and the Tax Increment Financing Plan for Tax Increment Financing District No. 13 are available upon request. Notice was published in the Stillwater Gazette on June 2, 2017. (Resolution - Roll Call) X. UNFINISHED BUSINESS 28. Possible approval of second reading of Ordinance 1096 amending Section 43-131 of the Stillwater City Code (Temporary Liquor License) (2nd reading- Ordinance - Roll Call) XI. NEW BUSINESS 29. Request for Waiver of prohibition on lessees operating a Short Term Home Rental Kari Patsy, Kari's Create &Paint Studio XII. PETITIONS,INDIVIDUALS,DELEGATIONS&COMMENDATIONS (continued) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 30. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT 4ga.lerr,, TME iIRTNYLA CE DF MINN Eii TA CITY COUNCIL MEETING MINUTES June 6, 2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Assistant Finance Director Egger City Clerk Ward OTHER BUSINESS Public Art Proposal - Taylor Berman Taylor Berman,UW River Falls art education graduate,presented a proposal for painted plywood mural panels for the pedestrian plaza. He explained the inspiration for his work and showed samples. His proposed design would have a loon and river valley theme playing off the existing colors of the building. The cost for one side would be $1,150 ($250 in materials and $900 labor). He would probably start in late July and have the panels ready to install by mid-August. Community Development Director Turnblad added that the recessed areas in the facade were designed for artwork. There have been previous proposals, but their grants never materialized. Funding for this proposal would come from Downtown Beatification or Economic Development. Mayor Kozlowski questioned whether the City should issue a RFP. Councilmember Weidner asked whether the Heritage Preservation Commission should review the proposal. It was Council consensus that the project should move forward. Community Development Director Turnblad indicated that an agreement would be presented at the June 20, 2017 meeting for Council approval. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the expenditure of up to $1,150 for Mr. Berman's art murals, to be funded from the Downtown Beautification fund. All in favor. City Council Meeting June 6, 2017 Preliminary concept for Lakeview site Community Development Director Turnblad introduced a group representing Lakeview Hospital to discuss high level concept plans for a future hospital campus at Manning Avenue and Highway 36. Dave Anderson, Frauenshuh, Inc.,representing HealthPartners and Lakeview Hospital, stated the concept plan includes a total of 68+ acres of land, 46 acres along Highway 36 and another 21 acres owned by the Bergmann family. Ted Wegleitner, CEO and president of Lakeview Hospital, stated that Lakeview is growing as an eastern hub hospital for the St. Croix Valley. Its major sister hospital, Regions in St. Paul, is running at over 90%occupancy. Lakeview leaders anticipate over time needing to grow Lakeview Hospital to be able to accommodate more patients. It is very important to stay in the City of Stillwater. The hospital purchased the land along Highway 36 to protect its future in Stillwater. The site is accessible from western Wisconsin and the east metro. He noted the existing campus is landlocked and does not have the room nor the inclination from neighbors to support much more expansion. Mr. Wegleitner stated that the hospital board of directors has not authorized any steps other than the purchase of land. Over the next four years the board would like a detailed feasibility plan, a fundraising plan, and a design concept for the new campus. He added that in moving forward, they will evaluate all existing campuses and look at a facility-wide plan for Lakeview Health System. Lakeview Hospital is presently licensed for 97 beds and operates about 68 beds. Tim Sessions,principal at BWBR Architects, stated the concept plan is very preliminary. Heavier uses such as medical office buildings will be closer to Highway 36, while lighter use functions will be further to the north near the residential zone. The hospital and its components will be wrapped around the existing natural pond. The second part of the parcel, for future development, will incorporate complementary components of healthcare like spa,wellness,therapy, and fitness. Architects feel very strongly that they would like to keep Curve Crest traffic away from the northern edge of the campus. They would prefer the roadway not go back up and into the parcel, but parallel closer to Highway 36. A preliminary plan for Highway 36 interchanges is being reviewed by Washington County. Councilmember Weidner asked about access to the site from 62nd Street. Mr. Sessions responded that there will be multiple accesses. Public Works Director Sanders added that over the next few years, engineers will be working on layouts for the Highway 36 interchange that may include a bridge. He stated that the county, state, city and other communities will all have a say in designing the interchange. Library - Land Use SUP City Administrator McCarty led discussion of events being hosted at the library, a topic that has been before the Council a number of times. The library has been hosting events since its renovation was completed over 10 years ago. At the time that the Council approved the library project plans,it was assumed that the library would raise revenue by hosting events at the facility, though no specific permit or conditions of approval were issued. More recently, neighborhood concerns regarding noise, traffic and other impacts of events at the library have been brought to the attention of the Library Board and Council. The Library Board has developed event guidelines and the Council has had informal discussions regarding events at the library and the potential zoning ordinance implications of using the library for events. The Library Board discussed the Page 2 of 8 City Council Meeting June 6, 2017 matter at its May meeting and indicated another discussion with the Council is in order. Mr. McCarty went on to state that a review of the Council meeting minutes did not clearly reflect a specific approval for events, but there were comments by Councilmembers reflecting the expectation that the library would be able to raise revenue through events. Mayor Kozlowski noted if it were any other type of business, for example a restaurant that wants to hold events on a patio, what would the process be? Community Development Director Turnblad answered that staff would look at what uses are allowed in a particular zoning district and process the permit application. In this case, events are not listed as a permitted use in this institutional zoning district for public administration. He suggested two approaches for the Council: 1) formalize what was inferred as approved years ago or 2) change the ordinance to allow some sort of event venue in the public administration zoning district and then go through the application process. Councilmember Junker recalled that discussion of events was part of the whole library project and contributed to the design of how the patio was built. Councilmember Weidner agreed that it seems clear the renovations were built to incorporate events. Councilmember Menikheim stated the library clearly needs events. He feels the Library can handle neighborhood concerns better than it has in the past and noted the library is in the process of hiring an event coordinator. Councilmember Weidner remarked that he received email with pictures and other information indicating that something needs to be worked out. He was not horribly offended by a lot of the photographs. He feels the City needs to find a balance between the reasonableness of the behavior and the sensitivity of the neighbors. He is in favor of having events and would like to see a cooperative relationship between the library and the neighbors. Mayor Kozlowski commented that hosting outside events like weddings does not seem to be an ancillary use for a library, which would be more like book fairs. He agrees that the library needs to continue to do events, but would like to see conditions placed on hours, parking and specific days to preserve the character of the neighborhood. He felt the neighbors have a legitimate issue. Councilmember Weidner remarked the library is different from a typical venue. Fundraising is a necessary activity.He would like to tweak the events so they can still be held to benefit the library, but are not as detrimental to the neighborhood. Mayor Kozlowski stated he would like to see the Library Board and the neighbors get together and come up with something that makes sense for both. Councilmember Junker agreed. He acknowledged that the library renovations were designed 13 years ago for this purpose and he does empathize with the neighbors. Council consensus was to direct the Library Board to meet with neighbors to address their concerns and bring information more information back to the Council for a formal decision. STAFF REPORTS Public Works Director Sanders reported that the river levels dropped below the retaining wall, so staff will start restoring Lowell Park again. The promoter for Ice Castles will have a contractor start repairing sidewalks around the gazebo. Two bids have been received for demolition of the old parks building on Greeley. A contractor is ready to remove the Quonset Hut on the south end of City by the lift station. Page 3 of 8 City Council Meeting June 6, 2017 City Administrator McCarty updated the Council on the 4th of July celebration. The City has received in excess of budgeted $10,000 in donations. $43,000 is the budget for fireworks. The excess donations could fund additional sound needed for the north end of Lowell Park, bands downtown, and additional explosives for the fireworks, if the Council desires. Motion by Councilmember Junker, seconded by Councilmember Weidner, to fund the additional sound, fireworks and bands for the 4th of July celebration. All in favor. City Administrator McCarty also stated the Governor signed the budget bills into law. The League of Minnesota Cities will provide analysis on impacts to the City, including an increase LGA increase of around $70,000. ADJOURNMENT TO CLOSED SESSION FOR LAND NEGOTIATIONS PURSUANT MN STAT. SEC. 13D.05 SUBD. 3C(3)— SOUTH PORTION OF PROPERTY LOCATED AT 1675 MARKET DRIVE Motion by Councilmember Weidner, seconded by Councilmember Junker, to adjourn to closed session for land negotiations at 5:48 a.m. All in favor. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Absent: Councilmember Polehna Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Assistant Finance Director Egger City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of May 16, 2017 regular and special closed session meeting minutes Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the May 16, 2017 regular and special closed session meeting minutes. All in favor. Page 4 of 8 City Council Meeting June 6, 2017 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible approval of resolution providing for the sale and award of the General Obligation Capital Outlay Bonds, Series 2017A —Dave McGillivray, Springsted, Inc. Dave McGillivray, Springsted, Inc., explained bids received for the sale and award of General Obligation Capital Outlay Bonds. Rates were favorable and the City received AA, one of the highest ratings available. Motion by Councilmember Weidner, seconded by Councilmember Junker,to adopt Resolution 2017- 112, resolution accepting proposal on the competitive negotiated sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A,providing for their issuance and levying a tax for the payment thereof. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Nays: None St. Croix River Association -Natalie Warren Natalie Warren, St. Croix River Association, reported on a landowners' guide to the St. Croix Riverway to educate landowners and prospective buyers about the rules and building restrictions that protect the Lower St. Croix River. They also are working on creating a packet of best practices. She also stated there will be a river cleanup July 8. Lumberjack Days Update Erin McQuay updated the Council on plans for Lumberjack Days, July 21-23. Library Annual Report Melissa Brechon, Stillwater Public Library Interim Director, reviewed the library's annual report. In 2016, 53 people per hour visited the library; the library circulated close to 300,000 physical items. There were over 160,000 visits from Stillwater residents coming into the library to borrow materials, and over 648 meetings and events in 2016. In 2015, citizens saved over $8 million by using the library. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-103, directing payment of bills Possible approval of temporary liquor license— St. Croix Catholic School Possible approval of temporary liquor license—Harvest Fest—October 14 & 15, 2017 Possible approval of temporary liquor license— The Episcopal Church of the Ascension— September 23, 2017 Possible approval of noise variance for the 1 lth Annual Bryan McDonough American Heroes Golf Classic— Oak Glen Golf Course—August 11, 2017 Resolution 2017-104,resolution of support for the Washington County CR 5 project Resolution 2017-105, approval of contract with Karen L. Richtman, Service on a Shoestring for Recycling Coordinator Services Possible approval of quote for Lily Lake Tennis Court Rehabilitation Possible approval to purchase Street Sweeper Resolution 2017-106, appointment to Traffic Safety Committee Page 5 of 8 City Council Meeting June 6, 2017 Resolution 2017-107, approving assignment agreement with the Veterans' Memorial Committee for 2017 Resolution 2017-108,reappointing Jenna Fletcher and Sean Hade to the Planning Commission Resolution 2017-109, approving application to conduct off-site gambling - Knights of Columbus 1632 Resolution 2017-110, approving the 2017-2018 Grant Agreement for municipal recycling grant distribution with Washington County Resolution 2017-111, approving lease agreement with Max Todo Marine Services Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Nays: None PUBLIC HEARINGS Case No.2017-14,public hearing to consider the preliminary plat and variance resolution amendment for Hazel Court — Sterling Black (Postponed at the request of the developer to the June 20, 2017 meeting) Mayor Kozlowski announced that this item is being postponed at the request of the developer. UNFINISHED BUSINESS Possible Mproval of second reading of Ordinance 1095, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding Senior Care Living Facilities to the RA Zoning District Councilmember Weidner recused himself from the discussion and vote. Councilmember Weidner recused himself from the discussion. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1095, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding senior care living facilities to the RA Zoning District, striking the statement, "Senior Care Living Facilities in the RA zoning district shall have a minimum property size of 5 acres and a maximum building height of 35'." Ayes: Mayor Kozlowski, Councilmembers Menikheim and Junker Nays: None Abstain: Councilmember Weidner NEW BUSINESS Consideration of funding for Historic Sign (Brown Sign) on bridge ge exit Community Development Director Turnblad informed the Council that MnDOT has approved Downtown Historic District signage, and their contractors would like to install the signs as soon as possible. However, first the City must sign the agreement and pay the $9,346.50. The City's portion is about$6,000,with the rest coming from the other organizations (the IBA, Chamber and CVB). Staff requests approval of the sign agreement and authorization to pay for the signage from the Council's economic development fund. Page 6 of 8 City Council Meeting June 6, 2017 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2017-113, a resolution approving the execution of an agreement with the Minnesota Department of Transportation for the installation and maintenance of downtown historic signage on State Highway 36. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Nays: None Case No. 2017-11,possible aproval of Special Use Permit Amendment and noise ordinance waiver for Lion's Tavern, 324 South Main Street Community Development Director Turnblad stated that at their last regularly-scheduled meeting, the Planning Commission held a public hearing for consideration of an amendment to The Lion's Tavern's Special Use Permit. The amendment request was for the expansion of amplified music to occur until 11:00 p.m. on Thursday, Friday and Saturday evenings. In a 4-2 vote, the Planning Commission recommended denial of the amendment. Staff finds that the proposed amplified outdoor music increase, from 10:00 to 11:00, would create a public nuisance and therefore recommends denial. Motion by Councilmember Menikheim, seconded by Councilmember Junker, to deny the request for a Special Use Permit amendment and direct staff to draft a Findings of Fact, Conclusion and Order to be brought back for adoption at the next regularly-scheduled meeting on June 20, 2017. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Nays: None Possible aproval of first reading of an ordinance amending Section 43-131 of the Stillwater City Code City Clerk Ward explained that in researching the new law concerning Sunday off-sale, it was discovered that Section 43-131 needed to be updated to allow the sale of strong beer at events. She provided an ordinance amendment for request a temporary license. Motion by Councilmember Weidner, seconded by Councilmember Junker, to adopt first reading an Ordinance amending Section 43-131 of the Stillwater City Code. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Possible approval of extra hours for the Planning Secretary Community Development Director Turnblad stated that the Planning Department secretary currently works 20 hours per week and would like to increase the position's weekly hours to 32 this year. The primary purpose for the increase is to allow the position to take on administration of the Short Term Home Rental Program. The actual salary and benefit costs associated with the 12 extra hours per week are estimated at $7,351.81 in 2017. For 2018 the estimated costs would be $16,621.49. Funding for the additional hours would come from the lodging tax fund. Motion by Councilmember Junker,seconded by Councilmember Weidner,to adopt Resolution 2017- 114, a resolution approving the increase of work hours for the Planning Division secretary. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Weidner Nays: None Page 7 of 8 City Council Meeting June 6, 2017 COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS Mayor Kozlowski asked if the crosswalk by the pedestrian plaza could be marked. Public Works Director Sanders replied that colored concrete was used to delineate the crosswalk as an alternative to stripes. Community Development Director Turnblad stated staff will check with the State to see what can be done to better delineate the crosswalk. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 8:03 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2017-103, directing payment of bills Resolution 2017-104,resolution of support for the Washington County CR 5 project Resolution 2017-105, approval of contract with Karen L. Richtman, Service on a Shoestring for Recycling Coordinator Services Resolution 2017-106, appointment to Traffic Safety Committee Resolution 2017-107, approving assignment agreement with the Veterans' Memorial Committee for 2017 Resolution 2017-108,reappointing Jenna Fletcher and Sean Hade to the Planning Commission Resolution 2017-109, approving application to conduct off-site gambling - Knights of Columbus 1632 Resolution 2017-110, approving the 2017-2018 Grant Agreement for municipal recycling grant distribution with Washington County Resolution 2017-111, approving lease agreement with Max Todo Marine Services Resolution 2017-112, resolution accepting proposal on the competitive negotiated sale of $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A, providing for their issuance and levying a tax for the payment thereof Resolution 2017-113, a resolution approving the execution of an agreement with the Minnesota Department of Transportation for the installation and maintenance of downtown historic signage on State Highway 36 Resolution 2017-114, a resolution approving the increase of work hours for the Planning Division secretary Ordinance No. 1095, an Ordinance amending the Stillwater City Code Chapter 31, entitled Zoning Ordinance by adding senior care living facilities to the RA Zoning District Page 8 of 8 City of 'qf!vv vate4, (- inmota anti is to o f necia io" pneselited to x RESOLUrION CHRIS UL wHEREAS, Chris PauC, has retiredfrom City emptbyment, as 1-� ;c arks Chief ' c:Cianic, effective J Cy 5, 2017. NOWTHEREFORE,BE ITRESOLVL° , by the City CounciCof the City of Sti water, `Minnesota, that for his dedicatedservice to the City of St%CCwater, Chris PauC is hereby commendedfor serving the Cit faithfuCly, efficiently an courteousCy for more that 14 years. 1"he Cou ciCre rets that he retiredfrom City employment, a eaten s to him heir ayyreciation for him decCicatedser ice. BE IT FURTHER , that the City Cterk is hereby authorize an directs o enter this Cert is to ofAyyreciation uyon the o ficiaC record of the Co nciC and toeCiver a cert�fied copy thereof to Chris PauC Adoytedby the City Co nciCthiS loth day o June, 2017. S"!off . �a� 6/16/2017 7 Stillwater City Council Meeting June 20, 2017 WA§Wngton C y o f ()a�k a ii k e�g��,i�s 4, C y o S Y,,,,a e i� "�County MEuu� • Pavement Management and Traffic Safety g Y stiliwat�r Project • Osgood Avenue — 50th St. N. to 65th St./Orleans St. E. — About 1.5 miles — Cities of Stillwater & Oak Park Heights, Baytow Township 1 6/16/2017 11110 1 • Pavement in poor condition — identified in County 5-year CIP 5- • Traffic safety concerns (turn lanes) • Lack of and discontinuoustr , trails/sidewalks • Poorly-functioning pedestrian crossingso, r �r • Improve safety & operations • Improve ride quality • Improve drainage north of Hwy 36 • Provide/improve pedestrian/bicycler facilities and crossings 2 6/16/2017 FEBRUARY MAY JUNE DECEMBER SUMMER 20117 2017 2017' 2017 2018 11 r�_�� '� �� , I '� Data gathering Draft Community Final design Construction community preliminary engagement begins engagement design �� drum wmul ll V 111 IIIIIIIIII I-. n 2 • Public open houses • Communications materials �l %j 11 i/ • What we heard IN �a ill Ch1)) �l IV fV I1 3 6/16/2017 February 8,2017 April 19,2017 — Washington County Government Center — Oak Park Heights City Hall — Shared information about the preliminary — Shared design options design process North of Hwy 36(A-C) • Project need&goals South of Hwy 36(A-D) • Issue maps — 30 attendees • Traffic data Mix of area residents,commuters, — Community input was encouraged local business owners&local elected — 50 attendees officials • Mix of area residents,commuters, — Attendees were able to rank each design local business owners,local elected option(scale of 1-5) officials&a Stillwater Gazette reporter — Received 3 general comment forms — Received 6 general comment forms — Received 12 comments on the project — Received 42 comments on the project layouts layout �� um wmul ➢ V 11i low it • Common Inquiries — When will construction begin? — Who is funding this project? — Will there be sidewalks in this area? — Can you lower the speed limit in this area? »� • Key Themes — Pedestrian/bicycle facilities and connections are lacking — Prioritize safety for all users — Make traffic flow & neighborhood access improvements �a � fill 11��1))� llb�i SIV fV 11� 4 6/16/2017 • • Several concept alternatives were evaluated, various trail and sidewalkillwater options — Looked at • Project costs G J, • Right-of-way needed • Property impacts — City staff input on needs & comprehensive uy iill trail plans — Compared each concept to project goals 1: lip M 10 dda :I:d::,= uu Projectrri • -foot trail on the west side, -foot sidewalk on the east side Projectrri • ` sidewalk on east side Why? • Lowest overall project cost • Lowest property impact • Best addresses pedestrian/bicyclist needs at nominal increased cost • Best addresses water quality/erosion control concerns • Best opportunity to minimize property impacts 5 6/16/2017 I 00 r r r .. } uuiu G " Y VIII 4 r r !�9&(�M�II�`ilfl�R!r�ld➢t' 6 6/16/2017 u110 The County requests a Resolution of Support for the Preferred Alternative Design. • Project website: www.co.washington.mn.us/OsgoodAv • Allan Brandt, Project Manager — 651-430-4348 — al Ian.brandt@comashington.mn.us 7 RESOLUTION 2017-128 A RESOLUTION OF SUPPORT FOR ROADWAY AND TRAIL IMPROVEMENTS (STATE AID PROJECT NO. S.A.P. 082-624-009) WHEREAS, Washington County has, through its Capital Improvement Plan (CIP) recommended a project on County State Aid Highway (CSAH) No. 24, also known as Osgood Avenue, to improve pavement condition, traffic operations,pedestrian accessibility and safety, and drainage; and WHEREAS,Washington County,in consultation with the City of Stillwater, engaged in a preliminary design process beginning in 2016 to identify potential and prioritized improvements for the CSAH 24 corridor within the City of Stillwater; and WHEREAS,the City of Stillwater, in consultation with Washington County, developed and approved the city's Trails Master Plan, which recommended a trail along CSAH 24 within the project area and was adopted by the City Council of the City of Stillwater on September 15, 2015; and WHEREAS, the City and County have engaged in community engagement process as part of the preliminary design effort intended to gather and consider public feedback for the proposed trail; and WHEREAS, concept project layout showing proposed pedestrian and traffic improvements on and along CSAH 24,within the limits of the City of Stillwater,has been prepared and provided to the City; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Stillwater supports the proposed construction in year 2018 of a new 8-foot wide bituminous trail to be located on the west side of Osgood Avenue (CSAH 24) from between 62nd Street and 65d' Street and a replacement of the existing concrete sidewalk with a 5-foot wide concrete sidewalk to be located along the east side of Osgood Avenue(CSAH 24) from between 62nd Street and 400 feet north of 63rd Street. BE IT FURTHER RESOLVED that the City Council of the City of Stillwater supports the County continuing with the development of final plans and right-of-way acquisition necessary for the construction of the project. ADOPTED THIS TWENTIETH DAY OF JUNE, 2017 Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk \ ) LL.. \ o. j .g. ui . ■ ® � . � � ( . � I \ \ � ■� i I ! ' � § ■ § | § ) | B ' IMP « . . Wil \ .. EXHIBIT"A" TORESOLUTION#2017'l16 Page I UST OF BILLS Accda |nc Community Development &web pmts 1,398.95 Ace Hardware Supplies 244.32 Action Rental Inc. Equipment rental 190.00 Advanced GraphixInc. Decals for helmets 130.00 Amdahl Locksmith Inc Chris Heavy duty mortice lock 1,042.00 Armor Security Inc. Quarterly Monitoring Service 84.00 Aspen Mills Uniforms 587.30 AutoNation Vehicle Repairs 59.68 Axel H. (JhnoanInc Police station 44,990.10 Batteries Plus Bulbs Batteries 129.68 Brind|ee Mountain Fire Apparatus Broker sale of2DO4Alexis Ford Mini Pumper 3,350.00 Brock White Co. LLC Supplies 999.12 BruchuQrian Reimburse for uniforms 290.96 CCS Construction Inc Myrtle St Lift Station Improvements 16,072.52 CDVVGovernment Inc. Printer 2,078.06 Century Power Equipment Equipment repair supplies 62.80 City ofMaplewood Training house burn 660.00 Clog Un-Bugg|erInc. Unclog pipe and drain ' Police Dept 395.00 Cole Papers Janitorial supplies 576.67 Comcast Cable, Internet @\Voice 571.09 Curb Masters Inc. Stain Floor 1,890.00 Diamond Vogel Paints Paint 238.50 ECM Publishers Publications 431.48 Emergency Response Solutions 5[8Aflow test 1,962.50 Enterprise FM Trust Lease vehicles 3,830.83 Fi|ipkovvskiA|yssa Refund ufovercharge ]O.00 Fun Jumps Dunk tank and obstacle course 450.00 G0^ KServices Mats 537.77 GUrban Companies Inc Police station 22,878.09 Galls LLC Boots&supplies 408.36 Goodyear Commercial Tire Tires 475.55 Gopher State One Call Inc. Locates 487.35 HaussnerPlumbing LLC Bathroom repairs 285.00 Heritage Embroidery and Design Parking shirts 319.68 Heritage Printing Inc. Forms 205.00 Hurt]amoe|| Park Fee Refund 100.00 Iceman Industries Inc. Liquid ice melt 4,150.00 Idea Center Report processing 428.00 Jackson &Associates Police Station 5,662.09 Jefferson Fire and Safety Inc. VVateruus1ube 120.00 Kel|inAton[onstruction Police Station 16,353.03 KirvidaFire Inc. Repairs 423.24 KustonmSignals Inc. Radar units 4,010.00 League ofK4NCities Ins Tr Quarterly Insurance 135,616.00 Little Falls Machine Inc. Cylinder 430.22 EXHIBIT"A"TO RESOLUTION#2017-116 Page 2 Loffler Companies IT Professional services 3,011.25 M.J. Raleigh Truck Co. C-5 Recycle 823.08 Madden Galanter Hansen LLP Labor Relations Services 6,655.63 Mansfield Oil Company Fuel 7,628.84 Menards Supplies 339.13 Metropolitan Council Wastewater Charge 142,290.96 MP Nexlevel LLC Locating 988.75 M PELRA Conference 250.00 Multi-Regional Training Center Membership 25.00 Municode Code pages&web hosting 1,722.40 Office Depot Office supplies 2,098.33 Olson-Williams Erik Reimburse for expenses 11.12 Onsite Sanitation Portable restroom rental 992.05 Overhead Door Co Garage door repair 346.40 Performance Plus LLC Drug screening 540.00 Pioneer Press Subscription 232.84 Phasor Electric Company Police Station 90,824.75 Rose Floral Outdoor plants 70.25 Safe Fast Inc Ranger chest waders & suspenders 388.02 Signature Sign Group Signs 740.66 ShelterTech Corp Police station 1,780.00 St. Croix Boat and Packet Co. Dock Space Lease 2,666.67 Stillwater Motor Company Vehicle service 58.48 Swanson Brennen Refund variance application 225.00 T.A. Schifsky and Sons Asphalt 156.00 Thelen Heating& Roofing Police station 25,859.00 Thomson Reuters Information Charges 131.25 Toll Gas and Welding Supply Cylinders 44.14 Tri-State Bobcat Equipment rental 1,210.00 Voyant Communications Phone 518.23 Wasche Commercial Finishes Police station 3,214.32 Wenck Construction Police station 33,592.66 White Bear Lake Fire Department CPR Instructor Course 75.00 Wold Architects and Engineers Police station 2,960.00 REC CENTER Ace Hardware Supplies 22.96 Arrow Hockey&Sport Concession supplies 316.65 Comcast Internet 109.85 Computer Services of Florida Support agreement 515.00 Corval Constructors Equipment repair 1,532.00 G & K Services Mats 257.50 Goodin Company Equipment repair supplies 163.80 Grainger Supplies 44.80 Ice Skating Institute Skater memberships 1,833.00 Life Safety Systems Fire Inspection 875.00 EXHIBIT"A"T0RESOLUTION#201J-1lG Page 3 k4enardo Supplies 46.93 Riedd| Shoes Inc. Skates 143.00 St. Croix Boat and Packet Co. Arena Billing 38,869.38 STAR Membership 275.00 LIBRARY Abbott Paint Paint 6ksupplies 378.77 Ace Hardware Supplies 93.68 Baker and Taylor Materials 976.52 Balsam Tree Q,Shrub Care Terrace Plants 225.00 BarnhouueOffice LLC Teen Room Design I,400.00 UrodartCm Materials 866.37 Car|sen6regQ TeenRoomFurnishinQs-TrusteeReinmbursennent 1,829.70 Culligan ofStillwater Water 14.55 G & KServices Towels 6kRugs 83.14 Grain Studio Inc Programs'YSSRP Materials/SPLF\ 690.00 Hedin9ue Programs-Gallery/SPLF> (Staff Reimbursement) 108.04 HoxveLinneo Materials 65.54 Jarret John Wedding Refund 1,750.00 John KeisterO,Associates Library Director Search 7,350.00 LmFondGene Programs Adu|t (6PLF) 600.00 Madden Michael Programs-Youth (k4ELSA) 175.00 Master Mechanical Inc. Boiler Repair 1,875.34 KAenards Supplies 87.18 Midwest Tape Materials 594.44 k4NDept ofLabor and Industry Elevator Annual Operating Permit 200.00 Paper Roll Products Receipt Paper 153.32 Reyers MariahE|izabeth Progranos-YA/SPLF\ 163.03 Textile Center Programs-Adult (SPLF) 650.00 The Bug Zone Programs-Youth (MELSA) 225.00 Toshiba Business Solutions Maintenance Contract 169.05 STAFF REQUEST ITEM Department: MIS Date: 6/15/17 DESCRIPTION OF REQUEST (Briefly outline what the request is) Purchase of Getac computers for the squad cars. Would like to replace as many of these computers as we can this year and next because of issues with the air cards and hard drives. 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) There is $18,000 budgeted for replacement in the 2017 Capital Outlay plan. Would like to use approximately $10,500 of carry over money from 2016 and purchase six machines this year. An additional 3 machines are budgeted for next year. 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: Rose Holman Date: 6/15/17 !7 TKK Electronics, LLC plli�@iuluuhlluidil� � r.0 f 117 W.Walker St,#24 Milwaukee,Wisconsin 53204 tVl lfuNl��N Date United States http://www.tkkelectronics.com tun 05,2017 04:40 PM (P)888-968-6844 CDT (F)414-672-2815 Doc # eE O „w r—C:3 10578 -rev 1 of 1 Description 15410 SalesRep Naumczik, Stacey (P)414-326-9566 (F)414-672-2815 Customer Contact Bomt, Rich (P)651-430-8811 rborntci.stillwater.mn.us Customer Bill To Ship To City of Stillwater(CO0744) City of Stillwater City of Stillwater Bornt,Rich Payable,Accounts Bornt,Rich 216 4th St.N 216 4th St. N 216 4th St.N Stillwater, MN 55082 Stillwater,MN 55082 Stillwater, MN 55082 United States United States United States (P)651-430-8811 (P)651-430-8811 (P)651-430-8811 Customer PO: Terms: Ship Via: Undefined Ground/Bestway Special Instructions: Carrier Account 1 Gamber-Johnson Triple Pass-through Vehicle Dock, GDVPGH No 1 $1,078.00 $1,078.00 IN DC power adaptor sold separately.(S410) 2 Getac Vehicle Charger GAD11_3 No 1 $166.70 $166.70 Power adapter-car-12-16 V-for Getac S410 3 Getac S410 Getac 5410 No 1 $3,475.00 $3,475.00 I Note: S410-Intel Core i7-65000,14in,Win?Pro 64 RAM 8G6,256GB SSD,SR LCD Full HD IPS+Touch,Backlit KB+FP, ifi+BT+GPS+Gobi+Passthru,Smart Card Reader+Express Card(S410),RS232+VGA Port,SD Card Reader,TPM 2.0,-21C Wide Range Subtotal: $4,719.70 Tax(0.000%): $0.00 These prices do NOT include,unless noted,applicable taxes, Shipping: $15.00 insurance,shipping,delivery,setup fees,or any cables or cabling isc: $0.00 services or material unless specifically listed above.All prices are Total: $4,734.70 subject to change without notice.Supply subject to availability. All"Not in Stock"rugged/semi-rugged systems and accessories 7 are built to order.Due to the restrictions set by the USA Cr distributor,Dell,Getac,Panasonic and Xpiore,rugged/semi- / rugged systems and accessories may NOT be returned under any circumstances.All non-rugged/non-semi-rugged systems and accessories returns must include an RMA.A 25%-30%restocking fee will be charged for ALL returns. ■ Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: June 15,2017 SUBJECT: 2017-2018 Labor Agreement between City of Stillwater and Minnesota Public Employee's Association ............. .................. BACKGROUND The City of Stillwater and Minnesota Public Employee's Association concluded negotiations for a successor labor agreement for 2017 and 2018 and the Minnesota Public Employee's Association representing the Stillwater Public Manager's Association membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration—2 year agreement, January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: ■ Effective 1/1/1 7, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined ■ Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter ■ Delete longevity pay references a General Wage Increase: 2.25% increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance—Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association is consistent with direction from City Council for labor negotiations. The Minnesota Public Employee's Association has approved the 2017-2018 labor agreement. Increased contract costs are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled,"Approving the 2017-2018 Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association." RESOLUTION 2017-117 APPROVING THE 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND MINNESOTA PUBLIC EMPLOYEE'S ASSOCIATION BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2017-2018 Labor Agreement between the City of Stillwater and Minnesota Public Employee's Association, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration - 2 year agreement, January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: • Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined • Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter • Delete longevity pay references o General Wage Increase: 2.25% increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance - Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018; BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward, City Clerk fill Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: June 15,2017 SUBJECT: 2017-2018 Labor Agreement between City of Stillwater and Stillwater Firefighter's Association BACKGROUND The City of Stillwater and Stillwater Firefighter's Association concluded negotiations for a successor labor agreement for 2017 and 2018 and the Stillwater Firefighter's Association membership has voted to approve the agreement. Changes in the contract language include: • Contract Duration—2 year agreement, January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: • Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined • Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter • Delete longevity pay references o General Wage Increase: 2.25% increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance—Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018. RECOMMENDATION The proposed Labor Agreement between the City of Stillwater and Stillwater Firefighter's Association is consistent with direction from City Council for labor negotiations. The Stillwater Firefighter's Association has approved the 2017-2018 labor agreement. Increased contract costs are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2017-2018 Labor Agreement between the City of Stillwater and Stillwater Firefighter's Association." RESOLUTION 2017-118 APPROVING THE 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF STILL WATER AND STILL WATER FIREFIGHTER'S ASSOCIATION BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the 2017-2018 Labor Agreement between the City of Stillwater and Stillwater Firefighter's Association, as on file with the City Clerk is hereby approved with the following changes: • Contract Duration - 2 year agreement,January 1, 2017 through December 31, 2018; • Wages o Implementation of Classification Compensation System effective January 1, 2017: ■ Effective 1/1/17, employee placed on step in new pay structure at designated grade that provides wage rate that is equal to or greater than 12/31/16 base wage and longevity pay combined ■ Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter ■ Delete longevity pay references o General Wage Increase: 2.25% increase effective January 1, 2017; 2.5% increase effective January 1, 2018; • Health Insurance- Increase employer contribution by$15 per month per member effective January 1, 2017, and $15 per month per member effective January 1, 2018; BE IT FURTHER RESOLVED that the Stillwater City Council authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F.Ward,City Clerk LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION January 1, 2017 through December 31, 2018 TABLE OF CONTENTS Article.--........... ...... ..... .............Page IPreamble............................................. ......... .................................1 IIDefinitions........ ......................... ....... .................. .,..,. ...,...,....,. 1 IIISecurity ........................................................................................... 1 IVSeniority ..............W.........,............,..,,,.........,.......,.,.,.....,.,.,,....,.........2 VSick Leave................ ........ ................ ...........................................2 VIInsurance...........................................m,.,..,,,,...............,....,...............4 VII Severance Pay-- ....... ........ ...................................w.....,........,.5 VIIIHolidays...................................... ................. ......... ........ .............5 IXVacations............................................. ...................................g.......6 XUniforms..........................................................................................7 XI Hours of Employment.............. ........................................................7 XII Residential Requirements ...............................................................7 XIIIExtra Compensation............:..................µ......,...,...,,...........,..,.......,.7 XIVTraining ............................................................................................8 XVWages.................................................... -..,......................,...........8 XVI Rules and Regulations ....................................................................9 XVII Employee Rights - Grievance Procedure ........................................9 XVIII Employer Authority.., ......................... ................................ 12 XIXMiscellaneous................................................................................12 XXSavings Clause ........ ...... ........ ................................................. 12 XXI Duration................................................ XXIiWaiver.... ...,..., ., ........................ ................................13 AppendixA 2017 Wage Schedule...,,....... ....... ..... 14 Appendix B 2018 Wage Schedule....................... ..........18 LABOR AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE STILLWATER FIREFIGHTER'S ASSOCIATION ARTICLE I PREAMBLE This contract entered into as of January 1, 2017 between the City of Stillwater, Washington, County, Minnesota, hereinafter referred to as the City and the Stillwater Firefighter's Association, hereinafter referred to as the Association, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, hereinafter referred to as the P.E.L.R.A., is to provide the terms and conditions of employment for Firefighter's during the duration of this contract. In accordance with the P.E.L.R.A., the City recognizes the Association as the exclusive representative of for the purposes of meeting and negotiating the terms and conditions of employment for all eligible personnel under Minnesota Statutes 179A. The Association shall have all those rights and duties as established by the P.E.L.R.A. and in the provisions of this contract. Job classes which are within the bargaining unit and covered by this Agreement as follows: full-time Fire Captain and full-time Firefighter/Engineer. ARTICLE 11 DEFINITIONS Section 1. Full-time Firefighter. A Firefighter regularly scheduled to work between forty (40) and fifty-six (56) hours per week. Section 2. Regularly scheduled employee. An employee working regularly scheduled hours as opposed to being part-time, on call or working when available, and having successfully completed the probationary period. ARTICLE III SECURITY Section 1, The Employer shall deduct from the wages of Employees who authorized such a deduction in writing an amount necessary to cover monthly Association dues and assessments. Such monies shall be remitted as directed in writing by the Association. Section 2. The Association may designate one (1) steward and one (1) alternate from the bargaining unit to act as stewards and shall inform the Employer in writing of such choices. Page 1 of 15 Section 3. The Employer shall make space available on bulletin boards for posting Association notice(s) and announcement(s). Section 4. The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. ARTICLE IV SENIORITY Section 1, Seniority shall be determined by the employee's length of continuous employment with the full-time fire department and posted in an appropriate location. Seniority rosters may be maintained by the fire chief on the basis of time in grade and time within specific classifications. Section 2. All newly hired employees shall serve a probationary period of twelve (12) months from the effective date of hire. During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the employer. During the probationary period a promoted or reassigned employee may be replaced in their previous position at the sole discretion of the employer. Section 3. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of their layoff before any new employee is hired. Recalled employees must report for work within twenty-one (21) working days from the date of the written notice or lose recall rights. Section 4. Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifications of employees are equal. Section 5.. Senior qualified employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. Section 6. One continuous vacation period shall be selected on the bases of seniority until March 1 st of each calendar year. ARTICLE V SICK LEAVE Section 1. All full-time employees shall, after a term of employment of one year, be qualified to receive payments on account of physical disability to work by reason of sickness. For the purpose of this contract, sickness shall include injury other than accidental injury arising out of and in the course of employment by the City. Sickness benefits shall be as follows: Page 2 of 15 a, If term of employment has been one year but less than two years; one week full pay. b. If term of employment has been 2 to 5 years - full pay 4 weeks; half pay 9 weeks. C. If term of employment has been 5 to 10 years - full pay 13 weeks; half pay 13 weeks. d. If term of employment has been 10 to 15 years - full pay 13 weeks; half pay 39 weeks. e. If term of employment has been 15 to 20 years - full pay 26 weeks; half pay 26 weeks, f. If term of employment has been 20 to 25 years - full pay 39 weeks; half pay 13 weeks. 9. If term of employment has been 25 years or more - full pay 52 weeks. Section 2. No disability benefits shall be paid for absences in excess of three consecutive days without a doctor's certificate as to sickness disability. Section 3. Sickness disability benefits usage shall be subject to the following conditions: & An employee may use the full entitlement only once annually. b. Any days used by an employee must be replaced at the following earning rate: employees shall earn sickness disability leave at the rate of two shifts for each month worked. C. Sickness disability leave time cannot be earned during the time an employee is on sick leave. Sick leave earned back shall be figured on a pro rate basis each month with no earn back of leave for that portion of sick leave used during the month. d. Sickness disability leave time shall be earned as a replacement for used leave time by only those employees who have utilized the benefit. Sick leave used last shall be replaced first. Section 4. Any employee receiving Worker's Compensation benefits because of a job connected injury or sickness shall, if he assigns his check to the City, receive full wages for that period. Or, if any employee is receiving Worker's Compensation benefits and does not assign his check, he will be paid for the difference between the Worker's Compensation allowance and Page 3 of 15 his regular weekly pay. Sick leave shall then be figured on a prorated basis with no deduction of leave being made for that portion of the employee's absence which is covered by Worker's Compensation insurance. Section 5. Sick leave shall not be granted if the absence is due to an injury resulting from intoxication or from fighting. Section 6. Sick leave will be suspended after benefits have been exhausted; however, an employee who has fulfilled all of the requirements for a vacation, which has not been taken, may request vacation pay during disability. After all sick leave benefits have been exhausted, any disabled employee may apply in writing for an authorized leave of absence without pay; provided that the period of such leave when added to the period during which benefits have been paid shall not exceed one (1) year. Such application shall be accomplished by a physician's certificate stating that such disabled employee has not been able to return to work. Upon return to active employment, the employee shall retain all accumulated service credit for time worked prior to his disability, but shall receive no service credit for the period of absence. Section 7. For the purpose of this Article, the January 1 st immediately preceding the Employee's anniversary date of employment shall be used to determine Employees term of employment. Section 8. The sick leave schedule and usage for other than the normal forty (40) hour work week shall be converted to proportionately equivalent time units. Section 9. Family Medical Leave Act (FMLA) will be administered in accordance with City policy. ARTICLE VI INSURANCE Section 1 The Employer shall contribute 100% of the premium for the single plan. Effective January 1, 2017, the Employer will contribute up to one thousand one hundred seventy-six dollars and eighty six cents ($1,176.86) per month, per employee toward group health insurance coverage, including dependent coverage. Effective January 1, 2018, the Employer will contribute up to one thousand one hundred ninety one dollars and eighty six cents ($1,191.86) per month, per employee toward group health insurance coverage, including dependent coverage. Page 4 of 15 Section 2. The Employer will provide a twenty thousand dollar ($20,000.00) term life insurance policy for each full-time employee. Section 3. In the event the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty, tax or fine, the Union and the Employer will meet immediately to bargain over alternative provisions so as to comply with the Act and avoid and/or minimize any penalties, taxes or fines for the Employer. ARTICLE Vill SEVERANCE PAY Section 1. One-half of unused disability benefits shall be granted as severance pay upon retirement due to age or physical disability to employee having completed not less than ten years of service with the City, but in no event shall severance pay exceed an amount equal to one hundred (100) days pay. In the event of death while still employed, the surviving spouse, if any, or if no surviving spouse, minor children, if any, shall be entitled to such severance pay in the same amount as though such employee has retired due to age or physical disability, as above provided, but in no event shall such death benefit exceed sixty (60) days of full pay. ARTICLE Vill HOLIDAYS Section 1. Employees shall be entitled to eleven (11) paid holidays per year. Section 2. Holiday pay shall be made the first day of the month of December of each year. Section 3. Holiday pay shall be 11.2 hours per holiday based on a 24-hour work shift. Section 4. Holiday pay shall accrue on the January 1 immediately preceding the anniversary date of employment. Section 5. Immediately preceding the 1st anniversary date of employment the employee shall be entitled to one additional floating holiday without holiday pay. Page 5 of 15 ARTICLE IX VACATIONS Section 1 Permanent employees shall be entitled to vacations according to the following schedule: Erngloyees hired after janugLy 1, 1998 Based on 40 hr. Based on 56 hr, Work Week Work Week After 1 year up to 2 years service one week three shifts After 2 years up to 5 years of service two weeks six shifts After 5 years up to 10 years of service three weeks nine shifts After 10 years up to 15 years of service four weeks twelve shifts After 15 years of service one additional day one additional shift Per year of service up to 15 years of Up to twenty years service to a maximum For a maximum of of 15 shifts 25 days Employees hired prior to January 1, 1998 After I year up to 2 years of service one week three shifts After 2 years up to 5 years of service two weeks six shifts After 5 years up to 10 years of service three weeks nine shifts After 10 years of service four weeks one additional shift each year up to 15 years of service After 15 years of service one additional fifteen shifts day per year of service up to twenty years for a maximum of 25 days Section 2. The vacation schedule and usage for other than a forty (40) or a fifty-six (56) hour work week shall be converted to proportionately equivalent time units. Page 6 of 15 Section 3. Employees shall take vacations in units of not less than one week's duration unless authorized by the appropriate fire department supervisor. Section 4. For the purpose of this Article, January 1st immediately preceding the Employee's anniversary date of employment shall be used to determine employee's term of employment. Section 5. Vacation time not to exceed 80 hours or proportionately equivalent shifts may be used in the following calendar year unless authorized by department supervisor. Vacation in excess of the allowable amount shall be paid on the second payday in January at the rate of pay in effect at the end of the previous year. ARTICLE X UNIFORMS Section 1. The City shall provide required uniform articles and equipment. ARTICLE X11 HOURS OF EMPLOYMENT Section 1 The authority to schedule full-time firefighters is the City. Work shifts established by the City shall be between eight (8) and twenty-four (24) hours in length. Section 2. The authority to schedule part-time firefighters is the City. Part-time employees will work schedules as directed by the City. ARTICLE XII RESIDENTIAL REQUIREMENTS Section 1 Employees hired after January 1, 1996 shall establish a permanent, bonafide residence which requires not more than fifteen (15) minutes of driving time from the residence to employment at speeds not in excess of posted limits, serviced by all weather roads. ARTICLE XIII EXTRA COMPENSATION Section 1. Regularly scheduled employees shall be compensated in excess of their regular pay for callbacks, filling in for employees on vacation or sick leave, filling in for employees away at training schools or other duty outside their normal shifts. Extra compensation for filling in for absent employees shall be on a daily basis computed by dividing the monthly pay by the number of days worked. Other extra duty shall be paid as follows: a. For callback and filling in for employees away at training schools, the compensation shall be at time and one-half with two hour Page 7 of 15 minimum guarantee. Any additional time worked beyond the second hour shall be calculated on the one half-hour. b. For extra duty at the fire station (night duty), Five dollars ($5) for each night. C. Employees requesting in writing to the employer to receive compensatory time off in lieu of paid over-time as established in Section 1. (b) of this Article shall be allowed such compensatory time off at a time that is mutually acceptable between the employee and employer. Any compensatory time not taken off by December 31 of each calendar year shall be paid off by that date unless employer allows the time to be carried over to the next year. d. Callback hours shall not be pyramided, compounded or paid twice for the same hours paid. ARTICLE XIV TRAINING Section 1. City will provide all training required by the City at the City's expense, ARTICLE XV WAGES Section 1. The wage schedules shall apply in Appendix A and B. Effective January 1, 2017, employees will be placed on the step in the new pay structure at the designated grade that provides wage rate that is equal to or greater than the employee's December 31, 2016 base wage and longevity pay combined. Employees whose December 31, 2016 base wage and a longevity pay combined exceed the new Step 11 shall have their wage rate red circled and receive any general wage adjustment in a non-base lump sum. Annual step movement commences in 2018 and occurs thereafter on an annual basis effective on first day of first payroll period following the employee's anniversary date. Section 2. The average work year is 2912 hours for employees whose schedule provides for 24 hour shifts, which shall average 56 hours per week 3 hours of which is compensated at one and one-half times the hourly rate in accordance with the Federal Fair Labor Standards Act. Over time for shifts of less than 24 hours shall be paid pursuant to the Fair Labor Standards Act. Page 8 of 15 Section 3. In the event a Firefighter/Engineer is promoted to Captain, the employee will be placed at the step in Captain grade that is at least a 5% increase in the employee's current salary. Section 4. Full-time Employees shall be paid 26 paydays per year. Section 5. Compensation for extra duty shall be computed at the end of each pay period. ARTICLE XVI RULES AND REGULATIONS Section 1 Rules and regulations governing the Department of Public Safety shall govern the conduct of the Fire Department employees and shall be the determining cause for suspension of an employee or termination of this employment. ARTICLE XVII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE Section 1, Definition of a Grievance. A grievance is defined as a disagreement as to the interpretation or application of the specific terms and conditions of this contract. Section 2. Association Representatives. The City will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the City in writing of the names of such Association Representatives and of their successors when so designated as provided by this contract. Section 3. Processing of a Grievance. It is recognized and accepted by the Association and the City that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the employer. Section 4. Procedure. Grievances as defined in Section 15.1 shall be resolved in conformance with the following procedures: Page 9 of 15 a. An employee claiming a violation concerning the interpretation or application of this contract shall, within 21 calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the employer. The employer-designated representative will discuss and give an answer to such Step 1 grievance within 10 calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the contract allegedly violated, the remedy requested and shall be appealed to Step 2 within ten calendar days after the employer designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within 10 calendar days shall be considered waived. b. If appealed, the written grievance shall be presented by Association and discussed with the employer designated Step 2 representative. The Employer designated representative shall give the Association the Employer's Step 2 answer in writing within 10 calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to step 3 by the Association within ten (10) calendar days shall be considered waived. C. If appealed, the written grievance shall be presented by the Association and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Association the Employers answer in writing within 10 calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within 10 calendar days following the employer designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within 10 calendar days shall be considered waived. d. If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article XVI or a procedure such as: Civil Service, Veterans' Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article XVI the grievance is not subject to the arbitration procedure as provided in Step 4 of Article XVI. The aggrieved employee shall indication in writing which procedure is to be utilized — Step 4 of Article XVI or another appeal procedure — and shall sign a statement to the effect Page 10 of 15 that the choice of any other hearing precludes the employee from making a subsequent appeal through Step 4 of Article XVI. e, A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances", as established by the Public Employment Relations Board. Section 5. Arbitrator's Authority a. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this agreement. The arbitrator shall consider and decide only the specific issue(s) submitted In writing by the Employer and Association and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the transmission of briefs by the parties, whichever is later, unless the parties agree to the extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of the agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. Section 6. Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of Employer's last answer. If the Employer does not answer a grievance or and appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at Page 11 of 15 that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. ARTICLE XVIII EMPLOYER AUTHORITY Section 1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the employer to modify, establish, or eliminate. ARTICLE XIX MISCELLANEOUS Section 1, Part-time employees will not be eligible for any benefits under this agreement. Section 2. Employees may perform physical fitness activities for up to 1 hour during a 24 hour shift as long as it does not interfere with the work schedule and daily activities. ARTICLE XX SAVINGS CLAUSE Section 1. This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Stillwater. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or is contrary to an administrative ruling or is in violation of legislation or administrative regulations, such provision shall be void. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE XXI DURATION Section 1, This agreement shall remain in full force and effect for a period commencing January 1, 2017 through December 31, 2018. In the event a new agreement is not in effect on January 1, 2019, all compensation, Page 12 of 15 working conditions and benefits shall remain in effect as set forth in this agreement until a successor agreement is effected. ARTICLE XXII WAIVER Section 1. Any, all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. Section 2. The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition or employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. The employer and the union each voluntarily and unqualifiedly waives the right to meet and negotiate any and all terms and conditions of employment referred to or covered in the agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. IN WITNESS WHEREOF, the parties hereto have set their hands this day of 2017. FOR THE ASSOCIATION: FOR THE CITY OF STILLWATER: President Ted Kozlowski, Mayor Diane F. Ward, City Clerk Page 13 of 15 C) r-4 oi 0) 0) AA Vq Gi Ln 0)a N Ci CLC) 0) r-4 45 vi LD rl_ in cn Ln 00 14: M 0 00 cn rl� c Ln N Ci CA nd CL m cn 4) V-1 m 4;; rll� C� ul VIP ob c C14 M mLrn' < a u7 AAtin - L co z >- LA OR Lq ct W < CLcn ai CL n r-4 Ln M Ln CL W ke < U) in CL < m Vi r-4 r- QM 0) (14 Ln rn Lq Im M d' tCi Ln Lq OCLI cn m I 0)m r� 00 in t: U) Vl- A/). ar 00 Lri of rn Lni Rt Ln 00 4) ICO U 4� w Up 0) CL LU C m U- ei 000 M e-1 a' C i Ln to - tD W i!} {/} ID a e4 p uiLn Ln M q! I Q1 {h ih cq eq rn T' Ln r- u1 O N f` co WLn � C` Ln t=1 Oiz d tD I� 4A. ih N UD P% aF tD � 00 N Ln rl� V).00 00 i!► W ► Lq ~ ° w rn D un to co u7 X L T 6 (o LM Oft T O W Q CL M N r W < Q M Lq mn f`. CLco N O N t0 N tri � M M t0 tf1 Ln m O N Lr l� V)- t/} rl Ln N O Lq 0) N co 00 45 ly Ln 1-4 M Lr! 00 a to M ll: h d Lf) i 4A in N V 0 O (a N s C 44 d w41 'no a� a c ro d' 'u.. w RESOLUTION 2017-119 APPROVAL OF MUTUAL AID/JOINT EXERCISE OF POWERS AGREEMENT BETWEEN ST. CROIX COUNTY,WISCONSIN SHERIFF'S OFFICE AND THE STILLWATER, MINNESOTA POLICE DEPARTMENT BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the Resolution 2017-119, approval of Mutual Aid/joint Exercise of Powers Agreement between St. Croix County, Wisconsin Sheriffs Office and the Stillwater, Minnesota Police Department for law enforcement assistance, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, that the Stillwater City Council authorizes the Stillwater Police Chief to sign the contract on the City's behalf. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MUTUAL AID/JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE ST. CROIX COUNTY, WISCONSIN SHERIFF'S OFFICE AND THE CITY OF STILLWATER, MINNESOTA POLICE DEPARTMENT This agreement supersedes any previous agreement between the parties for mutual aid/joint exercise of powers. WHEREAS, St. Croix County, Wisconsin and Washington County, Minnesota are recognized as "border counties" of a "physically adjacent state," as defined by Wisconsin Statutes §§ 175.46(1)(a) and 175.46(1)(d); and WHEREAS, the City of Stillwater, Minnesota is located in Washington County, Minnesota and meets the definition of "Political subdivision" as set forth in Wisconsin Statute § 175.46(1)(e); and WHEREAS, the St. Croix County Sheriff's Office is a"Wisconsin law enforcement agency" as defined by Wisconsin Statutes § 175.46(1)(f); and WHEREAS, the City of Stillwater Police Department is "law enforcement agency" as defined by Minnesota Statute § 626.84(f) and a"law enforcement agency of a physically adjacent state" as defined by Wisconsin Statute § 175.46(1)(b); and WHEREAS, both law enforcement agencies must confront threats to public health and safety including, but not limited to, natural or man-made disasters; and WHEREAS, neither of the agencies possesses all of the necessary resources to cope with every possible law enforcement emergency or disaster by itself, and an effective, efficient response can best be achieved by the application and leveraging of the collective resources of both agencies; and WHEREAS, it is desirable that each of the agencies should voluntarily aid and assist the other in the event that an emergency situation occurs; and WHEREAS, it is necessary and desirable that a mutual aid/joint exercise of powers agreement be executed for the performance of such assistance. THEREFORE, in accordance with Wisconsin Statute § 175.46 and Minnesota Statute § 471.59, the St. Croix County, Wisconsin Sheriffs Office and the Stillwater Police Department do hereby grant law enforcement authority to each duly sworn law enforcement officer of the other law enforcement agency under the following terms and conditions: 1. When requested by the St. Croix County Sheriffs Office, law enforcement officers of the City of Stillwater Police Department may act with all of the arrest and other police authority of a law enforcement officer of the St. Croix County Sheriff's Office while within the boundaries of St. Croix County, Wisconsin. 2. When requested by the Stillwater Police Department, law enforcement officers of the St. Croix County Sheriffs Office may act with all of the arrest and other police authority of a law enforcement officer of the City of Stillwater Police Department while within the boundaries of the City of Stillwater, Minnesota. 3. Any law enforcement officer acting under this agreement is considered to be acting in the ordinary course of his or her employment with his or her employing agency. 4. Any law enforcement officer acting under this agreement shall continue to be covered by his or her employing agency for the purpose of worker's compensation, unemployment insurance, disability and any other employee benefits, and for civil liability. 5. Any law enforcement officer acting under this agreement is immune from liability or protected by limits on liability to the same extent as any law enforcement officer of the other agency. 6. No law enforcement officer acting under this agreement may be considered for liability purposes as an employee of the other agency or an agent of the other state, or any other law enforcement agency of the other state, for his or her actions regardless of the supervision or control over the officer's actions. 7. Each law enforcement officer acting under this agreement will, as soon as reasonably possible and/or practical, notify his or her employing agency that he or she is acting under this agreement and of their presence in the other's jurisdiction. This agreement will remain in effect until such time as one or both of the law enforcement agencies to this agreement declares in writing that this agreement is terminated. ST. CROIX COUNTY, WISCONSIN SHERIFF'S OFFICE By: Date: Its: John Shilts, Sheriff Approved as to form: Date: Heather M. Wolske, Assistant Corporation Counsel 2 STILLWATER POLICE DEPARTMENT, CITY OF STILLWATER, MINNESOTA By: Date: Its: John Gannaway, Chief of Police Approved as to form: Date: David Magnuson, City of Stillwater Attorney 3 MEMORANDUM TO: Mayor or and City Council FROM: Shawn Sanders, Public Works Director/City Engineer DATE: June 15, 2017 SUBJECT: 2016 Myrtle Street Lift Station Improvement Project DISCUSSION The work on the above project has been completed. The contractor has submitted their application for payment and required information to allow for final payment. RECOMMENDATION Staff recommends that Council accept the work and authorize final payment to CCS Contracting, Inc. in the amount of$16,072.52. ACTION REQUIRED If Council concurs with staff recommendation, Council should pass a motion adopting resolution No. 2017- , ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2016 MYRTLE STREET LIFT STATION IMPROVEMENT PROJECT (Project 2016-10). RESOLUTION 2017-120 ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR 2016 MYRTLE STREET LIFT STATION IMPROVEMENT PROJECT (Project 2016-10) WHEREAS,pursuant to a written contract signed between the City and CCS Contracting, Inc. for improvement of the 2016 Myrtle Street Lift Station Improvement Project (Project 2016-10) and their work has been completed with regard to the improvement in accordance with such contract, BE IT FURTHER RESOLVED: That the city clerk and mayor are hereby directed to issue a proper order for the final payment of$16,072.52 on such contract, taking CCS Contracting, Inc. receipt in full. Adopted by the Council, this 201h day of June 2017. Ted Kozlowski,Mayor Attest: _ Diane F. Ward, City Clerk RESOLUTION 2017- 124 APPROVING CONTRACT FOR PUBLIC ART IN DOWNTOWN STILLWATER BE IT RESOLVED,by the City Council of Stillwater, MN that the contract with Taylor Berman for public art for the three panels on the east exterior wall of the public restroom on the Commercial Street plaza, as on file with the City Clerk, is hereby approved and authorizes the Mayor and City Clerk to sign the contract. Adopted by the City Council of the City of Stillwater this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Yf I SIR f 4 S& STANDARD CONTRACT AGREEMENT THIS AGREEMENT, is made this 20m day of June, 2017 by and between the City of Stillwater, Washington County, Minnesota(hereinafter called the "City") and Taylor Berman (hereinafter called "Contractor"). 1. The Work. The Contractor agrees to create three panels of public art substantially similar to Exhibit A. The three panels are to be installed in the recessed areas of the east facing exterior wall of the public bathroom on the Commercial Street plaza. Installation of the panels must be done under the direct supervision of Public Works Superintendent Moore. All work will be done in a workman-like manner and materials will be fit for the purpose. 2. Payment. This work, including all labor, materials and equipment needed to accomplish the work, shall be completed by the Contractor for the unit prices shown on Exhibit B. 3. Waiver of Liability. It is further agreed that this work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Stillwater from any claims, demands, injuries, damage actions or caused of action whatsoever, arising out of or connected with the work for the project. 4. Completion Date. Work must be completed and installed by October 20, 2017. IN WITNESS WHEREOF, the parties have set their hands this day of , 2017 CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Diane F. Ward, City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this of 2017 by Ted Kozlowski, Mayor and Diane F. Ward, City Clerk for the City of Stillwater. Notary Public Commission Expires: Commissioned At: CONTRACTOR By: Taylor Berman STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this of 2017 by Taylor Berman. Notary Public Commission Expires: Commissioned At: Exhibit A �r r / i �0 a r �i rr rl1,%t (--'////I%, f�r!/�r�rr�r/, Irr,/r�r✓r��r�� rraf�flyr�i/ri ai 1, (�(� �r , ��1 G Exhibit B Stillwater Public Art Proposal / Project Estimate ► Mural Panels for Facilities Building Materials 4' x 8' Plywood 3/4 " $42 /each X2 $84 OR '/2" $34 /each X2 $68 Oil-based Primer $19 /gallon X2 $38 Professional Grade Acrylic Spray Paint $9 /canX15 $135 Total = $241-257 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Labor 4' x 4' 4' x 4' Panel Sizes (one side) 4' x 7' One Side of Building $15 /sq.ft. X60 $900 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Project Total = $1,150 Memorandum TO: Mayor and City Council FROM: Diane Ward, City Clerk DATE: 6/15/2017 SUBJECT: Water Board Reappointment DISCUSSION: Mr. Steve Speedling's term on the Board of Water Commissioners expires on June 30,2017. He has completed his second term. Attached is a letter from Robert Benson,Manager indicating that Mr. Speedling has expressed his interest in continuing to serve on the board. ACTION REQUIRED: The Board of Water Commissioners has recommended the reappointment of Mr.Speedling and if Council agrees,Council should pass a resolution entitled REAPPOINTMENT OF STEVE SPEEDLING TO BOARD OF WATER COMMISSIONERS. RESOLUTION 2017-125 REAPPOINTMENT OF STEVE SPEEDLING TO BOARD OF WATER COMMISSIONERS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, Steve Speedling is hereby reappointed to the Board of Water Commissioners with a term ending June 30, 2020. Adopted by the Stillwater City Council this 20th day of July, 2017. Ted Kozlowski, Mayor Attest: Diane F. Ward, City Clerk BOARD OF WATER COMMISSIONERS 204 North Third Street P.O. Box 242 Stillwater, MN 55082-0242 Phone: 651-439-6231 - FAX: 651-439-4061 June, 8, 2017 Diane Ward 2164T"StN Stillwater, MN 55082 Dear, Diane Steve Speedling's term on the Board of Water Commissioners expires June 30, 2017. He has expressed his willingness to again serve on the Board. It is the desire of the Board of Water Commissioners to ask for Mr.Speedling's reappointment, as a member of the Board of Water Commissioner. Sincerely, Robert Benson Manager City of Stillwater Board of Water Commissioners RESOLUTION NO.2017-126 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION ADOPTING AN AMENDED ASSESSMENT-BROWN'S CREEK COVE WHEREAS, the council has met and considered the amended assessment of the Transportation Adequacy charges as requested by the Developer of Brown's Creek Cove. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Stillwater: 1. The amended and revised assessment, a copy of which is attached hereto as Exhibit A (The Assessment Roll) and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the amended assessment levied against it. 2. The original assessment for parcel 19.030.20.14.0060, legally described as Outlot A Brown's Creek Cove ist Addition is deleted, and the amount collected in 2017 estimated to be $939.19 consisting of principal of$807.07 and interest of$176.12 is abated. 3. The assessment deleted from Outlot A in the amount of$2,421.23 will be divided equally among the remaining lots. This will be an additional assessment (LI44111 — Adjust Browns Creek Cove TAF) in the amount of $403.54 per parcel that shall be payable in equal annual installments extending over a period of two (2) years, the first of the installments to be payable on or before the first Monday in January 2018, and shall bear interest at the rate of five (5) percent per annum from the date of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from the date ofthis resolution until December 31,2017. To each subsequent installment shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The entire assessment will also become immediately due upon the sale of a parcel to an unrelated third-party. 6. The clerk shall forthwith transmit a certified duplicate of the assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by affirmative vote of the majority of the City Council of the City of Stillwater this day of , 2017. CITY OF STILLWATER ATTEST: Ted Kozlowski, Mayor Diane F. Ward, Clerk -2- Exhibit A Assessment Roll Parcel No. Legal Description Per Lot Assessment 19.030.20.14.0045 Lot 1, Block 1, Brown's Creek Cove $403.54 19.030.20.14.0047 Lot 3, Block 1, Brown's Creek Cove $403.54 19.030.20.14.0051 Lot 7, Block 1, Brown's Creek Cove $403.54 19.030.20.14.0055 Lot 11, Block I, Brown's Creek Cove $403.54 19.030.20.14.0057 Lot 13, Block 1, Brown's Creek Cove $403.54 19.030.20.14.0058 Lot 14, Block 1, Brown's Creek Cove $403.54 Memorandum To: Mayor and City Council From: Diane Ward, City Clerk Date: 6/14/2017 Subject: Downtown Parking Commission Reappointment The term of Mr. Daren Anderson expired on May 1 st. He wishes reappointment and the Chair and Council Representative recommend that he be reappointed. ACTION REQUIRED: If Council wishes to reappoint Mr. Anderson, Council should adopt a resolution entitled REAPPOINTMENT TO DOWNTOWN PARKING COMMISSION. /nm REAPPOINTMENT TO DOWNTOWN PARKING COMMISSION NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, hereby reappointed the following at their June 20, 2017 regular City Council meeting: Daren Anderson Term Expires—May 1, 2020 Adopted by Stillwater City Council this 20th day of June, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk a tet M i tlP�4 f '4 0 1 ,4 PLANNING REPORT DATE: June 15, 2017 TO: Mayor &Councilmembers FROM: Bill Turnblad, Community Development Director TOPIC: Updated Downtown Plan BACKGROUND Every ten years communities in the Metropolitan Area are required by State law to update or re-write their comprehensive plans. This cycle of plans will be known as the 2040 Comprehensive Plans. By December 31, 2018 those plans must be submitted to the Metropolitan Council for their review. The City of Stillwater is writing its 2040 Comprehensive Plan in four phases. The first two phases were completed at roughly the same time period. We are currently completing the third phase and have just began developing the scope of work for the fourth phase. • Phase one was a major overhaul of the City's Trail Plan, as was found in the Parks & Trails Chapter of the 2030 Comprehensive Plan. That overhaul project began in March of 2014 and was completed in the summer of 2015. • Phase two was the development of a Master Plan for Bridgeview Park, which was begun in the summer of 2014 and completed in March of 2015. • Phase three, the current phase, is an update of the City's Downtown Plan, which is found in Chapter 6 of the 2030 Comprehensive Plan. This phase began in August of 2015 and is nearing completion. • Phase four will be to update the remainder of the current Comprehensive Plan. Writing the scope for this final phase is currently underway. PROJECT CHRONOLOGY The project chronology for the current phase is as follows: Downtown Plan Page 2 Date Activity Aug 2015 - Mar Develop project scope and select consultant team 2016 Mar - May 2016 Inventory of base maps, existing studies, data & document collection May 2016 Downtown Plan Advisory Committee Meeting #1 [Kick-off meeting, project background, schedule, responsibilities, etc.] June 23, 2016 Public Workshop #1 [Inventory, analysis, downtown tours &brainstorming] July 2016 Downtown Plan Advisory Committee Meeting #2 [Visioning] August 2016 Downtown Plan Advisory Committee Meeting #3 [Visioning &Traffic] October 2016 Downtown Plan Advisory Committee Meeting #4 [Market Analysis] Nov 15-18, 2016 Public charrette week Nov 15 Workshop #2 Nov 17 Open House #2 January 2017 Downtown Plan Advisory Committee Meeting #5 [Plan implementation; review of charrette materials and concepts] February 2017 Downtown Plan Advisory Committee Meeting #6 [Discussion of draftplan] March 2017 First draft of plan written April 2017 Downtown Plan Advisory Committee Meeting #7 [Discussion of draft plan] April 20, 2017 Oen House #2 May 2017 Revise the plan June 14, 2017 Public Hearin #1 - Planning Commission June 20, 2017 Public Hearin #2 - City Council PRIMARY REVISIONS Some of the main elements developed for the updated Downtown Plan include: • Chestnut Street civic space • Pedestrians first: Main Street improvements • Separation of bike and pedestrian routes through Downtown • Identification of potential sites for a new public parking ramp • Identification of sites that are good candidates for redevelopment Downtown Plan Page 3 The project manager, Joni Giese from SRF, will give a presentation on this phase of work at the public hearing on June 20, 2017. The entire draft plan can be found on the City's website, at lil ': www.c .s[J11w� Ler.m.r-l. SPECIFIC REQUEST Consider the draft plan and revise or adopt pending review by surrounding jurisdictions. ALTERNATIVES A. Approval If the draft of the Downtown Plan is acceptable to the City Council, approve the draft on a voice vote. It will then go out to surrounding jurisdictions for a 60 day review. When review comments are received, staff will bring them back to Council to incorporate the comments and adopt a final version of the Downtown Plan. B. Table If the City Council would like to see additional information or specific revisions brought to you, table your decision until your July 111h meeting. bt Attachment Comments from Planning Commission hearing Hearing Presentation Slides Draft Downtown Plan Downtown Plan Page 4 Comments from Planning Commission Public Hearing (held 6/14/17)\ Marie Maurie, 350 N Main, is concerned about accessibility for people with disabilities and the elderly. There is a large and growing senior population in Stillwater and getting around Downtown can be a challenge. Louise Watson, Sustainable Stillwater steering committee member, would like to have a chance to look at the plan from a sustainability point of view. She would like to examine sustainable transportation (walking, cycling, alternative transportation), recycling and walkability. Cameron Kelly, Downtown Stillwater resident, mentioned: 1. Motorcycle noise is a problem and is not addressed in the Downtown Plan. 2. The highest leakage categories mentioned in the market analysis are for retail businesses that will only locate in high traffic, easy access areas such as the Highway 36 corridor. 3. Off-site parking should be provided with regular shuttle service connecting to Downtown. 4. 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Community Based Planning....................6-3 Through its evolution the Downtown has been the subject of Study Area...................................6-3 Background.. . . .. . . .. . . .. . . .. . . .. . . . 6-5 numerous transportation,parking,planning,and design studies Past Studies..................................6-5 that provide key resources on which to build. The following Existing Conditions and Downtown objectives ..6-10 Downtown Stillwater Value Statements 6-19 mission statement from the 1988 Downtown Plan summarizes A Riverfront Destination......................6-19 the sentiment and intent of all the Downtown planningefforts Outdoor Recreation Gateway..................6-19 1" Lively Arts and Culture Center.................6-19 and has guided this 2018 update to the Comprehensive Plan: Historic and Hip.............................6-19 It's All Right Here............................6-19 Where Everyone Knows Your Name ...........6-19 PedThe image and identity of Downtown Stillwater is of primary ApearansFirstter..........................6-19 Appearances Matter..........................6-19 importance. It is represented in its historic buildings, its natural Easy Access and orientation...................6-19 setting, and its dedication to open spaces, pedestrian accessibility, for the Next Generation..............6-20ity, Downtown vision . . . .. . . .. . . .. . . .. . 6-20 and the river. The goal of the Downtown Plan is to enhance Reinforce connections between the riverfront, Lowell .6-20 and retain the historic rivertown image of Stillwater through a Focusstreetscape treatmentswithina10-minute conscientious and gradual process of change and economic growth walk distance of core Downtown and adjacent neighborhood ...............................6-20 so that Stillwater, "the Birthplace of Minnesota," continues to be a Preserve natural character of bluffs and river along north and south gateways to Downtown ..6-21 Special place to live, to work, and to visit. Improve surface parking lot circulation and connectivity.................................6-21 �ii Re-use of spaces in upper floors................6-21 / � Facilitate redevelopment......................6-21 Improve alleys adjacent to businesses along Mani Street..................................6-21 Create a Shared Street along Water Street........6-25 °d "� Improve 2nd Street as a residential and service corridor.....................................6-25 i Transition parking lot along Lowell Park to a destination park.............................6 25 Provide Additional Structured Parking..........6-25 Enhance Downtown Circulation...............6-25 streetscape Design...........................6-26 Goals and Policies . . . .. . . .. . . .. . . .. . 6-40 ��- Land Use and Downtown Urban Design........6-40 Transportation...............................6-47 ' „1r Parks,Trails and Riverfront....................6-53 Historic Preservation and Sustainability.........6-54 Local Economy and Tourism ..................6-55 Implementation&Phasing of Public Improvements.. . . .. . . .. . . .. . . .. . . .. 6-69 r Implementation Responsibility.................6-69 Implementation Schedule.....................6-69 j Implementation Strategies.....................6-72 �I i( it .I ❑❑ PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6.1 Purpose to the new bridge. As part of this new loop trail, The intent of the Downtown Plan update is the historic lift bridge will be rehabilitated and to continue to build upon the City's successes converted into an exclusive facility for pedestrians in sensitively promoting new development and bicyclists. and vitality in Downtown. This plan creates a framework for growth that reinforces Stillwater's In 2014, the Minnesota Department of Natural 'rivertown' character and knits together a network Resources, finished construction of the Brown's of streetscapes, open spaces, walkways, bikeways, Creek State Trail. This 5.9-mile trail makes an and land uses to create amenities,which will attract important connection between the Gateway State and retain residents and businesses. It strives to Trail and Downtown Stillwater. It is envisioned balance pedestrian, bicyclist and vehicular needs, that the combination of the new St. Croix Crossing and to provide spaces for a variety of gatherings Loop Trail and the new Brown's Creek State Trail and festivals. will make Downtown Stillwater a significant hub of bicycling activity that will draw a new base of The update to the Downtown Plan involved visitors to Downtown. gaining an understanding of previous planning, synthesizing and weaving together the pertinent Improve Downtown Vitality aspects of past plans to maintain vision continuity, Local Residents Re-discover Downtown while integrating new development influences. Community residents have expressed frustration with visiting Downtown during periods of peak Plan ate Influences congestion and have indicated that they avoid Planned Infrastructure Enhancements Downtown for that reason. Upon opening the St. Croix Crossing and the resulting reduction in traffic The Downtown Plan needed to respond to several congestion, it is expected that people (visitors, new infrastructure projects that have the potential residents,and workers)will be able to conveniently to significantly enhance the character and vitality and comfortably move around Downtown again. of Downtown. The most prominent of these is the planned opening of the new St. Croix Crossing. It is a goal to increase local residents' patronage of Downtown, by making it quick and enjoyable to This new bridge over the St. Croix River is expected come to Downtown to enjoy the riverfront and for to significantly reduce vehicular congestion daily goods and services. in Downtown, thereby transforming the main thoroughfare through Downtown (Highway 95) Create a Year-round Destination back into a traditional Main Street environment. Not Downtown Stillwater's "busy season", when most only will the new bridge reduce traffic congestion, tourists visit, typically occurs during the spring, but it will reduce noise pollution, improve historic summer and fall months of the year. The slow building districts,improve pedestrian comfort, and winter months can be a challenge for Downtown will allow space within the Main Street right of businesses, as currently, there are few events way currently used for vehicular turning lanes to planned during the winter months to draw visitors be reallocated to other uses. draw Downtown. This is compounded by the fact that most current Downtown businesses are Another infrastructure enhancement that will primarily focused toward tourists. There is a desire accompany the new St. Croix Crossing is the to reverse this trend by both increasing winter event construction of a new 4.7-mile St. Croix Crossing programming in Downtown and by providing Loop Trail that will be incorporated into the new goods and services to attract local residents. In bridge, extend north along the Minnesota side of order to better facilitate winter programming,some the river up to the historic lift bridge, cross the modifications are desired in Downtown to improve lift bridge into Wisconsin and then return south PLAN OF STILLWATER 6-2 Chapter 6: Downtown Stillwater Framework Plan visitors comfort and ease of movement, such as of the Downtown Plan and feedback on draft the provision of winterized public restrooms and materials. Two Community Workshops and two thorough clearing of sidewalks to provide safe Open Houses were held over the course of the pedestrian movement. project. A compilation of community comments received can be found in an appendix to this Increased Development Activity chapter. Finally, economic conditions have continued to improve since the last Downtown Plan update. The Agency Coordination City is starting to see increased development interest Coordination with the Minnesota Department of in Downtown. The update of the Downtown plan Transportation (MnDOT) occurred over the course is a key opportunity to refresh and strengthen the of the project. MnDOT is a key project stakeholder community's vision for Downtown to help guide as this agency currently has jurisdiction over development activity. Main Street, Chestnut Street and the lift bridge. MnDOT will also need to maintain emergency and Community Based Planning maintenance access to lift bridge into the future. Some of the community's greatest assets for the Study Area comprehensive plan are the knowledge, interest and contributions that its citizens,businesses, local The boundaries of the Downtown Plan are loosely officials, and advisory commissions make to the defined as including both the Downtown core development of the community's vision and next- area and its immediately adjacent Old Town generation plan. The planning process provided neighborhoods (See Figure 6.1). opportunities for community involvement in creative and practical ways to help shape the future of the historic Downtown. Downtown Plan Advisory Committee The Downtown Plan Advisory Committee (DPAC) was appointed as the primary group to guide the update of the Downtown Plan. The committee included representatives of the City Council, Downtown Parking Commission, Heritage Preservation Commission,business owners,natural resource protection advocates, and residents. The DPAC met eight times over the course of the plan update. This engaged committee was instrumental in guiding the plan update and facilitating discussions with their fellow city residents during open house events. Community Input and Feedback The broader community had opportunities to provide insight that informed the development ❑ PLAN OF STILLWATER ❑ Chapter 6: Downtown Stillwater Framework Plan 6.3 Figure 6.1: Downtown Stillwater r^ N �r I` iillllll �N i o % III VIII e r r ` M Downtown S tillwater Study Area City Parkland a 0 150 300ft 0 PLAN OF STILLWATER 0 6.4 Chapter 6: Downtown Stillwater Framework Plan Background 1988 Stillwater Downtown Plan — Prepared by BRW,Inc. Past Studies This plan is one of several area plans developed The City of Stillwater has invested a significant by the city subsequent to adoption of its 1979 amount of time and effort studying the different Comprehensive Plan. The Downtown Plan was a pieces of the Downtown puzzle. The Downtown predominantly visual guide to meet the challenges Plan will weave together the relevant findings and and opportunities of Downtown in the late 1980s. outcomes from these past planning studies in an effort to ensure that the Downtown remains viable. Elements of the plan are listed as follows: The pertinent projects include: • 1988 Stillwater Downtown Plan Land Use • 1992 Renovation of Lowell Park Plan • A new Central Business/Commercial District • 1995 Comprehensive Plan recognizes existing uses and provides direction for complementary commercial • Aiple Property/Kolliner Park Master Plan uses. (dated 12/8/98) • New parks, recreation and open space, • Comprehensive Trail Plan (dated 11/16/00) transportation,utilities and parking, and • North Main/Lowell Park Plan Update (dated public administration/office districts are January 2004) proposed to recognize existing development • Current and Future Trail Plan Revision patterns and guide new development. (BRA, 11/1/05) • Nine special sites are identified because • Shoddy Mills buildings relocated to Aiple of their importance to the Downtown and Property (SRF, dated 1/1/06) special land use and design guidelines • 2006 Design Manual, Commercial Historic proposed. District • Development opportunities identified in the Economic Study are recognized and • 2008 Stillwater Comprehensive Plan (dated included as preferred uses of special sites. June 1, 2010) • Bridgeview Park Master Plan Update (dated • The site of the Maple Island city parking March 17, 2015) lot and Mulberry Point represent an opportunity for a major mixed use • Stillwater Trails Master Plan: Pathways to development, possibly including retail/ 2040 (dated June 22, 2015) office/hotel uses. The key recommendations for physical Parking improvements from the most relevant plans are . Alternative locations for parking structures outlined below. Figure 6.1 provides a composite are identified at Second as well as at Olive view of the key recommendations of all the relevant and Mulberry and Second Streets. previous studies. • A financing plan to pay for parking improvements including possibly a parking structure is proposed for a first year activity. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6.5 Urban Design • Relocate railroad car storage outside of Streetscapes for the St. Croix riverfront, Downtown. Main Street, side streets,Water Street and • Preferred land uses are shown along the visitor center and plazas are proposed riverfront and North Main Street. • A continuous riverfront pedestrian walkway should link Downtown and other prominent points in the planning area;i.e., Pioneer Park, Lowell Inn, Broadway Overlook. • Surface parking lots should be small and well landscaped. • A series of observation and interest points should be connected by walkways to enable the visitor to overlook the Downtown and get a closer view of parks and sites of interest. Figure 6.2: Illustration from 1988 Downtown Plan ":;�A wlro'�1CrM ( a .,r• !",� '� iM'Nadulmn �d7aLq�gry _. POINT, I, '"LOWELL wAR . � lrMT wr L 1 i �alfG 67 J � - � � 1 A r � 1 y-..y 11 I.1r I�I r r —..... Ndnc rwq Ctrc.I.IWn " ESI.-ueveVw mnt D Adds 0elinlnp Landscape ,�."':� Streekacape A—s ...... e°e.m Pedestrian Qrculat on I ER 1.)OWNr OW .1 I. AN Open space PLAN OF STILLWATER 6.6 Chapter 6: Downtown Stillwater Framework Plan 1992 Renovation of Lowell Park Plan — Prepared Comprehensive Trail Plan (dated 11/16/00) — by Sanders Wacker Wehrman Bergly,Inc. Prepared by City of Stillwater Almost 80 years old at the time, Lowell Park was The goal for the 2000 trail plan was to develop and showing its age and consequently the city became maintain a city-wide network of interconnected interested in park improvements. In response this trails that provided valuable recreational and 1992 plan was created. Depending upon whether transportation opportunities for city residents and improvements were to be undertaken in the visitors. Goals specific to the Downtown area of the southern part of the park or the northern,there was city included examining potential trail sites,noting a specific set of proposed guidelines. their historical and natural setting, such as city ravines, and greenways, along with their ability to South Design Guidelines connect Downtown and residential neighborhoods. • Develop a continuous riverfront pedestrian walkway linking new and existing areas of North Main Street/Lowell Park Plan Update — the Downtown. Prepared by SEH,January 2004 • Create regular visual and pedestrian access In 2002 the City of Stillwater purchased the last of the corridors linking the riverfront, Lowell Park railroad right-of-way that bisected the Downtown and Main Street. area. The purchase was a major milestone that made • Design parking to serve both the Downtown possible a number of potential improvements. To and Lowell Park. Screen views of lots from give initial form to the possibilities,the city initiated within the park. this 2004 study. Its key conclusions were: North Design Guidelines • Expand Lowell Park area by 0.76 acres and extend the park to Water Street. • Upgrade Mulberry point to the passive . Organize and consolidate parking. recreational and pedestrian character defined by the Morrell and Nichols Lowell • Provide the opportunity for a visitor center/ Park Plan. restroom/hospitality center for Downtown • Develop Mulberry Street into a more visitors. formal'processional' boulevard, linking the • Locate a linear landscaped trail that riverfront and Main Street. traverses the entire Downtown from north to south. Figure 6.3: Illustration from 1988 Downtown Plan ( d ta 0 PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6.7 • Provide for strong pedestrian connections 2008 Stillwater Comprehensive Plan (June 1, 2010) between Main Street and the river. —Prepared by Bonestroo • Accommodate community festivals, farmers' market, and special arts and crafts The 2008 plan introduced recommendations for events. Downtown districts, Downtown focal points, gateways and viewsheds. It also provided potential locations for future structured parking. Figure 6.4: Illustration from 2008 Stillwater Comprehensive Plan ii � N ! V�IVI dill uu P,' i �� ✓GY /r "u��r� / !va a�r' Is /i�//i ✓� y dl�� v 6�✓�a�' p � �� 4 / j, o o� rei , NYy',b' Y,J ��J�� H��11�Y(�� 7J�J �/ UOrI��✓'f"f�f�i �� k ��., �, � iJrr,�,ll !��/ ��klrrr�� f ll)//✓rw�;U� � J !%� II� Oir /✓/%i r�(R�r1�(!(l� '�r�s�fJP�ill��i��(J�{�/��J frrr�!/ri�llr✓ % +��1%�J I�r i aa 11/i k�/ii rJM /we /ar rr /�nr t✓�//,iii fir' f 0�.. J!,➢�} lOf��l��mr �� j�p� ��/011 �mrrow,wr��O�J, !�! %U� o Ikixr.Rhll �;i.J rux� �8rr`%'r�`Ihll��c �/�! ,,U � � !Y„� i✓�n,il�Y(. ,��llll�s: PLAN OF STILLWATER 6_8 Chapter 6: Downtown Stillwater Framework Plan Bridgeview Park Master Plan Update(dated March as these two new regional trails have the potential to 17,2015)—Prepared by SRF/Baird make Downtown Stillwater a significant bicycling hub. The master plan vision statement below This park plan called for the provision of a trailhead highlights the importance that is being placed on for the new St. Croix Crossing Loop Trail, along this infrastructure opportunity and the potential with transient boat parking, a fishing pier and a benefits it can bring to the City, and specifically, boat launch in this park. The transient boat docks Downtown. will serve the needs of boaters desiring to visit Downtown Stillwater. The park plans outlined Build on Stillwater's history and natural setting to in this document were assumed to be "given' become a leading active transportation community future conditions and provided the basis for the and one of Minnesota's premier trail destinations. Downtown Plan recommendations. The Stillwater Trails Master Plan is incorporated Stillwater Trails Master Plan: Pathways to into the Parks and Trails Chapter of the 2040 (dated June 22, 2015) — Prepared by City of Comprehensive Plan. The planned trails outlined Stillwater in the Trail Master Plan document were assumed to be "given" future conditions and provided the This update to the city's trail plan was prompted by basis for the Downtown Plan recommendations. the completion of the Brown's Creek State Trail in 2014 and the planned St. Croix Crossing Loop Trail, Figure 6.5: Bridgeview Park Master Plan j i ii s - OpO of osmnm MckaKoO-rtak / �/ °�' S 1 We i / ii Vis, r v ' ,,, � ''. /%/ f Cfllp Sven✓/i4✓g�'±h', V5i0ry ,,,,,,, /%%/%%/, ,iii✓%/ra„ i ,,, „ ,,,,,,,ii.,,,, /i//!fl�......... ❑❑ PLAN OF STIL,LWATER ❑❑ Chapter 6: Downtown Stillwater Framework Plan 6.9 Existing Conditions and Downtown Objectives Development Pattern This section augments base information that has The St. Croix River and its limestone bluffs have already been documented in previous studies. strongly shaped the Downtown development The primary purpose is to identify the unique pattern. The core Downtown area is characterized components of the existing Downtown that will by traditional compact urban development, which define design parameters and shape the design creates a pedestrian-scale. The fringe areas outside alternatives. of the core Downtown area, specifically north of Mulberry Street and west of 2nd Street,evolve into a more open, motor vehicle oriented, suburban Figure 6.6: Downtown Development Pattern k / � I 4N1Ullul �'l l Y��yV� I f I 7�Sir% , ix 0�9d � i w �11U//Nle✓ /! n�V !� I � (J ..l r f 0 PLAN OF STILLWATER 0 6_10 Chapter 6: Downtown Stillwater Framework Plan development pattern that results in an undefined • Existing surface parking lots provide pedestrian realm. opportunities for future redevelopment and open space improvements. Downtown Parking • Look for shared parking opportunities Sufficient parking that is easily accessed, well associated with redevelopment of parking signed and convenient is necessary Downtown for lots Downtown. the success of retail, office, services, tourism, and . Direct prime Downtown parking to communityevents. As of October, 2016 there were customers. Have employees park away from 3,440 parking spaces Downtown. The location of prime Downtown spots. the public spaces can be seen in Figure 6.7. • Create multi-purpose spaces within parking On-Street Public Parking 616 stalls lots that can be converted for public events Off-Street Public Parking 1,226 stalls or gatherings. Off-Street Private parking 1,598 stalls • Utilize shuttles and remote parking for large Total Parking 3,440 stalls community events. • Improve wayfinding to Downtown Parking Along River Creates Barrier parking. Incorporate technology to provide A majority of the publicly owned parking lots information on parking stall availability. within the core Downtown, comprising roughly . Define opportunities to relocate parking 75 percent of all public parking spaces, are located within the Downtown core away from adjacent to Lowell Park and the riverfront. The Lowell Park and the riverfront, where location of these parking facilities creates a feasible. psychological barrier for pedestrians. The wide expanse of impervious surface void of trees and New parking should include technology to pedestrian connections creates a diminished visual cleanse and manage stormwater on-site. image and barrier between Main Street and the • Improvements to existing public parking riverfront. lots should include more defined access, pedestrian connections, edge treatments and Parking Ramp on 2nd Street at Commercial landscaping enhancements. Avenue • Create a well-connected network of parking In response to the North Main Street/Lowell Park lots along the riverfront for improved traffic Update Plan of 2004, a structured parking lot was circulation. constructed at 2nd Street and Commercial Avenue. . With the closure of the lift bridge to Three sites that were identified within the 2004 vehicular traffic, reallocate space no longer plan continue to be recognized as potential public needed for turn lanes to sidewalks and/or parking structure locations. The sites include: on-street parking. The City will continue the corner of 2nd and Mulberry Street, 2nd Street to work with MnDOT to define space between Chestnut and Olive, and 2nd Street at allocation for the Main Street right-of- Nelson. way when the roadway is scheduled for reconstruction. Downtown Parking Objectives The Downtown Plan identifies some key objectives for the improvement of parking within the Downtown. These key objectives are: ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-11 Figure 6.7: Public Parking �t r " Public Parking Lots p\oreet PatK (� Lot 12 Downtown Stillwater 2016 ILegend ... ...)City Parking Lot Ou100000000�City Parking Ramp r4 i� ) a Trailhead Parking ' Lot 11 Lot 10 - Permit parking only t C. r ��Private parking only On-street handicapped s � m 15 minute parking limit 30 minute parking limit ,. Loading/unloading Lot r in Bus loading/unloading Bus parking Lot 9 Monthly Permits Lot Lot > Business Permit Valid Lot 3 rFf 8a E DT Resident Permit Valid 14 (allows overnight) of 7 ��tR11t` m 0 Free parking o 0 Pay parking 0 Free after office hours Lot e A Lot 6 5 Lot 1 pay lot -- 98 spaces ,;r} Lot 2(pay lot) -- 84 spaces Lot 3 free lot-3 hr)--33 spaces Lot 4(free lot 4 hr) 29 spaces �z r t_ Lot 5(free lot 4 hr) 7 spaces Lot 15 $ r t _ y Lot 6(free lot 3 hr) 16 spaces Lot 7(free lot 3 hr) -16 spaces M,fde' in Lotr �j aye Lot 8a(private ') -- 51 spaces 4n� Lot 8b(free lot-4 hr)-75 spaces \ .1 Lot 9(free lot-4 hr)--30 spaces Lot 10(free all day; a overnight perm it)-48 spaces f( 9 Y V r Lot (free all day, 7 - spaces overnight by permit) 45spaces Lot 12(part free all day; 1 no overnight here) 8 s a s Gr �� (part permit only; Lot overnight allowed here)-23 spaces 3 Lot 13(free after hrs)-23 spaces m Lot 14(free lot-24 hr)- 8 spaces Lot 15(free lot-4 hr)- 13 spaces Lot 16 Lot 16(free lot-4 hr)-47 spaces 0 Lot '1 f+ Lot 17(free lot-4 hr)-97 spaces X Lot 18(free after hrs)-60 spaces � 01\ �'� t '. Lot 19(free after hrs)-75 spaces 0� Lot 20(f ee lot-24 hr)-22 spaces 7"� Ramp(pay) -- 248 spaces Free public lot after 6 PM x "^ 1,226 ofrstreet parking paces 8 marked otreet spaces 148 unmarked on street spaces 842 total pubic spaces Lot 1,412 Free public spaces(76.7%) �� eddy �................. UUU Lot 17 c 1.711tlfor n Dow.mw.Pank,e commsso� mown,zois Lot 18 r v:�Cttll�`i f � Loi( 20\1\ +tCRt 1'ive5t r j S��C�'tCC'CC61t \ 0 PLAN OF STILLWATER 0 6_12 Chapter 6: Downtown Stillwater Framework Plan Gateways and Viewsheds Gateways The gateways into the Downtown form the first • Reinforce natural features, landmarks, impressions,as well as provide a sense of orientation steeples and significant structures along for visitors (See Figure 6.8.) The primary gateway gateway corridors. corridors into Downtown Stillwater are: • Reinforce E. Olive, W. Myrtle, Mulberry and • North/South gateways on both ends of Main E. Chestnut Streets as primary pedestrian Street. view corridors into the Downtown with • East/West gateways into the Downtown on emphasis placed on creating an appealing Chestnut and Myrtle Streets. viewshed down Chestnut Street to the Historic Lift Bridge. Viewsheds Include wayfinding at gateway locations Views of the riverfront,limestone bluffs,significant that speaks to a variety of transportation buildings, and other landmarks create a cognitive users (pedestrians,bikes, personal vehicles), t th b it i f i well as norms visitors about e variety map of the city and orient people within the as we Downtown. The natural features that define the of experiences within the Downtown area boundaries of the Downtown also create long (commercial,entertainment, recreational, encompassing views that allow you to see the entire etc.). Downtown from one vantage point. The important Connect people directly to the River. view corridors within the Downtown include: • North of Terra Springs looking south on Downtown Focal Points Main Street into Downtown. Focal points orient visitors, contain edges, provide visual stepping stones and reinforce, enhance and • South of the Oasis looking north on Main terminate vistas within Downtown Stillwater. Street into the Downtown. These focal points represent some of the more • East along W. Myrtle, Mulberry and E. memorable architectural and cultural elements in Chestnut Streets from the top of the bluff the Downtown. Primary Focal Points include: into the core Downtown and the riverfront. • Staples Mill • North and south along 2nd, 3rd, and 4th . Historic Lift Bridge Streets from the top of the bluff into the core • Historic County Courthouse and fringe Downtown areas. • Several city bluff stairways The Downtown Plan identifies some key objectives • Several Downtown churches for the improvement of the gateway and view corridors within the Downtown. These key Lowell Park objectives are: • Preserve natural character of bluffs and Downtown Transportation river along north and south gateways to Traffic Conditions Downtown. Enhance these corridors with Existing congestion on the Hwy 95 corridor is caused native landscaping, frame views to the by the Hwy 95 and Chestnut Street intersection due Downtown, improve pedestrian connections to traffic using the lift bridge and it being a high and open views to river. activity area for pedestrians. This congestion is • Shape edge of gateway corridors with magnified when the lift bridge is raised, blocking architecture, landscaping and sign traffic for five minutes at a time and creating ordinances. queues on Hwy 95 and Chestnut Street that further impact other Downtown intersections.There is also an existing restriction to the northbound left-turn movement at Hwy 95 and Chestnut Street. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-13 Figure 6.8: Gateways and Viewsheds A'1-1117111101 //1' /i%ii Gateways awl }„ Im Hn� III?�m 10, Nodes 1 � Ybiu �� j r ' Vista Points / Focal Points , / / " Ter�W ti M// A Views /G,,, /� /ir %Yi� PIONEER View Corridors ER PARK/ / ' Yd / jj /j% VWK Park/Public Open Space /M° /%�: Existing Vegetation Massings !� 1 I Downtown Project Boundary / / r o fElm/ °i / ,r / !%/ SFw MA{II LowEcc %'; --.,PARK %; y �;, 7Kttlrj !%a /, a ooai /�,,, aM�n / r ` OIVO '�;, y�liluµ "W" /i/// %1,! //%///r �;g p) /%Gi �/ � �r �j ��, %, / L ii tri/ TI fai iblrp ,r;r li � /,/i/� r�1 to ✓/ i�� / ,i%//rrrm''AV �, ��liN % yUha a ;,, / / Nps �vwuwlP r/ IJ �� bio� r V S Ga/ / /// / %,a�- " %/ I // / �/ ii w ' %, !� /� of /ilii o grill 11�,�, 441 sl la; �j // Irl /fir! / /li f y u iuVr{p M, / �i T%ED,DY f//%// %. BEAR7, 1 li ,j / %' %//i�l /�'// " ✓ Oji // ///�/ ail '� r �. /, I/ / r / /iii j„r O Io �HANCC,/ INST€E `f / / /, f % r i I/o /'� /�/�� r/l / ' PRIMARY( WAYlNT9 /aom /� j i 01 N TfS N' f i,,/�i NOf i i//i /i //ii,/o i /moi r ri/ 71 / j� /%/// /%%// �%�� l/r �� / a 77 � F /iii / / vnn 00. 'r MID 0 PLAN OF STILLWATER 0 6_14 Chapter 6: Downtown Stillwater Framework Plan Transit Service of sidewalks to support the primary and Downtown Stillwater is served by Metro Transit secondary circulation.Some key objectives for Route 294 that provides weekday express bus pedestrian circulation within the Downtown service during the morning and evening peak include: commuter periods. The route enters Downtown via Pine Street and 3rd Street. It then continues ' Opportunity to enhance primary and to the heart of Downtown on Myrtle and makes a secondary circulation systems with loop using Water Street,Mulberry and Main Street. additional pedestrian amenities and wider sidewalks when feasible The bus route then reverses its route and exists Downtown. Given the limited transit operations Provide a hierarchy of streetscape in Downtown, it should be expected for the treatments that reinforce the historic foreseeable future that a majority of visitors will character throughout Downtown travel to Downtown using a car,requiring the need • Improve secondary pedestrian to provide parking stalls for these vehicles. connections to adjacent neighborhoods with landscaping, lighting, signage Five and Ten Minute Walk Distance and pedestrian crossings One objective of the Downtown plan is to Improve the safety and comfort encourage walking by defining safe, comfortable of pedestrians by creating curb and appealing routes from the neighborhoods, extensions at corners,high-visible peripheral Downtown uses and parking areas crossings and raised pedestrian to Main Street and the river. One-quarter mile crosswalks in the Downtown core, is the approximate distance a person can walk in where feasible five minutes and is generally the distance people will consider walking to amenities, shops, and • Consider improvements at bus stops services. Beyond that distance, a car may become within the Downtown core to improve more appealing. Facilities within the five-minute access to public transportation walking distance of the core Downtown include • Improve all-season handicap retail shops, professional offices and restaurants, accessibility throughout the public open spaces including Lowell Park and Downtown area Teddy Bear Park, and numerous historic sites • Create key pedestrian connections including the Lowell Inn,the Freight House, Water from parking areas along Water Street Street, and the Historic Lift Bridge. The fringe to Lowell Park areas are generally within a ten-minute walk of the . Enhance the pedestrian experience core Downtown. Included within this ten-minute along the water's edge at Lowell Park walking distance are the post office, the city hall, public library, police/fire station, the veteran's Bicycle Circulation memorial, Pioneer Park, and several churches. Currently, 3rd Street is planned to serve as Primary and Secondary Pedestrian Circulation the primary north-south bikeway through the Downtown, with Laurel Street, Myrtle Street, The primary pedestrian circulation occurs within Chestnut Street, and Pine Street providing the core Downtown and along the riverfront. an east west connection. In the future, Secondary pedestrian circulation occurs within the Chestnut Street will play a more important fringe areas of the Downtown. Currently within role in connecting bicyclists to Stillwater, the Downtown there is a nearly complete network as well as through Downtown. With future limited access to vehicles along the Historic ❑ PLAN OF STILLWATER ❑ Chapter 6: Downtown Stillwater Framework Plan 6_15 Figure 6.9: Pedestrian and Bicycle Connections r LEGEND Stairs Proposed Bike Route Proposed Bike Lane / " ffm� ��/��/ aWuomiuu��iUuwowmwuv�miivrw� Existing Trail 1i 'Apul A,, mill rtm9111 Future Trail Primary Ped Circulation Secondary Ped Circulation Bus Route rrrrriirrrrr""..... rrrr ,r Pedestrian Barrier / L � r t Vista Points WIWNIW IW N�IIVWL1tlWWWW'� & ,,,, e PedestrianNehicularConfllct /�//, �" // muuuuuuuuuuuuuuuuuuuuuuuum. / / ,,, j r ,�y,r PIONEER PARK Park/Public Open Space 1 ® Downtown Project /i 1ect Boundar i(% k Y � ! r l16 /dA %` 21 iyl %WW �rrrrrrrrrrrrrrrrrr/ / / / i/ / f! %% i 0 %i /j/1 r ( /!. I"LO W ELL';// PARK ;i//,//l/B�C4tlCr/C rir f l, ////0000000000000%00% j xn % r s /�� 0 //�i r /� .wf 0 // �% j///�/ j .riir mY1'J� ' rviiii M, , �V %i /r a fr r D9i ! t t / nI WOO gpoiii 1' r / rA0� �� / i� dip/ r ri /� �r r� i �' / g A,�% J/ /! Pa �T" rJ o sT � '• �IF %% or ec�� lll w n ( /% // a' r/ aEoov f'1br / /r / "� r r 1, Gl/jii s "�a sEAR i u i.rc hik, /'I'Ph r PARK r /'�ffiitj4/11 ar / / 40 0 it /fir/ a i,a, ' � >, % r rL 7r r Lam" 0 Ad /v�� I� AM, /,//// Ji ri/I Vii.; AI PLAN OF STILLWATER 6.16 Chapter 6: Downtown Stillwater Framework Plan Lift Bridge, Chestnut Street will serve as an east- Parks and Open Space west bikeway connection from across the river to Downtown Stillwater has attractive gathering 3rd Street. On-street facilities, such as painted bike places and spaces for outdoor events. There lanes or sharrows, will enhance these bikeways. are three primary park spaces that cater to a wide variety of resident and visitor activities To complement planned bicycle facilities, and needs. The three park spaces are Lowell strategically placed bicycle parking will play an Park, Teddy Bear Park and Pioneer Park. important role, especially along the waterfront, Additionally, a pocket park has been created and at the edges of the Downtown core. Bicycle at the water's edge south of Dockside Cafe on parking located in these areas will encourage local Nelson Street to provide space for picnicking, and regional bicyclists to park along the edges bicycle parking, and viewing areas along the and transition as a pedestrian through commercial river. areas. Primary recommendations to improve the Future Trail Connections parks and open space system within the There are currently a few trails that travel through Downtown include: the Downtown, such as the Brown's Creek State Trail, in addition to a few segments of city trails. • Create multi—functional open spaces The planned St. Croix Crossing Loop Trail is a 4.7- within the Downtown to attract a mile bicycle and pedestrian trail,which is part of the variety of users and enhance year- St. Croix Crossing Project. This project includes the round attractions rehabilitation of the Historic Lift Bridge to be used Balance special events with day-to-day exclusively as a pedestrian and bicycle facility. The activities in Lowell Park rehabilitated lift bridge to pedestrian and bicycle Define more opportunities for pocket use is scheduled to be open by 2018. parks, green space and outdoor cafes to create street level activity Each proposed trail and/or connection will provide Increase accessibility and visibility to a missing link to create a complete park and trails Lowell Park and to the river system for the Downtown. Other future trail and pedestrian connections include: Expand riverfront open space • Off-street multi-use trail along Sam Bloomer Integrate plans for Bridgeview Park Way through Lowell Park and Aiple Park • Improve wayfinding to the Mulberry Ravine Coordinate and design event spaces Trail and increase public awareness of this with views at Lowell Park trail. Coordinate new open spaces with • Streetscape and open space connections pedestrian and bicycle routes between the riverfront, parking and Main Street • Future riverfront trail connections north and south to adjacent public open spaces ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6_17 Figure 6.10: Downtown Area Parks& Open Space / � MY LEGEND ///�/i/ Stairs �� //�� Proposed Bike Route Proposed Bike Lane � /;>„�I r J r / of iir;, . J � Vista Points MEN �namauyt�,ilu»wmmro �� ExistingTrail 'ulemwr,,,)j mwFuture Trail IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII BluffLine r /iii / J i J J Ride Ogear Floodplain f#� i% Y P / !�� Park/Public Open Space / `%„ rJy Existing Vegetation Ma551ng5 / PIONEER PARK Downtown Project Boundary Avr IV, % /i /; ll / / / ✓, /i/O/// /�/ y ;�2 �” fi f�/ � O ll �AA A��K�, LOWEL f / r //�i/ / oGB y / Ia I, " M , ( //i ` / %� " i� / / ✓ �;° 0� / t, Jou r fj r,9� of � / /� fj r / r i /i i //% %// %, t ✓ / // /%AM. i%/f / I,offj�� / Dir JIVIiii ,ir i/ / r i/�/%// D j r ' / AMC IF " i/i BEoo"v �� sena � �NJ In / Mu Il �/ 19 gi/ % r / l/ /d/1" b r ///pig „t'., �' ri r / J oo / � I'/ Ar /a //�/ //. dM / r/; qJ %�r r /m," ///// �' 0 MI PLAN OF STILLWATER 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6_18 Chapter 6: Downtown Stillwater Framework Plan Downtown Stillwater Value Statements that is complementary to its historic character is facilitated. In this way, Downtown continually The Downtown Plan update process started with evolves to meet current community needs and the development of value statements that expressed therefore is actively "making history'. what community members felt was the essence of Downtown Stillwater and what existing and future It's All Right Here characteristics should be preserved or strived for as Downtown is a place where people can live, work, Downtown continues to transition and respond to shop, and recreate in a historic and hip riverfront market and environmental conditions. atmosphere. With a diverse range of uses, a A Riverfront Destination welcoming and engaging atmosphere, and unique activities and events oriented to a range of ages and Downtown is a premier national riverfront cultures, Downtown businesses successfully attract destination that attracts and welcomes both city residents and tourism year round without residents and visitors. The St. Croix River and overwhelming Downtown resources. river valley are central to Stillwater's sense of place and well-being. Public riverfront property allows Where Everyone Knows Your Name people to physically, visually, and spiritually Stillwater is a community where everyone's voice experience the river. is important. Residents actively participate and Outdoor Recreation Gateway are engaged in shaping the future of Stillwater and fostering a strong sense of community. Stillwater is Downtown is the recreation gateway to the St.Croix a place where you know and care for your neighbor, River Valley that attracts and supports outdoor which in turn,provides a safe environment. recreation enthusiasts,who come to enjoy spending time in the river valley whether it is boating on the Pedestrians First river, biking in the valley, walking or skating next While pedestrians, bicycles, transit, and cars are to the river, or enjoying views of the scenic river desired and accommodated in Downtown, it is an and river activities. Outdoor recreation is a year environment where residents and visitors primarily round activity in Downtown. walk to reach Downtown destinations. Paths and Lively Arts and Culture Center places are safe and comfortable in day or evening The arts are valued by the community. Downtown and are accessible by all. plays a significant role in the regional arts and Appearances a er culture scene. Both residents and visitors have Keep Downtown beautiful. Present a cohesive, abundant opportunities to engage with the arts, welcoming streetscape with well-maintained whether independently viewing a temporary storefronts and sidewalks in all seasons. Be attentive or permanent artwork in the public landscape, to the aesthetics of new Downtown features. New participating in an arts activity, or attending a development complements Downtown's historic theater or music performance. character, existing building massing, scale, and Historic and Hip materiality. While Downtown, Minnesota's birthplace, has a Easy Access and Orientation charming historic atmosphere, it remains vital and Travel to, from, and in the midst of Downtown is relevant. The historic significance of Downtown is well-articulated and convenient for pedestrians, interpreted and made available for people to learn bicycles and vehicles. Orientation to Downtown about and enjoy. While preserving Downtown's destinations, businesses, and parking is easy to historic resources is paramount, Downtown is not understand. Access to Downtown is safe and frozen in time. Sensitive adaptive reuse of historic universal in all seasons. buildings and landscapes and redevelopment PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6_19 Stillwater for the Next Generation • Define areas for pedestrian corridors from The St. Croix Wild and Scenic River is protected parking lots to the Downtown core and enhanced for future generations. Future • Define north-south corridors for pedestrians development and Downtown activities are along the east and west sides of Lowell Park supportive of the river's natural beauty and respect • Improve pedestrian and bicycle connections the limited resource of the Downtown's built along the river north and south of Lowell and natural environment. Sustainable initiatives Park support environmental health in Downtown. . Enhance riverfront open space with Downtown Vision elements that reflect the historic nature of Lowell Park The Downtown vision is intended to guide • Create separated bicycle and pedestrian public and private development in the Downtown facilities where feasible Stillwater. It is also intended to identify . Reinforce pedestrian connections with improvements to the public realm that would streetscape treatments, such as a pedestrian reinforce, enable and encourage well planned plaza at Chestnut Street(see Figure 6.12 for growth. The Downtown vision helps guide future Chestnut Street Pedestrian Plaza Concept development. The vision also weaves together Design) the relevant components of numerous previous studies and planned future conditions into a single • Reinforce pedestrian safety with facilities such as curb extensions, raised pedestrian integrated document. crossings, pavement and surface treatments, The Downtown vision, illustrated in Figure 6.11, and protected walkways is shaped by the numerous opportunities that • Along Main Street, improve pedestrian emerged from the analysis of existing conditions, safety by providing leading pedestrian walk as well as findings from previous planning studies. signals and countown turners at signals • Create a north-south bicycle connection The primary opportunities for redevelopment and through Downtown at the riverfront, public investment identified through past studies preferably along Sam Bloomer Way and meetings with city staff,public workshops,and the Downtown Plan Advisory Committee include: Focus streetscape treatments within a 10-minute walk distance of core Downtown and adjacent Reinforce connections between the riverfront, neighborhood Lowell Park, Main Street and neighborhoods Many of the streets within a block of Main Street The riverfront, parks, trails, stairways, and have very narrow rights-of-way and are utilized streetscapes create a network of connections very efficiently. However, many of the secondary and amenities which will continue to attract streets adjacent the core have wider underutilized and retain residents and businesses, balance rights-of-way. A hierarchy of streetscape treatments pedestrian and vehicular needs, and provide the is recommended to emphasize and respond to the necessary connections to create an integrated different Downtown districts, role and function of circulation system within the Downtown. The each street within the Downtown. current circulation system provides opportunities to strengthen and enhance open spaces and connections. Some of the potential enhancements to the current circulation system include: PLAN OF STILLWATER 6_20 Chapter 6: Downtown Stillwater Framework Plan Preserve natural character of bluffs and river Facilitate redevelopment along north and south gateways to Downtown Nine potential redevelopment sites are identified Improve surface parking lot circulation an for Downtown (Table 6.1). Redevelopment sites connectivity located on private parcels are envisioned to be market driven opportunities. The City would Currently, traffic entering and exiting parking lots take a lead role in initiating redevelopment on along Water Street create a barrier for pedestrian City-owned property. Potential uses for each site connections to the riverfront and Lowell Park, as described below, with an understanding that as well as add to vehicular congestion along the market conditions will influence ultimate uses for riverfront. Limiting traffic to one-way circulation these sites should they redevelop. and encouraging vehicles to exit and enter the parking area at specified access points will increase Improve alleys adjacent to businesses along the efficiency of these parking areas. Main Street Alley improvements will better connect pedestrians e® se o spaces i upper Dors from the interior of blocks along Main Street to A number of buildings along Main Street have east-west Downtown connections along Chestnut upper floors with potential for adaptive re-use Street and Olive Street. These improvements will as residential units. This will improve conditions create a more friendly and inviting environment along the street frontage, contribute to improved for pedestrians to access businesses. These accessibility and promote street-level activity improvements can include aesthetic upgrades, throughout the day. Table 6.1: Potential Redevelopment Sites 7 1 Teddy Bear Park High density residential with ground level retail oriented towards Block 2nd Street and structured parking 2 Armory Reuse with ground level retail or services oriented towards 2nd Street and structured parking 3 3rd Street and Myrtle Ground level retail or services with upper level residential Street Infill 4 Mulberry Street and Mixed use: hotel, retail, or services with structured parking 2nd Street 5 Gas Station Ground level retail with upper level office 6 City Parking Lot#1 Structured parking 7 Water Street Inn Restaurant Addition 8 Main Street and Ground level retail with upper level office or residential Mulberry Street Infill Main/ Mixed use: hotel, retail, service, or residential with structured 9 Commercial/2nd/ Mulberry Block parking PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6_21 This page intentionally left blank. PLAN OF STILLWATER 6_22 Chapter 6: Downtown Stillwater Framework Plan N, L.I.J IIID % L A h To , 0 lop 1 ""ik 10 �15 V11 Q'I 1A JK IV, jai' M, m MY, T 844�, A J1, 41 A lw F % Arw a We m o iE, 1p, L "'mm 4A, "a ww"l Its n r Ff 6 A ON fjja lw' ow j ,0 ve" 1j ) N"fl, W 30)", M.I'll 0 1 111111111111"J", Oy, , , , t j i�r 44 3k 4� R j tv" 1p"k 'N 5 i9r p9l"N", ",,g .. ....... . . .......... p/ E's NI. T A 4 1 I�MY fad4 qoo� '7 Ow""T Z] & LiAb"! ly ON E7 0 IN < ................... d" 0% zo, < —147mmwm7�7777 7m mm, LJ I a E=ry o= a= H ''_N improved lighting,and consolidated trash locations of 2nd Street and Mulberry Street, 2nd Street and pick-up schedules. between Chestnut and Olive Streets, 2nd Street at Nelson Street, and the existing city parking lot east Create a Shared Street along Water Street of Main Avenue and south of Nelson Street. Water Street has a unique character within the ' Before the construction of structured Downtown Stillwater area, as businesses have parking at any of the locations occurs, additional feasibility analysis and public created secondary access points, orienting parking input would occur. and pedestrian entries to the river and Lowell Park. Service and deliveries occur at these access points • The order in which these potential sites are as well. Pedestrians and vehicles currently share listed does not imply a proposed order of the space on an informal basis. Should Chestnut implementation. street be converted to a pedestrian plaza, Water • Construction of structure parking at several Street will still cross the plaza, creating a "shared of these sites may occur concurrent with site intersection." Formally designating Water Street as redevelopment activities. a shared street formalizes current activities and sets • Any new structured parking in Downtown the expectation of how pedestrians and vehicles will will complement the architectural fabric of interact in the Chestnut/Water shared intersection. the Downtown historical setting. Enhance Downtown Circulation Improve 2nd Street as a residential and service Figure 6.12 on the following page demonstrates a corridor conceptual design of streetscape improvements Improvements along 2nd Street should focus on along Main Street, Water Street, and the east-west street-level service uses. This will allow for more Streets connecting Main Street to Lowell Park, as concentrated retail uses along Main Street. 2nd well as enhanced park amenities. This conceptual Street also has opportunities for creating additional design demonstrates the spatial feasibility of the areas for housing above the ground level with high goals and objectives described throughout this density housing (apartments or condos). chapter: • Construct bicycle thru-route linking Transition parking lot along Lowell Park to a Brown's Creek State Trail through Lowell destination park Park There has been interest voiced to create a year-round • Close Sam Bloomer Way to automobile draw to the waterfront, as well as year-round draw traffic, creating a Riverfront Promenade to the Downtown area from the community and • Create a north-south pedestrian way beyond.An opportunity exists to target the parking between parking lots along the St. Croix lot areas between Mulberry Street and Commercial River to facilitate pedestrian connections Plaza for re-development as a destination park, from parking to both the waterfront and to which could host a playground, pavillion, winter Downtown commercial areas skating loop, or staging for various public events. . Reconfigure vehicle circulation through parking lots adjacent to Lowell Park to focus Provide Additional Structured Parking vehicle traffic at specific east-west streets, Four locations have been identified for potential such as Myrtle Street future structured parking. Three of these locations have been brought forward from the previous comprehensive plan. The sites include: the corner PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-25 • Create a pedestrian plaza and concourse plaza at Chestnut Street with limited General streetscape design recommendations have vehicular access to faciliate pedestrian- been identified for Downtown, and include the oriented open spaces and expand upon following: event space connecting Main Street to • Gateways Lowell Park and the riverfront • View Corridors • Enhance pedestrian walkways along all streets (Nelson Street, Chestnut Street, Specific streetscape design recommendations have Myrtle Street, Commercial Street, and been identified for the following: Mulberry Street)between Main Street and Lowell Park Lowell &4th Street Institutional Corridors • Integrate curb extensions at intersections • 2nd Street Residential and Service Corridor along Main Street to enhance the pedestrian • Main Street Streetscape experience and promote street-level activity • Water Street Shared Use Corridor • Remove merchandise, advertising signage, • East-West Link Streets and non-authorized seating from narrow * Chestnut Street Plaza sidewalks to enhance pedestrian movement Commercial Street and Plaza and comfort • Identify redevelopment opportunity sites • Activated Alley Improvements to further augment commercial uses in the • Secondary Activity Streets Downtown core • Locate specific bicycle parking at areas of rest, viewing areas, and encouraging transition to pedestrian activity towards Main Street Streetscape Design A variety of streetscape treatments are recommended to emphasize and respond to the different Downtown districts and to the specific role and function of each street within the Downtown. Many of the streets within a block of Main Street have very narrow rights-of-way and are utilized very efficiently. However,several secondary streets adjacent the core have wider underutilized rights- of-way. This presents an opportunity to use the area more efficiently and create more "complete' streets that balance the need to provide vehicular capacity and parking with pedestrian and bicyclist safety and comfort. Travel to, from, and through Downtown should be well-articulated and convenient for bicycles, pedestrians, and vehicles. Orientation to Downtown destinations,businesses, and parking should be easy to understand, and access to Downtown Stillwater should be affordable, safe, and universal in all seasons. PLAN OF STILLWATER 6-26 Chapter 6: Downtown Stillwater Framework Plan A n Q'r1a rm rvuw^ r / �� / ;aaa ❑o N " e of / iN461P! mw, 1ph46050"RI, j / it ✓%l( '} u © N p / o. ✓0 / //�� I/Ev 1 ,o /� gg lin!; //�� , /� fir /f r % /O r� / / a II/ i /i;�� b` / /i,ai /�/ 5/ /✓� /iii�/1// %// %% / / °%° / pi r V11 (NON I a j / IIIi�i 9d l�Ir/� ��!�olyd/,'' // ^ , r \//'0'��f�� f o / ;j z % I nnerrO/ i, r d/ w✓°j Z-; / d; / r r/ ra da / o %% o/a.... o , J/.r�i falls i 11/ rrn r� r r/�� / ,r zi F/a/o% Is aY e - c lr /iul r>� // Vali ss �r00 ltl� //rr far 'l / ✓ O,'N// �K l ��Jll1 r!®rO./rte ��idddfnnw�^( O�� //�/��r/�� w .,�a^�N '/��UI� I�I �/ii/✓�i/11%�;C i�rrrr�u� � r I�/�/// /�� f,, r. I llUJ'YItl I�lIXfi l/.lJl F(W✓^ er .0 — r-, la ! (,, is�r �_°��¢�� /�/ (C �li✓)I w �.; / ,rrrrrnlr"" / ,wrnfry�r�� ,%',. - z.�� z� /1�y�j�/4�^(n�� I! s'/ urs 1rr I'4"j 51mRR Y%a°� j 'n/r m z %z///// / ;l l r illlliiUlVilf, pIIIIIIIIIIIIIIVI S. U.� 1�. S Zwo f w+ .a �/ / '�rll>I N %�//%%%O%��j,s ,✓i�w� Iz ri��l„/ � "l a E=ry o= a= ZI H _cc ''_N Gateways: Preserving the Essence of Stillwater Chestnut Street at the Historic Lift Bridge The streets classified as gateways are the approach With the renovation of the Historic Lift routes and gateways to the Downtown core for Bridge, and conversion to a pedestrian and local and regional traffic. These street segments bicycle entryway Downtown Stillwater, should signal to motorists they are entering a there is opportunity to create a gateway Downtown district and streetscape elements should that will introduce visitors to Stillwater be used to encourage slower speeds and reduce at an appropriate scale for these users. the perceived scale of the street. Treatments may Interpretive signage, pedestrian-scaled include boulevard trees, distinctive lighting, entry lighting, and landscaping will help direct monuments, and directional signing. Gateways visitors and residents to bike racks, include: businesses,benches, and points of interest at Lowell Park. • Trunk Highway 95 north and south of Downtown The limestone bluffs, woodlands and views to the St. Croix River valley shape the a 4 character of the gateways in these segments and should be preserved. • Myrtle Street west of 3rd Street The most dramatic view of Stillwater's natural setting is from the top of the bluff ; as you approach Downtown on Myrtle Street. The street corridor, shaped by trees, buildings and limestone walls, directs your view to the gazebo,river and bluffs beyond. Future infill development should reinforce the view corridor through building placement, architecture, materials and streetscape treatments. The Comprehensive Plan also proposes a city bike path be included within the Myrtle Street corridor. r c ieuIlk, } PLAN OF STILLWATER Chapter 6: Downtown Stillwater Framework Plan 6-29 3rd &4th Street Institutional Corridors Currently, a number of institutional destinations are located along 3rd and 4th Streets in Downtown Stillwater. These streets could be designed to better facilitate pedestrian and bicycle connections through narrowing of lanes,widening of sidewalks or boulevards, creation of intersection curb extensions, and incorporating street trees and decorative lights that complement the surrounding civic uses. 3rd Street is planned to become a designated bike route. pry u 01K, �✓ �wY�„ Al r ` ��J �� Y IIS I � �I y J � , X I y X r „A" fe 1N III 1` it � � VVVVVVVVVVVV Figure 6.13: Proposed Street Treatment for 4th Street Ubfaiy City Hall hdat,rII Lt t Str(Lt LInMurta 01Totgs � l SidrwalkburnpouU _ / / __. . dura arraue crosswalks � r b i Bnauk�vard v,uth trete E 4g is I � I ;a P a� v I Infill Geytllopmen IReinipace Institutional District Shape gateways on Myr¢le Sta t Breeze set4Rd on 41h 5treat "s i IT i I Y � - 0 PLAN OF STILLWATER 0 6-30 Chapter 6: Downtown Stillwater Framework Plan 2nd Street Residential and Service Corridor and pedestrian and vehicular activity. The right- 2nd Street is envisioned to serve as a residential of-way is constrained and packed full of competing and service corridor, supporting the commercial interests. Fortunately the street wall, shaped by uses along Main Street. Streetscape improvements the continuous building frontage, creates a classic along 2nd Street should enhance the residential enclosed "main street" scale and character. The and service uses with pedestrian facilities, such as street wall begins to break down north of Myrtle widenened sidewalks,intersection curb extensions, Street with the inclusion of more conventional improved crossings, and incorporating street trees suburban site design and architecture. and pedestrian-scaled lighting. With the completion of the St. Croix River crossing Main Street Streetscape bridge, the likelihood of decreased traffic counts provides an opportunity to improve the geometry of Currently, the segment of Main Street between Main Street to apedestrian-scaled corridor. Bump- Commercial Avenue and Nelson Street is the most outs or curb extensions, protected parking bays or concentrated zone of commercial uses, buildings Figure 6.14: Proposed and Existing Main Street at Mulberry Street J ' �x1;fN1!J✓ ON Figure 6.15: Precedent example of streetscape design for Main Street i 0 PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6_31 widened sidewalks, decorative paving, pedestrian- and creation of outdoor spaces, similar to what has scaled lighting, street trees, public artworks, and currently been done between Nelson and Chestnut the addition of benches and seating areas will and around the Chestnut intersection, should be strengthen this corridor for pedestrian use and extended north to the Mrytle Street to improve street promote street-level commercial opportunities. activation, aesthetics, and user comfort. During flooding events when the multi-use riverfront trail Water Street Shared Use Street may be temporarily closed , Water Street could Water Street present a unique streetscape condition provide a logical alternative bicycle route through in Downtown Stillwater as it provides access to Downtown. commercial buildings, parking, service, deliveries, along with vehicular, bicycle and pedestrian East-West Link Streets: Linking Downtown to the circulation. Currently all of these uses are sharing Riverfront the space on an informal basis. Should Chestnut East-West Link Streets are within the core retail, street be converted to a pedestrian plaza, Water business and cultural heart of the city and serve Street will still cross the plaza, creating a raised as primary commercial frontage, vehicular and "shared intersection." Formally designating Water pedestrian linkages between 2nd or 3rd Street, and Street as a shared street formalizes current activities the river. East-West Link Streets include Nelson, and sets the expectation of how pedestrians and Chestnut, Myrtle, Commercial, and Mulberry vehicles will interact in the Chestnut/Water shared intersection. Back of building fagade improvements Figure 6.16: Precedent examples of Shared Use Streets 9 r i i i 0 PLAN OF STILLWATER 0 6-32 Chapter 6: Downtown Stillwater Framework Plan Streets. These streets will receive streetscape Commercial Streets, that will improve connections treatments which may include sidewalk bumpouts to the waterfront by: with street trees where possible, pedestrian-scaled Improving pedestrian comfort and safety ornamental light fixtures, decorative paving, by providing sidewalk bumpouts to define benches,parking lot buffers,planting areas,kiosks, traffic lanes, shorten crosswalks and banners, public art, and a coordinated signing provide space for trees and other landscape system. materials. The right-of-way for many of these streets is Provide space for directional signing, narrow and presents some spatial challenges for ornamental lights, kiosks, public art and an including streetscape treatments. The geometric interpretive wayfinding system. requirements for each street will need to be Improve the view corridors by buffering evaluated to determine what is possible. parking areas and defining the street edge. The following examples illustrate potential These proposed improvements are not anticipated streetscape treatments to Nelson, Myrtle, and to restrict the current traffic flow. Figure 6.17: Existing Myrtle Street / �-�.— yu? It °' Iy , YIGI%/!l/1111111� � ummr ,,,• %,,�,,,,/� � � d %i/r p//l/% Figure 6.18: Potential Myrtle Street J J 1 J J 1 J 1 1 1 1 / l / / / f / i f f f f f 1 / / / M 0 PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6-33 Figure 6.19: Existing Commercial Street r a iio �... " km P � , h , a l i y 1 r sir @��, elf✓'", 7 Jif r i a Figure 6.20: Potential Commercial Street N �umiNioumu ,1G�/� , o " r �P 9�n 11 2 � i 0 PLAN OF STILLWATER 0 6_34 Chapter 6: Downtown Stillwater Framework Plan Figure 6.21: Existing Nelson Street W� J//ilii / /i ✓,; � u�i /i Figure 6.22: Potential Nelson Street u , T Chestnut Street and Plaza As part of the St. Croix River Crossing project The City may want to consider prototyping the the Minnesota Department of Transportation Chestnut Plaza. Prototyping is essentially mocking (MnDOT) will be converting the existing historic up the intended design with less expensive materials lift bridge into a vehicle free pedestrian and bicycle as a way to test the concept. It allows the City and connection. Chestnut Street east of Main Street is residents to more fully understand how the plaza envisioned to be converted into a pedestrian plaza will operate and to make adjustments to the design with slow vehicular crossings at Water Street. and planned operations prior to construction. (Figures 6.23 and 6.24) Commercial Street and Plaza Streetscape amenities at this plaza may include Commercial Street is the primary link between interpretive and directional signage for wayfinding the public parking ramp at 2nd Street and the at the pedestrian scale,raised intersections at Water riverfront. Currently, a public facility, including Street, decorative paving along the plaza, bollards restrooms, water fountains, bike racks, pedestrian- located at Main Street and vehicular crossings, scaled lighting fronts a pedestrian way link between pedestiran-scaled lighting,benches,water features, Main Street to Water Street and to Lowell Park. outdoor dining, space for programing, decorative planters and street trees. Building facades facing A few properties on the block bounded by 2nd the pedestrian plaza should provide a friendly Street, Commercial Street, Main Street and backdrop for the plaza, and service areas for Mulberry Street have been identified as potential these buildings should be located away from the redevelopment sites. As these sites change in the pedestrian plaza. future,it will be important to maintain and enhance PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-35 Figure 6.23: Conceptual Design: Chestnut Street Pedestrian Plaza /, r,,��/ � w � IP' G . `4I bJ 'A^ Directory Directory rt YNI P ' q'esid r G Xv �`;Fa1 sign K signal' At-grade , At-grade PlanterKid play Planter „ Kid play sculpture ,;,. ,u �inn• ��-� i '. SCU1ptUYe n r Moveable Moveable seating �/ seating ( �, �'a�d"�" � ,✓.tmc,.�':'/...`.�'. ,✓ M,Sr t'+/% o. 'w z S'*� /✓,✓J...;�.,!✓r—ter. r Designated ��a>r y r bike path (closed during select v ,1 programmed i " functions) ji I roi/�c r � e _.. I 71 Ar t I r Interactive fountain ' I r few ) m r ir..IT. Conceptual Design: Chestnut Street Pedestrian Plaza Conceptual Design: Chestnut Street Pedestrian Plaza (with designated bike lane alternative) 0 PLAN OF STILLWATER 0 6-36 Chapter 6: Downtown Stillwater Framework Plan r 010, 0' IBJ' q n� I n � r n r / � or a' ZI r� r r a / r / / µ � � I 1 r N b� rJ �� ,� y�� r rl! ', I Ilk�rJ m�� inril0/li✓��.`.� � a E=ry o= a= H _cc Figure 6.25: Precedent Example of future crossing at Chestnut Street Plaza and Water Street s rr�; the pedestrian connection from the public parking • Screen dumpsters with landscaping or ramp to the riverfront. Streetscape treatments for screening Commercial Street may include: • Consolidate trash locations and pick-up • Curb extensions and street trees where schedules possible • Provide pedestrian-scaled lighting along the • Highlighted crosswalks alleyway • Pedestrian scaled ornamental light fixtures, • Decorative Paving • Decorative paving • Benches SecondaryActivityStreets: Linking Neighborhoods to Downtown • Wayfinding elements This category includes all other local streets beyond Activated Alley Improvements the primary activity streets within a 10 minute walk of Downtown. These streets serve the fringe Union Alley is located between Main Street and of Downtown and provide linkages between the 2nd Street between Myrtle Street to Nelson Alley. neighborhoods, parking lots, and the commercial Nelson Alley is accessed from Main Street or 2nd core. Treatment of these streets will have to be Street. These alleys provide service functions for analyzed on a street by street basis and may the businesses along Main Street,as well as provide include narrowing lanes, widening sidewalks and secondary frontage for a few businesses. Vehicles boulevards, storm water infiltration, incorporating are limited to northbound one-way traffic along street trees and decorative lights, as well as, Union Alley between Olive and Myrtle Streets. highlighting crosswalks, and accommodating Nelson Alley allows two-way traffic, but limits bicycles. parking to the north side of the street. To improve the pedestrian experience and to provide further opportunities for businesses to utilize the alleyways for customer access, a number of improvements are recommended: PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-39 Goals and Policies Objectives Downtown goals, objectives, and policies have • Keep Downtown Stillwater beautiful. been broken into the following categories Present a cohesive, welcoming streetscape • Land use and Downtown urban design with well-maintained storefronts and Transportation sidewalks in all seasons. • • New development should complement • Parks, trails and riverfront Downtown Stillwater's historic character, • Local economy and tourism existing building massing, scale, and • Historic preservation and sustainability materiality. • Encourage architecture and urban design Land Use and Downtown Urban Design which recalls late 19th Century commercial design, is refined and subdued, introduces Downtown Stillwater has a unique combination more color consistent with the Victorian Era, of historic architecture, a traditional commercial and helps create an environment which is district and authentic Victorian homes nestled pleasing and interesting to pedestrians. within a stunning river valley, which combine to create a compelling tourist destination and source Reinforce pedestrian connections with a of pride for the city and the state. The intent of hierarchy of streetscape treatments. Focus the Downtown Plan is to preserve and enhance streetscape treatments within a 10 minute walk distance of core Downtown and the components of land use, urban design and overall character that define Stillwater so that "the adjacent neighborhoods.-to provide safe, Birthplace of Minnesota," continues to be a special comfortable and accessible paths for day and night uses, as well as for all seasons. place to live, to work, and to visit. Goals Policies Goal 1: Develop a land use plan that fosters Policy 1: Maximize the waterfront as a community economic growth and evolution by reinforcing and regional amenity. the "rivertown" image of Downtown Stillwater Policy 2: Preserve and reinforce views to natural as a premier national riverfront destination that features, landmarks, steeples, and other significant attracts and welcomes both residents and visitors. elements. Sensitively develop prime Downtown property using a compact mixture of commercial, office, Policy 3: Continue to refine and administer design residential, recreational, and institutional uses, guidelines so that the integrity of the existing while responding-to varying market conditions. and surrounding buildings is maintained and new development is of a height, size, and design Goal 2: Encourage a viable and compatible mix of compatible with the best examples of existing community and visitor-serving activities that builds development.The guidelines should also encourage on the assets of Downtown as a desirable place to rehabilitation of existing buildings to the original live, work, shop, recreate and visit consistent with style or design. the capacity of public services and facilities and the natural resources. Promote a diverse range of Policy 4: Reduce the visual impact of overhead uses, a welcoming and engaging atmosphere, and telephone and electricity lines. unique activities and events oriented to a range of Policy 5: Preserve the limestone retaining walls ages and cultures. located throughout Downtown. Require new retaining walls fronting public areas to be limestone PLAN OF STILLWATER 6_40 Chapter 6: Downtown Stillwater Framework Plan or a material consistent with historical retaining to allow for a compact mixture of uses to foster a walls and similar to existing stone used throughout viable Downtown. The city also adopted height Downtown. limitations for the Downtown area to preserve views to the river corridor(See Figures 6.26&6.27.) Policy 6: Continue to reinforce the unique character The Land Use Chapter of the 2030 Comprehensive of the Downtown district through appropriate land Plan designates the Downtown area as "Mixed uses, architecture, and site design. Use', which more accurately reflects the mix of Land Use and Zoning uses Downtown and is more flexible than the CBD Zoning designation The 2005 Zoning Ordinance designates the majority of Downtown as the Central Business District(CBD) Zoning District and the Institutional area along 4th street was designated as Public Administration. The CBD Zone is flexible enough Figure 6.26: Downtown Massing Potential i a , ae PLAN OF STILLWATER Chapter 6: Downtown Stillwater Framework Plan 6_41 Figure 6.27: Downtown Height Districts � �I r' r �� rl ,� �� 1 // I ✓ � `�✓rl�l�i�� /� ��I",ll ��'"1„Y 1i � woi�� a �'i''/,�f �r' �yI yip 1 I Y�I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ' r( '� � � �,� / IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 � ✓ w �p �Ir;,,��... o,G' sawwu as ;,,,,,,..,' ,rt Y�f„�/%j, , r 0 PLAN OF STILLWATER 0 6_42 Chapter 6: Downtown Stillwater Framework Plan Downtown Districts The Downtown Plan defines six Downtown districts, each possessing its own unique character created by the mix of land uses, architecture and open spaces (See Figure 6.28.) Downtown Mixed Residential District The Downtown Mixed Residential District helps 110 shape the gateway into the core Downtown from the north. The district has numerous buildings on RPt ' the national register of historic places, including the Washington County History Museum and the ry� Staples Saw Mill. The district includes most of the multi-family redevelopment that has occurred within the Downtown as well as office space. t« � ��I� r ��i1 � � � s North Hill Residential District The North Hill Residential District is characterized by the historic single family homes and stone walls that line the residential streets. Mixed into the fabric of the historic homes are some larger multi- family residential buildings and multi-family � conversions. The historic Lowell Inn is located in �� iul�WiNNDUIuwt the district along Myrtle Street. From this district �� r ,�. �1- long prominent views exist of the core Downtown area and the St. Croix River Valley. �,r' a/ R ✓' � ?rx�d1 Public/Institutional District This district is home to many of the civic buildings in the community including city hall,the Stillwater public library,the fire/police station the post office the city water works and other public offices. Some existing single family housing, public parking lots and two significant church facilities also give form to the district. I. PLAN OF STILLWATER Chapter 6: Downtown Stillwater Framework Plan 6_43 Figure 6.28: Downtown Districts i�il ip i y r i / uiuliuuduiuiuiilillililiiiiii�ii III VIII III II III �� / " i j � 'a- � �f/�% uuuuuuuuum uuuuuu uum m uum m u u i uuuuuumllillillll �� f /�// ��/VVVVVVVVVV VVVVVV VVV V r �, �w at' �i ii /. � �'�r��o rwr f�i✓//oai/lGf f Y7 r>s r�� " y,• � /ri I /� � r�/r6F r/Hfdr�� o !llY a� / r f � ?, � i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r i � a A��r�r as Www r � „r ,� oi�� av�ll�i , r r o uuu ' �uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuululll �� .�'�' a�VV�/r��V7r�w�Vr�,' r�i��n�„r✓ r ��ry f r,�;p�yiw�.phn�r�man�tirny*�� rm>ry"' i� � ��w .`°' V,��/rr%. �'HV.:��limllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIIIIIIIIIIIII , vvv vvvvvvvvv •• r I f p 1I� l �i awl r � u r,�'l6� � a.:��,�,1Jaa� R�,"�%�, ��vi� �f ",,,�I��NI, r ylb'�%,,,., �V: 1�� ,�lrre ��b��"i�I✓!�„a PLAN OF STILLWATER 6_44 Chapter 6: Downtown Stillwater Framework Plan The Downtown Plan recommends preserving and reinforcing this evolving institutional district through complementary land uses, architecture and streetscape treatments. Trinity Lutheran Church owns several parcels at the intersection of Myrtle and 4th Street. Figure 6.29 illustrates how future expansion of the church facilities or other infill uses could reinforce the institutional district through complementary architecture and site planning. The buildings should be placed close to the street to both reinforce the view corridor along Myrtle Street as well as, shape the 4th Street corridor. Parking is provided behind and or to the side of the buildings. Figure 6.29: Institutional District r r a r 0 PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6_45 Historic Commercial District ' The historic commercial district is the heart of Downtown Stillwater and is the location of most'` ^^�°' small retail and service businesses. This district is also the location of many of the notable historic commercial structures and entertainment related businesses. The proposed Chestnut Street Plaza will serves as an important east-west connection in this district,as it will provide a direct link to the Riverfront District and Historic Lift Bridge. With the opening of the new St. Croix Crossing, Highway 95 will be able 1 to function once again as a traditional Main Street. South Hill Residential/Institutional District The South Hill Residential district is located between W Myrtle Street and E Pine Street adjacent to the M 5 5�! Historic Commercial District. Included within the district are retail businesses,single and multifamily housing, Cub Foods Corporate Headquarters, Teddy Bear Park and numerous public parking lots. From this district long prominent views of the core Downtown area and the St. Croix River Valley � can be found. Riverfront District The riverfront district contains historic Lowell Park, the most prominent public green space in the City of Stillwater. Most of the western edge of the MI district is defined by public and private parking lots ` that serve the riverfront and Downtown businesses. r Also located in the district are notable structures that recall the history of logging and saw mills along the river,including the Freight House, Water Street Inn and the Historic Lift Bridge. In addition, the Stillwater Depot and the Stillwater Marina �� ., give definition to the northern end of this district. Today, this district is also host to the crossroads of local and regional trails. 0 PLAN OF STILLWATER 0 6.46 Chapter 6: Downtown Stillwater Framework Plan Downtown Land Use and Urban Design Goals Implementation Goal 1: While pedestrians, bicycles, transit, and To implement the Land Use and Downtown Urban cars are desired and accommodated in Downtown, Design section of the Downtown Plan, the city will it is an environment where residents and visitors consider: primarily walk to reach Downtown destinations. • Build on Stillwater's unique aspects by creating a marketing strategy based on the Goal 2: Develop and locate new roads sensitive historic and Rivertown characteristics of the to historic structures and sites, as well as natural Downtown. features. • Enhance aesthetics of corridors leading into Goal 3: Travel to, from, and in the midst of the Downtown along Myrtle, Commercial, Downtown is well-articulated and convenient for Chestnut, 2nd Street, 3rd Street and Main pedestrians,bicycles and vehicles. streets. This could include adoption of guidelines or ordinances that would shape Goal 4: Orientation to Downtown destinations, the edge of the corridors with buildings, businesses, and parking is easy to understand. landscaping and appropriate signage. • Create architectural focal points at the Goal 5: Access to Downtown is safe and universal river, such as arbors, sculpture, or gazebos in all seasons. at terminal points of Mulberry, Myrtle, Chestnut, and Nelson Streets. Goal 6: Present a cohesive, welcoming streetscape • Incorporate an interpretive system to with well-maintained storefronts and sidewalks in celebrate the historical and natural resources all seasons. of the Downtown including the river, the bluffs,east bank of the river, the ecology, Objectives and geologic history of the river corridor. Connect this interpretive system to the trail Reduce through traffic impact in residential system. areas by means of road design and traffic management. • Use landscaping to blend the Downtown into the natural attraction of the St. Croix Enhance the function, safety and appearance of Stillwater's streets,highways and major River Valley, to improve the enjoyment of the Riverfront, and to soften features such entryways into the city. as parking lots and service areas which may • Utilize pervious and other green be inconsistent with the desired Downtown technologies for stormwater treatment image. associated with parking lot and street improvements where possible and Transportation economically feasible. The quality, function and scale of the streets have a • Use topography and other site planning great deal to do with shaping the small city character methods to minimize the visual presence of of Downtown Stillwater. The Transportation parking lots. Chapter of the 2040 Comprehensive Plan provides . Maintain existing public stairways additional guidance on an integrated system of throughout the community, particularly in roads,bikeways,transit lines, and pedestrian paths the Downtown. throughout the city including Downtown. PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6_47 • Explore alternative transportation and causes congestion and queueing issues,particularly transit opportunities for Downtown during weekday afternoon peak periods and Stillwater. during Saturday events. A traffic impact analysis • Work with Washington County and the state was conducted to identify potential transportation in developing park and ride lots,trailway system modifications (e.g. reduction in turn lanes, systems and other programs to reduce auto changes in traffic control, roadway closures, and use. improvements for pedestrians and bicyclists) that • Increase transit ridership and support can be considered as part of the Downtown Plan. Existing and historical traffic volume data was transit service for transit dependent obtained for this study. Vehicular and pedestrian residents, particularly senior citizens, counts were collected by SRF on Thursday,July 14, provide adequate transit facilities (bus stops, 2016 during the p.m. peak period from 4:00 p.m. transfer station) to support transit use, and to 6:00 p.m. and on Saturday, July 16, 2016 from cooperate with the regional transit authority 12:00 p.m. to 6:00 p.m. during the Lumberjack and Washington County to provide Days weekend. The weekday p.m. peak period conveniently located park and ride facilities represented higher vehicular traffic while at major transit stops. Lumberjack Days represented a weekend event Policies that was expected to generate high pedestrian volumes. This information was supplemented and Policy 1: Ensure that planned transportation reconciled with prior vehicular turning count data infrastructure, capacity and access will to reflect existing conditions. accommodate proposed land use and development. Figures 6.30 and 6.31 depict existing traffic Policy 2: Improve traffic and parking in and around congestion at intersections and along street commercial areas. segments in Downtown during the p.m. peak period and during Saturday afternoon. Figure Policy 3: Encourage transit use through subdivision 6.32 depicts existing pedestrian volumes crossing design, land use planning and education. various intersections in Downtown during Saturday afternoon during Lumberjack Days. Policy 4: Work to implement the city's Trails master Plan to enhance non-motorized movement Year 2017 Volume Forecasts to and throughout Downtown. The closing of the Stillwater lift bridge will shift traffic volumes using Hwy 95 between Wisconsin Policy 5: Implement pedestrian enhancements Hwy 64 and Minnesota Hwy 36 to the new St. along Main Street to improve access, safety and Croix crossing bridge from Downtown Stillwater. comfort of pedestrians. Approximately 50 percent of the traffic currently using the lift bridge is destined for Hwy 36 as Policy 6: Continue discussions with MnDOT determined from the before, during, and after data to define space allocation for the Main Street from a past lift bridge closure. This traffic using right of way when the roadway is scheduled for Hwy 36 will no longer be in Downtown Stillwater reconstruction. when the lift bridge no longer serves vehicular traffic. 15 percent of traffic crossing the lift bridge Traffic Impact Analysis to access Downtown Stillwater is expected to Closing the lift bridge to vehicular traffic is return to Downtown by using Hwy 95 and Osgood expected to greatly reduce the amount of cut- Avenue/3rd Street after the new bridge is opened. through traffic in Downtown; this traffic currently Illustrated in Figure 6.33 are relative volumes PLAN OF STILLWATER 6_48 Chapter 6: Downtown Stillwater Framework Plan shifts of existing bridge traffic between existing at Myrtle Street, Chestnut Street, and and opening day conditions. The remaining traffic, Nelson Street and with the removal of the traffic destined to the north or west of Downtown southbound left-turn, westbound left-turn, or to Hwy 96,will still use Hwy 95 and Myrtle Street and northbound right-turn lanes at Hwy 95 as a main connection through Downtown,but other and Chestnut Street. The existing turn lanes regional routes exist(i.e.Manning Avenue)that will on Hwy 95 at Myrtle Street should remain decrease the use of Hwy 95 through Downtown as Myrtle Street is the main connection to Stillwater as a regional connection. western Stillwater. • The existing restriction to the northbound Findings and Recommendations left-turn movement at Hwy 95 and Chestnut Based on the traffic impacts analysis, the following Street can be eliminated as left-turning recommendations are offered for consideration: traffic is expected to be minimal. While the • All study intersections are expected to recommendation is to allow the northbound operate acceptably with traffic signals left-turn at Chestnut Street, this restriction Figure 6.30: Existing PM Traffic Volume AF Existing PM Traffic Volume High congestion01y, / %// i/ l/ri Medium congestion ' iso %/ %, Low congestion �' / r> St i//// / rr" r %� Cyd rte„ i M 95) st l� �; %i �°'� , a uuummumuuuuuuuu�r uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuyuuuuuo i, �dumu91111116111111111611111111111uuuuu r j 0 50 149 240 ft ❑� PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6_49 can be reestablished if the northbound left- activity. It is recommended that none of turning traffic consistently impedes traffic the signals are converted to all-way stop flow along Hwy 95. It should be noted even intersections singularly in order to provide with a restricted northbound left-turn the corridor continuity along Hwy 95. remaining study recommendations are The closure of vehicular traffic or conversion valid. to a shared space or pedestrian plaza on • Extra width is available to add on-street Chestnut Street from Hwy 95 to the lift parking and/or expand sidewalk width with bridge approach could be considered the elimination of three turn lanes at the based on the high pedestrian and bicycle Hwy 95 and Chestnut Street. activity. It is recommended that Chestnut • The current signalized intersections on Street would still be accessible for MnDOT Hwy 95 would operate unacceptably if they maintenance vehicles and emergency were converted to all-way stop controlled vehicles. intersections due to the high pedestrian Figure 6.31: Existing Saturday Traffic Volume Fi' Existing Saturday Traffic Volume � o High congestiony �, //rr/%„ %%� Medium congestion �� io i Low congestion 1R" r' �i� St is 11111` uuupmuuouuuuuuuu�r mr �� i Vg mwum � r ` ,,� " iuumuuuuuuuuuuuuuuuuuuuuum ... i i ' 0 50 100 2410 ft i PLAN OF STILLWATER 6-50 Chapter 6: Downtown Stillwater Framework Plan Figure 6.32: Existing Pedestrian Volumes Existing PM Hour Crossings Saturday Peak Hour Crossings � e j lig 11 l l � i v i tT .a w Figure 6.33: Volume Distribution Shift from Bridge Closure Existing Distribution Year 2017 Volume Shift -10% 5% 0% r, 15l 15% . . r "r '' � wnawmwwmwwii u' ,„ „w.mmmmw�wmm mr ,"" w I,�1 -10% -30%' +5% -5% ApJ')k1wxA '0 (P40SI dAwGuflf pfril;.F'J'U"6.ill . +10% +20% +35% Note:Volume distribution changes of bridge volume outside of downtown are assumed consistent with St. Criox Rirer Crossing Project 2004 Slo» lemental Environmental TVact Statement directional distributions. 0 PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6_51 • Converting Chestnut Street to a pedestrian of longer cycle lengths and protected plaza (with access for maintenance and turning movements. With the elimination emergency vehicles)between Hwy 95 of the turn lanes at Chestnut Street, several and the lift bridge approach would cause other pedestrian improvements could be parking lot circulation issues for parking lot considered: accesses on Nelson Street and Myrtle Street. Leading pedestrian intervals at Water Street should remain as a two-way signalized intersections. Leading roadway with a crossing through Chestnut pedestrian intervals are changes to traffic Street to maintain continuity and better signals that allow pedestrians to enter the distribute traffic between Nelson Street and crosswalk and start their street crossing Myrtle Street. before cars are allowed to enter the • Sam Bloomer Way could be closed at the intersection. This improves pedestrian existing parking lot accesses on Nelson circulation and enhances pedestrian Street and Myrtle Street. This roadway has visibility at intersections low vehicular volumes interacting with * Shorter cycle lengths high pedestrian activity but is not a needed * Sidewalk bump outs/curb extensions connection after the lift bridge closure to vehicular traffic. * Increased pedestrian crosswalk width • Pedestrians experience crossing delays at and stop bar placement Chestnut Street and Myrtle Street because Figure 6.34: Removal of Existing Turn Lanes i%,� Myrtle St left-turn lanes recommended to remain j iia ? iia i All Chestnut lanes are recommended for removal after lift bridge closure olive St Pseudo right-turn areas that 1, could be converted to curb extentions Nelson pg i. 0 PLAN OF STILLWATER 0 6-52 Chapter 6: Downtown Stillwater Framework Plan Parks,Trails and Riverfron The St. Croix River and river valley are central Stillwater is the natural gateway from the Twin to Stillwater's sense of place and well-being. A Cities metro area to the St. Croix National Scenic primary goal is to reinforce the riverfront as an Riverway and to the many parks, trails, and the intrinsic part of, and economic asset to, Downtown cultural, historical, recreation and conservation b areas in the river valley. The City can anticipate a Y significant increase in the number of people entering • Providing a space that allows visitors Stillwater not just to enjoy the City's amenities,but and residents to physically, visually and also as a place to learn more about these many St. spiritually experience the river, Croix Valley opportunities. To assist these visitors, • Hosting community art, as well as year Stillwater may want to consider options to provide round cultural and recreational events, and information about these opportunities. • Functioning as a recreation gateway to the St. Croix River Valley. Potential partners in this endeavour could be the National Park Service, the St. Croix River Along with the riverfront, the parks, pedestrian Association, the Minnesota and Wisconsin DNRs, promenades, trails, stairways, and streetscapes Washington County, state and local historical create a network of connections and amenities societies, and arts organizations. which will attract visitors,residents and businesses while balancing pedestrian, bicycle, as well as Goal recreational and private vehicle circulation needs. Reinforce Downtown as a premier national A key initiative is the development of Chestnut riverfront destination that attracts and welcomes Plaza as described in the urban design section of both residents and visitors. this chapter. The City will need to consult with the Minnesota Historic Society/State Historic Objectives Preservation Office (SHPO) about the possibility Preserve, enhance and restore the riverfront or necessity to update the existing St. Croix River based on its natural setting,recreational Crossing Project Memorandum of Agreement to uses and historic integrity for the enjoyment reflect the City's desire to convert Chestnut Street of residents and visitors. (from Main Street to the river) into a pedestrian plaza. Design parking to serve both the Downtown and Lowell Park. Screen views of parking To better promote walking, biking, and tourist from within Lowell Park and improve the transportation within Lowell Park, Sam Bloomer visual impact of parking in the Downtown Way is proposed to be transformed from a roadway area. to a promenade that will provide a riverfront Provide a strong linkage between walking promenade, and a bicycle trail south of Downtown Stillwater from the river. Chestnut. It will also accommodate vehicles that Provide a variety of settings and locations transport tourists, such a horse drawn carriages, along the riverfront to accommodate peddle pubs and small electric trolleys. a variety of uses ranging from quiet contemplation areas to community festivals. Refreshing the south end of Lowell Park was another key initiative brought forward by the Policies community. There is a desire to provide additional seating and landscape plantings in the park and to Policy 1: Work to complete network connections enhance the aesthetics of Lowell Park in a manner for bikeways and pedestrian promenades. that is sensitive to its historic designation. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-53 as properties built since 1940 and up to the end date Policy 2: Trails,walkways and staircases connecting of the extended period of significance, and historic neighborhoods into Downtown should be well residential buildings interspersed among the identified with signage. commercial properties in the district. Furthermore, the nomination could also explore the district's Policy 3: Explore the feasibility of developing potential significance in the areas of Entertainment/ chestnut plaza as a key multi-functional open space Recreation and Landscape Architecture, by that provides a significant connection between expanding the historic significance context for Main Street and the riverfront park. Lowell Park and the planned transformation of the riverfront from a lumber and milling center to a Policy 4: The city should work together with other recreational amenity beginning with the 1913 city agencies to develop a trail system to connect Aiple plan by Morrell and Nichols. Park to Downtown Stillwater. Goal Policy 5: Investigate the feasibility of restoring the Preserve Downtown's historic resources while historic landscape features and plantings of Lowell facilitating sensitive adaptive reuse of historic Park. buildings and landscapes and redevelopment that is complementary to its historic character. Historic Preservation and Sustainability Downtown's historic resources are cherished and Objective are integral to Stillwater's sense of place. On-going • Preserve, maintain, and build upon the efforts to support historic preservation are crucial, historic resources of Downtown. yet Downtown must also continue to evolve to meet . Interpret the historic significance of current community needs. The on-going evolution Downtown and make it available for people of Downtown is seen as actively "making history." to learn about and enjoy. Future development and Downtown activities are supportive of the river's natural beauty and respect • Allow Downtown to continually evolve the limited resource of the Downtown's built and in a manner that is sensitive to its historic natural environment. resources. The City may want to investigate the feasibility of Policies updating the National Register of Historic Places Policy 1: Explore the feasibility of updating the nomination for the Stillwater Commercial Historic National Register of Historic Places nomination for District. There appears to be an opportunity to the Stillwater Commercial Historic District extend the period of significance, currently ending in 1940, which would afford several additional Policy 2: Work with partners to develop approaches properties 'contributing' status and allow them to for interpreting, sharing, and educating residents take advantage of historic tax credits for building and visitors about Downtown's historic resources. rehabilitation (such as the Cosmopolitan State Bank at 101 South Main, constructed in 1967 and Policy 3: Encourage reuse of vacant upper floors a significant local example of Late/Expressionist in the historic district. Develop code-friendly Modernism). District boundaries could likewise solutions to common challenges (light/ventilation be revisited to be more in keeping with the current requirements, egress, vertical access, fire safety, National Register policies and guidance, also etc.) and offer additional financial incentives, if including additional 'contributing' resources, such necessary, to spur redevelopment. PLAN OF STILLWATER 6_54 Chapter 6: Downtown Stillwater Framework Plan Local Economy and Tourism patronize,recreate, or live in their Downtown. The Downtown Stillwater's economy has traditionally reduction of traffic volumes due to new St. Croix capitalized on its historic charm, and beautiful River Crossings also pose a challenge to ensure natural setting. Downtown is a destination location that Downtown is being appropriately marketed to for residents of the Twin Cities Metropolitan Area attract patrons to Downtown businesses. and beyond. During the summer months and when fall foliage colors peak it is not unusual to Goals have 20,000 visitors a day in the city. The riverfront Goal 1: Increase the tax base and provide is a focal point for many of these tourist activities. opportunities for economic growth for Stillwater By maintaining the city's quality of place, not only and Stillwater area residents. does it receive additional economic benefit from tourism, but it attracts residents and businesses Goal 2: Promote and maintain the Downtown as a that treasure the unique marriage of small town central focus for community economic, recreation, living with high quality of life. and cultural activity. This Local Economy and Tourism section of the Goal 3: Provide new locations for Downtown Downtown Plan will: housing to support Downtown retail and • Outline the city's goals and policies with entertainment venues. respect to economic development and tourism; Objectives • Summarize a market potential analysis Support a Downtown where city residents and for Downtown that was completed for the workers can live,work,shop and recreate in vibrant Downtown Plan update; and riverfront atmosphere year round. • Provide implementation recommendations. Policies Policy 1: Work with local and regional economic Local Economy Policy interests to promote local economic The opening of the new St. Croix Crossing will development. significantly reduce traffic congestion in Downtown, which provides an important opportunity to reclaim Policy 2: Support Downtown as a regional Main Street as a community gathering space and destination for arts and cultural activities. amenity. Reduced traffic congestion is also seen as opportunity to attract Stillwater residents back to Policy 3: Encourage mixed use development that incorporates housing and structured parking within Downtown. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-55 ri�rUi ✓�;vd r „�„e! P � � k i i t rMYV G � Nei � I 00000000 000 �j�/ � �,� h I ilMnr piM iY i uuul)IIIIIIII °'IIP� o I i I Si I int. Tourism Thehistoric significance of Downtownis interpreted Stillwater's preserved historical sites of the 1800's and made available for people to learn about and lumbering era have made the city an attractive enjoy. destination for tourists. Much of the Downtown area is filled with businesses targeted to this tourist Support Downtown as a premier national riverfront trade including historic hotels, beds and breakfast, destination and recreation gateway to the St. Croix River Valley that attracts and welcomes visitors riverboats, specialty shops, and a variety of restaurants. Stillwater is also host to many special without overwhelming Downtown resources. events that annually draw thousands of tourists to the community including, Lumberjack Days, The Support public improvements and maintenance that enhances the attractiveness of Downtown. Rivertown Art Festival and the Fall Colors Fine Art & Music Festival. In early 2017, the City hosted Hockey Day Minnesota as a way to expand event programming into the winter months. Goals " Goal 1: Promote tourism in a manner that �%, '� %�� m, %�i, �, celebrates, yet protects, Stillwater's unique natural ,/�,' resources and historic and architectural character. Objectives Maintain Stillwater's historic, cultural and natural resources, community uniqueness. , PLAN OF STILLWATER 6-56 Chapter 6: Downtown Stillwater Framework Plan Policies Policy 1: Attract visitors, shoppers, and outdoor recreation enthusiasts to the community Policy 2:Support year around activities that enliven the Downtown public and cultural life Policy 3: Promote activities which lengthen the time visitors spend in Stillwater Policy 4:Facilitate sensitive adaptive reuse of historic buildings and landscapes and redevelopment that is complementary to Stillwater's historic character Policy 5: Maintain public facilities so that the Downtown is an attractive place to visit Policy 6: Work with the Stillwater Area Chamber of Commerce and Convention and Visitors Bureau in promoting Downtown activities and improvements ✓�UI ;' ///%/iia i/i/ilii / io a, ❑❑ PLAN OF STIL,LWATER ❑❑ Chapter 6: Downtown Stillwater Framework Plan 6-57 Market Attributes of Downtown Stillwater dramatic water views and specialty shopping Maxfield Research conducted a market feasibility district regularly attracts customers and visitors study evaluating the potential demand for from all over the US. additional retail space in Downtown Stillwater.The market analysis includes a review of population, Access and Visibility household and employment growth trends in the The construction of the new St. Croix River Primary Retail Draw Area along with analysis of Crossing will provide another major transportation route for travelers from upper St. Croix County and consumer demographics, household expenditures, retail gaps and overall market conditions. further north to access the Twin Cities Metro Area The market analysis focuses on the amount of via Highway 36 on the Minnesota side. Previously, development supportable to 2030. this traffic has funneled through Downtown Stillwater, creating a substantial amount of traffic Demographic Characteristics and Growth Trends congestion and hampering the ability of the The study starts out with determining an Downtown to accommodate shopping traffic. Once appropriate draw area from which retail space in the new Bridge opens in fall 2017,it is expected that Downtown would likely attract buyers/shoppers/ through-traffic counts will decrease substantially tenants. Key demographic data in the Market Area allowing for better access to local businesses. is then analyzed, as it relates to the demand for Currently, traffic through Downtown Stillwater retail development. offers an opportunity to become aware of what Site Characteristics Downtown has to offer, despite the substantial Stillwater is known as the birthplace of Minnesota congestion. There is a concern that once the new because the first territorial conference was located Bridge is open that travelers may bypass Stillwater in Downtown at the corner of Chestnut and Myrtle and just continue on to other locations in the Twin Streets in the mid-1800s. At that time, Stillwater Cities Metro Area rather than patronize businesses was the largest community in Minnesota. in Downtown. Some visibility will be reduced and it will be important to increase marketing at the Stillwater's population was estimated at 19,754 outset to encourage people to exit off Highway 36 people (2015-Metropolitan Council). Most recently, to the Downtown. Stillwater grew by 8,283 people between 1990 and 2000, an increase of 118% during the period. Some Downtown Strengths and Weaknesses The Downtown has several strengths that make of that growth was due to annexation of land area from Stillwater Township and the acquisition of it inviting location for visitors and shoppers population and households through the additional including:ding: land area.The 2000s were a period of slower growth • Historic buildings with architecture that for the City, with 2,904 additional people resulting evokes a traditional Downtown; in 18.9% growth. In comparison, the Twin Cities • Compact walkable district with most goods Metro Area household base expanded by 16.6% and services along Main Street; between 1990 and 2000 which was followed by 9.4% . Grid street pattern that provides convenient growth between 2000 and 2010, but Stillwater's access for vehicle traffic; growth has been significantly higher than that of the Twin Cities Metro Area. Close proximity to the River offers dramatic and scenic views; The Downtown is a traditional historic Downtown • Diverse mix of businesses, many of which with many buildings dating back to the earliest days were able to weather the Recession; of the City. Its scenic location along the St. Croix • Highly successful in attracting visitors to the River coupled with recreational opportunities, Downtown; PLAN OF STILLWATER 6-58 Chapter 6: Downtown Stillwater Framework Plan The Downtown's greatest challenges are: Demographic Overview • A high level of traffic congestion, a portion The Stillwater Primary Market Area (PMA) is of which will be relieved with the new comprised of households that generally live in Bridge crossing; close proximity to Downtown Stillwater and are • Parking often fills with visitor and event most likely to view the area as one of their primary patrons, less with Downtown customer shopping districts. The PMA is an aggregation of census tracts in eastern Washington County (most often during the summer season); local customers may often stay away from in Minnesota and western St. Croix County in Wisconsin and includes the Cities of Stillwater, the Downtown during the peak summer Oak Park Heights, Bayport, Stillwater Township, months Baytown Township, a portion of Lake Elmo in • Downtown mix is focused most heavily on Minnesota in addition to North Hudson Village, specialty items and less on neighborhood Somerset Village, New Richmond and Somerset oriented goods and services, which may Town and St.Joseph Town in Wisconsin. encourage people to come Downtown more frequently. As of 2010, the PMA contained 72,730 people and 26,929 households. During the 2000s, the Figure 6.35: Downtown Stillwater Primary Market Area (PMA) ISI mitiu,rrpi �� pitmasG.`.vnA�i i yea .m oirorcrni ma'��'�/ii<«iueuirrx r rrrrirn�ri�rmvriieupiol , .,.., r } °Triilrglr ...cri.re. ❑❑ PLAN OF STILLWATER 0 Chapter 6: Downtown Stillwater Framework Plan 6-59 population increased 17.5% while the number of households expanded by 22.1%. By 2021, the PMA is projected to add another 7,578 people and 2,912 households. Population growth is anticipated to be somewhat modest on the Minnesota side of the River. Growth on the Wisconsin side could be more robust as the improved transportation access from the River Crossing encourages more residential development in St.Joseph and Somerset Towns. By 2030, the PMA is projected to have 87,565 people and 33,414 households. An analysis of age distribution reveals the aging of the PMA population as the baby boom generation reaches its senior years. The 65 to 74 cohort experienced the largest increase between 2010 and 2016,increasing by 1,953 people or(39.7%).Looking Table 6.2: Population and Household Growth Trends Stillwater Primary Market Area (2000 to 2030) Change Estimate Forecast 2000-2010 2010-2021 2000 2010 2016 2021 2030 No. Pct. No. Pct. Population Market Area total 61,877 72,730 76,277 79,987 87,565 10,853 17.5 7,$78 10.4 Washington County 145,880 238,136 253,591 268,410 299,130 92,256 63.2 30,274 12.7 St.Croix County 63,155 84,345 86,858 98,434 111,470 21,190 33.6 14,089 16.7 7-County Metro Area 2,642,056 2,849,567 3,036,589 3,155,469 3,388,950 207,511 7.9 305,902 10.7 Households MarketArea total 22,047 26,929 28,355 29,841 33,414 4,882 22.1 2,912 10.8; Washington County 49,246 87,859 93,631 103,722 116,210 38,613 78.4 15,863 18.1 St.Croix County 23,410 31,799 34,767 37,933 41,420 8,389 26.4 6,134 19.3 7-County Metro Area 1,021,456 1,117,749 1,188,436 1,270,463 1,378,470 96,293 9.4 152,714 13.7 Sources: U.S.Census; ESRI; MN;Wisconsin Dept.of Administration; Maxfield Research PLAN OF STILLWATER 6-60 Chapter 6: Downtown Stillwater Framework Plan ahead, the 65 to 74 and the 75 and over age cohorts to 34 age cohort of 847 people (10.4%), which may are anticipated to experience the largest growth also signal additional demand for rental apartments between 2016 and 2021, increasing by 2,080 people and entry-level homes. (30.3%) and 1,174 people (27.1%), respectively. These gains will occur as the baby boom generation The 2016 median income in the PMA ($79,858) is ages and as potential residential activity focuses on 18% higher than the Metro Area median income higher-density housing products in the community. ($70,404). Therefore, the Market Area is relatively There is also anticipated to be an increase in the 25 affluent compared to the Metro Area, suggesting that households have more resources to devote toward retail services and goods. Table 6.3:Age Distribution Stillwater Primary Market Area (2010 to 2021) Change Census Estimate Projection 2010-2016 11 2016-2021 Age PMA Under 20 19,832 19,529 19,180 -303 -1.5 -349 -1.8 20 to 24 3,518 4,287 4,322 769 21.9 35 0.8 25 to 34 7,813 8,125 8,972 312 4.0 847 10.4 35 to 44 10,144 9,382 9,603 -762 -7.5 221 2.4 45 to 54 12,881 12,227 11,134 -654 -5.1 -1,093 -8.9 55 to 64 9,839 11,518 12,313 1,679 17.1 795 6.9 65 to 74 4,916 6,869 8,949 1,953 39.7 2,080 30.3 75+ 3,887 4,340 5,514 453 11.7 1,174 27.1 Total 72,830 76,277 79,987 3,447 4.7 3,710 4.9 Washington County Under 20 68,825 69,009 69,929 184 0.3 920 1.3 20 to 24 11,820 14,021 13,416 2,201 18.6 -605 -4.3 25 to 34 28,864 31,100 33,150 2,236 7.7 2,050 6.6 35 to 44 34,243 33,757 37,777 -486 -1.4 4,020 11.9 45 to 54 40,412 38,533 35,573 -1,879 -4.6 -2,960 -7.7 55 to 64 28,988 34,621 37,183 5,633 19.4 2,562 7.4 65 to 74 14,440 20,231 25,866 5,791 40.1 5,635 27.9 75+ 10,544 12,319 15,516 1,775 16.8 3,197 26.0 Total 238,136 253,591 268,410 15,455 6.5 14,819 5.8 7-County Metro Area Under 20 774,287 786,474 799,025 12,187 1.6 12,551 1.6 20 to 24 190,135 209,816 198,104 19,681 10.4 -11,712 -5.6 25 to 34 420,311 436,000 450,970 15,689 3.7 14,970 3.4 35 to 44 391,324 401,156 436,283 9,832 2.5 35,127 8.8 45 to 54 440,753 420,262 391,570 -20,491 -4.6 -28,692 -6.8 55 to 64 326,007 388,188 402,985 62,181 19.1 14,797 3.8 65 to 74 163,425 231,386 287,542 67,961 41.6 56,156 24.3 75+ 143,325 163,302 188,990 19,977 13.9 25,688 15.7 Total 2,849,567 3,036,584 3,155,469 187,017 6.6 118,885 0.1 Sources: U.S. Census Bureau; ESRI; Maxfield Research ❑ PLAN OF STIL,LWATER ❑ Chapter 6: Downtown Stillwater Framework Plan 6.61 Employment Commuting Patterns Between 2010 and 2021,nearly 4,000 jobs are forecast The Primary Market Area has more workers to be added in the PMA.Employment is expected to commuting to jobs outside of the Primary Trade increase by 11.5% in the PMA, compared to 26%in Area than are coming into the PMA for work. Data Washington County, 36% in St. Croix County and reveals that 55,000 people leave the area for work almost 18%in the Twin Cities Metro Area. Between while 30,340 come into the area to work. Another 2000 and 2010,the PMA gained only 545 jobs(1.6%) 19,300 people both live and work in the PMA. Top likely due to the recession.Industries with the most significant gains were Manufacturing, Education and Construction. The unemployment rate in the PMA is at 3.1%, compared to the Twin Cities Metro Area at 2.7%. Companies are experiencing some labor shortages, especially for skilled workers. Figure 6.36: Population Growth Stillwater Primary Market Area (2010 to 2021) Population Growth 2010-2021 Total .... ... .. 30,274 75+ ;771 65 to 74 ■ PMA 55 to 64 ❑Washington County , 45 to 54 1,747 -4,839 Q 35 to 44 -541 3,534 25 to 34 V80 ,286 20 to 24 Under 20 652 -10,000 -5,000 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Numberof People PLAN OF STILLWATER 6-62 Chapter 6: Downtown Stillwater Framework Plan Table 6.4: Employment Growth Trends Stillwater Primary Market Area (2000 to 2030) Change Estimates Forecasts off r N I N 1 2000 2010 n 2016 2021 2030 No. Pct. No. Pct. Ern l ment 11ab�' a 4 Til �371t12 3C6 l(19 3,4L204' 41435 64 1.6 3 X49 . Washington County 63,521 71,897 77,501 90,578 97,460 8,376 13.2 18,681 26.0 St. Croix County 25,892 27,894 33,662 38,100 46,200 2,002 7.7 10,206 36.6 7-County Metro Area 1,606,263 1,543,872 1,664,906 1,815,801 1,913,050 -62,391 -3.9 271,929 17.6 Sources: U.S.Census; MN DEED;Wisconsin Dept.of Labor; Maxfield Research work destinations include St. Paul, Minneapolis, visitors that are outside of the identified Trade Maplewood, Hudson and Stillwater. Area. That is to say that households and visitors will make purchases at retail outlets outside of Retail Market Conditions and Retail Development the Trade Area, which is considered to be leakage Potential of retail dollars. Highest leakage in retail sales The potential for new retail development is occurs in Hobby/Book/Music stores and Health influenced by overall market conditions in the and Personal Care Stores. Other sectors with Trade Area. high leakage include: Shoe Stores; Clothing and Clothing Accessories, and Grocery Stores. Retail Sales and Consumer Expenditures Overall, residents from the Stillwater PMA are Food Services and Drinking Places represent the estimated to have spent $784 million on retail largest number of retailers in the PMA at 30.3% goods and services in 2016, excluding housing, for the PMA and 26.0% for Stillwater city. Also finance/insurance, and travel expenditures as well high in Stillwater city was Clothing Stores and as vehicle purchases.Average annual expenditures Miscellaneous Retailers. (excluding the categories mentioned above) are estimated to be$26,935 per household in the PMA. Regional Retail Market Conditions This compares to a Metro average of $23,834 per Retail market conditions have strengthened household in 2016. In virtually every product and considerably over the past few years with vacancies service category,expenditures by PMA households dropping in most locations of the Twin Cities. The are substantially higher than the national average retail vacancy rate decreased in the Twin Cities and some-what higher than the Twin Cities Metro Metro to 4.6% as of the 2nd Quarter of 2016, but Area. then increased slightly to 5.1% by the 3rd Quarter In 2016, the PMA had leakage in retail sales in nearly all retail industry groups except for Non- store Retailers, Florists and Specialty Food Stores. Retail leakage is defined as the amount of retail expenditures made by Trade Area residents and ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-63 Figure 6.37: Leakage Stillwater Primary Market Area (2010 to 2021) Retail Categories with the Largest Leakage Factors Furniture and Home Furnishings Lawn&Garden Equipment Clothing Stores Electronics and Appliances Health&Personal Care Stores Shoe Stores Other General Merchandise Stores Book Periodical and Music Stores 0 1.0 2.0 30 40 50 60 70 80 90 1.00 Leakage/Surplus by Industry, Stillwater PMA, 2016 Food Services&Drinking Places - Nonstore Retailers Miscellaneous Store Retailers General Merchandise Stores - Sporting Goods, Hobby,Book,and Music Stores - Clothing and Clothing Accessories Stores Gasoline Stations Health&Personal Care Stores Food&Beverage Store Bldg Materials, Garden Equip.&Supply Stores Electronics&Appliance Stores Furniture& Home Furnishings Store Motor Vehicle&Parts Dealers c:) 0.0 20.0 40.0 60.0 80.0 0 PLAN OF STILLWATER 0 6.64 Chapter 6: Downtown Stillwater Framework Plan Figure 6.38: Percent of Businesses Stillwater Primary Market Area (2000 to 2030) Percent of Businesses-Stillwater PMA 2016 Food Services&Drinking Places Nonstore Retailers Miscellaneous Store Retailers General Merchandise Stores Sporting Goods, Hobby,Book,and Music Stores Clothing and Clothing Accessories Stores Gasoline Stations Health&Personal Care Stores Food&Beverage Store Bldg Materials,Garden Equip.&Supply Stores Electronics&Appliance Stores Furniture&Home Furnishings Store Motor Vehicle&Parts Dealers 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% Percent of Businesses-City of Stillwater Food Services&Drinking Places IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Nonstore Retailers uuuuuuuuuuuuuu Miscellaneous Store Retailers IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll1111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll1111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll1111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII General Merchandise Stores IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sporting Goods,Hobby,Book,and Music Stores IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Clothing and Clothing Accessories Stores IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Gasoline Stations IIIIIIIIIIIIIIIIIIII Health&Personal Care Stores IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Food&Beverage Stores IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111 Bldg Materials,Garden Equip.&Supply Stores IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Electronics&Appliance Stores uuuuuuuuuuuuuuuuuuuui Furniture&Home Furnishings Stores iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillI Motor Vehicle&Parts Dealers uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% ❑ PLAN OF STIL,LWATER ❑ Chapter 6: Downtown Stillwater Framework Plan 6-65 after the announcement of several foreclosures and Downtown Stillwater is located in a solid bankruptcy filings. However, other retailers are existing retail trade area with high incomes. moving into the Twin Cities to take their place and While it is surrounded by other retail the overall outlook for retail in the Metro is positive. concentrations which are generally further In the Stillwater PMA, there is an estimated retail away, there are some sizeable employers in vacancy rate of 7.2%, which is modestly higher the area from which businesses can draw than the Twin Cities as a whole, but still under customers. 10% which is considered market equilibrium. • It will be important to continue to promote Combined, a total inventory of 1.4 million square the Downtown after the new Bridge feet with 102,000 square feet vacant was identified. crossing opens encouraging people to The average retail lease rate for available space was exit the highway to come into Downtown nearly$13.00 per square foot. Stillwater. Retail Development Potential The regional retail market is performing well with Maxfield Research estimates that Downtown new retail outlets coming into the Twin Cities Stillwater could capture about 25,000 square feet of looking for attractive locations. additional retail space between 2016 and 2021 and another 50,000 square feet of space between 2021 and 2030. Recruiting a mix of retailers that provide • The overall Twin Cities retail vacancy rate goods and services not already present in the was among all retail center types as of market will increase the likelihood that the higher 3rd Quarter ter 2016. end of this range can be achieved. Downtown districts across the country continue Market Attributes: Conclusions and to struggle with limiting their retail outlets to Recommendations independent business owners rather than national The Downtown has a number of physical retail chains. National chains are familiar to the characteristics that make it a strong shopping buying public as they have been conditioned to location and a highly desirable urban district. recognize the standard offerings of these outlets across the country. On some level, chains provide a • Anticipated population growth in the comfort level to customers because they know what younger age cohorts as well as the age 65+ will be offered. Independent retailers, on the other cohort will continue to create additional hand, can provide unique and creative settings and opportunities for retail goods and services often carry products and provide services that are in the Downtown. not generally found in the general marketplace. • The 2016 median income in the PMA Independent retailers have more flexibility in how ($79,858) is 18%higher than the median they address local market tastes and demand. income in the Metro Area($70,404). The curious and adventurous shopper seeks out Therefore, the Market Area is relatively independent retailers for a "different" shopping affluent compared to the Metro Area, experience. suggesting that households have more It has been the independent retailer that resources to devote toward retail services and goods. has been responsible recently for bringing back to the Twin Cities area small clothing • Despite the reduction in traffic expected boutiques, catering to a mid-price point with for the Downtown, daily traffic counts will a mix of contemporary casual clothing and still remain relatively high at about 10,000 accessories. Many of these new outlets are vehicles per day along Main Street. located in urban shopping districts targeting PLAN OF STILLWATER 6-66 Chapter 6: Downtown Stillwater Framework Plan young to mid-age shoppers. Examining consumer expenditure data with • Other popular urban venues include retail sales data, the largest leakage rates coffee/bakeries (caf6 restaurants), gifts/ occur in Furniture and Home Furnishings, cards,bike shop, art gallery,boutique Clothing and Clothing Accessories and home furnishings, vintage clothing Health and Personal Care Stores. Leakage is and accessories, reuse stores (clothing, occurring in nearly all retail store categories household items, sporting goods), to some degree, except for Non-Store breweries, sandwich shop, coop groceries, Retailers. nails and spa/massage. Average annual expenditures are estimated • In considering maintaining an independent to be$26,935 per household in the Stillwater retailer status for the Downtown, regional PMA. This compares to a Metro average of retailers home-grown in Minnesota could $23,834 per household in 2016. In virtually be considered as opportunities. These every product and service category, operations range in size from small to expenditures by PMA households are very large (national presence),but all were substantially higher than the national started in Minnesota. Some examples average and somewhat higher than the Twin include Caribou Coffee, Dunn Bros. Cities Metro Area. Coffee, Evereve (women s clothing and Because of growth in the PMA household accessories),Buffalo Wild Wings,Aveda, base and accounting for inflation, PMA Faribault Woolens, Cambria, Famous Dave's residents are expected to increase their of America, Geek Squad, Lifetime Fitness overall retail expenditures from by$417.9 and Room and Board Home Furnishings. million between 2016 and 2030 and This is not an exhaustive list and there are increase their purchasing power by$300 others, smaller and larger in size. Targeting million after accounting for leakage. The regional Minnesota companies with a Downtown District is likely attract stores in limited number of outlets could be a retail the previously mentioned retail categories promotional strategy for the Downtown where leakage exists as the local population retail district moving forward. grows and development expands around • Consumer spending and retail leakage the properties. trends for the PMA support the perception Inclusion of new retailers not already that Downtown Stillwater and the Market serving the local population will help Area overall are "under-retailed." reduce the leakage factor in the PMA as • Balancing the retail mix to offer goods and local residents begin making a portion of services that customers purchase frequently their purchases locally that were previously can help to bring local shoppers more made outside the PMA. Leakage will also be regularly to the Downtown. These items reduced as residents from outside the PMA typically include groceries, coffee, liquor, will travel to the area due to the availability bakery, cards/gifts, personal care items, food of a new goods and services. at restaurants, convenience beverages and In an effort to bring more customers to the food items. area and avoid cannibalization of existing • As of 2016, total leakage of retail sales, recruitment strategies should focus expenditures from the Primary Market on retailers providing goods and services Area is estimated to be at 28%,indicating a that are either not already offered at existing significant loss of potential sales outside the outlets or variation on existing goods to PMA. offer shoppers more choice and comparison. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-67 • The mix should be expanded with Commerce and Convention and Visitors businesses that can pull shoppers from a Bureau in promoting Downtown activities large trade area and also generate repeat and improvements trips. • Support year around activities that enliven • Including new office space in the the Downtown public and cultural life Downtown would also draw in more • Maintain public facilities so that the daytime population that would support Downtown is an attractive place to visit retail businesses and restaurants in the Downtown. This would also be true with • Consider establishing incentive programs additional residential development creating for rehabilitation of older buildings mixed-use buildings with housing or office • Continue to use design review guidelines above and retail below. and processes to ensure new development and renovations consistent with the historic Local Economy and Tourism Implementation character of the Downtown To implement the Local Economy and Tourism • Construct a new public parking ramp section of the Downtown Plan,the city will consider Downtown Stillwater for employees and the following implementation measures: visitors • Support the Downtown Parking To promote and maintain Downtown as a central Commission, as advisory group, for focus for community economic and cultural managing Downtown parking activity, the City of Stillwater will: • Use tax increment financing to assist major new investment Downtown • Encourage small, locally owned,businesses particularly in the Downtown • Promote office and service job locations in and around the Downtown • Work with local and regional economic development interests to promote local economic development. • Support Downtown as a regional destination for arts and cultural activities. • Encourage mixed use development that incorporates housing and structured parking within Downtown. To promote tourism consistent with retaining Stillwater's unique natural resources and historic and architectural character, the City of Stillwater will: • Work with the Stillwater Area Chamber of PLAN OF STILLWATER 6-68 Chapter 6: Downtown Stillwater Framework Plan Implementation & Phasi of Public but the leadership should come from outside the Improvements City. Table 6.5 outlines implementation roles and responsibilities. The best plans are of little value if they are not implemented. Maintaining a vital Downtown Table 6.5: Implementation Roles and and implementing the opportunities outlined Responsibilities in this Downtown Plan is dependent upon continuous proactive leadership of the community ® . . and an orchestrated collaboration amongst city officials and departments, county and regional Public Infrastructure City lead governing authorities, the business community, projects (streets, parks, Chamber of Commerce, other civic organizations trails) and developers. The Comprehensive Plan has Physical improvements Development traditionally been an instrumental tool used by on private property community. Strategic the City to move strategic initiatives forward and partnering with City as it is expected that this tradition will continue. The needed proposed implementation plan is based on a few key concepts. Downtown Economic Nonprofit Development (e.g., organization, with City promotion,business collaboration Implementation Responsibility mix, improvement The first key concept is that the City has a distinct grants) role in advancing the vision set forward in this document,but cannot be the sole party responsible Implementation Sche ale for implementing all of the great ideas brought A lot of community energy has been invested in the forward during the development of this plan. development of the Downtown Plan. While some of Implementation needs to a collaborative effort the initiatives identified may require coordination between the City and various other Downtown with stakeholder agencies or appropriate market stakeholders, with all partners contributing their conditions, there are a number of initiatives that unique expertise and resources to holistically could be brought to fruition in the next couple achieve the Downtown vision. The City's primary of years. Early implementation successes are role is to facilitate the implementation of public beneficial as it allows the community to see the infrastructure projects,such as roadways,parks and results of their planning efforts and continues to trails. Other Downtown initiatives that are equally build momentum for projects that may require important to the realization of the Downtown vision additional feasibility analysis,agency coordination, should be facilitated by the business community, and financial resources. The tables below outline the private development community or nonprofit proposed implementation steps that will be led organizations. This is not to say that the City has by the City, categorized by implementation time no roles in these initiatives. To the contrary, there frames. While it is envisioned that the City will is a role for the City in many of these activities, lead these projects, there are key opportunities for the City to collaborate with other Downtown stakeholders to assist in bringing these initiatives forward. While not all inclusive, potential collaboration and funding partners are identified for various Downtown initiatives. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-69 Table 6.6: Public Infrastructure Priorities Short Term (1-3 years) Provide public restroom in winter Research options, select months approach, construct Clean up alleys Develop rational and concepts, obtain stakeholder buy-in Shuttles for large events Develop strategy and implement Event organizers/sponsors Circulation modifications • Resolve any outstanding • Chestnut Plaza historic preservation issues • Close Sam Bloomer Way • Develop conceptual and • Water Street and Nelson final designs Alley shared streets • Prototype Chestnut Plaza • Main Street to test conceptual design and make modifications as • Parking lot modifications necessary between Chestnut Street . Restripe Main Street and Nelson Street Bike Parking • Determine rack types/ Nonprofits/ locations, fundraise, and foundations install Missing Trail Link • Final design and Grants and city park and trail construction funds Public Parking Structure(s) • Conceptual design/ feasibility study Lowell Park Improvements • Resolve any outstanding historic preservation issues, Concept and Final Design, Fundraise Parking Availability Information • Investigate new technologies that would provide information on location of available parking stalls Improve Wayfinding Develope concept for a family of wayfinding signage that addresses all transportation modes PLAN OF STILLWATER 6_70 Chapter 6: Downtown Stillwater Framework Plan Table 6.7: Public Infrastructure Priorities Mid Term (4-10 years) 7Cleanup alleys Construct Property owners, arts organizations,nonprofits/ foundations Circulation modifications • Construct Arts organizations,nonprofits/ • Chestnut Plaza • Modify parking lot access foundations • Water Street and Nelson and circulation Alley shared streets • Change Water Street • Parking lot modifications between Myrtle Street and between Chestnut Street Chestnut Street to one way and Nelson Street southbound • Limit business service deliveries to morning hours before 10 am Public Parking Structure Final design and construct for one General obligation bonds (G.O.), structure parking revenue, parking enterprise fund Improved Wayfinding Final design and install Lowell Park Improvements Construct Arts organizations,nonprofits/ foundations, grants, city park funds New River Park (behind Coop) Concept design Additional Street Trees Resolve any outstanding historic Developers,jurisdictional • 2nd Street (Mulberry to preservation issues, research agencies Nelson) options, concept and final design, • Commercial Street (Main construct select portions to 2nd) • Chestnut Street (Main to 3rd) ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6_71 Table 6.8: Public Infrastructure Priorities Long Term (11-20 years) 7Publicking Structure Final Design and construct for second structure New River Park (behind Co-op) Final Design and construct Arts organizations,nonprofits/ foundations, grants, city park funds Additional Street Trees Construct remaining portions Developers,jurisdictional • 2nd Street (Mulberry to agencies, property owners (BID/ Nelson) SSD) • Commercial Street (Main to 2nd) • Chestnut Street (Main to 3rd) Reconstruct Main Street Resolve any outstanding historic MnDOT, property owners (BID/ preservation issues; concept and SSD) final design, addressing space allocation within the right of way; streetscape aesthetics; construct Implementation Strategies pedestrian friendly, memorable, and economically The following strategies should be considered for viable place. all public improvement projects in order to integrate the improvements into an ongoing revitalization Developers should work with city staff and refer and community building strategy and to gain the to the guidelines within the Downtown Plan- and most benefit from streetscapes, parks, and other previous planning studies - prior to generating public amenities: design concepts, in order to better understand the overall goals of the community and how their Coordinate Objectives with all City Departments property fits into the context of the Downtown plan The planning, engineering, and inspections and expectations for public/private amenities. departments, as well as potential advisory groups, The guidelines for site planning,building placement, should refer to the guidelines and consider parking lot edge treatments and landscaping should associated public/private improvements and be referenced during the site design phase of the amenities when reviewing individual development project. Developers should also discuss the options proposals within the Downtown area. Each for their particular site with city staff to determine proposed development should comply with the if parking lot edge treatments will be constructed guidelines, reinforce the desired character of as part of the site redevelopment or a larger public development,and contribute to creating a cohesive, street improvement project. PLAN OF STILLWATER 6_72 Chapter 6: Downtown Stillwater Framework Plan Place projects in the Capital Improvement Plans Maintain Community Involvement City departments should refer to the components In order to build on the energy and momentum in this Framework Plan to coordinate, design, and established during Downtown Plan update, it budget for capital improvements and to define is suggested that an Implementation Advisory public/private partnerships to finance and maintain Committee be established to help guide the public realm improvements. City departments realization of the initiatives brought forward in should refer to the schematic designs for the this plan. Given their extensive knowledge about individual areas as a basis from which to develop the plan, it is suggested that the Downtown Plan more detailed plans for construction. Advisory Committee be asked to continue their service, if they so choose, as members of the new Coordinate Staging and Funding Implementation Advisory Committee. The city should share its redevelopment objectives with the state and county DOTs and determine Communicate Vision and Celebrate schedules for street improvements and potential Implementation Successes funding sources. The vision set forth in the Downtown Plan is of great interest to community residents. It is important to Coordinate Staging and Funding with keep informed, enthused, and actively engaged Redevelopment Projects in assisting with the implementation of the plan's strategic initiatives. There are a number of tools and approaches that the City can use to keep residents Define a Maintenance Strategy for Each Project informed about plan implementation. Just a few The long term maintenance tasks and associated examples of potential communication approaches costs are a critical consideration for the success of include: public improvements and amenities. A strategy . Community newspaper articles should be created that defines a funding source, . Information booths at community events such as a special maintenance assessment district that assigns responsibility for maintenance of • Community newsletters the various streetscape or park components. • City website Responsibilities may be delegated between the city . Facebook and county staffs, property owners, volunteers, or private contractors. ❑ PLAN OF STILLWATER 19 Chapter 6: Downtown Stillwater Framework Plan 6-73 TIF DIST. NO. 12 NOTICE OF PUBLIC HEARING OF THE CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, County of Washington, State of Minnesota, will hold a public hearing on Tuesday, June 20, 2017, at approximately 7:00 p.m., at City Hall, 216 North Fourth Street, Stillwater, Minnesota, on the following matters: the proposed adoption of a modification to the Development Program for Development District No. 1, and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 12 within Development District No. 1, pursuant to and in accordance with Minnesota Statutes, §469.124 to 469.134 and 469.174 to 469.179. Attached as Exhibit "B" is the area of Tax Increment Financing District No. 12 and attached as Exhibit "A" is a map of Development District No. 1. A copy of the modified Development Program and the Tax Increment Financing Plan for Tax Increment Financing District No. 12 are on file and available for public inspection at the Office of the City Clerk. All interested persons may appear at the hearing and present their views orally or in writing. Dated: May 26, 2017 BY ORDER OF THE CITY COUNCIL /s/Diane F. Ward Diane F. Ward, City Clerk PUBLISH DATE: Friday, June 2, 2017 POSTED: Thursday, May 18, 2017 -77- Swath i E .ter Twin ^ IV -14 Sle t el p meat laekel a Vi 14 ar�rarate LRn*s As existYr, Dec 4,2N 2 L6 —T U1'y" I � r Lj— � rY' Q " b 01 �p w� ✓+�I' Q'�r} �,n�o-'1 t �"�� G�s...,h s /may a r'in "` Tl 1 ["7 r at? Exhibit CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 12 (A REDEVELOPMENT DISTRICT) AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR; THE TERMINATION OF TAX INCREMENT FINANCING, PURSUANT TO AND IN ACCORDANCE WITH MINNESOTA STATUTES §469.124 TO 469.134 AND 469.174 TO 469.179. BE IT RESOLVED by the City Council (the "Council") of the City of Stillwater, Minnesota(the "City"), as follows: Section 1. Recitals. 1.01 The City Council (the "Council") of the City of Stillwater (the "City") has heretofore established Development District No. 1 and adopted the Development Program therefor. It has been proposed by the City that it adopt a modification to the Development Program for Development District No. 1, the establishment of the Tax Increment Financing District No. 11 (a "Redevelopment District") and adopt Tax Increment Financing Plan (the "Plan") therefor, pursuant to and in accordance with Minnesota Statutes Sections 469.124 to 469.134 and 469.174 to 469.179. 1.02 The City has investigated the facts relating to this action and has caused the documents needed to take this action to be prepared. 1.03 The City has performed all actions required by law to be performed prior to establishment of the District and the adoption and approval of the Proposed Plan, Tax Increment Plan, including, but not limited to, notification of Washington County and Independent School District No. 834 having taxing jurisdiction over the property to be included in the District, notification of the County Commissioner in whose district the City is located, and the holding of a public hearing upon published notice as required by law. 1.04 Certain written reports (the "Reports") relating to the Plan and to the activities contemplated therein have been prepared by staff and submitted to the Council and made a part of the City files and proceedings on the Plan. The Reports include data, information and substantiation constituting or relating to the basis for the other findings and determinations made in this Resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this Resolution to the same extent as if set forth in full herein. 1.05 The City is amending the Development Program for Development District No. 1, to accommodate the establishment of Tax Increment Financing District No. 12, but is not altering the boundaries of Development District No. 1. Section 2. Findings for the Adoption and Approval of the Proms. 2.01 The Council hereby finds that the Plans are intended and, in the judgment of such actions will be, to provide an impetus for development, having a public purpose and will accomplish the objectives as set forth in the Plan, which are hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 11. 3.01 The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1). 3.02 The Council further finds that the proposed redevelopment would not occur solely through private private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the project by private enterprise. 3.03 The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reason and supporting facts for each determination in writing, attached hereby as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Modified Plan: Establishment of Tax Increment Financing District No. 1. 5.01 The Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established and adopted and shall be placed on file in the office of the City Administrator. There is established in the City within Development District No. 1, Tax Increment Financing District No. 12,the initial boundaries which are fixed and determined in the Plan. 5.02 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Washington County is requested to certify the original net tax capacity of the District, as described in the Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Stillwater City Council is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04 The City Attorney is further authorized and directed to file a copy of the Plan with the Commissioner of Revenue. The Motion duly seconded by Council Member , and upon a vote being taken thereon,the following voted in favor thereof: Councilmembers: and and the following voted against the same: None. Dated: June 20, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 11, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that Tax Increment Financing District No. 11 is a redevelopment district as defined in Minnesota Statutes. Section 469.174, Subd. 10(a)(1). The District consists of 13 parcels. Each parcel is at least 70 percent occupied by buildings, streets, utilities, paved or gravel parking lots, or vacant, unused, inappropriately used rail yards, railroad right-of-way and excessive or abandoned railroad right-of-way. A parcel was not considered occupied unless it was at least 15% covered by buildings or paved parking lots. The total percentage of all qualifying property parcels was compared to the total area of all parcels to determine if the 70% requirement was met. The area occupied by public right-of-way has not been considered in the coverage test calculations. The study revealed that the total area of the District is covered. Therefore, 100% of the area is covered well in excess of the required 70%. Further - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations. The evaluators noted deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors. The inspection revealed substantial structural deficiencies in 100% of the structures. If action is not taken soon the structures are in significant danger of collapse and, in order to correct existing deficiencies in existing structures it would cost 36.6% of the cost of constructing new structures of the same square footage and type on the site. The above information is contained in the Redevelopment Eligibility Report prepared by the Community Development Department dated May 17, 2017, which report is on file in the Office of the City Clerk and which report is adopted by reference in these findings. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur within the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of tax Increment Financing District No. 12 permitted by the Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this Plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, and the cost of financing proposed improvements, development is feasible only through assistance, in part, from tax increment financing. The parcels in this site have remained undeveloped because of the high costs associated with building code compliance and the correction of deficiencies. This information is also contained in the Redevelopment Eligibility Reports. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Plan: The City supports this finding on the grounds that the cost of site and public improvements and utilities add unreasonably to the total redevelopment cost. Historically, site and public improvement costs in the plan area have made redevelopment unfeasible without tax increment assistance. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated in the plan area without substantially similar assistance being provided to the development. The City finds that no development would occur in the plan area without the assistance that can be provided with tax increment. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $9,1,00,000. The present value of tax increments from the District is estimated to be $4,591,950. It is the Council's finding that no development with a market value greater than $9,100,000 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of the District (see Cash flow analysis in Exhibit B of the TIF Plan). 3. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 12 conforms to the general plan for the development or redevelopment of the municipality as a whole. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 12 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The site contains remnants of old foundations, and a substandard building, and ground water seepage have made development and redevelopment unfeasible. Redevelopment will require significant dewatering because of ground water seepage from the outcropping of limestone in the area. Redevelopment of Area with mixed uses that will provide maximum opportunity for the citizens of the City, consistent with the sound needs of the City for redevelopment of Area by private enterprise. 5. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. THE CITY OF STILLWATER MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 and the TAX INCREMENT FINANCING PLAN For the establishment of TAX INCREMENT FINANCING DISTRICT NO. 12 (A REDEVELOPMENT DISTRICT) within DEVELOPMENT DISTRICT NO. 1 Public Hearing for consideration of adoption June 20,2017 TABLE OF CONTENTS Pam Article1 —....................................................................................................................................... l Modification tmthe Development PROGRAM for Development DISTRICT No. U..........& Section1.01. Forward...........................................................................................................l Article2—...... ....... ....... .......... ................................... ....................................._.. ... -_.... .-...... l Tax Increment Financing Plan for Tax Increment Financing District No. 82.~.,....~,..~,..1 Section2.01. Forward........................... ..........^..._.........^.............. _.................~...........--1 Section 2.02. S ..................... .-,,..^-^~~~'........................................... -..} Section 2.03. Statement ofObjectives........ .......~..._...—..—.~..-..__._~_--.....--._.—.l Section 2.U4, Development Program Overview. ............... ............................... .......—_--,2 Section 2.05. List of Expected Development Activities..........._.._.. .... ........~~.-............7 Section 2.06. Property{ohoIncluded inthe District............................................................2 Section 2.07, C[usSifioutiouofthe District. ............................ ....... ........................'............2 Section 2.08. Duration ofthe District. ............................. ....... .......... ........... ....................4 Section 2.09. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Cand Notification of Prior Planned Improvements. .^.....................---........... ..............,',,,.,.,.,,,,,,,...^....-............. . Section 2.10. Sources ofRevenue/Bonded Indebtedness. ............. .~._.....,...^~...^......_......5 Section 2.11. Uses of Puodo. ........... ....~..-,.....~...................... ..............._......_.....-6 Section 2.12. State Tax Increment Financing Aid (Local C ._..--.._...,........-6 Section 2.13. Fiscal Disparities Election. ..........................................................—_ .............6 Section 2.14. Business Subsidies............................................................._............,... ........7 Section 2.15. County Road Costs. ............... ._.._...~~......................................................7 Section 2.16. Estimated Impact on Other Taxing Jurisdictions............ ...................... ...... .8 Section 2.17. Supporting Documentation....__------.—..._..-_.__...^....,.....-...~.8 Section 2.18. DerimitinnnfTax Increment Revenues...........................................................8 Section 2.19. Modifications to the District....---..~......,.....-..._~~_-.—._—.--....._8 Section 2.20. Administrative Expenses. ......................... ... ..................... ........~..-._........Q Section 2.21. Limitation ofIncrement...... .........................................~.......---..... ... _[A Section 2.22. Use ofTax Increment............-...-..........~.._..................... , ............_.....]] Section 2.23. Excess Tax Increments. _~........___.................._....-.. .......... .................lT Section 2.24. Requirementsfor Agreements with Developer................ ...... ........ ......... -l2 Section 2.25. Asacuozoeot Aorennmezts. ................................................. .... ................. ..12 Section 2.26. Administration ofthe District....-......................................................... .....}2 Section 2.27. Annual Disclosure Requirements. ..............................^~ ..............................l3 Section 2.28. Reasonable Expectations. ....................~ ......................... ...-................. ..... 3 Section 2.29. Other Limitations wothe Use 0fTax Increment........................... .............-13 Section 2.30. ------,_.._.---.----.—..._....-.......^..,_......._.-T4 Exhibit A: Map of Development District l, Exhibit Map 0fProposed Tax Increment District No. 12 Exhibit Fiscal Analysis for Establishment ofDistrict i ARTICLE 1 — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Section 1.01. Forward. The following text represents a Modification to the Development Plan for Development District No. 1. This modification represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 1 (District). Generally, the substantive changes include these changes described in Article 2 in the Tax Increment Financing Plan for Tax Increment Financing District No. 12 (Plan). For further information, a review of the Development Program for Development District No. 1 is recommended. It is available from the City Administrator at City Hall. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Development District No. 1. ARTICLE 2— TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 12 Section 2.01. Forward. The City Council for the City of Stillwater (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 12 (the "District"), a redevelopment tax increment financing district, located in Development District No. 1. Section 2.02. Statutory Authority.. Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes §§469.124 through 469.134, inclusive, as amended, and Minn. Stat. §§469.174 through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This Article contains the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 12. Section 2.03. Statement of Objectives. The District is being created to facilitate the construction of a Hotel and Restaurant, public and private parking facilities, and right-of-way for sewer, water and storm sewer facilities. A Contract is expected to be between the City of Stillwater and Midnight Real Estate and based upon the commitments set forth in the Contract, development is likely to begin in 2017 and be completed in 2018. This Plan is also expected to achieve many of the objectives outlined in the Development Program for Development District No. 1. The activities contemplated in the Development Program and the Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Development District No. I and Tax Increment Financing District 12. Eligible site improvements costs and site preparation costs for the site include land costs of $1,150,000 demolition costs of $40,000, public improvement costs including sewer, water, curb, gutter and sidewalks of$50,000, and the cost of building the public portion of the parking ramp in the estimated amount of$2,400,000 for a total of$3,590,000. Section 2.04. Development Program Overview. I The City may transfer all or part of property previously acquired to the Developer, for public parking and private parking purposes. I Relocation — Relocation services, to the extent required by law, are available pursuant to Minn. Stat. Chapter 117 and other relevant state and federal laws, however, no relocation is expected. 3. The City may perform or provide for some or all necessary construction, relocation, demolition, and required utilities and public street work including storm sewer and percolating water control, pollution and hazardous waste abatement within the District if needed. Section 2.05. List of Expected Development Activities. I Hotel and Restaurant in Block 18 and Parking Structure. A Development contract is expected to be executed by the City of Stillwater and Midnight Real Estate, a Minnesota Limited Liability Company providing for the redevelopment of the District into a 64 room hotel, and a restaurant. In addition the Developer will construct a parking ramp to accommodate the parking needs of the Development, and a part of the parking facility will be devoted to public parking. Section 2.06. ProEty to be Included in the District. 1. The following parcels will be included in the District: Parcel Numbers 28.030.20.l 3.0159 28.030.20.13.0162 28.030.20.14.0039 Section 2.07. Classification of the District. The City, in determining the need to create a tax increment financing district in accordance with Minn. Stat. §§469.174 to 469.179, as amended, inclusive, find that the district, to be established, is a redevelopment district pursuant to Minn. Stat. §469.174, Subd. 10(a)(1) as defined below: 2 1. "Redevelopment district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (a) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; or 2. For purposes of this subdivision, "structurally substandard" means containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. 3. A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. 4. A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (a) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor. 5. For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 70 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. In meeting the statutory criteria,the City relied on the following facts and findings: n The District is a redevelopment district consisting of 3 parcels. 91 An inventory shows that parcels consisting of 70 percent of the area in the District are occupied by buildings, streets,utilities,paved or gravel parking lots or other similar structures. ❑x An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. 3 Pursuant to Minn. Stat. §469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of §273.111 or §273.122 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Section 2.08. Duration of the District. Pursuant to Minn. Stat. §469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within this Plan. Pursuant to Minn. Stat. §469.176, Subd. lb, the duration of the District will be 25 years after receipt of the first increment by the City. The date of receipt by the City of the first tax increment is expected to be 2018. If increment is received in 2018, the term of the District will be until 2043. The City reserves the right to decertify the District prior to the legally required date. Section 2.09. Original 'Tax Ca aci Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements. Pursuant to Minn. Stat. §469.174, Subd. 7 and Minn. Stat. §469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2017 for taxes payable 2018. Pursuant to Minn. Stat. §469.177, subds. 1 and 2,the County Auditor must certify in each year (beginning in the payment year 2017) the amount by which the original value has increased or decreased as a result of: 1 change in tax exempt status of property; 2� reduction or enlargement of the geographic boundaries of the district; 3. change due to adjustments, negotiated or court—ordered abatements; 4, change in the use of the property and classification; 5. change in state law governing class rates; or 6. change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC,no value will be captured and no tax increment will be payable to the City. The original local tax rate for the District will be the local tax rate for taxes payable 2017, assuming the request for certification is made before July 1, 2017. The Original Tax Capacity and the Original Local Tax Rate for the District appear in the table below. Pursuant to Minn. Stat. §469.174, Subd. 4 and Minn. Stat. §469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Tax Increment Financing 4 District No. 12, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The City requests 1.00 percent of the available increase in tax capacity beginning in the tax year payable 2018. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. ........... ...................................... Projected Estimated Tax Capacity upon Completion (PTC) $180,500 Original Estimated Net Tax Capacity (ONTC) -$ 13,290 Estimated Captured Tax Capacity (CTC) $167,210 Original Local Tax Rate 109.849% Estimated Annual Gross Tax Increment(CTC x Local Tax Rate) $183,678 Percent Retained by the City 100% Pursuant to Minn. Stat. §469.177, Subd. 4, the City shall, after a due and diligent search, accompany it's required for certification to the County Auditor or its notice of the District enlargement pursuant to Minn. Stat. §469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Plan by the municipality pursuant to Minn. Stat. §469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined after diligent search that no building permits have been issued in the District during the 18 months immediately preceding approval of the Plan by the City: None. Section 2.10. Sources of Revenue/Bonded Indebtedness. a. Sources. Public improvements costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, site preparation costs and other costs outlined in the Use of Funds will be financed through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the City and the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from developers and investment income, to pay for the estimated public costs. ............--.- ............... REVE,NIJES AND 6TIJER FINANCING SOURCES BIJDGET AMOUNT (OFSs) ................. ............ .............................-------- Tax Increment Revenue $4,530,172 ............ ..................... Interest and Investment Earmt -0- ----------- --Total -------- ........Estimated P I ect/Revenues $4,530,172 5 Section 2.11. Uses of Funds. Currently under consideration for the District is a proposal to facilitate construction of the improvements listed in Section 2.03 of the Plan. The City has determined that it will be necessary to provide assistance to the project for certain costs, however, the exact amount of assistance is undetermined at this time. The City has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. ............................. EXPENDITURES AND OTHER FINANCING USES BUDGET AMOUNT O.I Js . ........ ..... .... ......--.................._ ................................ w.. ..........__ ............. ..... Land/building acc uisition up to $1,500,000 Site ins)rovernents0 re aration costs up to 40, 000 Other Public Improvements LIP to 2,450,000 Administrative Costs a to _ __.. 250,000 Estimated Interest 1i.?opens a to IT_mm�IT 50,00....... .. Total Estimate Project Costs to be paid from Tax Increment 4,290,000 Estimated Financing Total amount of Bonds to be issued: a as you go only a to $3,450,000 The above budget is organized according to the Office of State Auditor (OSA) reporting forms. Estimated costs associated with the District are subject to change among categories without a modification to this Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to Minn. Stat. §469.1763, Subd. 2, no more than 10%of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Development District No. 1, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this Plan. Section 2.12. State Tax Increment Financing Aid Local Contribution). Minn. Stat. §273.1399 (LGA/HACA penalty) was repealed by the 2001 Legislature and does not apply to the District. If required by future legislation, it is the City's intention to consider taking the steps necessary to preserve state—paid local government aid. Section 2.13. FiscalDisparities flection. Pursuant to Minn. Stat. §469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to Minn. Stat. §469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply: 6 1. The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. 2. The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of(A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the City Elected. The City chooses to calculate fiscal disparities by clause A. Section 2.14. Business Subsidies. To the extent applicable, the City agrees to comply with Minn. Stat. §116J.993 to I I6J.994, which states that a local unit of government granting financial assistance to a business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving the assistance. The City has heretofore established business subsidy criteria, all of which is on file with the City Administrator. Section 2.15. County Road Costs. Pursuant to Minn. Stat. §469.175, Subd. 1 a,the county board may require the City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the City within forty-five days of receipt of this Plan. In the opinion of the City and consultants, the proposed development outlined in this Plan will have little or no impact upon county roads. 7 Section 2.16. Estimated Impact on Other Taxing Jurisdictions. The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the Plan would occur without the creation of the District. However, the City has determined that such development or redevelopment would not occur"but for"tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District is first calculated as if the "but for"test was not met in the Estimated Impact on Other Taxing Jurisdiction Report page of the Fiscal Analysis attached as Exhibit C. The same page of the Fiscal Analysis attached as Exhibit C, displays the captured tax capacity when all construction is completed. The tax rate used for calculations is the final 2017 rate. The District will be certified under the actual 2017 rates. Section 2.17. Supporting Documentation. Pursuant to Minn. Stat. §469.175, Subd. I a, clause 7, the Plan must contain identification and description of studies and analyses used to make the determination set forth in Minn. Stat. §469.175, Subd. 3, clause (2) and the findings are required in the resolution approving the TIF district. A list of reports and studies that support the City's findings is on file at the City. Section 2.18. Definition of Tax Increment Revenues. Pursuant to Minn. Stat. §469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources. 1, taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under Minn. Stat. §469.177; 2. the proceeds from the sale or lease of property, tangible or intangible, purchased by the authority with tax increments; 3. repayments of loans or other advances made by the authority with tax increments; and 4. interest or other investment earnings on or from tax increments. Section 2.19. Modifications to the District. In accordance with Minn. Stat. §469.175, Subd. 4, any: L reduction or enlargement of the geographic area of Development District No. I or the District; I increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; 8 3. increase in the portion of the captured net tax capacity to be retained by the City; 4. increase in total estimated tax increment expenditures; or 5. designation of additional property to be acquired by the City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original Plan. Pursuant to Minn. Stat. §469.175, Subd. 4(b), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of Minn. Stat. §469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from Development District No. I or the District; and (2) (a)the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (b) the City agrees that, notwithstanding Minn. Stat. §469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Tax Increment District No. 12. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. Section 2.20. Administrative Etc erases.. In accordance with Minn. Stat. §469.174, Subd. 14, and Minn. Stat. §469.176, Subd. 3, administrative expenses means all expenditures of the City, other than: I. amounts paid for the purchase of land; 1 amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Minn. Stat. §469.178; or 5. amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in sections 1 to 3. Tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total tax increment 9 expenditures authorized by the Plan or the total tax increment expenditures for Tax Increment District No. 12, whichever is less. Pursuant to Minn. Stat. §469.176, Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15th of the year following the year the expenses were incurred. Pursuant to Minn. Stat. §469.177, Subd. 11, the county treasurer shall deduct an amount (currently at .25 percent) of any increment distributed to the City and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Section 2.21. Limitation of Increment. Pursuant to Minn. Stat. §469.176, Subd. 6: "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to Minn. Stat. §469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by December 31 st of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and(3) substantial reconstruction or rebuilding of an existing street." 10 The City or a property owner must improve parcels within the District by approximately May 16, 2021 and report such actions to the County Auditor. Section 2.22. Use of Tax Increment. The City hereby determined that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. to pay the principal of and interest on notes and bonds issued to finance a project; 2. to finance, or otherwise pay the cost of redevelopment of projects pursuant to Minn. Stat. §§469.124 to 469.134; 3. to pay for project costs as identified in the budget set forth in the Plan; 4. to finance, or otherwise pay for other purposes as provided in Minn. Stat. §469.176, Subd. 4; 5. to pay principal and interest on any loans, advances or other payments made to or on behalf of the City or for the benefit of projects by a developer; 6. to finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal and interest on bonds pursuant to the Plan or pursuant to Minn. Stat. Chapter 462C., Minn. Stat. §§469.152 through 469.165, and/or Minn. Stat. §469.178; and T to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to Minn. Stat. Chapter 462C, Minn. Stat. §469.152 through 469.165, and/or Minn. Stat. §469.178. 8. to repay and retire loans made to the District by the City from other City funds. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by Minn. Stat. §469.176, Subd. 4. Tax increments generated in the District will be paid by Washington County to the City for the Tax Increment Fund of the District. The City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used by City administration (up to 10 percent) and the costs of public improvement activities inside and outside of the District. Section 2.23. Excess Tax Increments. Pursuant to Minn, Stat. §469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the Plan, including the amount 11 necessary to cancel any tax levy as provided in Minn. Stat. §475.61, Subd. 3, the City shall use the excess amount to do any of the following: 1, prepay any outstanding bonds; 2, discharge the pledge of tax increment therefore; 1 pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the City may, subject to the limitations set forth herein, choose to modify the Plan in order to finance additional public costs in Development District No. 1 or the District. Section 2.24. Re uirements for Agreements with Dewe#o er. The City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with City plans and ordinances. The City may also use the Agreements to address other issues related to the development. Pursuant to Minn. Stat. §469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the Plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Minn. Stat. §469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the City should the development or redevelopment not be completed. Section 2.25. Assessment A reernents. Pursuant to Minn. Stat. §469.177, Subd. 8, the City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the county assessor shall also certify the minimum market value agreement. Section 2.26. Administration of the District. Administration of the District will be handled by the City Administrator. 12 Section 2.27. Annual Disclosure Re uirements. Pursuant to Minn. Stat. §469.175, Subd. 5, 6 and 6a the City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. Minn. Stat. §469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by Minn. Stat. §469.175, Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. Section 2.28. Reasonable Expectations. As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Section 2.29. Other Limitations on the Use of Tax Increment. 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Development District No. 1 pursuant to the Minn. Stat. §469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in Minn. Stat. §469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in Minn. Stat. §469.1763, Subd. 5. 13 3. Red veto?— ent District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under Minn. Stat. §469.176, Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition, and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for the development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Section 2.30. Summary. The City of Stillwater is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Tax Increment Financing Plan for the District was prepared by Magnuson Law Firm, 324 Main Street South, Suite 260, Stillwater, MN 55082,telephone(651) 439-9464, fax (651)-439-5641. 14 ~, Awo- (3 0 CL 0 (n � MY i., /"�♦ �, � v�r 3nr ;teat ..a C �' � ass � s^ �� y,rt r " s _ a V a"s VYMIYa -is a 44 ? 'N sWNguo ns X1roc ya. 4as N N N ON .s iaaaavN hyG tG a s' x '18a ! F ra a 5 p� q� Is IT a) 17 •� g a wa St rm IT .19 V a I ares *' � 'd3 s � �ra � s A r"�a i � s � x� �x �.,. � �•�A uN i 1177 ar3,Yw xhml tanaa raise s "(1p$1 kN+F[k e Ya as .Y rc 'CAN'WMISYAKJOil sNV31aa -.. r acaa s 3Ao O'S J 0 a wrs as 3IVV9 � to *" aq ul cit �4> 04 to 4CrtN'to " G Iw � � `� ✓ art y' N Y aG "� as ti s d t a r �° Aawaw3 ma auu x u qtr ✓ n A811391�y any r u V La s Aa A3nVA 'dr' y^ an �s o n u(XVe a tn?� a3 rrtxasr Ta3N ».. wr`^^*w'vt d'+saa as ' 3arsro rs s sdt : a cw as cn� Y5 g I x 0'3J � " ' r MA � ~ - 3As ' 41 its p - r a x E$ �Ur oti' ,pry Mn/^ei +M T Ma � CJ (Y)_ N 00 LO �� V C N Oo 00 0 Exhibit EXHIBIT C District #12 Fiscal Analysis Projected Estimated Tax Capacity upon Completion (PTC) BMW (9,100,000) Original Estimated Net Tax Capacity (ONTC) -13,290 Estimated Captured Tax Capacity (CTC) 167,210 Original Local Tax Rule x109.849% Estimated Annual Gross Tax Increment (CTC x Local Tax Rate) 183,678 Percent Retained by the City 100% Page 1 It is estimated that the total amount of increment that will be generated over the life of this District is $4,591,950. The project will have little or no probable impact on the District in terms of Police and Fire protection, but should improve the parking availability in the Downtown by adding additional improved public parking spaces. No general obligation Bonds or other debt will be issued to support the project. The analysis is based upon the following assumption. Assume 2017 Tax Rates remain constant through term of the District City 57.321 County 27.791 ISD 834 20.390 Other 4.345 i_09.849 The estimated tax increments over the life of the District attributable to the School District levies assuming the School District share of the total local tax rate;remains the same is$34,094.12 per year. The estimated amount of tax increments over the life of the District that would be attributable to County levies assuming the County's share of the total local tax rate remains the same would be $46,467.00 per year. However,since no development in the District would be expected but for the tax increment assistance provided for the project, the District is expected to have no adverse impact on the County and School District and a positive impact on both the County and District 834 once the District is decertified. Page 2 Property Assessment of N 232 N. Main Street, Stillwater, MN October 27,2016 T Prepared by: RE lJ TEreT NIZEMIANZEMERVINEM Reuter Walton Commercial, LLC 2915 James Ave S. #200 Minneapolis, MN 55408 Page 1 of 27 Table of Contents Table of Contents ....., .....,.. ........,., ......... ........ ......... .........».,.,.. 3 Executive Summary .......—............. ............ ........... .............., 4 BuildingAnalysis .................. . .... ........ .............................. .,........,.,,.. . »..,., 5 1) Site 2) Substructure 3) Shell 4) Interiors 5) Services 6) Equipment and Furnishings Appendix1—Summary of Costs .............................................................................................................. 8 Appendix 2—Property Photographs .........................................____..................,.................................... 10 Appendix 3—Parcel Tax Data for 232 N. Main and 220 Myrtle ....,............................................... 23 Appendix 4—Summary of Building Permits ................ ...... ......................................,........ 27 Page 3 of 27 Executive Summary The subject building is a 5,417 SF two-story commercial structure built on 0.58 acres of land fronting North Main Street in Stillwater, MN. The building is a wood framed structure with brick exterior,flat and pitched roofs,and appears to be 45 to 50 years in age.There is no basement.Over its life has housed an optometrist,a movie distribution company,and currently houses a media company. We visited the subject property September 30,2016 and were provided access to the interior on both the ground floor and upper levels. History: Public records indicate seven building permits filed at the subject address over the last 18 years including re-roofs in 1998 and 2011,some window replacements in 2008 and 2012,as well as four other general building permits for interior changes to the building. The building and its associated parking sold in 2008 for$787,500. Prior to that it had sold for$929,868 and our understanding is that the 2008 sale was a purchase out of foreclosure from a Bank. The land for the two parcels associated with the 2008 sale is assessed at$450,600 and the Washington County tax records indicate a structure value of $251,400. Based on the 2008 sales data,the value of the structure is$336,900 or$62.19/sf. Exterior summary: The property has had significant maintenance deferred in recent years and is exhibiting several separate indications of significant building settlement. The northwest corner of the building has settled over 1", with the exterior brick and windows exhibiting cracking and stress resulting from the settlement. The Northwest corner has suffered more significant settlement exceeding two inches, and many of the bricks are cracked in half with a 1"gap exhibited at the top of the wail between the pieces of brick that were formerly connected. NO effort has been made to seal or tuck point the cracks,allowing weather to penetrate the building as long as the cracks have been in existence. More settlement is evident in the center of the structure as the existing flat roof has lost its slope to the exterior scuppers and a large are of ponding is evident in the center. This ponding has promoted the collection of dust and dirt, allowing growth of vegetation on the roof accelerating the decay of the roof membrane. The sidewalks and building approaches do not meet current Americans with Disabilities Act guidelines for handicapped accessibility. Interior Summary: The interior of the building consists of wood framed structure, exposed aggregate concrete floors,and gypsum board walls. There is no elevator to provide access to the second level offices. The restrooms do not provide adequate clearances to comply with handicapped accessibility guidelines. The stairs and railings do not comply with current fall protection requirements for children. The floors are cracked and settling unevenly,and the exterior walls at the Northwest and Northeast corners of the building are cracked and exhibiting distress from the settlement of the foundation in those corners. Windows in these areas are distressed and exhibiting signs of leakage. HVAC systems have reached the end of their useful lives. Opinion of Cost: The costs to rectify the building deficiencies noted above would exceed$350,000. We have included a detail of expected costs in Appendix P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\Pmperty Condition Report 10.27.16„docx Page 4 of 27 1) Site a) Accessibility 0 The building does not have anexterior entrance that meets current Americans with Disabilities Act requirements for handicapped approach. One of the entrances must be reconstructed toprovide alevel landing area onthe exterior side ofthe door. Construction mfthe landing atthe front door will require removal ofapproximately 12OSFofwalk, installation ofafrost stoop,and re-installation ofthe concrete sidewalk tothe parking lot. 2) Substructure a) Foundations i) Many areas are exhibiting significant settlement nfthe structure. Because the building ia located in the flood plain,it is possible that this settlement is due to consolidation of the soils under the weight ofthe building during periods ofsignificant flooding|mthe spring. There may be no settlement for periods of time,then significant compression of the soils during flooding events. ii) At Northeast corner of building,the foundation has settled approximately 1"resulting in mis-a|ignedwindows and cracking ofbrick. Need tostabilize the soil beneath the existing footings with helical piers,then remove the brick, re-level the exterior walls,solid grout between the old slab and the re-leveled sill plate, level the slab inside the room, remove and repair the direct-glazed window,and re-install the brick. iii) At the northwest corner of the building,foundation has settled approximately 2" resulting in mis-alignedxxindovvs and cracking ofbrick. Need tostabilize the soil beneath the existing footings with helical piers,then remove the brick, re-level the exterior walls,solid grout between the old slab and the re-leveled sill plate, level the slab inside the room, remove and repair the direct-glazed window, and ne'instaUthe brick. iv) The foundations inthe center ofthe building are exhibiting settlement. DecauseheUco| piers cannot beinstalled inthe center ofthe building, need todisconnect the column from the beams i1issupporting,and re-level the roof beam structure. Rather than re-connect with a fixed connection,one should install an adjustable jack to allow re-leveling of the roof in that area as the footing is expected to continue to settle over the balance of the life of the building. 3) Shell a) Superstructure |) The superstructure of the building will have to be significantly re-worked in accordance with the foundation repairs listed above. b) Exterior Enclosure i) Brick (1) Approximately 1O%mfthe exterior ofthe building needs tuck-pointing(248SF) (2) Sealants at multiple brick connections to other skin materials are failing and need tPbe removed and replaced. ii) Fascia and Soffit (1) Wood fascia and soffits are rotten in various locations around the perimeter of the building. Remove rotten trim and replace ,*m^oProject poes\s*imatu*m/°m=,Hate w*^*ngBuild'ng\P=,°n,wnd**"^,part m.27.z^.d"= iii) Sealants at direct glazed windows (1) Many of the windows of the building are built directly into the brick skin of the building without a manufactured frame. At these locations,window sills inside building indicate moisture intrusion through the direct-glazed windows. Examination reveals sealant at these windows has failed in numerous locations. Because the windows are direct glazed,they cannot be replaced and we recommend removal and re-installation of backer rod and sealant. Ownership should anticipate these sealants will need to be inspected annually and complete replacement should be anticipated every 8-10 years. iv) Several windows are glazed with single-pane glazing. Recommend re-glazing with dual-pane for energy efficiency. c) Roofing i) All flat roofs have reached the end of their useful lives. Growth of weeds and trees on top of the roof indicates poor maintenance over many years. Soft'sponginess' under rooftop pavers indicates failure of the roofing insulation or structural decking beneath it. Recommend full replacement of all flat roofs and roofing insulation. 4) Interiors a) Interior Construction i) Restrooms layouts clearances do not meet current Accessibility codes. Recommend re- building men's and women's restrooms to meet code required clearances. ii) Door hardware does not meet code for current ADA compliance. Recommend replacement of all hardware to ADA compliant type. iii) Interior fireplaces are wood burning, but have been capped due to City of Stillwater ordinance. Recommend removal of the fireplace structures to reclaim usable floor area at fireplace locations (4 each) iv) Doors into offices do not meet current code for ADA compliance and need to be replaced with 34" clear doors. v) Exposed wood interior finishes are not flame-spread rated. vi) The Mechanical room is not enclosed within a 1-hour fire rated assembly with 20-minute rated door. b) Stairs i) Stair and balcony railings do not meet current code for pass-through of 4"sphere. Add vertical pickets to reduce gaps to 3.875"or less. ii) Stair handrail needs second ADA rail added at 34"above stair nosing. 5) Services a) Conveying i) There is no elevator to service the second level,but with occupancy under 3000 SF no elevator is required. b) HVAC i) Furnaces and Air Conditioning units have reached the end of their useful lives. c) Fire Protection i) Building is not sprinkled. Our understanding is current Stillwater code requires fully addressable NFPA-13 sprinkler systems for buildings of this occupancy type. d) Electrical i) Several track lights are wired with exposed Romex cable. All exposed wiring must be encased in conduit. P:\2016 Project Files\Estlmating\Stillwater Hotel\Existing Building\Property Condition Report 10.27.16(1).doa Page 6 of 27 ii) Lighting quantity and photometric density does not meet code requirements for office usage. Additional fixtures will be required,or the replacement of current fluorescent fixtures with higher output fixtures will be required. P:\2016 Project Flies\Estimating\StIII Water Hotel\Existing Bullding\PropertyCondkIon Report 10.27.16(1).dom Page 7 of 27 Appendix I—Summary of Cost Required to bring building uptocurrent commercial standards Cost Estimate Estimated 1) Site cost a) Accessibility i\ Rebuild exterior entrance toADA standards 2,600 2) Substructure a) Foundations I) Stabilize,re-|eve|, and repair building atNortheast settlement location G(lOOO ii) Stabilize, ne-lave[and repair building mtNorthwest settlement location 100,000 iii) Stabilize, re-level,and repair center' 15,000 3) Shell b) Exterior Enclosure |) Brick (1) Approximately 10%of the exterior of the building needs tuck- pointing(240 SF) uck-pointing/24OSq §/]UO (2) Sealants atbrick connections toother skin materials are failing and need toberemoved and replaced. 3'000 iU Fascia' 1,500 iii} Re-�|aoesea|antsat�irect�|�xedvvin��s. ' 4,000 iv) Re-glaze paneQ|a��win�ows. ' 2,000 c) Roofing U Re-roof building 35,700 4) Interiors a) interior Construction I) Re-build restro�nnsto meet requirements.' 30,000 ii\ Door' 3,000 iii) Interior' 10,000 iv) Doors need tobereplaced with 34"clear doors. 18,000 v\ Interior finishes are not flame-spread rated. ,*m/*Project nlesn*im**mSt//w"*,,m°wm**ngu"/a/ng\Pmp""'m"oxm"Report`^27,z^w*^cx vi) The Mechanical room is not enclosed within a 1-hour fire rated assembly with 20-minute rated door. 5,000 b) Stairs i) Stair and balcony railings do not meet current code 7,500 ii) Stair handrail needs second ADA rail added at 34"above stair nosing. 850 c) Interior Finishes 5) Services c) HVAC i) Furnaces and Air Conditioning units have reached the end of their useful lives. 19,750 d) Fire Protection i) Sprinkle with NFPA-13 sprinkler system. 27,500 e) Electrical i) Several track lights are wired with exposed Romex cable. All exposed wiring must be encased in conduit. 1,000 ii) Increase photometric density. 3,000 Total 355,400 P.A2016 Project Files\E.sttma[Ing\Stillwater Hotel\Existing BrdldingAProperty Conditlon Report 18.27.16(l).donr Page 9 of 27 Appendix 2—Site Photos IL r Sidewalk approach to building as�, � a a _ Amp of waallik to did av44 to mti ADA � Entry does not meet accessibility standards P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\Property Condition Report 10.27.16(1).doa Page 10 of 27 d r pp �r it r op �; �Glllr� 1 fit yy r ' Settlement at the Northeast corner ti 9 row !F J r� ,r /ill Bricks cracked at Northeast Corner PA2016 Project Flies\Estimating\Stillwater Hotel\Existing Building\Property CondFtion Report 10.27.16(1).doac Page 11 of 27 Ae, A Window leaking at Northeast corner because of settlement repaired with surface applied boards i i i r r, I�i wi�i� y'i "rv'Ir•`" r dot � H � '� '" r � '� ��'"' � �""i ,� is Z> ��lg� :��y✓�� A Exterior trim at direct-glazed windows is rotting. P:\2016 Project Files\Estlmating\Stillwater Hotel\Existing Building\Pmperty Condition Report 10.27.16(1).doa Page 12 of 27 Vn uV "'VINkW 'mwk,J,t,. JrJI. ryy I� l A y 'a Settlement at Northwest corner N A / Cracking brick and mortar at Northwest corner P:\2016 Project Files\Est!mat ing\Stillwater Hotel\Existing Building\Property Condition Report 10.27.16(1).doa Page 13 of 27 i u o 1 I r r 4 II I I Q�14ll�1 �I I li illi�� I �� E III p9 I iii�� Y I 'u Y I i I I � V'�IIII VIIIIVI�� i!i 'I S" Wr Detail of split brick and water intrusion at Northwest corner. P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\Pmperty Condition Report 10.27.16(1).door Page 14 of 27 u r- �m r , Rotting Fascia &a;• ��, yew �, i a / ' � � l u�o o i- t y t B y 9 Rotting fascia and failing sealants P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\Property Condition Report 10.27.16(l).do« Page 15 of 27 rj I li P �9yk Ip N Window rotating away from wall as wall settles P:\2016 Project Files\Estimating\5tillwater Hotel\Existing Building\Property Condition Report 10,27.16(1).dooc Page 16 of 27 § } . �f Z \ j Direct glazed window detail P:\2016 Project_ _ng\S___4_#_ perty ConditionRep m 10 27.16(1).do� Page 17@2 "rj r i' r; Interior sills indicate water leakage Of soala win0ow ,, i M I. r m r d ti r Sealants at windows direct-glazed g do s are failing P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\PropertyCondition Report 10.27.16(1).doa Page 18 of 27 i Bathrooms do not meet ADA handicapped guidelines P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\Property Condition Report 10,27.16(1).dou Page 19 of 27 I< l i i ii I� I Interior Doors do not meet ADA handicapped guidelines P:\2016 Project Files\Estimating\Stillwater Hotel\Existing Building\Property Condition Report 10.27.16(1).doa Page 20 of 27 _•o I t� d v J` r ,u. w Uwr re -aMw ow i, Wood burning fireplaces a U Trim inside exhibits extent of settlement P;\2016 Project Files\Estimating\5611water Hotel\Existing Building\Property Condition Report 10.27.16(1).do" Page 21 of 27 I Roofing is back-pitched and does not drain Cracking Floor demonstrates differential interior settlement P:\2016 Project Files\Estimating\Stl Ilwater Hotel\Existing Bullding\Property Condition Report 10.2716(1)dom Page 22 of 27 10031/2016 a radix: -�Parcel Tax Datan � '� ,..�,� u, Parcel Number: 2£3.030.20.14.0039 Property Address 232 MAIN ST N STILLWATER,MN 55082 MAPS Class: CBI Legal Description: ALL THAT PART OF LOTS 2,3,4,5,6 AND 8,OF BLOCK 18 OF THE ORIGINAL TOWN,NOW CITY OF STILLWATER,WASHINGTON COUNTY,MINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2,BLOCK 18,ORIGINAL TOWN OF STILLWATER, WASHINGTON COUNTY,MINNESOTA,THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 2 FOR 50.00 FEET;THENCE SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 2 FOR 10.0 FEET;THENCE WESTERLY AND PARALLEL WITH SAID NORTHERLY LINE OF LOT 2 FOR 100.0 FEET TO SAID WESTERLY LINE OF LOT 2;THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF LOT 2 FOR 40.0 FEET TO THE SOUTHWESTERLY CORNER THEREOF;THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2 FOR 125.0 FEET TO THE NORTHWESTERLY CORNER OF THE EASTERLY 25.0 FEET OF LOT 3 SAID BLOCK 18;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID EASTERLY 25.0 FEET OF LOT 3 AND ALONG THE EASTERLY LINE OF THE EASTERLY 25.0 OF LOT 4 SAID BLOCK 18 FOR 100.0 FEET TO THE NORTHERLY LINE OF LOT 5 OF SAID BLOCK 18;THENCE WESTERLY ALONG SAID NORTHERLY LINE OF LOT 5 FOR 15.0 FEET;THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE SOUTH LINE OF SAID LOT 5,SAID POINT BEING 93.0 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER OF SAID LOT 5, AS MEASURED ALONG SAID SOUTHERLY LINE OF LOT 5;THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF LOT 5 FOR 7.0 FEET;THENCE SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF LOT 6 OF SAID BLOCK 18,FOR 32.0 FEET;THENCE EASTERLY AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 6 FOR 50.0 FEET TO THE EASTERLY LINE OF SAID LOT 6;THENCE NORTHERLY ALONG SAID EASTERLY LINE OF LOT 6 FOR 1.56 FEET,MORE OR LESS,TO ITS INTERSECTION WITH A LINE DRAWN EASTERLY AND PARALLEL WITH THE NORTHERLY LINE OF MYRTLE ST. FROM A POINT IN SAID WESTERLY LINE OF LOT 6,SAID POINT BEING 18.0 FEET NORTHERLY,AS MEASURED ALONG SAID WESTERLY LINE OF LOT 6,FROM THE SOUTHWESTERLY CORNER OF SAID LOT;THENCE EASTERLY AND PARALLEL WITH SAID NORTHERLY LINE OF MYRTLE ST.FOR 66.0 FEET TO A POINT 84.0 FEET WESTERLY OF THE WESTERLY LINE OF MAIN ST.,AS MEASURED ALONG SAID LINE PARALLEL WITH NORTHERLY LINE OF MYRTLE ST.;THENCE NORTHERLY AND PARALLEL WITH SAID WESTERLY LINE OF MAIN ST.FOR 52.7 FEET TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 434.0 FEET NORTHERLY OF SAID NORTHERLY LINE OF MYRTLE ST.;THENCE EASTERLY AND PARALLEL WITH SAID NORTHERLY LINE OF MYRTLE ST.AND 434.0 FEET NORTHERLY THEREFROM FOR 84.0 FEET TO SAID WESTERLY LINE MAIN ST.;THENCE NORTHERLY ALONG SAID WESTERLY LINE OF MAIN ST.FOR 100.35 FEET TO A POINT IN SAID WEST LINE OF MAIN ST.,SAID POINT BEING 534.35 FEET NORTHERLY FROM SAID NORTHERLY LINE OF MYRTLE ST.,AS MEASURED ALONG SAID WESTERLY LINE OF MAIN ST.,THENCE WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF MULBERRY ST.FOR 150.0 FEET TO THE EASTERLY LINE OF SAID LOT 3 OF BLOCK 18;THENCE NORTHERLY ALONG SAID EASTERLY LINE OF LOT 3 AND ALONG THE EASTERLY LINE OF SAID LOT 2 FOR 75.84 FEET TO THE POINT OF BEGINNING.EXCEPT THE FOLLOWING DESCRIBED PROPERTY:ALL THAT PART OF LOT 2,BLOCK 18, OF THE ORIGINAL TOWN(NOW CITY)OF STILLWATER,WASHINGTON COUNTY,MINNESOTA,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2,BLOCK 18,ORIGINAL TOWN OF STILLWATER AS SURVEYED AND PLATTED,THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 2 FOR 50 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 2 FOR 10 FEET;THENCE WESTERLY AND PARALLEL WITH SAID NORTHERLY LINE OF SAID LOT 2 FOR 100 FEET TO SAID WESTERLY LINE OF SAID LOT 2;THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF SAID LOT 2 FOR 40 FEET TO THE SOUTHWESTERLY CORNER THEREOF;THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 2,TO THE SOUTHEASTERLY CORNER THEREOF;THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 2 TO THE POINT OF BEGINNING.BLOCK 18 LOT 3 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 4 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 5 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 6 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 8 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 2 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER Year Land Value Dwelling Value Improvement Value Total Value 2016 $300,600 $0 $251,400 $552,000 2015 $300,600 $0 $251,400 $552,000 *More Years... Land Information Lot Type Square Feet Acres Sq.Ft Rate 25,046 0.575 a#a.I n r. TI a 1.o¢ Q05Sale Date Amount Recording /22/2008 $787,500 Date Number Tag De-un, Tag Date Amount Reason 06/20/2012 2012-00414 No 01/01/2013 4,000 Replace Windows 01/25/2011 2011-.00040 No 01/01/201.2 3,585 Roofing _. 06/07/2010 10-00347 Na 01/01(2011 7,004 Misc 03/31/2010 10-00147 No 01/01/2011 7,000 _ Remodel Page 23 of 27 http:/ANashington.minnesotaassessors.com/parcel.php?parcel-2803020140039 13asb Layer Imagery On Imagery Off Oveolays 1>�Parcel Dimensions Water Roads Parcel Number U Sales from 10/1/15 to 9/30/16 Sales from 10/1114 to 9/30/15 Q Sales from 10/1/13 to 9/30/14 Y' r i 0 Search Legend �V Help up Tools F H, �k 9 � 1J I �Y II ��Ili ^ Page 24 of 27 IMI/2016 Washington Washington County :-:=Coat" s� a.rrJ Fli 4 wwf s Parcel Number: 28.030.20.13.0162 Property Address: STILLWATER, MAPS Class: C&I Legal Description: W 125FT OF BOTH LTS 3-4 BLK 18 BLOCK 18 LOT 3 SUBDMSIONCD 2695 SUBDMSIONNAME STILLWATER BLOCK 18 LOT 4 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER prion Year Value information Year Land Value Dwelling Value Improvement Value Total Value 2016 $150,000 $0 $0 $150,000 2015 $150,000 $0 $0 $150,000 YMore Years... Land,Information Lot Type Square Feet Acres Sq.Ft x Rate 12,500 0.287 C05/22/2008 D$787,U500 Recording ."A4 Mapslsatorm,.-�tion Page 25 of 27 http://washington.minnesotaassessors.corrVparcel.php?parcel=2803020130162 10/31/2016 Washington County base Layer Imagery On Imagery Off C Overlays 9 Parcel Dimensions Water L�✓S Roads Parcel Number 0 Sales from 10/1/15 to 9130/16 CJ Sales from 10/1/14 to 9/30/15 l�Sales from 10/1/13 to 9/30/14 i Search Legend Help Tools i r Page 26 of 27 http://Washington.minnesotaassessors.com/parcel.php?parcel=2803020130162 Appendix 4—Summa!y of Building Permits issued 1998—2016 232 N.Main Street,Stillwater, MN Permit date-Jun 26,2012 Permit Type Building Status Issued Permit# 2012-00414 Parcel# 2803020140039 Subtype Window replacement Permit date-Jan 25,2011 Permit Type Building Status issued Permit# 2011-00040 Parcel# 2803020140039 Subtype Rermmf Permit date-J in 7,2010 Permit Type Building Status issued Permit# 2010-00347 Parcel 2803020140039 Subtype Chimney repair Permiit date-Mar 31,2010 Permit Type Building Status issued Permit# 2010-00147 Parcel# 2803020140039 Subtype Remodel Permit date-Nov 18,2008 Permit Type Building Status Issued Permit# 2008-01463 Parcel# 2803020140039 Subtype Window replacement Permit date-Mar 17 ,2008 Permit Type Building Status issued Permit# 2008-00193 Parcel# 2803020140039 Subtype Interior demolition Permit date-Feb 10, 1998 Permit Type Building Status Issued Permit# 1998-00027 Parcel# 2803020140039 Subtype Rexoof P:\mwProject m�Esum**m*o1w~m,vm°/vxw'nge"n^'wwpp""^ix+-List*Building Permits Issued w.u°" Page 27m27 TIF DIST. NO. 13 NOTICE OF PUBLIC HEARING OF THE CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Stillwater, County of Washington, State of Minnesota, will hold a public hearing on Tuesday, June 20, 2017, at approximately 7:00 p.m., at City Hall, 216 North Fourth Street, Stillwater, Minnesota, on the following matters: the proposed adoption of a modification to the Development Program for Development District No. 1, and the establishment of the Tax Increment Financing Plan for Tax Increment Financing District No. 13 within Development District No. 1, pursuant to and in accordance with Minnesota Statutes, §469.124 to 469.134 and 469.174 to 469.179. Attached as Exhibit "B" is the area of Tax Increment Financing District No. 13 and attached as Exhibit "A" is a map of Development District No. 1. A copy of the modified Development Program and the Tax Increment Financing Plan for Tax Increment Financing District No. 13 are on file and available for public inspection at the Office of the City Clerk. All interested persons may appear at the hearing and present their views orally or in writing. Dated: May 26, 2017 BY ORDER OF THE CITY COUNCIL /s/Diane F. Ward Diane F. Ward, City Clerk PUBLISH DATE: Friday, June 2, 2017 POSTED: Thursday, May 18, 2017 w Twin ci Lake --- K "" a. mer Derpartment � © P PD elopment CS Corporate Limb, istriict As exiMing 2 b M U. Q. Uy i Is rNY M> V b roMuR�" y d+ � M ✓ u n � F e � # o _200' SEE 'SAP PAGE 4L C P � ,,,.AbO 11 � � � � y 40tN{ "1M11 crraI inw IN vsA°wiMl; . d ••8. q. wrxxrar[CrEc w.wa r.wa PP � 10i 412 IWu w � Y " f }y NMyw" CI 6 ,j ��y F � 4�4 •-g !�f✓�1.�' { �,,. �p _Jr '" y dry w mA 01 a � . c"ll It . , �d:yva',rs� .key - "�° � �•C,, �}� ' �i�ar� { r G fy a -- Fr M.. any �' m d 1 �yLJ mti� y V" ro yp !r y j T q. �51 < LA2 KST R IX '� vturrr n�ry uwzr.r ws+ f p� PA.F'JT:L�1 hlA MVM fL�Yd W:P:.r6^ �YG}� y,M� 1 y u, "p�y'"u�Vy]1 p JP uN fl *c vi?: w k n C A D of 11 4 . It2 11 ,aM �5E p al Exhibit B W.• � ry ran � s � �� C .�T� h � '.; �, Y'.. LE p d rqFF MAP PASF fil PAGER, RESOLUTION NO. CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA BEING A RESOLUTION APPROVING THE REMOVAL AND DECERTIFICATION OF CERTAIN PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 10, WITHIN DEVELOPMENT DISTRICT NO. 10, OF THE CITY OF STILLWATER WHEREAS, on June 20, 2017, the City of Stillwater (the "City") created its Tax Increment Financing District 13 ("District No. 13") within its Development District No. 1 (the "Project"). WHEREAS, the City is the authority that requested certification of the original net tax capacity of TIF District No. 10; and WHEREAS, the City desires by this Resolution to cause the removal and decertification of certain parcels within District No. 10, pursuant to Minn. Stat. § 469.177, Subd. 12(5), so that the parcels can be included in TIF District 13. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater that the City's staff shall take such action as is necessary to cause the County Auditor of Washington County to remove from Tax Increment District No. 10 and to decertify the following parcels now within Tax Increment District No. 10: Parcel Numbers 28.030.20.13.0159 28.030.20.13.0162 Dated: June 20,2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER COUNTY OF WASHINGTON STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 13 (A REDEVELOPMENT DISTRICT) AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR; THE TERMINATION OF TAX INCREMENT FINANCING, PURSUANT TO AND IN ACCORDANCE WITH MINNESOTA STATUTES §469.124 TO 469.134 AND 469.174 TO 469.179. BE IT RESOLVED by the City Council (the "Council") of the City of Stillwater, Minnesota(the "City"), as follows: Section 1. Recitals. 1.01 The City Council (the "Council") of the City of Stillwater (the "City") has heretofore established Development District No. 1 and adopted the Development Program therefor. It has been proposed by the City that it adopt a modification to the Development Program for Development District No. 1, the establishment of the Tax Increment Financing District No. 13 (a "Redevelopment District") and adopt Tax Increment Financing Plan (the "Plan") therefor, pursuant to and in accordance with Minnesota Statutes Sections 469.124 to 469.134 and 469.174 to 469.179. 1.02 The City has investigated the facts relating to this action and has caused the documents needed to take this action to be prepared. 1.03 The City has performed all actions required by law to be performed prior to establishment of the District and the adoption and approval of the Proposed Plan, Tax Increment Plan, including, but not limited to, notification of Washington County and Independent School District No. 834 having taxing jurisdiction over the property to be included in the District, notification of the County Commissioner in whose district the City is located, and the holding of a public hearing upon published notice as required by law. 1.04 Certain written reports (the "Reports") relating to the Plan and to the activities contemplated therein have been prepared by staff and submitted to the Council and made a part of the City files and proceedings on the Plan. The Reports include data, information and substantiation constituting or relating to the basis for the other findings and determinations made in this Resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this Resolution to the same extent as if set forth in full herein. 1.05 The City is amending the Development Program for Development District No. 1, to accommodate the establishment of Tax Increment Financing District No. 13,but is not altering the boundaries of Development District No. 1. Section 2. Findings for the Adoption and Approval of the Program. 2.01 The Council hereby finds that the Plans are intended and, in the judgment of such actions will be, to provide an impetus for development, having a public purpose and will accomplish the objectives as set forth in the Plan, which are hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 11. 3.01 The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10(a)(1). 3.02 The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plan conforms to the general plan for the development or redevelopment of the City as a whole; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the project by private enterprise. 3.03 The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reason and supporting facts for each determination in writing, attached hereby as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Modified Plan: Establishment of Tax Increment Financing District No. 1. 5.01 The Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established and adopted and shall be placed on file in the office of the City Administrator. There is established in the City within Development District No. 1, Tax Increment Financing District No. 13, the initial boundaries which are fixed and determined in the Plan. 5.02 The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Washington County is requested to certify the original net tax capacity of the District, as described in the Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Stillwater City Council is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04 The City Attorney is further authorized and directed to file a copy of the Plan with the Commissioner of Revenue. The Motion duly seconded by Council Member , and upon a vote being taken thereon,the following voted in favor thereof- Councilmembers: and and the following voted against the same: None. Dated: June 20,2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 13, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that Tax Increment Financing District No. 11 is a redevelopment district as defined in Minnesota Statutes. Section 469.174, Subd. I 0(a)(1). The District consists of 2 parcels. Each parcel is at least 70 percent occupied by buildings, streets, utilities, paved or gravel parking lots, or vacant, unused, inappropriately used rail yards, railroad right-of-way and excessive or abandoned railroad right-of-way. A parcel was not considered occupied unless it was at least 15%covered by buildings or paved parking lots. The total percentage of all qualifying property parcels was compared to the total area of all parcels to determine if the 70% requirement was met. The area occupied by public right-of-way has not been considered in the coverage test calculations. The study revealed that the total area of the District is covered. Therefore, 100% of the area is covered well in excess of the required 70%. Further - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations. The evaluators noted deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors. The inspection revealed substantial structural deficiencies in the structure. In order to correct existing deficiencies in existing structures it would cost 29.16% of the cost of constructing new structures of the same square footage and type on the site. The above information is contained in the Redevelopment Eligibility Report prepared by the LI-113, Inc., 701 Wayzata Avenue North, Suite 200, Minneapolis, Minnesota 55401 dated May 22, 2017, which report is on file in the Office of the City Clerk and which report is adopted by reference in these findings. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur within the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of tax Increment Financing District No. 13 permitted by the Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this Plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, and the cost of financing proposed improvements, development is feasible only through assistance, in part, from tax increment financing. The parcels in this site have remained undeveloped because of the high costs associated with building code compliance and the correction of deficiencies. This information is also contained in the Redevelopment Eligibility Reports. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Plan: The City supports this finding on the grounds that the cost of site and public improvements and utilities add unreasonably to the total redevelopment cost. Historically, site and public improvement costs in the plan area have made redevelopment unfeasible without tax increment assistance. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated in the plan area without substantially similar assistance being provided to the development. The City finds that no development would occur in the plan area without the assistance that can be provided with tax increment. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $5,549,135. The present value of tax increments from the District is estimated to be $2,196,975. It is the Council's finding that no development with a market value greater than $5,549,135 would occur without tax increment assistance in this district within 25 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of the District (see Cash flow analysis in Exhibit B of the TIF Plan). 3. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 13 conforms to the general plan for the development or redevelopment of the municipality as a whole. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 13 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Development District No. I by private enterprise. The site contains remnants of old foundations, and a substandard building, and ground water seepage have made development and redevelopment unfeasible. Redevelopment will require significant dewatering because of ground water seepage from the outcropping of limestone in the area. Redevelopment of Area with mixed uses that will provide maximum opportunity for the citizens of the City, consistent with the sound needs of the City for redevelopment of Area by private enterprise. 5. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. THE CITY OF STILLWATER MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 and the TAX INCREMENT FINANCING PLAN For the establishment of TAX INCREMENT FINANCING DISTRICT NO. 13 (A REDEVELOPMENT DISTRICT) within DEVELOPMENT DISTRICT NO. 1 Public Hearing for consideration of adoption June 20,2017 TABLE OF CONTENTS Page Article1 —.................... ......... ................... „».,,,..,..,,,,... .,,..... ...,...,,,.,.........,.,,............- ,.,......,,. 1 Modification to the Development PROGRAM for Development DISTRICT No. 1..........1 Section1.01, Forward.........................................................................«,...,,,.,,...,..,................1 Article2—....................................................................................................................................... 1 Tax Increment Financing Plan for Tax Increment Financing District No. 12...................1 Section2.01. Forward...........................................................................................................1 Section 2.02. Statutory Authority. ........................................................................................1 Section 2.03. Statement of Objectives..................................................................................1 Section 2.04. Development Program Overview. ..................................................................2 Section 2.05. List of Expected Development Activities.......................................................2 Section 2.06. Property to be Included in the District............................................................2 Section 2.07. Classification of the District. .,...,.....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2 Section 2.08. Duration of the District. ..................................................................................3 Section 2.09. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements. .——-...............—.—... ................. ....—...... ---4 Section 2.10. Sources of Revenue/Bonded Indebtedness. ....................................................5 Section2.11. Uses of Funds..................................................................................................5 Section 2.12. State Tax Increment Financing Aid (Local Contribution)..............................6 Section 2.13. Fiscal Disparities Election. .......... -- ..........-... ................................6 Section 2.14. Business Subsidies..........................................................................................7 Section 2.15. County Road Costs. ........................................................................................7 Section 2.16. Estimated Impact on Other Taxing Jurisdictions......... ........... .....................7 Section 2.17. Supporting Documentation.............................................................................8 Section 2.18. Definition of Tax Increment Revenues.....................................................,,....8 Section 2.19. Modifications to the District. ........---............... ......8 Section 2.20. Administrative Expenses, ,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, .................................,,,,,,,.9 Section 2.21. Limitation of Increment................................................................................10 Section 2.22. Use of Tax Increment....................................................................................10 Section 2.23. Excess Tax Increments. .................... ...... ...—-I I Section 2.24. Requirements for Agreements with Developer.............................................12 Section 2.25. Assessment Agreements. ..............................................................................12 Section 2,26. Administration of the District.............................................................„,,,,.....12 Section 2.27. Annual Disclosure Requirements. ................................................................12 Section 2.28. Reasonable Expectations. .............................................................................13 Section 2.29. Other Limitations on the Use of Tax Increment. ..........................................13 Section2.30. Summary.......................................................................... ............................14 Exhibit A: Map of Development District No. 1; Exhibit B Map of Proposed Tax Increment District No. 13 Exhibit C Fiscal Analysis for Establishment of District i ARTICLE 1 — MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 Section 1.01. Forward. The following text represents a Modification to the Development Plan for Development District No. 1. This modification represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 1 (District). Generally, the substantive changes include these changes described in Article 2 in the Tax Increment Financing Plan for Tax Increment Financing District No. 13 (Plan). For further information, a review of the Development Program for Development District No. 1 is recommended. It is available from the City Administrator at City Hall. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Development District No. 1. ARTICLE 2— 'TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 13 Section 2.01. Forward. The City Council for the City of Stillwater (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 13 (the "District"), a redevelopment tax increment financing district, located in Development District No. 1. Section 2.02. Statutory Auithority.. Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes §§469.124 through 469.134, inclusive, as amended, and Minn. Stat. §§469.174 through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"),to assist in financing public costs related to this project. This Article contains the Tax Increment Financing Plan (the "Plan") for Tax Increment Financing District No. 13. Section 2.03. Statement of Ob"ectiaee. The District is being created to facilitate the construction of an addition to a Hotel and rehabilitation of an existing Hotel. A Contract is expected to be between the City of Stillwater and the property owner and based upon the commitments set forth in the Contract, development is likely to begin in 2017 and be completed in 2018. This Plan is also expected to achieve many of the objectives outlined in the Development Program for Development District No. 1. The activities contemplated in the Development Program and the Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Development District No. I and Tax Increment Financing District 13. Eligible site improvements and preparation costs include demolition, flood proofing and dewatering, rehabilitation of substandard structures estimated costs at $840,000. Section 2.04. Development ProramOverview. 1. The City may perform or provide for some or all necessary construction, relocation, demolition, and required utilities and public street work including storm sewer and percolating water control, pollution and hazardous waste abatement within the District if needed. Section 2.05. List of Expected Development Activities. 1. Hotel. A substandard existing Hotel will be rehabilitated and 22 additional hotel rooms will be added. The completed project is expected to add $5,549,135 to the value of the District. Section 2.06. PropeLty to be Included in the District. 1. The following parcels will be included in the District: Parcel Numbers 28.030.20.41.0116 28.030.20.41.0118 Section 2.07. Classification of the District. The City, in determining the need to create a tax increment financing district in accordance with Minn. Stat. §§469.174 to 469.179, as amended, inclusive, find that the district, to be established, is a redevelopment district pursuant to Minn. Stat. §469.174, Subd. 10(a)(1) as defined below: I "Redevelopment district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (a) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; or 2 2, For purposes of this subdivision, "structurally substandard" means containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. 3. A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site, 4. A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (a) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor. 5. For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 70 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. In meeting the statutory criteria, the City relied on the following facts and findings: 19 The District is a redevelopment district consisting of 2 parcels. Z An inventory shows that parcels consisting of 100 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. 19 An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. Pursuant to Minn. Stat. §469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of §273.111 or §273.122 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Section 2.08. Duration of the District. Pursuant to Minn. Stat. §469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within this Plan. Pursuant to Minn. Stat. §469.176, Subd. lb, the duration of the District will be 25 years after receipt of the first increment by the City. The date of receipt by the City of the first tax increment is expected to be 2018. If increment is received 3 in 2018, the term of the District will be until 2043. The City reserves the right to decertify the District prior to the legally required date. Section 2.09. Original Tax Ca aci Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements. Pursuant to Minn. Stat. §469.174, Subd. 7 and Minn. Stat. §469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2017 for taxes payable 2018. Pursuant to Minn. Stat. §469.177, subds. 1 and 2,the County Auditor must certify in each year (beginning in the payment year 2017) the amount by which the original value has increased or decreased as a result of: I. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to adjustments, negotiated or court—ordered abatements; 4. change in the use of the property and classification; 5. change in state law governing class rates; or 6. change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTO, no value will be captured and no tax increment will be payable to the City. The original local tax rate for the District will be the local tax rate for taxes payable 2017, assuming the request for certification is made before July 1, 2017. The Original Tax Capacity and the Original Local Tax Rate for the District appear in the table below. Pursuant to Minn. Stat. §469.174, Subd. 4 and Minn. Stat. §469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Tax Increment Financing District No. 13, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The City requests 100 percent of the available increase in tax capacity beginning in the tax year payable 2018. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. 4 Projected Estimated Tax Capacity upon Completion(PTC) $128,416 Original Estimated Net Tax Capacity (ONTC) -$48,416 Estimated Captured Tax Capacity (CTC) $80,000 Original Local Tax Rate 109.849% Estimated Annual Gross Tax Increment(CTC x Local Tax Rate) $87,879 Percent Retained by the City 100% Pursuant to Minn. Stat. §469.177, Subd. 4, the City shall, after a due and diligent search, accompany it's required for certification to the County Auditor or its notice of the District enlargement pursuant to Minn. Stat. §469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Plan by the municipality pursuant to Minn. Stat. §469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined after diligent search that no building permits have been issued in the District during the 18 months immediately preceding approval of the Plan by the City: None. Section 2.10. Sources of Revenue/Bonded Indebtedness. a. Sources. Public improvements costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, site preparation costs and other costs outlined in the Use of Funds will be financed through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally applicable to the City and the Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from developers and investment income, to pay for the estimated public costs. REVENUES AND OTHER FINANCING SOURCES BUDGET AMOUNT OFSs) Tax Increment Revenue $2,196,975 .�..._._._._................. Interest and Investment Earnings -0- Total Estimated P.roect/Revenues $2,196,975 Section 2.11. Uses of Funds. Currently under consideration for the District is a proposal to facilitate construction of the improvements listed in Section 2.03 of the Plan. The City has determined that it will be necessary to provide assistance'to the project for certain costs, however, the exact amount of assistance is undetermined at this time. The City has studied the feasibility of the development 5 or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. EXPENDITURES AND OTHER FINANCING USES BUDGET AMOUNT OFUs) Land/buildingacquisition uuuWWW to -0- aration costs : to $840, 000 Other Public Improvements up to ...... _. Administrative Costs up to 25,000 Estimated Interest E pensc tip to Total Estimate Project Costs to be paid from Tax Increment 1140,000 Estimated Financing �ITIT Total amount of Bonds to be issued: pay as you_go only $840,000 The above budget is organized according to the Office of State Auditor (OSA) reporting forms. Estimated costs associated with the District are subject to change among categories without a modification to this Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to Minn. Stat. §469.1763, Subd. 2, no more than 10% of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Development District No. 1, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this Plan. Section 2.12. State Tax. Increment Financia Aid Local Contribution). Minn. Stat. §273.1399 (LGA/HACA penalty) was repealed by the 2001 Legislature and does not apply to the District. If required by future legislation, it is the City's intention to consider taking the steps necessary to preserve state—paid local government aid. Section 2.13. Fiscal Disparities Election. Pursuant to Minn. Stat. §469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to Minn. Stat. §469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply: 1. The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is 6 the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. 2. The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of(A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The City shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the City Elected. The City chooses to calculate fiscal disparities by clause A. Section 2.14. Business Subsidies. To the extent applicable, the City agrees to comply with Minn. Stat. §116J.993 to 116J.994, which states that a local unit of government granting financial assistance to a business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving the assistance. The City has heretofore established business subsidy criteria, all of which is on file with the City Administrator. Section 2.15. County Road Costs. Pursuant to Minn. Stat. §469.175, Subd. 1 a, the county board may require the City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the City within forty-five days of receipt of this Plan. In the opinion of the City and consultants, the proposed development outlined in this Plan will have little or no impact upon county roads. Section 2.16. Estimated Impact on Other Taxing Jurisdictions. The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the Plan would occur without the creation of the District. However, the City has determined that such development or redevelopment would not occur"but for"tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District is first calculated as if the "but for"test was not met in the Estimated Impact on Other Taxing Jurisdiction Report page of the Fiscal Analysis attached as Exhibit C. 7 The same page of the Fiscal Analysis attached as Exhibit C, displays the captured tax capacity when all construction is completed. The tax rate used for calculations is the final 2017 rate. The District will be certified under the actual 2017 rates. Section 2.17. Supporting Documentation. Pursuant to Minn. Stat. §469.175, Subd. la, clause 7,the Plan must contain identification and description of studies and analyses used to make the determination set forth in Minn. Stat. §469.175, Subd. 3, clause (2) and the findings are required in the resolution approving the TIF district. A list of reports and studies that support the City's findings is on file at the City. Section 2.18. Definition of Tax Increment Revenues. Pursuant to Minn. Stat. §469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources. 1. taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under Minn. Stat. §469.177; 2. the proceeds from the sale or lease of property, tangible or intangible, purchased by the authority with tax increments; 3. repayments of loans or other advances made by the authority with tax increments; and 4. interest or other investment earnings on or from tax increments. Section 2.19. Modifications to the District. In accordance with Minn. Stat. §469.175, Subd. 4, any: 1. reduction or enlargement of the geographic area of Development District No. I or the District; 2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; 3. increase in the portion of the captured net tax capacity to be retained by the City; 4. increase in total estimated tax increment expenditures; or 5. designation of additional property to be acquired by the City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original Plan. 8 Pursuant to Minn. Stat. §469.175, Subd. 4(b), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of Minn. Stat. §469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from Development District No. I or the District; and (2) (a)the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (b) the City agrees that, notwithstanding Minn. Stat. §469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Tax Increment District No. 13. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the Plan. Section 2.20. Administrative,,Expenses. In accordance with Minn. Stat. §469.174, Subd. 14, and Minn. Stat. §469.176, Subd. 3, administrative expenses means all expenditures of the City, other than: 1. amounts paid for the purchase of land; 2. amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3, relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Minn. Stat. §469.178; or 5., amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in sections 1 to 3. Tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total tax increment expenditures authorized by the Plan or the total tax increment expenditures for Tax Increment District No. 13, whichever is less. Pursuant to Minn. Stat. §469.176, Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15th of the year following the year the expenses were incurred. Pursuant to Minn. Stat. §469.177, Subd. 11, the county treasurer shall deduct an amount (currently at .25 percent) of any increment distributed to the City and the county treasurer shall 9 pay the amount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Section 2.21. Limitation of Increment. Pursuant to Minn. Stat. §469.176, Subd. 6: "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to Minn. Stat. §469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by December 31 st of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and(3) substantial reconstruction or rebuilding of an existing street." The City or a property owner must improve parcels within the District by approximately May 16, 2021 and report such actions to the County Auditor. Section 2.22. Use of Tax Increment. The City hereby determined that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: L to pay the principal of and interest on notes and bonds issued to finance a project; 2. to finance, or otherwise pay the cost of redevelopment of projects pursuant to Minn. Stat. §§469.124 to 469.134; 10 3. to pay for project costs as identified in the budget set forth in the Plan; 4, to finance, or otherwise pay for other purposes as provided in Minn. Stat. §469.176, Subd. 4; 5, to pay principal and interest on any loans, advances or other payments made to or on behalf of the City or for the benefit of projects by a developer; 6, to finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal and interest on bonds pursuant to the Plan or pursuant to Minn. Stat. Chapter 462C., Minn. Stat. §§469.152 through 469.165, and/or Minn. Stat. §469.178; and 7. to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to Minn. Stat. Chapter 462C, Minn. Stat. §469.152 through 469.165, and/or Minn. Stat. §469.178. 8. to repay and retire loans made to the District by the City from other City funds. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by Minn. Stat. §469.176, Subd. 4. Tax increments generated in the District will be paid by Washington County to the City for the Tax Increment Fund of the District. The City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used by City administration (up to 10 percent) and the costs of public improvement activities inside and outside of the District. Section 2.23. Excess Tax Increments. Pursuant to Minn. Stat. §469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the Plan, including the amount necessary to cancel any tax levy as provided in Minn. Stat. §475.61, Subd. 3, the City shall use the excess amount to do any of the following: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefore; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the City may, subject to the limitations set forth herein, choose to modify the Plan in order to finance additional public costs in Development District No. 1 or the District. 11 Section 2.24. Requirements for Agreements with Developer. The City will review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with City plans and ordinances. The City may also use the Agreements to address other issues related to the development. Pursuant to Minn. Stat. §469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the Plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Minn. Stat. §469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the City should the development or redevelopment not be completed. Section 2.25. Assessment Agreements. Pursuant to Minn. Stat. §469.177, Subd. 8, the City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the county assessor shall also certify the minimum market value agreement. Section 2.26. Administration of the District. Administration of the District will be handled by the City Administrator. Section 2.27. Annual Disclosure Requirements. Pursuant to Minn. Stat. §469.175, Subd. 5, 6 and 6a the City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. Minn. Stat. §469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by Minn. Stat. §469.175, Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. 12 Section 2.28. Reasonable Ex2ectations. As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Section 2.29. Other Limitations on the Use of Tax Increment. 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Development District No. 1 pursuant to the Minn. Stat. §469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in Minn. Stat. §469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in Minn. Stat. §469.1763, Subd. 5. 1 Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under Minn. Stat. §469.176, Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition, and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for the development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City, including the cost of 13 preparation of the development action response plan, may be included in the qualifying costs. Section 2.30. Summary. The City of Stillwater is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Tax Increment Financing Plan for the District was prepared by Magnuson Law Firm, 324 Main Street South, Suite 260, Stillwater, MN 55082, telephone (651) 439-9464, fax (651)-439-5641. 14 EXHIBIT A MAP OF DEVELOPMENT DISTRICT NO. I tr -t Ir" , N n X 'd' 14 ..� o U) (1) /�\ �� y4C'7r 11701 v .. k . n s x aZ-13'V 419 :t « lAYWRY4 w � Lrd v m FTMbE 7M � t4. d, o � TAMn 13in+wN s� mr w'w 1 _ azl rr' As mw s § gooft (A8 mrt 9= sly;w+A yvtla ac"" !a `auo "air N i3,hV M NNrItiRdGlit"e'd41k " W, Noml '1iN(1OD'94 aaV4'7' � �i2'M � L1i ..Y �'A� q 'CA18'CVa11L;4dNf�hU t has ano to` '0 A� s .:7ntAraara7'� 4!'�1'rrcrru �+ 9HS.0V1 n MA'VA,.bpm. 'Ig a' 45i"• m �r � SM "G � 4 rtn YS �s 41AY8p�a " a m« ..rc7 o«nr w tr rulp �� n ❑�'�°�" cau+�c� ¢ "ate k kL A 1Y m atur ap �" r^r11 a p y 1 y esu a r a e aeaN o F AAa r, N w C 7 ,7 N o if y � 1rtw�ervNa�r1 `�' ''` � ,�• �� ' r` "d sa_ �w as ATnVA fi VIV o GJ my naxanna r a ° �ezrn NtprahsIVWyy a H ca , V, 4or M9.pun Wb '4w• 4� pNA.C'4@ � �^iYM� �14':25 NXX.Mif � e wp � N3AV�lVU"'Y ' '. 4'� 1bt7 WaWMM41J Wk{ Sfi+d4G�� ' 7f3 � ,u b an rbn EXHIBIT B MAP OF PROPOSED TAX INCREMENT DISTRICT NO. 13 a 200' SEE A ' PAGE 4L N „d � ^a-� � �'� MINN DNR UAV 47r'WA1EflS PRO TEC FED WaTER 82-1P- M 4104 r i r� d„ ospa„. 43 1wM 73 01 61 cn 0 5 ... ”-.. apa m NPS ra mom" °A. ,•a Y kt K4 r 0;, d'. ,x'X,,,wx.n., w✓x" �r µ n -p ri ' a WLµ G) YA, n a 4runraao " lzm p © m pw1Cq " x C) G ' CONDO ° O ( r Rw " , xz; � a W p F m93 k1 -A' x��r'"�rEx.2� � 22'4d '�..k.� xh a .�.0 Y Wµ9'"a 9 {rv","U"Y"f+T } 9 y„we'A"P w✓r✓ x"� ✓ANN � " �Z '""� xy� -� � fi �t ,�� rY f" � , 40 265L, s a �, - n *Aw �� . 5��r� ��. , LAKE TZ ST C RC71}� `war a.' Gr �+ ^' o e.,v sd> . MINN DNR DIV OF WATERS w �„•"{,'�"°� y, � A ,q PROTECTED WATER 02-1F +ev Seg Q p Y . .�. x.~r1 k,04;ra anfi xh"bit A a.a r � 51 A � p A �. r�3 W,�.� w, :✓ �,r�, ,5�� a�9tl v" �� (S1 d,,.. ,� I s�rr^�air na mrkenTa a��6 ..��-•°�x� �� P �x . .A._� E 6L C.PyrIPub 5 2006 Coy Gf SAlll—W, PAGE O L 07126i06 SEE MAP PAG EXHIBIT C District #13 Fiscal Analysis Projected Estimated Tax Capacity upon Completion (PTC) 128,416 (99100,000) Original Estimated Net Tax Capacity (ONTC) -48,416 Estimated Captured Tax Capacity (CTC) 809000 Original Local Tax Rule x109.849% Estimated Annual Gross Tax Increment (CTC x Local Tax Rate) 879879 Percent Retained by the City 100% Page 1 It is estimated that the total amount of increment that will be generated over the life of this District is $2,196,975. The project will have little or no probable impact on the District in terms of Police and Fire protection, but should improve the parking availability in the Downtown by adding additional improved public parking spaces. No general obligation Bonds or other debt will be issued to support the project. The analysis is based upon the following assumption. Assume 2017 Tax Rates remain constant through term of the District City 57.321 County 27.791 ISD 834 20.390 Other _4.345 109.849 The estimated tax increments over the life of the District attributable to the School District levies assuming the School District share of the total local tax rate; remains the same is $16,312 per year. The estimated amount of tax increments over the life of the District that would be attributable to County levies assuming the County's share of the total local tax rate remains the same would be $22,232.80 per year. However, since no development in the District would be expected but for the tax increment assistance provided for the project, the District is expected to have no adverse impact on the County and School District and a positive impact on both the County and District 834 once the District is decertified. Page 2 Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District Stillwater TIF District 13 Stillwater, Minnesota May 22,2017 Prepared For the City of Stillwater Prepared by: LHB,Inc. 701 Washington Avenue North, Suite 200 Minneapolis,Minnesota 55401 LHB Project No.170207 TABLE OF CONTENTS PART 1 — EXECUTIVE SUMMARY................................................................................ 2 Purpose of Evaluation................................................................................2 Scopeof Work...........................................................................................2 Conclusion....................................... ........ ......... ........................... ........3 PART 2 — MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS....... 3 A. Coverage Test...................................................................................... 3 B. Condition of Buildings Test...................................................................4 C. Distribution of Substandard Buildings................................................... 5 PART 3 — PROCEDURES FOLLOWED.........................................................................6 PART 4— FINDINGS ................. ...........,................. ......... .,............,...............M ......... .........6 A. Coverage Test................... ........ .................. ........ ....... ...,....6 B. Condition of Building Test............--.....—........... ..... .......... ...,.... 7 1. Building Inspection..................................... ..............................7 2. Replacement Cost.....................................................................7 3. Code Deficiencies .....................................................................8 4. System Condition Deficiencies..................................................8 C. Distribution of Substandard Structures..............................................— 9 PART 5 - TEAM CREDENTIALS.................................................................................. 10 APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code, Condition Deficiency and Context Analysis Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Stillwater TIF District 13 LHB Project No.170207 Page 1 of 11 Final Report PART 1 - EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Stillwater to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District ("TIF District") proposed to be established by the City. The proposed TIF District is bounded by Myrtle Street East,Water Street South and Chestnut Street East (Diagram 1). The purpose of LHB's work is to determine whether the proposed TIF District meets the statutory requirements for coverage,and whether one (1) building on one(1)parcel,located within the proposed TIF District,meet the qualifications required for a Redevelopment District. i J ri Diagram 1—Proposed TIF District SCOPE OF WORK The proposed TIF District consists of one (1) parcel with one (1) building. One (1) building was inspected on April 14,2017. A Building Code and Condition Deficiency Report for the building that was inspected is located in Appendix B. Stillwater TIF District 13 LHB Project No.170207 Page 2 of 11 Final Report CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Slalutesr Section 469.174, Subelit4sim 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: • The proposed TIF District has a coverage calculation of 100 percent which is above the 70 percent requirement. • 100 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard building is reasonably distributed. The remainder of this report describes our process and findings in detail. PART 2 - MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subeki)ix'on 10(c�,which states: INTERIOR INSPECTION "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." EXTERIOR INSPECTION AND OTHER MEANS "An interior inspection of the property is not required,if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property;and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." DOCUMENTATION "Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1)." QUALIFICATION REQUIREMENTS Minnesota Statutes, Section 469.174, Sub i"zision 10 (a) (1) requires three tests for occupied parcels: A. COVERAGE TEST ..."parcels consisting of 70 percent of the area of the district are occupied by buildings,streets, utilities,or paved or gravel parking lots..." Stillwater TIF District 13 LHB Project No. 170207 Page 3 of 11 Final Report The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes,Section 469.174,Subdivision 10(e),which states:"For purposes of this subdivision,a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures unless 15 percent of the area of the parcel contains buildings,streets,utilities,paved or gravel parking lots,or other similar structures." B. CONDITION OF BUILDINGS TEST Minnesota Statutes, Section 469.174, Subdivivion 10(a) states, "...and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" 1. Structurally substandard is defined under Minnesota Statutes,Section 469.174,Subdiiision 10(b), which states: "For purposes of this subdivision, `structurally substandard' shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities,light and ventilation, fire protection including adequate egress,layout and condition of interior partitions, or similar factors,which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." a. We do not count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b) defined as "structurally substandard", due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Ric) eld case filed November 13,2001. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria,as set forth in Subdivision 10(c)which states: "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs,or other similar reliable evidence." "Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on-site property tax appraisals or housing inspections,exterior evidence of deterioration, or other similar reliable evidence." LHB counts energy code deficiencies toward the 15 percent code threshold required by Minnesota Statutes, Section 469.174, Subrlii,rision 10(c)) for the following reasons: a The Minnesota energy code is one of ten building code areas highlighted by the Minnesota Department of Labor and Industry website where minimum construction standards are required by law. • Chapter 13 of the 2015 Minnesota Buildl'��g Code states, `Buildings shall be designed and constructed in accordance with the International Energy Conservation Code." Furthermore, Minnesota Rules, Chapter 1305.0021 Subpart 9 states, "References Stillwater TIF District 13 LHB Project No.170207 Page 4 of 11 Final Report to the International Energy Conservation Code in this code mean the Minnesota Energy Code..." w The Senior Building Code Representative for the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry confirmed that the Minnesota Energy Code is being enforced throughout the State of Minnesota. s In a January 2002 report to the Minnesota Legislature, the Management Analysis Division of the Minnesota Department of Administration confirmed that the construction cost of new buildings complying with the Minnesota Energy Code is higher than buildings built prior to the enactment of the code. • Proper TIF analysis requires a comparison between the replacement value of a new building built under current code standards with the repairs that would be necessary to bring the existing building up to current code standards. In order for an equal comparison to be made,all applicable code chapters should be applied to both scenarios. Since current construction estimating software automatically applies the construction cost of complying with the Minnesota Energy Code, energy code deficiencies should also be identified in the existing structures. C. DISTRIBUTION OF SUBSTANDARD BUILDINGS Minnesota Statutes,Section 469.174,Subdtz8ision 10,defines a Redevelopment District and requires one or more of the following conditions,"reasonably distributed throughout the district." (1) "Parcels consisting of 70 percent of the area of the district are occupied by buildings, streets,utilities,paved or gravel parking lots,or other similar structures and more than 50 percent of the buildings,not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) the property consists of vacant,unused,underused,inappropriately used, or infrequently used rail yards,rail storage facilities, or excessive or vacated railroad rights-of-way; (3) tank facilities, or property whose immediately previous use was for tank facilities..." Our interpretation of the distribution requirement is that the substandard buildings must be reasonably distributed throughout the district as compared to the location of all buildings in the district. For example,if all of the buildings in a district are located on one half of the area of the district,with the other half occupied by parking lots (meeting the required 70 percent coverage for the district),we would evaluate the distribution of the substandard buildings compared with only the half of the district where the buildings are located. If all of the buildings in a district are located evenly throughout the entire area of the district,the substandard buildings must be reasonably distributed throughout the entire area of the district. We believe this is consistent with the opinion expressed by the State of Minnesota Court of Appeals in the WalserAuto Sales, Inc. vs. City of Richfield case filed November 13, 2001. Stillwater TIF District 13 LHB Project No.170207 Page 5 of 11 Final Report PART 3 - PROCEDURES FOLLOWED LHB inspected one (1) building during the day of April 14,2017. PART 4 - FINDINGS A. COVERAGE TEST 1. The total square foot area of the parcel in the proposed TIF District was obtained from City records, GIS mapping and site verification. 2. The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records,GIS mapping and site verification. 3. The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. FINDING: The proposed TIF District met the coverage test under Minnesota MS`tattrter, Section 469.174, Subdiusion 10(e), which resulted in parcels consisting of 100 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities,paved or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota vS"talkies, Section 469.174, Subdiiiicion (a) (1). Stillwater TIF District 13 LHB Project No.170207 Page 6 of 11 Final Report 1 ll t w M f b;al 11 Diagram 2—Coverage Diagram Shaded area depicts a parcel more than 15 percent occupied by buildings,streets,utilities, paved or gravel parking lots or other similar structures B. CONDITION OF BUILDING TEST 1. BUILDING INSPECTION The first step in the evaluation process is the building inspection. After an initial walk- thru,the inspector makes a judgment whether or not a building"appears" to have enough defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. If it does,the inspector documents with notes and photographs code and non- code deficiencies in the building. 2. REPLACEMENT COST The second step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Mcans (;o t 'orlb _ c Mare fool models fcar 2017. Stillwater TIF District 13 LHB Project No. 170207 Page 7 of 11 Final Report A replacement cost was calculated by first establishing building use(office,retail,residential, etc.),building construction type (wood,concrete,masonry,etc.),and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in Stillwater,Minnesota. Replacement cost includes labor, materials, and the contractor's overhead and profit. Replacement costs do not include architectural fees, legal fees or other "soft" costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. 3. CODE DEFICIENCIES The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. Minnesota .STtatrales°,, Section 469.174, Subelit4son 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the current Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is actually a series of provisional codes written specifically for Minnesota only requirements, adoption of several international codes,and amendments to the adopted international codes. After identifying the code deficiencies in each building,we used R.S. Means {;ost. Works NIT;, nit and Assembly Cates to determine the cost of correcting the identified deficiencies. We were then able to compare the correction costs with the replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. FINDING: One (1) out of one (1) building (100 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes', Section 469.174, Subdh)ivion 10(c). Building Code, Condition Deficiency and Context Analysis reports for the buildings in the proposed TIF District can be found in Appendix B of this report. 4. SYSTEM CONDITION DEFICIENCIES If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subrlixaison 10(c), then in order for such building to be "structurally substandard" under Minnesota Stataltes, Section 469.174, Subnliaaision 10(b), the building's defects or Stillwater TIF District 13 LHB Project No.170207 Page 8 of 11 Final Report deficiencies should be of sufficient total significance to justify "substantial renovation or clearance." Based on this definition,LHB re-evaluated each of the buildings that met the code deficiency threshold under Minnesota Slellulex, Section 469.174, Subdit+vion 10(c), to determine if the total deficiencies warranted"substantial renovation or clearance"based on the criteria we outlined above. System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems,interior partitions, ceilings, floors and doors. The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of"service life" used up for a particular component unless it was an obvious part of that component's deficiencies. After identifying the system condition deficiencies in each building, we used our professional judgment to determine if the list of defects or deficiencies is of sufficient total significance to justify"substantial renovation or clearance." FINDING: In our professional opinion, one (1) out of one (1) building (100 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. This exceeds the 50 percent requirement of Subdivision 10a(1). C. DISTRIBUTION OF SUBSTANDARD STRUCTURES Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It is also important to look at the distribution of substandard buildings throughout the geographic area of the proposed TIF District(Diagram 3). FINDING: The parcels with substandard buildings are reasonably distributed compared to all parcels that contain buildings. In addition, the substandard buildings are reasonably distributed within the parcels that contain buildings. Stillwater TIF District 13 LHB Project No.170207 Page 9 of 11 Final Report I 111 fi 1 `4 Diagram 3—Substandard Buildings Shaded green area depicts parcels with buildings. Shaded orange area depicts substandard buildings. PART 5 - TEAM CREDENTIALS Michael A. Fischer, AIA, LEED AP- Project Principal/TIF Analyst Michael has 29 years of experience as project principal,project manager,project designer and project architect on planning, urban design, educational, commercial and governmental projects. He has become an expert on Tax Increment Finance District analysis assisting over 100 cities with strategic planning for TIF Districts. He is an Architectural Principal at LHB and currently leads the Minneapolis office. Michael completed a two-year Bush Fellowship,studying at MIT and Harvard in 1999,earning Masters degrees in City Planning and Real Estate Development from MIT. He has served on more than 50 committees, boards and community task forces,including a term as a City Council President and as Chair of a Metropolitan Planning Organization. Most recently, he served as Chair of the Edina, Minnesota planning commission and is currently a member of the Edina city council. Michael has Stillwater TIF District 13 LHB Project No. 170207 Page 10 of 11 Final Report also managed and designed several award-winning architectural projects, and was one of four architects in the Country to receive the AIA Young Architects Citation in 1997. Philip Waugh — Project Managerl77F Analyst Philip is a project manager with 13 years of experience in historic preservation,building investigations, material research, and construction methods. He previously worked as a historic preservationist and also served as the preservation specialist at the St.Paul Heritage Preservation Commission. Currently, Phil sits on the Board of Directors for the Preservation Alliance of Minnesota. His current responsibilities include project management of historic preservation projects, performing building condition surveys and analysis, TIF analysis, writing preservation specifications, historic design reviews, writing Historic Preservation Tax Credit applications, preservation planning, and grant writing. Phil Fisher—Inspector For 35 years,Phil Fisher worked in the field of Building Operations in Minnesota including White Bear Lake Area Schools. At the University of Minnesota he earned his Bachelor of Science in Industrial Technology. He is a Certified Playground Safety Inspector, Certified Plant Engineer, and is trained in Minnesota Enterprise Real Properties (MERP)Facility Condition Assessment(FCA). His FCA training was recently applied to the Minnesota Department of Natural Resources Facilities Condition Assessment project involving over 2,000 buildings. 0:\17proj\170207\400 Design\406 Reports\Final Report\170207 20170519 Stillwater TIF District 13 Redevelopment TIF Report.docx APPENDICES APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Stillwater TIF District 13 LHB Project No. 170207 Page 11 of 11 Final Report APPENDIX A Property Condition Assessment Surm-nary Shcct C y C O E C O � r y c m L m w 'O m R n 3 O V Q a v 3 N g �p m o> N o ` m r m T � V N c O) m d c N 'v 'a N d 7 o w � c m m a m � o. m to rn c V d x x d N rn c M o C; J2' N N o c m c m IL a d r ® a r rn m m � a a d V m 0 � C a F X h- R N d m L m d !n V � m d � E N N M O C H LL_ O ~ to C m m (n W O {tea d E N O a t e.. � L N y n w � 7 y m m M c d a 0 •+',,NJ 0 Y'..y C N_ Q O n LL N O N ® r r _ O C M 1 O a ''^^ a w E ice+ U N v/ I- 3 aa O 0 (n d H ® n J APPENDIX B Building Code,Condition Deficiency and Context Analysis Reports Stillwater TIF District 13 Building Code, Condition Deficiency and Context Analysis Report April 25,2017 Parcel No. &Building Name: Parcel A Water Street Inn Address: 101 Water Street South,Stillwater,Minnesota 55082 Parcel ID: 28.030.20.41.0116 Inspection Date(s) &Time(s): April 14,2017 1:30 PM Inspection Type: Interior and Exterior Summary of Deficiencies: It is our professional opinion that this building is Substandard because: - Substantial renovation is required to correct Conditions found. - Building Code deficiencies total more than 15%of replacement cost,NOT including energy code deficiencies. "Estimated Replacement Cost: $3,496,839 Estimated Cost to Correct Building Code Deficiencies: $1,019,505 Percentage of Replacement Cost for Building Code Deficiencies: 29.16% Defects in Structural Elements 1. The original building does not comply with current FEMA code for proper elevation above established flood plain levels. 2. The wood floor joists in the original building do not comply with FEMA code for acceptable building material that could be exposed to moisture intrusion in a flood plain. 3. Structural steel beams and columns are rusting and need to be protected per code. Combination of Deficiencies 1. Essential Utilities and Facilities a. There is no ADA code compliant access to the building. b. The door hardware is not ADA code compliant. c. There is no fully ADA code compliant hotel room. d. Code required stair railing should be installed on all interior and exterior stairways. e. Thresholds should be modified to comply with ADA code regarding maximum height. f. Stairs leading to basement are not code compliant for rise and run. g. Door access into Vault Dining area is not ADA code compliant for iiiininiurn width. h. Kitchen area is not ADA code compliant for accessibility. i. Public restroom lavatory fixtures are not ADA code compliant. 2. Light and Ventilation a. I IVAC system is not mechanical/building code compliant. b. Light fixtures in kitchen are not code compliant for proper protection. Stillwater TIF District 13 Page I of 4 Building Report LHB Project No.170207 Parcel A—Water Street Inn 3. Fire Protection/Adequate Egress a. Tom carpet does not comply with code required unimpeded means of egress. b. Damaged vinyl floor tile should be removed and replaced to comply with code for unimpeded emergency egress. c. Damaged sidewalks do not comply with code required unimpeded means of emergency egress. d. Fire escape stairs needs to be repaired and painted to protect from rusting per code. e. All mechanical rooms need to have fire caulking installed at all wall penetrations per code. f. All electrical wiring in mechanical/electrical rooms should be protected inside conduit per code. g. Code required 10-inch kick plates should be installed on all glass doors. h. Main door to hotel at southwest corner is not code compliant for unimpeded emergency egress. i. The south door leading from the restaurant is not code compliant because it has an unapproved locking device. j. Tile floor in kitchen is damaged and/or missing, creating an impediment to code required emergency egress. k. Concrete basement stairs are damaged creating an impediment to code required emergency egress. 1. There are no code required emergency lights in the basement. m. Standing water is present in the basement creating an impediment to code required emergency egress. n. Electrical panels do not have code required 36-inch clear space in front of them. o. Code required fire caulking is needed in all electrical/mechanical rooms where wall penetrations occur. 4. Layout and Condition of Interior Partitions/Materials a. Carpet is worn and should be replaced. b. The basement foundation is allowing for water intrusion contrary to code. c. Metal door frames need to be repainted. d. Wood framed basement walls are rotting due to high levels of moisture. e. Ceiling tile is water stained indicative of water intrusion from roof which is contrary to code. f. Damaged ceiling in laundry should be repaired/replaced. g. Stairs to roof do not comply with code for rise and run. 5. Exterior Construction a. Caulking is missing and/or damaged allowing for water intrusion contrary to code. b. Vertical mortar joints on pilasters are shrinking allowing for water intrusion contrary to code requirements. c. Horizontal mortar joints at the base of the brick wall are separating allowing for water intrusion contrary to code requirements. d. All steel lintels should have rust removed and repainted per code. e. Exterior wood surfaces should be repainted. f. Original building should have mortar joints re-pointed to prevent water intrusion per code. g. Window joints on the original building are failing and allowing for water intrusion contrary to code. h. The wood pato roof is failing. There are significant water leaks from rotting wood members. All rafters need to have code required mechanical fasteners to be attached to rim joist. i. Stone foundation wall is missing mortar and allowing for water intrusion contrary to code. Stillwater TIF District 13 Page 2 of 4 Building Report LHB Project No.170207 Parcel A—Water Street Inn j. Store front windows should be removed and reset properly with code required flashing to prevent water intrusion. k. The middle EPDM roof is beyond its life expectancy and is allowing for water intrusion contrary to code. 1. There is biological growth on the roof which is contrary to code. Description of Code Deficiencies 1. The original building does not comply with current FEMA code for proper elevation above established flood plain levels. 2. The wood floor joists in the original building do not comply with FEMA code for acceptable material that could be exposed to moisture intrusion in a flood plain. 3. Basement steel structural beams and columns are rusting and need to be protected per code. 4. There is no ADA code compliant means to access the building. 5. Door hardware is not ADA code compliant. 6. There is no ADA code fully compliant hotel room. 7. Code required stair railing should be installed on all interior and exterior stairways. 8. Thresholds should be modified to comply with ADA code regarding maximum height. 9. Stairs leading to basement are not code compliant for rise and run. 10. Doorway into Vault Dining area is not ADA code compliant for minimum width. 11. Kitchen is not ADA code compliant for accessibility. 12. Public restroom lavatory fixtures are not ADA code compliant. 13. HVAC system is not mechanical/building code compliant. 14. Light fixtures in kitchen are not code compliant for proper protection. 15. Torn carpet does not comply with code required unimpeded means of egress. 16. Damaged vinyl floor file should be removed and replaced to comply with code for unimpeded emergency egress. 17. Damaged sidewalks do not comply with code required unimpeded means of emergency egress. 18. Fire escape stairs need to be repaired and painted to protect from rusting per code. 19. Allmechanical rooms need to have fire caulking installed at all wall penetrations per code. 20. All electrical wiring in mechanical/electrical rooms should be protected inside conduit per code. 21. Code required 10-inch kick plates should be installed on all glass doors. 22. Main door to hotel at southwest corner is not code compliant for unimpeded emergency egress. 23. The south door leading from restaurant is not code compliant because it has an unapproved locking device. 24. Tile floor in kitchen is damaged and/or missing creating an impediment to code required emergency egress. 25. Concrete basement stairs are damaged creating an impediment to code required emergency egress. 26. There are no code required emergency lights in the basement. 27. Standing water is present in the basement creating an impediment to code required emergency egress. 28. Electrical panels do not have code required 36-inch clear space in front of them. 29. The basement foundation is allowing for water intrusion contrary to code. 30. Ceiling file is water stained indicative of water intrusion from roof which is contrary to code. 31. Stairs to roof do not comply with code for rise and run. Stillwater TIF District 13 Page 3 of 4 Building Report LHB Project No.170207 Parcel A-Water Street Inn 32. Exterior caulking is missing and/or damaged allowing for water intrusion contrary to code. 33. Vertical mortar joints on pilasters are shrinking allowing for water intrusion contrary to code requirements. 34. Horizontal mortar joints at the base of the brick wall are separating allowing for water intrusion contrary to code requirements. 35. All steel lintels should have rust removed and repainted per code. 36. Original building should have mortar joints re-pointed to prevent water intrusion per code. 37. Window joints on the original building are failing and allowing for water intrusion contrary to code. 38. The wood patio roof is failing. There are significant water leaks from holes. All rafters need to have code required mechanical fasteners to attach to rim joist. 39. Stone foundation wall is missing mortar and allowing for water intrusion contrary to code. 40. Storefront windows should be removed and reset properly with code required flashing to prevent water intrusion. 41. The middle EPDM roof is beyond its life expectancy and is allowing for water intrusion contrary to code. 42. There is biological growth on the roof which is contrary to code. Overview of Deficiencies The building was originally constructed in the late 1800's and was converted into a hotel with an addition in the 1990's. The original building was built below the current FEMA established flood plain elevation. While the outward appearance of the building does not exhibit the typical blighted persona that we see in "substandard" buildings. The back-of-house areas are much more aligned with the definition of blight. At least 33%of the building roof needs to be replaced for code reasons. The entire basement is perpetually wet with water seeping in through the foundation. Rust on steel structural members is evident everywhere in the basement including plumbing. The HVAC system does not meet mechanical code. None of the building entrances comply with ADA code. All interior hard floor surfaces have trip hazards. Carpeting is worn, and in some areas a trip hazard also. The kitchen is not ADA compliant. Every mechanical room needs fire caulking around wall penetrations. The building does not have a fully ADA compliant hotel room and emergency exiting is questionable in several areas. There is an outside seating area that has an overhanging roof attached to the main building that is rotting and the roof rafters are not mechanically fastened. There are no compliant stair railings in the building. The basement stairs and the roof access stairs do not comply with code. The original building needs to be tuck pointed and the entire building needs soft joint caulking removed and replaced to prevent water intrusion. 0:\17Proj\170207\400 Design\406 Reports\Building Reports\170207 20170425 Water Street Inn Building Report.docx Stillwater TIF District 13 Page 4 of 4 Building Report LHB Project No. 170207 Parcel A—Water Street Inn APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Stillwater TIF District 13 Replacement Cost Report RS d 'a'II s dzatai Square Foot Cost Estimate Report Date: 4/19/2017 nrw Estimate Name: Stillwater TIF District 13 Water Street City of Stillwater 101 Water Street South Stillwater,Minnesota 55082 Hotel,3 Story with Brick Veneer/Reinforced Building Type: Concrete Location: STILLWATER,MN Story Count: 3 d Story Height(LF.):. 10 p1 n Floor Area(S.F.): 15000 _ (" Labor Type: OPN Basement Included: Yes ` m" Data Release: Year 2017 C-t,are deriver➢Fd or,,e b.4dirrg mode[with basic:components, Cost Per Square Foot: $233.10 Scope drfere.--arid rnarketcorr(HU"ns -mei.-st,tovarv,ignift Oly Building Cost: $3,496,839.93 %ofTotal Cost Per S.F. Cost A1010 Standard Foundations 4.63 69391.19 Strip footing,concrete,reinforced, load 14.8 KLF,soil bearing capacity 6 KSF,12"deep x 32"wide 0.96 14410.40 Spread footings,3000 PSI concrete, load 300K,soil bearing capacity 6 KSF,7'-6"square x 25"deep 3.67 54980.79 A1030 Slab on Grade 1.84 27654.45 Slab on grade,4"thick, non industrial,reinforced 1.84 27654.45 A2010 Basement Excavation 1.31 19709.10 Excavate and fill, 10,000 SF,8'deep,sand,gravel,or common earth,on site storage 1.31 19709.10 A2020 Basement Walls 5.47 81985.87 Foundation wall,CIP, 12'wall height,pumped, .52 CY/LF,24.29 PLF,14" thick 5.47 81985.87 81010 Floor Construction 55.38 830724.33 Cast-in-place concrete column, 14"square,tied,300K load, 12'story height,194 lbs/LF,4000PSI 2.73 40876.47 Cast-in-place concrete column, 12",square,tied, minimum reinforcing, 150K load, 10'-14'story height, 135 lbs/LF,4000PSI 1.69 25396.37 Cast-in-place concrete column,16",square,tied, minimum reinforcing, 300K load, 10'-14'story height,240 Ibs/LF,4000PSI 2.31 34647.42 Concrete I beam,precast, 18"x 36",790 PLF,25'span,6.44 KLF superimposed load 28.85 432820.07 Flat slab,concrete,with drop panels,6"slab/2.5" panel, 12"column, 15'x15'bay,75 PSF superimposed load, 153 PSF total load 4.58 68670.00 Precast concrete double T beam,2"topping,24"deep x 8'wide,50'span, 30 PSF superimposed load, 120 PSF total load 10.00 150026.10 Stillwater TIF District 13 Replacement Cost Report LHB Project No. 170207 Page 1 of 4 Parcel A-Water Street Inn %ofTotal Cost Per S.F. Cost Precast concrete double T beam,2"topping,24"deep x 8'wide,50'span, 75 PSF superimposed load, 165 PSF total load 5.22 78287.90 82010 Exterior Walls 19.76 296404.45 Brick wall,composite double wythe,standard face/CMU back-up,8" thick,perlite core fill,3"XPS 19.76 296404.45 B2020 Exterior Windows 3.99 59812.90 Windows,aluminum,awning,insulated glass,4'-5"x 5'-3" 3.99 59812.90 B2030 Exterior Doors 0.26 3971.69 Door,aluminum&glass,without transom,narrow stile,double door, hardware,6'-0"x 7'-0"opening 0.21 3120.53 Door,steel 18 gauge, hollow metal, 1 door with frame,no label,3'-0"x 7'- 0"opening 0.06 851.16 83010 Roof Coverings 2.50 37436.99 Roofing,single ply membrane, EPDM,60 mils, loosely laid,stone ballast 0.55 8257.85 Insulation, rigid,roof deck,extruded polystyrene,40 PSI compressive strength,4"thick, R20 0.99 14907.90 Roof edges,aluminum,duranodic,.050"thick,6"face 0.59 8800.68 Flashing,aluminum, no backing sides, .019" 0.11 1662.91 Gravel stop,aluminum,extruded,4",mill finish,.050"thick 0.25 3807.65 83020 Roof Openings 0.03 510.56 Roof hatch,with curb, 1"fiberglass insulation,2'-6"x 3'-0",galvanized steel, 165 lbs 0.03 510.56 C1010 Partitions 6.10 91436.23 Concrete block(CMU)partition, light weight, hollow, 6"thick, no finish 0.86 12857.87 Metal partition,5/8"fire rated gypsum board face, no base,3-5/8" @ 24" OC framing,same opposite face,sound attenuation insulation 4.43 66459.12 Gypsum board,1 face only,exterior sheathing,fire resistant,5/8" 0.49 7323.03 Add for the following:taping and finishing 0.32 4796.21 C1020 Interior Doors 12.82 192352.67 Door,single leaf,kd steel frame,hollow metal,commercial quality,flush, 3'-0"x 7'-0"x 1-3/8" 12.82 192352.67 C2010 Stair Construction 3.10 46490.46 Stairs,steel, pan tread for conc in-fill, picket rail,16 risers w/landing 3.10 46490.46 C3010 Wall Finishes 4.37 65562.14 Painting,interior on plaster and drywall,walls&ceilings,roller work, primer&2 coats 1.22 18282.67 Painting,interior on plaster and drywall,walls&ceilings, roller work, primer&2 coats 0.43 6458.35 Ceramic tile,thin set,4-1/4"x 4-1/4" 2.72 40821.12 C3020 Floor Finishes 5.38 80773.17 Carpet tile, nylon,fusion bonded, 18"x 18"or 24"x 24",35 oz 3.98 59766.48 Vinyl,composition tile,maximum 0.27 4032.48 Tile,ceramic natural clay 1.13 16974.21 C3030 Ceiling Finishes 3.99 59846.40 Gypsum board ceilings,5/8"fire rated gypsum board, painted and textured finish,1-5/8"metal stud furring,24"OC support 3.99 59846.40 OEM OEM= Stillwater TIF District 13 Replacement Cost Report LHB Project No.170207 Page 2 of 4 Parcel A-Water Street Inn %of Total Cost Per S.F. Cost D1010 Elevators and Lifts 6.75 101279.11 Traction,geared passenger,3500 Ib,6 floors, 10'story height,2 car group,200 FPM 6.75 101279.11 D2010 Plumbing Fixtures 17.92 268760.80 Water closet,vitreous china,bowl only with flush valve,wall hung 7.73 115888.37 Urinal,vitreous china,wall hung 0.10 1479.50 Lavatory w/trim,vanity top,PE on Cl,20"x 18" 3.14 47120.58 Kitchen sink w/trim, countertop,stainless steel,33"x 22"double bowl 0.10 1466.76 Service sink w/trim, PE on Cl,wall hung w/rim guard,22"x 18" 0.28 4261.20 Bathtub,recessed, PE on Cl,mat bottom,5'long 6.29 94295.24 Shower,stall,baked enamel,terrazzo receptor,36"square 0.20 3049.00 Water cooler,electric,wall hung,wheelchair type,7.5 GPH 0.08 1200.15 D2020 Domestic Water Distribution 0.73 10936.95 Gas fired water heater,commercial, 100<F rise,500 MBH input,480 GPH 0.73 10936.95 D2040 Rain Water Drainage 3.28 49269.96 Roof drain,Cl,soil,single hub,5"diam, 10'high 1.43 21393.00 Roof drain,Cl,soil,single hub,5"diam,for each additional foot add 1.86 27876.96 D3010 Energy Supply 4.99 74869.25 Commercial building heating system,fin tube radiation,forced hot water, 100,000 SF,1mil CF,total 3 floors 4.99 74869.25 D3030 Cooling Generating Systems 13.35 200272.50 Packaged chiller,water cooled,with fan coil unit,medical centers,60,000 SF, 140.00 ton 13.35 200272.50 D4010 Sprinklers 2.76 41449.75 Wet pipe sprinkler systems,steel,light hazard, 1 floor, 10,000 SF 0.60 8998.93 10,000 SF 2.09 31413.22 Standard High Rise Accessory Package 8 story 0.07 1037.60 D4020 Standpipes 3.53 52893.73 Wet standpipe risers,class III,steel,black,sch 40,4"diam pipe, 1 floor 0.61 9075.83 Wet standpipe risers,class III,steel,black,sch 40,4"diam pipe, additional floors 0.71 10583.55 Fire pump,electric,with controller,5"pump, 100 HP, 1000 GPM 1.98 29646.90 Fire pump,electric,for jockey pump system,add 0.24 3587.45 D5010 Electrical Service/Distribution 13.06 195870.51 Underground service installation, includes excavation, backfill,and compaction, 100'length,4'depth,3 phase,4 wire,277/480 volts,2000 A 4.67 70123.88 Feeder installation 600 V,including RGS conduit and XHHW wire,60 A 0.13 1916.31 Feeder installation 600 V,including RGS conduit and XHHW wire,200 A 0.31 4666.10 Feeder installation 600 V,including RGS conduit and XHHW wire,2000 A 3.22 48282.80 Switchgear installation, incl switchboard,panels&circuit breaker, 277/480 V,2000 A 4.73 70881.42 D5020 Lighting and Branch Wiring 9.81 147174.84 Receptacles incl plate,box,conduit,wire, 10 per 1000 SF, 1.2 W per SF, with transformer 3.90 58573.78 Stillwater TIF District 13 Replacement Cost Report LHB Project No.170207 Page 3 of 4 Parcel A-Water Street Inn %of Total Cost Per S.F. Cost Wall switches,5.0 per 1000 SF 1.29 19312.80 Miscellaneous power,to.5 watts 0.16 2462.70 Central air conditioning power,4 watts 0.78 11713.83 Motor installation,three phase,460 V, 15 HP motor size 0.69 10289.40 Motor feeder systems,three phase,feed to 200 V 5 HP,230 V 7.5 HP,460 V 15 HP,575 V 20 HP 0.15 2298.52 Motor connections,three phase,200/230/460/575 V,up to 5 HP 0.01 125.31 Motor connections,three phase,200/230/460/575 V,up to 100 HP 0.04 552.70 Fluorescent fixtures recess mounted in ceiling,0.8 watt per SF,20 FC,5 fixtures @32 watt per 1000 SF 2.79 41845.80 D5030 Communications and Security 4.35 65315.58 Communication and alarm systems,fire detection,addressable,100 detectors,includes outlets, boxes,conduit and wire 2.02 30238.13 Fire alarm command center,addressable with voice,excl.wire&conduit 0.09 1364.06 Communication and alarm systems,includes outlets,boxes,conduit and wire, intercom systems, 100 stations 1.05 15782.40 Communication and alarm systems,includes outlets,boxes,conduit and wire,master TV antenna systems,30 outlets 0.73 10939.20 Internet wiring,2 data/voice outlets per 1000 S.F. 0.47 6991.79 D5090 Other Electrical Systems 0.45 6789.81 Generator sets,w/battery,charger, muffler and transfer switch,diesel engine with fuel tank,250 kW 0.45 6789.81 swil fav ,`ff 1 1A E1090 Other Equipment 0.00 0.00 ® im! 11 1: ligglig MINIMUM, ININ gl f f ff SubTotal 100% $211.91 $3,178,945.39 Contractor Fees(General Conditions,Overhead,Profit) 10.00% $21.19 $317,894.54 Architectural Fees 0.00% $0.00 $0.00 User Fees 0.00% $0.00 $0.00 f Stillwater TIF District 13 Replacement Cost Report LHB Project No.170207 Page 4 of 4 Parcel A-Water Street Inn Stillwater TIF District 13 Code Deficiency Cost Report Parcel A - 101 Water Street South, Stillwater, Minnesota 66002 - Parcel 28.W30.20.4M.0116 Accessibility Items Building Entrance Create anADA code approved entrance into building $ 15.000.00 Lump 1 $ 15.000.00 Door Hardware Install'ADA code compliant door hardware $ 250.00 E4 100 $ 25.000.00 Hotel Room Create anADA fully code compliant hotel room $ 1.500.00 Lump 1 $ 1.500.00 Stair Railings Install ADA code compliant stair railings both interior and exterior $ 20.00 LF 200 $ 4.000.00 Thresholds Modify thresholds bocomply with ADA code for maximum height $ 258.00 EA 8 $ 1.500.00 Stair Ways Correct rise and run ofbasement stairs tocomply with code $ 250.00 EA 10 $ 2.500.00 Door Width Modify door width into vault dinning area tocomply with ADA code 0 2.500.00 G4 1 $ 2.500.00 Kitchen Modify kitchen bocomply with ADA code $ 10.00 GF 1500 $ 15.000.00 Lavatory Fixtures Install ADA code compliant lavatory faucets $ 208.00 EA 12 $ 2.400.00 Structural Elements Flood Plain Protect original building tocomply with FEMA code a 50.00 @F 5008 $ 250.000.00 Floor Joists Replace first floor wood joists with FEMA approved material $ 36.31 SF 5000 $ 181.550.00 Steel Beams and Columns Repair rusting steel beams and columns and protect per code $ 1.25 SF 5000 $ 5.250.00 Foundation Walls Repair/replace foundation walls hmprevent water intrusion per code $ 10.30 8F 5000 $ 51.500.00 Exiting Carpet Replace torn and damaged carpet tocreate anunimpeded emergency egress $ 3.88 GF 1000 $ 3.880.00 Stillwater TIF District 10 Code Deficiency Cost Report LHBProject No.17ozo7 Page 1ufm Parcel x-Water Street Inn A Vinyl Tile Replace damaged vinyl tile in laundry area to create an unimpeded emergency egress $ 0.54 SF 1800 $ 972.00 Sidewalks Repair/replace damaged sidewalks to create an unimpeded emergency egress $ 6.00 SF 2500 $ 15,000.00 Kick Plates Install code approved 10-inch kick plates on all glass doors $ 100.00 EA 12 $ 1,200.00 Southwest Main Door Install code approved emergency exit door hardware on southwest main door $ 1,500.00 EA 1 $ 1,500.00 Restaurant-Southern Door Install code approved door hardware for unimpeded emergency egress $ 250.00 EA 1 $ 250.00 Kitchen Floor Tile Repair/replace damaged kitchen floor tile to create an unimpeded emergency egress $ 2.26 SF 1500 $ 3,390.00 Concrete Basement Stairs Repair damaged concrete basement stairs to create an unimpeded emergency exit per code $ 100.00 EA 12 $ 1,200.00 Emergency Lighting Install code required emergency lighting in basement $ 0.65 SF 15000 $ 9,750.00 Standing Water Remove standing water to create an unimpeded emergency egress from basement $ 0.80 SF 15000 $ 12,000.00 Roof Access Stairs Correct stair's rise and run to comply with code $ 125.00 EA 10 $ 1,250.00 Fire Protection Fire Caulking Install code approved fire caulking in all mechanical rooms at all wall penetrations $ 350.00 EA 6 $ 2,100.00 Exterior Construction Exterior Steel Stairs Repair/repaint rusting steel stairs to comply with code $ 2,500.00 Lump 1 $ 2,500.00 Caulking Remove/replace damaged caulking to prevent water intrusion per code $ 7.50 LF 300 $ 2,250.00 Vertical Mortar Joints-Newer Addition Tuck Point vertical mortar joints at pilasters to prevent water intrusion per code $ 10.75 LF 300 $ 3,225.00 Horizontal Mortar Joints-Newer Addition Horizontal mortar joints at the base of the newer addition wall should be repointed to prevent water intrusion per code $ 10.75 LF 450 $ 4,837.50 Stillwater TIF District 13 Code Deficiency Cost Report LHB Project No.170207 Page 2 of 3 Parcel A-Water Street Inn Lintels All steel lintels should have rust removed and berepainted for protection per code $ 250.00 EA G $ 1.500.00 Windows Original building windows should bereplaced toprevent water intrusion per code $ 3.89 GF 5000 $ 19.850.00 Patio Roof Repair/replace damaged patio roof toprevent water intrusion percode $ 8.95 GF 1600 $ 13.425.00 Install mechanical joist hangers per code $ 1.25 SF 1500 $ 1.875.00 Store Front Windows Store front windows should beremoved and reset with code required flashing toprevent water intrusion $ 0.95 GF 10000 $ 9.500.00 Original Building Mortar Joints Tuck Point all brick joints toprevent water intrusion per code $ 1075 8F 5000 $ 53.750.00 Roof Construction Roofing Membrane Remove EPDyNroofing membrane $ 0.25 SF SOOO $ 1.250.00 Reinstall EPOK0roofing membrane tnprevent water intrusion percVde $ 2.60 SF 5000 $ 12.500.00 Remove biological growth on southern most roof toprotect membrane per code $ 250.00 Lump 1 $ 250.00 Mechanical- Electrical Mechanical HVAC system should bereplace tocomply with code $ 18.34 SF 15000 $ 275.100.00 Electrical Install code approved light fixtures infood preparation areas $ 125.00 EA 20 $ 2.500.00 Enclose all wiring incode approved conduit $ 3.500.00 Lump 1 $ 3.500.00 Create code required 38inch clear space infront ofall electrical panels $ 50.00 E4 G $ 300.00 Total Code Improvements $ 1,019,505 Stillwater TIF District 1n Code Deficiency Cost Report Ln8Project No.1rnun7 Page 3m3 Parcel Water Street Inn Stillwater TIF District 13 Photos: Parcel A- 101 S Water St Stillwater, MN 55082 -Water Street Inn P1120479.JPG P1120480.JPG P1120481.JPG oil .'Ir, ,i,, , ,�,�i ��N�,�„�.a� �-� �, •, ,, . 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RECOMMENDATION: Approve the second reading of the ordinance. ACTION REQUIRED: Pass a motion to approve the second reading of the ordinance. ORDINANCE 1096 AN ORDINANCE AMENDING SECTI®N 43-131 OF THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: 1.AMENDING.The Stillwater City Code,Section 43-131,is hereby amended to read as follows: Section 43-131.Temporary Licenses. Subd. 1. Temporary Licenses may be issued subject to the provisions and restrictions set 1kirUl III iviiiuic�iuLa Ocacu<c Section 3400.404 Suod. 10 and 304A.410 Subd. 10, and any further restrictions set forth in City Policy. 2. SAVING., In all other ways, the City Code will remain in full force and effect. 3. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 20th day of June,2017. CITY OF STILLWATER Ted Kowlowski, Mayor Attest: Diane F. Ward, City Clerk a tet M i tlP�4 f '4 0 1 ,4 CITY COUNCIL DATE: June 15, 2017 TO: Mayor& Councilmembers REQUEST: Waiver of prohibition on lessees operating a Short Term Home Rental Kari Patsy, Kari s Create& Paint Studio STHR LOCATION: 2211/2 East Chestnut Street ZONING: CBD, Central Business District REPORT BY: Bill Turnblad, Community Development Director BACKGROUND In May the City Council adopted Ordinance 1093,which regulates Short Term Home Rentals. One of the discussions that occurred during the development of the ordinance was whether lessees of a property could be licensed to operate a short term rental on the property. The City Council unanimously decided that only property owners could do that. An application was submitted by Kari Patsy to operate a Type C short term rental at 2211/2 East Chestnut. Patsy leases the apartment,which is above her street level business, Kari s Create& Paint Studio. Staff informed Patsy that a license could not be issued to her, since she did not own the apartment. She is appealing the staff decision not to accept the application or issue the license. REQUEST Patsy is requesting the City Council to waive the regulation that only property owners can be issued licenses to operate Short Term Rentals. COMMENTS Patsy points out that since the apartment is in the CBD Zoning District, subletting would not have the same impact as it would in residential neighborhoods. She has no residential neighbors. ALTERNATIVES A. Approval. If the City Council finds it acceptable to sublet residential units Downtown for Short Term Residential purposes, the Council could waive the requirement that only owners can be issued the license. Patsy Request June 15,2017 Page 2 B. Table If the City Council would like additional information, the request could be tabled. C. Denial If the City Council finds the request unacceptable, the Council could deny it. D. Amendment If the City Council finds the request to waive the regulation unacceptable, but agrees the subletting in the CBD Zoning District is acceptable, direct staff to prepare an ordinance amendment to that effect. Attachments: Patsy email cc: Kari Patsi Bill Turnblad From: Kari Patsy <kari@kcapstudio.com> Sent: Thursday, June 01, 2017 7:20 PM To: Bill Turnblad Subject: Fwd: Homeaway Payments Application #359212 Attachments: IMG_3340.JPG;IMG_3341.JPG;IMG_3342.JPG;IMG_3343.JPG;IMG_3344.JPG;IMG_ 3345.JPG;IMG_3346.JPG;IMG_3347.JPG 221 1/2 Chestnut St. East Stillwater, MN 55082 Hello, I am writing the Council in hopes that an exception can be made for my VRBO listing. Above you will see my agreement between the building owner and myself. Unlike most VRBO's we utilize the space for many reasons. I own the studio below (Kari's Create And Paint Studio) and we use the apartment for storage, laundry and countless other reasons to help our studio run well. The studio has been open for 3 years, I take it all very seriously and like to abide by all rules. We know that the way we handle the VRBO also reflects on the studio and would do nothing to compromise our great reputation. Being that we are right downtown there are no neighbors to be concerned with how we are using the space. Please consider making an exception for a local business owner. Thank you for you time! Kari Patsy 651-808-8016 ----------Forwarded message ---------- From: Kari Patsy <kari(ea�,kcapstudio.com> Date: Mon, Nov 14, 2016 at 4:11 PM Subject: Re: Homeaway Payments Application #359212 To: HomeAway Payments <homeawaypaymentsgyapstone.corn> Kaszmire, Attached it the lease agreement for our property. We are hoping to get our approval and start booking soon. Thank you so much. On Tue, Oct 25, 2016 at 3:57 PM, Kaszmire M. (HomeAway Payments) <homeawaypaymentsgy pstone.corn>wrote: i Board of Commissioners Fran Miron,District 1 e BOARD AGENDA Stan Karwoski,District z ra �°'� ' � Gary Kriesel,District 3 JUNE 20, 2017 — 9:00 A.M. Karla Bigham,District 4 Lisa Weik,Chair,District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government,whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins andgive it to the County Board secretary or the County Administrator, The County Board Chair will ask-you to come to the podium,state your name and city ofresidence,and presentyour comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presenlation(fit 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 Library—Keith Ryskoski, Director Approval of Contract to Provide Washington County Library Services to the City of Lake Elmo 5. 9:20 Public Health and Environment—Lowell Johnson,Director and Judy Hunter,Senior Environmental Program Manager A. Resolution—Election of Jurisdiction for the Minnesota Buffer Law B. Approval of Amendment to Article X, Section 1. Item (b) of the Solid Waste Management Coordinating Board(SWMCB) Joint Powers Agreement C. Approval of Termination of the Amended and Restated Joint Powers Agreement of SWMCB Joint Powers Agreement D. Resolution —Approval for Washington County to Withdraw from the SWMCB;Joint Powers Agreement E. Approval of Authorization to enter into Negotiations with other Metro Area Counties to Develop a New Joint Powers Agreement Associated with Solid Waste Management 6. 9:45 Public Hearing-Public Works—Jan Lucke, Transportation Planning Manager Resolution—Reimplementation of a Transportation Sales Tax under Minnesota Statute 297A.993 Replacing the Current Sales Tax being Collected under Minnesota Statute 297A.992 7. 10:00 General Administration—Molly O'Rourke, County Administrator Resolution—Approval to Participate in the 2017 Performance Measurement Program & 10:10 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. 9. Board Correspondence 10. 10:25 Adjourn 11. 10:30-11:00 Board Workshop with the Community Development Agency—Chris Eng, Economic Development Director Review Recent Economic Development Activities .break far Lunch 12. 11:30-12:30 Reconvene for the Second Meeting of the County Board of Appeal and Equalization Assistive listening devices are available for use in the CounPr'ti om Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR JUNE 20, 2017 The following items are presented for Board approval/adoption: DEPARTMENUAGENCY ITEM Administration A. Approval of May 23, 2017 County Board Meeting Minutes. B. Approval of county comments on the creation of Tax Increment Financing Districts #12 and #13 in the City of Stillwater and direction to submit comments in a letter signed by the Deputy County Administrator. Attorney's Office C. Approval of amendment to the 2016-2017 Sex Trafficking Investigations and Training Agreement between Minnesota Department of Public Safety,Office of Justice Programs and Washington County in the amount of$125,000 to be increased to $125,232. D. Approval of Auto Theft Prevention Grant Program funding from the Minnesota Department of Commerce in the amount of$151,800. Community Services E. Adopt a resolution to authorize the Washington County Community Services Director the authority to execute and sign all Group Residential Housing agreements with providers. F. Approval for the conversion of 1.0 Full Time Equivalent special project Family Service Worker to a permanent Family Service Worker and 2.0 FTE special project Social Workers to permanent Social Workers. Information Technology G. Approval of a contract with CenturyLink in the amount of$100,800 for the period of June 2017 through May 2020, for the County Phone Lines and authorize its execution pursuant to Minn. Stat. 373.02. Property Records H. Approval of a I day Temporary On-Sale Liquor License for the Minnesota and Taxpayer Services Food Association. The special event will be held on October 15, 2017 in May Township. 1. Approval of a 1 day Temporary On-Sale Liquor License for the Minnesota Food Association. The special event will be held on July 18, 2017 in May Township. Public Works J. Approval of License Agreement between the Metropolitan Council for the period from August 25, 2017 through September 4, 2017, for a State Fair Park and Ride, and authorize its execution pursuant to Minn. Stat. 373.02. Consent Calendar items are generally defined as items of routine business,riot requiring discussion,and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s)for discussion and/or separate action. Assisfive=d=,rouvailable 1br use in the Co ==Amp EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER l +� Use oard of Commissioners Fran Miron,District 1 Stan Karwoski,District 2 BOARD AGENDA Gary Kriesel,District 3 Karla Bigham,District 4 ***NOTE CHANGE IN TIME*** Lisa Weik,Chair,District 5 JUNE 13, 2017—3:00 P.M. L 2:00 Legislative Committee Meeting 2. 3:00 Roll Call Pledge of Allegiance 3. 3:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government,whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretaryor the County Administrator. The County Board Chair will ask you to come to the podium,state your name and city ofresidence,and presentyour comments. Your comments must be addressedexclusively to the Board Chair andthefullBoardofComttlissioners. Comments addressed to individual Board members will not be allowed You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant,repetitive,overly argumentative,or ifit is not relevant to an issue that is part of Washington County's Responsibilities. 4. 3:10 Consent Calendar—Roll Call Vote 5 3:10 Public Hearing-Public Works—Jan Lucke, Transportation Planning Manager Resolution-Consider Reimplementation of a Transportation Sales Tax under Minnesota Statute 297A.993 to Replace the Current Sales Tax being Collected under Minnesota Statute 297A.992 6. 3:30 Public Works—Wayne Sandberg, County Engineer and Nathan Arnold, Engineer II A. Approval of Change Order#3 to Contract 10459 with Pump and Meter Service, Inc., in the Amount of$7,890.67 for Work on the North Shop Fueling Island Upgrades B. Approval of Contract with SRF Consulting, Inc. in the Amount of$419,636 for Trunk Highway 36 and County State Aid Highway 15 Interchange Study 7. 3:50 General Administration—Molly O'Rourke, County Administrator Voting Delegate for the 2017 National Association of Counties Annual Conference 8. 4:00 Commissioner Reports—Comments—Questions This period oftime shall be used by the Commissioners to report to the full Board on committee activities,make comments on matters ofinterest and information,or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 9. Board Correspondence 10. 4:15 Adjourn IL Personnel Committee Meeting pr,,iiln,, r i r,r / ,. „i i i ii ��/� e � ��//,,, Asalafive Ifstaning dovkoB ara avaliabla Iar usa hr tha County Board Room EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR JUNE 13, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of May 9,2017 and May 16,2017 County Board Meeting Minutes. B. Approval of revisions to policy #6006 Advisory Committees, Boards and Commissions. Accounting and Finance C. Approval to close fund #456 - 2011A General Obligation Capital Improvement Plan Bond Projects. D. Approval to modify the current Personal Communication Device Reimbursement Policy #2008 and approval of the new County Owned Cellular Device Policy#2903. Community Services E. Approval of a Grant Agreement between the Minnesota Department of Human Services and Washington County in the amount of$190,000 for the period July 1, 2017 through June 30, 2019, and authorize its execution pursuant to Minnesota Statute 373.02, and approval of a cooperative agreement with the Washington County Sheriff to deliver fraud prevention and investigation services. F. Approval of a Group Residential Housing Agreement between Bridges MN and Washington County for the period of April 1, 2017 through June 30, 2017 and authorize its execution pursuant to Minn. Stat. 373.02. Property Records G. Approval of an abatement request for a portion of the property located at and Taxpayer Services 7555 Bailey Road. H. Approval of clerical error abatements for three multi-family properties in Oakdale. I. Approval of application for a Temporary On-Sale Liquor License for the Stillwater Elks#179 for a special event to take place at Kissing Birch Farm, 10020 Norell Avenue North, Stillwater Township on September 9-10,2017. Public Health J. Approval of a grant agreement and authorization for the County and Environment Administrator and Board Chair to enter into agreement with the Minnesota Department of Health related to public health emergency preparedness and. the Cities Readiness Initiative in the amount of$178,676. Public Works K. Reject all bids for 2017 Ground-In Road Striping. (Page 1 of 2) Asaislhro f sdaaa g awuaas arar evellabla Por uxa 0 tho cog= 10 = EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER era 2 of'2' L. Adopt resolution to authorize final payment in the amount of$6,184.23 to Fahrner Asphalt Sealers,LLC for completion of the 2017 Crack Seal Project. M. Adopt resolution to purchase property at the southeast quadrant of Trunk Highway 36 and County State Aid Highway 15 in Stillwater Township(PID 06.029.20.22.0001). N. Adopt resolution to participate in the Minnesota Department of Natural Resources Snowmobile Trails Assistance Program,and for staff to administer grant for the Star Trail Association. O. Approval of two Full Time Equivalent Engineer 11 positions. P. Adopt resolution to apply for and participate in the Minnesota Department of Natural Resources funding for maintenance of cross-country ski trails within the county park system and execution of the Trails Assistance Grant Agreement through the Minnesota Trails Assistance Program. Q. Approval to request reimbursement for ski trail grooming under the 2016- 2017 Minnesota Trails Assistance Program. Consent Calendar items are generally defined as items of routine business,not requiring discussion,and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s)for discussion and/or separate action. Assistive 1rsVe::u devices are available for use in lbe County Board Room la 0EQUAL EMPLOYMENT OPPORTUNITY J AFFIRMATIVE ACTION EMPLOYER