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HomeMy WebLinkAbout2017-09-05 CC Agenda PacketREGULAR MEETING RECESSED MEETING 216 401 Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us REVISED AGENDA CITY COUNCIL MEETING SEPTEMBER 5, 2017 3:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Update 2. Discussion on 2 Street Ramp (MOVED TO OCTOBER 3, 2017 MEETING) 3. Discussion on Stillwater Country Club Assessments 4. Discussion on update of Chapter 30, Garbage & Trash IV. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator 7:00 P.M. AGENDA 3:30 P.M. 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 13. Possible approval of August 15, 2017 special and regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects, which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered 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. 14. Resolution 2017-155, directing payment of bills 15. Resolution 2017-156, approving the 2017 health insurance plan design changes for City Council 16. Resolution 2017-157, approving 2017-2018 general wage adjustment for nonrepresented employees 17. Resolution 2017-158, approving the 2017 retainer adjustment for the City Attorney 18. Resolution 2017-159, amending City of Stillwater Personnel Policy 19. Resolution 2017-160, acceptance of the Certified Local Government (CLG) grant award 20. Resolution 2017-161, resolution designating 2018 polling locations within the City of Stillwater, Minnesota 21. Resolution 2017-162, appointing member to Human Rights Commission 22. Possible approval of garbage waiver requests. 23. Possible selection of members for Comp Plan Advisory Committee (MOVED FROM NEW BUSINESS) XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 24. Case 2017-31. This is the date and time for a public hearing to consider a Zoning Text Amendment (ZAT) to allow for Rooming Houses in the Business Park - Industrial District. The applicant, Colin Faulkner of The Heights MN, would like to operate at 1835 Northwestern Avenue in the Business Park - Industrial District. P.I.D. 32.030.20.41.0019. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 28, 2017. (Ordinance - 1St Reading - Roll Call) 25. Case No 2017-14. This is the date and time for a public hearing to consider a request from Fairway Dev LLC, for a Preliminary Plat request to allow for the creation of eight new single-family residential lots at 1902 William Street North in the RB - Two Family District. P.I.D. 21.030.20.23.0006. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 28, 2017. (Resolution - Roll Call) XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS 27. Consideration of the Concept Master Plan for the new Lakeview Hospital Campus 28. Possible approval of development agreement for TIF #12 (Resolution - Roll Call) 29. Possible approval of development agreement for TIF #13 (Resolution - Roll Call) 30. Consideration of Planning Commission recommendation regarding a transfer of the Special Use Permit (SUP) for the Aurora Staples Inn (Resolution - Roll Call) 31. . - .._. _ _ • _ _ ring costs to be •• -• - •• .. _ _ assessment roll and calling for hearing for 2017 Street Improvement Project (Project 2017 02) (2 resolutions Roll Call) (available Tuesday) (MOVED TO SEPTEMBER 19, 2017 MEETING) 32. Discussion on Main Street Stairs 33. Curve Crest Villa TIF Note Mandatory Tender and Rate Reset (Resolution - Roll Call) 34. Possible adoption of resolutions (3 separate resolutions - Roll Call) a. Adopting the proposed tax levy for the payable year 2018 b. Adopting the proposed budget for the year 2018 c. Setting payable 2018 Truth -in -Taxation meeting date 35. Possible approval of contract for Comprehensive Plan Consultant (MOVED FROM CONSENT) XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT (moved to Consent Agenda) Washington September 5, 2017 Honorable Stillwater Mayor Ted Kozlowski and Council Members City of Stillwater 216 N. Fourth St. Stillwater, MN 55082 CONCEPT PLANS FOR LAKEVIEW HOSPITAL Dear Honorable Mayor Public Works Department Donald J. Theisen, P.E. Director Wayne H. Sandberg, P.E. Deputy Director/County Engineer First let me apologize for the lateness of this letter. We were only recently informed that at tonight's meeting, the Stillwater City Council will consider endorsing the concept site plan for the proposed Lake view Hospital, located near the intersection of Trunk Highway (TH) 36 and County State Aid Highway (CSAH) 15 (Manning Avenue). We felt it important that you receive our comments in writing, to exist alongside the information in your council packet. As you know, the City of Stillwater, Washington County, and MnDOT have been working to address safety and mobility issues along the TH 36 Corridor and safety issues with this intersection. CSAH15/Manning Avenue is an "A" Minor Arterial Roadway which carried 16,000 vehicles per day in 2015 and is expected to exceed 30,000 by 2030. Meanwhile, with the opening of the new St. Croix Crossing, TH 36 traffic continues to increase, as is evidenced by the daily backups experienced in both the AM and PM Peak hours at this intersection. To improve mobility and safety, the County is leading an effort to design a freeway style interchange to replace the existing at grade, traffic signal controlled intersection. The County is in the very early stages of developing concepts for this interchange, and it is complicated. Balancing access while minimizing impacts to property, as well as maintaining mobility to keep traffic moving, all while keeping costs in check and building a safe system is challenging. We are just getting started on developing concepts, and have included, and will continue to include, the Cities of Stillwater, Oak Park Heights, Lake Elmo, Grant and Stillwater Township in this effort. One of the questions that has been brought to the County, and the reason for this "last minute" letter, is the question of where should the Curve Crest Frontage Road access Manning Avenue. Since 1998, the City of Stillwater along with Washington County have been planning on that connection occurring at 62nd Street. This is why this intersection was given prominence with 11660 Myeron Road North, Stillwater, Minnesota 55082-9573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity / Affirmative Action PLANNING REPORT TO: Mayor & Council Members DATE: September 5, 2017 RE: Agreement for TIF District #12 FROM: Bill Turnblad, Community Development Director Below is a quick summary of the current version of the TIF Agreement for The Crosby Hotel. Current key elements • Developer purchases city lot for its assessed value of $82,800. • Developer will build and own two levels of parking immediately to the west of the new hotel. • Developer will designate the upper level of the parking facility as public parking. A public parking agreement will need to be worked out. The agreement ought to be executed by the developer and the city prior to issuance of a certificate of occupancy for either the hotel or the parking facility. • The city would payout $982,800 in tax increment generated by the site improvements. If the project is completed with the assessed value estimated by the developer, the total payout would occur within 2.5 years. If the assessed value is closer to that estimated by the County Assessor, then the payout period would still be only about 5.5 years. The key elements show considerable movement from the original request of $2.4 million in tax increment support paid out over about 13 years. Staff finds the project and its terms to satisfy City TIF policy and state law, and the Developer finds the terms to be acceptable. PLANNING REPORT TO: Mayor & Council Members DATE: September 5, 2017 RE: Agreement for TIF District #13 FROM: Bill Turnblad, Community Development Director Below is a quick summary of the current version of the TIF Agreement for The Water Street Inn. Current key elements • Developer will receive "pay as you go" tax increment only. Up front tax increment is no longer being requested. • Both petitions for property tax appeals have been dropped for the property. • The city would payout $1,370,198.50 in tax increment generated by the site improvements. Staff finds the project and its terms to satisfy City TIF policy and state law, and the Developer finds the terms to be acceptable. July 18, 2017 Mayor Ted Kozlowski and Councilmembers Stillwater City Hall 216 4th Street North Stillwater, MN 55082 RE: Stillwater Country Club assessment for Moore St. construction Dear Sirs: The signers to this letter are affected by the Moore St W construction project and are asking the City Council (City) to reconsider the proposal to not assess the Stillwater Country Club (Club), whose land spans the entire northern frontage on Moore. The rationale provided at the March 21, 2017 City Council meeting to discuss Stillwater road construction projects was that there is no access to the Club on Moore; we offer three rebuttals: • First, if access were truly the issue, then the houses on the comers ( e.g., 1420 4th St. N.), which have no driveway access to Moore, would not be assessed for Moore St construction. Given that these corner lots are being assessed, it is illogical that the Club is not being assessed. • Second, there is curbing on Moore abutting the Club property. • Third, Club service trucks, and cars, frequently drive to and from the Club property on Moore (many at high speeds). If City funds are being used to cover the assessment not paid by the Club, this is unfair to the residents who are being assessed, and to other taxpayers in the City. We respectfully urge you to make the fair decision to assess the Stillwater Country Club for their frontage on Moore. Doing so should reduce the already high cost to Moore Street residents and also reduce the tax burden on other Stillwater residents, for a project that ultimately does benefit the Club. Wendy Adams, at 321 Moore St. W. On behalf of Moore Street neighbors Cc: Shawn Sanders July 18, 2017 Mayor Ted Kozlowski and Councilmembers &niftier City Hall 218 4th Street North Stillwater, MN 55082 RE: Stillwater Country Club assessment for Moore St. construction Dear Sirs: The signers to this letter are affected by the Moore St W construction project and are asking the City Council (City) to reconsider the proposal to not assess the Stillwater Country Club (Club), whose land spans the entire northern frontage on Moore. The rationale provided at the March 21, 2017 City Council meeting to discuss Stillwater road construction projects was that there is no access to the Club on Moore; we offer three rebuttals: • First, if access were truly the issue, then the houses on the comers ( e.g. 1420 4th St. N.), which have no driveway access to Moore, would not be assessed for Moore St constructl*on en that these comer lots are being assessed, it is illogical that the Club is not beim asaessed. • Second, there is curbing on Moore abutting the Club property. ccoi ctic6 £ervC. +r 4Ct- • Tnird, carstfrequently drive to the Club property on Moore (many at high speeds). s C.t funds are ging: used to cover the assessment not paid by the Club, this is unfair to the -es dents who are being assessed, and to other taxpayers in the City. We respectfully urge you ::.--a;ce the bk decision to assess the Stillwater Country Club for their frontage on Moore. ng so should reduce the already high cost to Moore Street residents and also reduce the tax ::.r; en on other Stillwater residents, for a project that ultimately does benefit the Club. .71 Ma ,mms, at 321 Moore St. W. salt o Moore Street neighbors whose names and addresses appear below 02 /7 /ed -e/ -1-C7 1,t3 /4,400 #1/ nteott4) (C I C4 l ( `((Z blCIO) t st .5-1 ate- Sanders Stillwater Country Club assessment for Moore St. construction tanner Country Club assessment for Moors St constuctlon TO: Mayor Ted Kozlowski FROM: Gwynne Fransen 651-439-1342 Wendy Adams 651-433-4756 DATE: July 30, 2017 JUL 3 1 2017 .1111111111 ,110 /4:111H SUBJECT: Resident input regarding 2017 Moore St. West road construction assessments Please see the attached letters from your constituents on Moore St. West. We respectfully request that the Stillwater City Council: • reverse the decision to not assess the Stillwater Country Club for Moore St. West road construction; • clarify where the money is coming from for the construction of the north half of Moore St. West; and • re-evaluate the policy for assessments throughout the City for optimal transparency and fairness to all residents. We further ask that our Ward Representative, David Junker, contact us to schedule a meeting with Moore St. West residents, to discuss the aforementioned requests. Thank you. July 30, 2017 Mayor Ted Kozlowski and Council Members Stillwater City Hall 216 4th Street North Stillwater, MN 55082 Re: Street Construction of Moore Street West Dear Sirs, I am writing on behalf of my husband and I and my neighbors on Moore Street West who are affected by the assessments for the current road construction. I understand that the city may assess residents according to the benefit they receive from the completed construction. I also understand that the city contributes 30% of the cost while the residents affected by the construction throughout the city are responsible for 70% of the cost. I attended the initial meeting in February, 2017, but was out of the country and missed the March 21st meeting. I have, however, reviewed the video of the relevant part of the March 21g meeting in which the issue of the assessment of the Stillwater Country Club was discussed. At that meeting, a question was raised about whether the Stillwater Country Club would be assessed for the construction of the north side of Moore Street West. The answer given was that it would not be because the city had determined that the Country Club would not benefit from the construction and that the city would pick up the cost. Since that time, there has been inconsistent information given to community members who have had further questions. I am writing to ask for clarification and to seek fairness for our community members who will be straggling to pay these assessments. First of all, we question the assertion that the construction will not benefit the Country Club. Moore Street is a two block street, with the Country Club running on the entire north side of the street. There is considerable traffic on the street by vehicles associated with the Country Club, including members using the street to get to the Country Club, Club service vehicles, members frequently parking on the north side of the street, especially on the west end of the street near the driving range and where the youth group eets. Many of the cars going to and from the Club travell at a high rate of speed. Additionally, a new water main was just installed which exclusively benefits the Club. When questioned further about this, the city stated that there would be no assessment because the Club's driveway is not on Moore Street. However, this reasoning is inconsistent with the fact that those homes on the corners of 4th Street, a Street and William Street whose driveways are not on Moore Street are being assessed for half the assessment to cover that portion of their property al ' n g Moore Street. Fairness demands that the Country Club pay its fair share. It is unclear what was meant by the statement that the city would pick up the cost of the north side of Moore Street West. First, does this mean that the taxpayers would be covering the cost for the private club? That is hardly fair. Second, there has been no explanation of how the payment by the city would work. The understanding that at least one of my neighbors was given was that the city would be paying 30% of the project. That is the established amount and does not take into account the other 70% for the north side of Moore Street. This would mean that those property owners who are being assessed for the current construction would be paying for that 70%. So, either certain property owners or the taxpayers of Stillwater as a whole would be paying for the benefit of a private club. We are asking that you clarify where the money is coming from for the construction of the north half of Moore Street West and that you reconsider the decision not to assess the Stillwater County Club for the construction work on Moore Street West. Thank you. Very truly yours, Ccaae rn_ Carol M. Gapen 215 Moore Street W Stillwater, MN 55082 Shawn Sanders lift From: Dave Magnuson <dtmagnuson@magnusonlawfirm.com> Sent: Wednesday, August 23, 2017 3:02 PM To: Tom McCarty; Shawn Sanders Cc: David Junker Subject: Golf Course Assessment Issues - Moore Street Improvement Tom and Shawn, We have MN Supreme Court cases and a MN Statute that we should consider when deciding whether to assess the golf course for the improvement of Moore Street. One Supreme Court case is Southview County Club v. City of Inver Grove Heights, 263 N.W.2nd 385, (1978). In that case, the City determined that part of the Golf Course had the potential for development into residential housing. On that basis, the City assessed parts of the Golf Course for water main and a sewer extension. The trial court approved the assessment and the case was appealed to the Supreme Court. The Court reversed and eliminated the assessment. They held that when an assessment is levied on a part of a landholding, the inquiry must be whether the function of the whole parcel is benefited. Based on that rationale, the Supreme Court held that the assessment was void because it "conferred no benefit on the Golf Course". Accordingly, the issue here is whether the improvement of Moore Street would confer a "special benefit" on the golf course. The MN Statute that should be considered is MN Stat. Sec. 273.112. This is known as the "MN Open Space Property Tax Law". In general, this law allows open space uses such as golf courses to be taxed for real estate tax purposes as golf courses. The law states: "...the assessor shall not consider the value such real estate would have if it were converted to commercial, industrial, residential or seasonal residential use." The law states that : "It is hereby declared that So the first question is: Is there a special benefit conferred upon the golf course, not on its potential for redevelopment, by the improvement of Moore Street? If the answer is "No" we need go no further. If we determine that there is a special benefit, then we must determine how much of an assessment can be lawfully levied for it. That determination must be based upon the limitation that the assessment can be no greater than the increase in market value of the golf course brought about by the special benefit. Buettner v. City of St. Cloud 277 N.W. 2d 199 (1979). I will put in a call to Ray Kircher and ask him for an off the cuff opinion. Dave David T. Magnuson Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082 Phone: 651-439-9464 Cell Phone: 651-492-0997 Fax: 651-439-5641 1 Shawn Sanders From: Dave Magnuson <dtmagnuson@magnusonlawfirm.com> Sent: Thursday, August 31, 2017 4:07 PM To: Tom McCarty; Shawn Sanders Cc: David Junker Subject: FW: Question for you Categories: Red Category Here is the response of Ray Kirchner to the question of whether the Golf Course would be benefitted. He is always ready to find some benefit and has testified for us on dozens of these assessment appeals. So I put a lot of stock in his opinion. I know that people along Moore are upset, but to slap something on the golf course that can't be sustained would not be a good idea. Let me know if you want anything further from me for the discussion on Tuesday. Dave From: rwka@comcast.net [mailto:rwka@comcast.net] Sent: Thursday, August 31, 2017 4:00 PM To: Dave Magnuson <dtmagnuson@magnusonlawfirm.com> Subject: Re: Question for you Dave, The benefit in my opinion would be minute and unable to be substantiated by any market data I'm aware of. I would suggest the City not pursue it. Ray From: "Dave Magnuson" <dtmagnuson@magnusonlawfirm.com> To: "rwka@comcast.net" <rwka@comcast.net> Sent: Thursday, August 31, 2017 2:12:00 PM Subject: Question for you Ray, The City is improving Moore Street this summer, and one side of the length improved abuts the Stillwater Country Club. The city is discussing an assessment roll for the project, and up until now the City did not plan to assess the golf course for any part of that road. The thinking was there was no special benefit. And there is a Supreme Court Case holding that a Golf Course could not be assessed based upon its potential for redevelopment and had to be considered just as a golf course. And then there is the state law on appraisal for the real estate taxes the require the same treatment. Now the neighbor's that are being assess are mad about this. The question is, in a general way, do you think the improvement of Moore would in any way increase the value of that property as a golf course? Call me if you would like to discuss. And ok to send a bill to the City for your time. Dave David T. Magnuson Magnuson Law Firm 1 324 Main Street South, Suite #260 Stillwater, MN 55082 Phone: 651-439-9464 Cell Phone: 651-492-0997 Fax: 651-439-5641 2 pfil v Il iolviVvVIVIVIVqg „ ,IJP 1 IlIrhpnl '1 r'I ��ooll I IIIA �I1M lNv, til Maim tll'I,hv1 �Id WY ^I 111I�II�IiI�I11�il'�ol Ilhi� (IMV � � �^�'M°iI� G'� luuluuul vovvvvvpid 1g 141 ,cls mailable11111111o11 RESOLUTION 2017-155 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 $989,692.08 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 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk EXHIBIT "A" TO RESOLUTION #2017-155 Page 1 LIST OF BILLS 3D Specialties Inc. Action Rental Inc. Advance Auto Parts Air Science USA Amano McGann Inc AME Construction Aspen Mills Astleford International Board of Water Commissioners Bolton and Menk Inc. Burks Tree and Landscape Care Century Link City of Maplewood Clog Un-Boggler Inc. Cole Papers Comcast Coverall of the Twin Cities Crosstown Sign Curb Masters Inc. CW Houle Inc Dero ECM Publishers Elder Jones Building Permit Services Emergency Apparatus Maintenance Emergency Automotive Emergency Medical Products Express Lube and Rental Fastenal Company Fire Marshals Assoc. MN Fire Safety U.S.A. Foundations to Faucets G & K Services Gertens Wholesale Hansen Todd & Audrey Hardrives Inc. Hassis Yard Services Heritage Printing Inc. Hotsy Equipment of Minnesota HueLife LLC Huggable Images I State Truck Center Jefferson Fire and Safety Inc. Junker Brad Kellington Construction Lake Management Inc. Supplies Concrete and mixing trailer Supplies Evidence lab Tickets Police project Uniforms & Badges Equipment repair supplies Aug 2017 WAC Professional services Tree care, education & outreach Telephone Burn house - training Unclog pipe Janitorial supplies Internet Commercial cleaning services Refund Sign Permit Cure compound San sewer rehab Penta nut tool Publications Refund Permit Vehicle services Smart alarm Supplies Tent rental Equipment repair supplies Fire alarm seminar Fire boots & equipment repair Refund Variance CPC/2017-33 Mats & uniforms Eastern white pines Refund Variance CPC/2017-28a 2017 Street Project Mowing services Activity books & door hangers Truck & equipment wash bulk 2017 Strategic Planning Safety training dolls Coolant Repair Reimburse for tr cam for evidence garage Police project Lake McKusick algae control 1,151.88 390.00 136.57 2,117.88 594.00 3,482.70 1,200.85 262.55 3,861.00 2,228.00 1,846.00 128.94 750.00 250.00 216.56 214.90 2,312.00 50.00 236.44 20,770.00 47.00 89.11 323.60 1,420.00 77.66 179.90 1,601.68 95.28 75.00 1,293.75 200.00 906.70 310.00 200.00 458,424.76 53.56 307.00 589.55 4,000.00 435.00 30.82 88.44 181.98 1,642.55 1,877.00 EXHIBIT "A" TO RESOLUTION #2017-155 Page 2 Lakeview Hospital League of MN Cities Loffler Companies Madden Galanter Hansen LLP Magnuson David Mansfield Oil Company Marshall Electric Company Menards Met Council Metropolitan Mechanical Contractors Minnesota Mayors Association MnFIAM Book Store Modern Heating & Air My Alarm Center NEOPOST USA Inc. Newman Signs Office Depot Olsen Chain and Cable Inc. Olsen Todd & Jessica O'Reilly Auto Parts Peterson Austin Phasor Electric Company Pinnacle Wall Systems Pro -Tec Design Rehn Code Consulting Services River Valley Printing Inc. RJ Mechanical Robole Donna Safety Signs Scott Danielle Service on a Shoestring Simplex Grinnell LP Simplifile LC St. Croix Marine and Power St. Croix Recreation Fun Playgrounds Stillwater and Oak Park Heights CVB Stillwater Investment Management Stillwater Motor Company Stillwater Turf & Power LLC Streichers T.A. Schifsky and Sons The Locals Thelen Heating & Roofing Thomson Reuters Thurnbeck Steel Fabrication Titan Machinery Shakopee Total Parking Solutions Inc. Blood draw Membership Plotter maint. Labor Relations Services Professional services Fuel Electrical work Supplies Aug 2017 SAC Maintenance & repairs Membership Training supplies Heater repair locker room Alarm monitoring Postage machine service Supplies Office furniture & supplies Supplies Refund Variance CPC 2017-38 Auto parts & supplies Reimburse for uniform supplies Police project Police project Proximity card Plan review Business cards & envelopes Equipment repair charges Reimburse for mileage Traffic control signs and barricades Refund returned ramp vouchers Recycling coordinator services Building repair charges Recording fees Boat repair Framed acrylic backboard Qtrly Lodging Tax Refund Parking Ramp Voucher Vehicle repairs Equipment repair Uniforms Aggregate Reimburse for actual costs Police project Information Charges Police project Arctic Snow & Ice Snow Blade Receipt paper 50.00 16,687.00 2,219.00 2,711.44 11,764.33 5,737.27 4,131.00 810.91 7,380.45 1,824.75 30.00 58.00 2,025.03 98.82 310.00 1,614.70 2,501.51 22.36 225.00 144.21 79.97 82,924.55 13,106.25 890.00 28,038.97 330.00 333.00 173.34 1,999.40 72.00 7,048.00 256.00 150.00 252.65 873.00 55,662.06 329.00 379.29 396.39 269.36 2,583.12 347.00 19,145.35 275.62 1,634.95 13, 949.00 195.00 EXHIBIT "A" TO RESOLUTION #2017-155 Page 3 Tri-State Bobcat Twin City Seed Company United Rentals North America US Bank Corporate Trust Svcs USAble Life Valley Trophy Inc. Verizon Wireless Walmart Community Warning Lites of MN Washington County Road & Bridge Wenck Construction Woodchuck Tree Care LLC WSB & Associates Inc. Xcel Energy REC CENTER 1ST Line/Leewes Ventures LLC Action Rental Inc. Al's Coffee Company Ammonia House Inc. Arrow Hockey & Sport AT&T Mobility Coca-Cola Distribution Comcast J.H. Larson Company Menards Pepsi Beverages Company RiedelI Shoes Inc. Sentry Systems Inc. Stillwater Farm Store Stripe A Lot Doug McLean dba CREDIT CARDS 10000 Lakes Chapter of ICC Amazon.com AMEM Backgroundchecks.com BCA Training & Auditing Breezy Point Resort Conterra Design Costco Wholesale Cub Foods Ebay Foxit Software Inc Kaba Access Control Hedge trimmer Fertilizer Cable ramps & air hose Paying agent fees Term Life Insurance Name plates and holders Wireless service Night to Unite supplies Pedestrian barricade Traffic services Police project Remove trees Stromwater management plan Energy Concession supplies Concrete & mixing trailer Hot beverages and supplies Equipment repair supplies Concession supplies Cell phone Beverages for concessions TV Internet & Voice Equipment repair supplies Equipment repair supplies Beverages for concessions Skates Alarm monitoring Cornerstone Plus Repaint curbs at Rec Center Seminar Office equipment & supplies AMEM Conference Back ground checks Training Hotel Triage kits Public safety employees meal July 4th Food Laptop charger Software Maint Restroom lock software upgrade 395.00 468.30 720.46 425.00 429.60 43.00 2,239.80 326.42 746.00 246.44 30,298.70 3,700.00 6,283.00 34,450.41 1,028.90 422.00 658.70 157.69 590.67 70.93 856.43 483.68 16.60 181.96 763.04 353.84 140.85 74.88 545.00 660.00 542.15 200.00 140.80 25.00 602.00 543.91 150.77 40.18 15.99 150.00 358.75 EXHIBIT "A" TO RESOLUTION #2017-155 Page 4 King Architectural Metals National Registry of EMT NUCPS RegOnline Sam's Club SignUpGenius.com LIBRARY Abbott Paint Baker and Taylor Barnhouse Office LLC Brechon Melissa J. Brodart Co Cartridge World Hudson Danforth Systems Fremming Susan E Grain Studio Inc Infogroup John Keister & Associates MEI Total Elevator Solutions Menards Midwest Tape Sico America Inc Toshiba Business Solutions LIBRARY CREDIT CARDS 3form Amazon.com Dream Host Gertens Wholesale Kowalski's Market Office Max River Market Co -Op Target Valley Bookseller Washington County Survey AUGUST MANUALS IPMA - HR MN Tools EMT Renewal Training Training July 4th food SignUpGenius Pro Silver Paint (Gallery/Kitchen) Materials Teen Room Interim Director & expenses Materials Supplies Cash Drawer Programs Programs Materials Library Director Search Elevator Repairs Supplies Materials Meeting Room Tables Maintenance Contract Teen Room (Lawson) Charging cart & materials Website Support Building Reconfiguration Director Search Interviews - Catering Supplies Programs - Adult Gift Card Gift Cards Materials - Reference Veterans Preference & Civil Service Woodrow William McBride Bridge closing party band 41.52 15.00 1,000.00 59.00 214.33 107.89 65.48 2,129.11 3,772.60 7,802.09 2,253.32 64.99 232.00 48.24 340.00 620.00 6,100.00 718.08 160.52 468.56 3,925.00 219.75 370.39 625.11 9.00 139.23 425.29 11.76 117.89 30.00 50.00 74.00 20.00 3,400.00 EXHIBIT "A" TO RESOLUTION #2017-155 Page 5 ADDENDUM Gopher State One CaII Locates 39.15 SW WC Service Cooperatives Retirees and COBRA Insurance 50,255.81 Xcel Energy Library Energy 4,530.46 TOTAL 989,692.08 Adopted by the City Council this 5th Day of September, 2017 ftijwater The Birthplace of Minnesota REGULAR MEETING RECESSED MEETING 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING SEPTEMBER 5, 2017 3:30 P.M. AGENDA I. CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 1. Budget Update 2. Discussion on 2nd Street Ramp 3. Discussion on Stillwater Country Club Assessments (available Tuesday) 4. Discussion on update of Chapter 30, Garbage & Trash IV. STAFF REPORTS 5. Police Chief 6. Fire Chief 7. City Clerk 8. Community Development Dir. 9. Public Works Dir. 10. Finance Director 11. City Attorney 12. City Administrator 7:00 P.M. AGENDA 3:30 P.M. 7:00 P.M. V. CALL TO ORDER VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. APPROVAL OF MINUTES 13. Possible approval of August 15, 2017 special and regular meeting minutes IX. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS X. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects, which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. XI. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered 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. 14. Resolution 2017-155, directing payment of bills 15. Resolution 2017-156, approving the 2017 health insurance plan design changes for City Council 16. Resolution 2017-157, approving 2017-2018 general wage adjustment for nonrepresented employees 17. Resolution 2017-158, approving the 2017 retainer adjustment for the City Attorney 18. Resolution 2017-159, amending City of Stillwater Personnel Policy 19. Resolution 2017-160, acceptance of the Certified Local Government (CLG) grant award 20. Resolution 2017-161, resolution designating 2018 polling locations within the City of Stillwater, Minnesota 21. Resolution 2017-162, approval of contract for Comprehensive Plan Consultant (available Tuesday) 22. Resolution 2017-163, appointing member to Human Rights Commission 23. Possible approval of garbage waiver requests. XII. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 24. Case 2017-31. This is the date and time for a public hearing to consider a Zoning Text Amendment (ZAT) to allow for Rooming Houses in the Business Park - Industrial District. The applicant, Colin Faulkner of The Heights MN, would like to operate at 1835 Northwestern Avenue in the Business Park - Industrial District. P.I.D. 32.030.20.41.0019. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 28, 2017. (Ordinance - 1st Reading - Roll Call) 25. Case No 2017-14. This is the date and time for a public hearing to consider a request from Fairway Dev LLC, for a Preliminary Plat request to allow for the creation of eight new single-family residential lots at 1902 William Street North in the RB - Two Family District. P.I.D. 21.030.20.23.0006. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 28, 2017. (Resolution - Roll Call) XIII. UNFINISHED BUSINESS 26. Possible selection of members for Comp Plan Advisory Committee XIV. NEW BUSINESS 27. Consideration of the Concept Master Plan for the new Lakeview Hospital Campus 28. Possible approval of development agreement for TIF #12 (Resolution - Roll Call) 29. Possible approval of development agreement for TIF #13 (Resolution - Roll Call) 30. Consideration of Planning Commission recommendation regarding a transfer of the Special Use Permit (SUP) for the Aurora Staples Inn (Resolution - Roll Call) 31. Possible adoption of resolutions declaring costs to be assessed and ordering preparation of assessment roll and calling for hearing for 2017 Street Improvement Project (Project 2017-02) (2 resolutions - Roll Call) (available Tuesday) 32. Discussion on Main Street Stairs 33. Curve Crest Villa TIF Note Mandatory Tender and Rate Reset (Resolution - Roll Call) 34. Possible adoption of resolutions (3 separate resolutions - Roll Call) a. Adopting the proposed tax levy for the payable year 2018 b. Adopting the proposed budget for the year 2018 c. Setting payable 2018 Truth -in -Taxation meeting date XV. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XVI. COMMUNICATIONS/REQUESTS XVII. COUNCIL REQUEST ITEMS XVIII. STAFF REPORTS (CONTINUED) XIX. ADJOURNMENT 8/31/2017 2018 Proposed Budget - Updated CITY OF STILLWATER September 5, 2017 2018 Proposed Budget Updated Information 1► Commercial Property Tax Impact of Tax Capacity All Funds Budget ► Fines & Forfeits — Revenue Decrease ► Staffing Requests ► Not -for -Profit Funding — Washington County Historical Society ► Updated Budget Factors is) 1 8/31/2017 Tax Impact -Commercial 2018 Updated Proposed Actual City Market Tax City Tax Property Value Capacity Rate Tax 1,364,200 26,534 56.927% $15,105.01 o 2018 Taxable Proposed City Market Tax City Tax Property Value Capacity Rate Tax $ Change % Change 1,500,620 29,262 52.693% $15,419.03 $314.02 2.1% Assumptions ► 10% increase in Market Value from 2017 to 2018 ► Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature. Property Taxpayers Who pays the property taxes? Tax Capacit D Residential Tax Payers ® Commercial/Industrial Taxpayers D Other Taxpayers 2 De • artment 8/31/2017 All Funds Budget Fund/Fund Type General Fund Special Revenue Funds Debt Service Funds Permanent Improvement Fund TIF Funds Operating Budget $13,142,558 $5,746,562 $4,408,343 $0 $1,517,888 Enterprise Funds $5,334,115 $30,149,466 Capital Outlay Budget Budget Total $1,394,900 $14,537,458 $2,617,400 $8,363,962 $0 $4,408,343 $5,980,000 $5,980,000 $0 $1,517,888 $501,500 $5,835,615 $10,493,800 $40,643,266 General Fund Mayor & Council Police Elections Fire MIS Inspections Finance Civil Defense Human Resources Engineering Administration Streets Legal Unallocated Community Development Special Revenue Funds Enterprise Funds Special Events Sanitary Sewer St Croix Valley Rec Center Storm Sewer Library Signs & Lighting Parks Parking Community Beautification Parking Ramp WaCo Recycling Lodging Tax Staffing Requests 2018 Requested/Recommended * Increase in Hours -Existing Position ** Promotion/Increase in Hours -Existing Position Position Start Date FTE Salary & Benefits Recommended Y/N MIS IT/GIS Technician Finance Accountant Building Inspections Building Inspector Plant/City Hall Facilities Manager Police Patrol Officer Community Development Admin Assistant* Fire Firefighter/Engineer Fire Admin Assistant/Data Spec II ** Engineering Assistant City Engineer Parks MW II Storm Sewer Assistant City Engineer Parking CSO 01/01/2018 1.00 01/01/2018 1.00 01/01/2018 10/01/2018 1.00 01/01/2018 1.00 01/01/2018 .20 01/01/2018 1.00 01/01/2018 .25 01/01/2018 .50 03/01/2018 1.00 01/01/2018 .50 04/01/2018 1.00 $72,761 N N N $25,250 Y $85,842 N $13,414 y $81,868 Y $25,310 y $50,440 Y $62,612 N $50,440 y $46,378 Y $71,755 .50 $56,116 3 8/31/2017 Not -for -Profit Funding - Authorization Washington County Historical Society ► MN Stat. Sec. 138.053 states: ► "The governing body of any home rule charter or statutory city or town may annually appropriate from its general fund an amount) to exceed 0.02418 percent of estimated market value derived fro valorem taxes on property or other revenues, to be paid to the historical society of it respective county to be used for the promotion of historical work and to aid in defraying the expenses of carrying on the historical work of the county" This is a very specific statutory authorization for an award to the Historical Society, subject to the limits noted above. Budget Factors Updated illOHealth Insurance 15% vs -1.1% Firefighter/Engineer position request restored Assessing (County Service) Fee - Increased $3,400 Tax Capacity Increase 4% vs 10% ► Fiscal Disparity Increase 5% vs 5.4% 4 8/31/2017 Firefighter/Engineer Request Restored ► FT Firefighter/Engineer Justification ► Ensure minimum effective response force to competently and safely respond to and ► Comply with OSHA Required Staffing Standards (29 CFR 1910.134 Respiratory Protect' ► Position will fill vacancy created by FT promotion (Approved in 2017 budget) ► Maintains 3 person duty crew integrity for each shift ► Establishes minimal assured staffing ► Staffing Issues Currently Affecting the Department ► Currently 10 Volunteer Paid -on -Call Vacancy's (VPOC) Exist ► Seven (7) VPOC Resignations in the last 8 months ► SFD does not have sufficient personnel to staff a moderate risk incident ► The VPOC ranks have not been fully staffed since 2011 ► Numerous recruitment and retention efforts have been incorporated to try and alleviate this issue over the last 10 years ► Significant increase in call volumes, inspections/plan reviews, new construction, special events, training requirements, numerous high risk occupancies and technical rescue threats —IMIlik Property Tax Levy ri in I O g a vs Updated Original (August 15th)... 2017 Adopted CITY-WIDE LEVY $8,857,823 General Operating Tax Levy $3,674,616 Debt Service Tax Levy Updated Proposal (September 5th)... 2018 Proposed $ Increase/ Decrease $9,436,264 $578,441 $3,669,887 -$4,729 % increase Decrease IF 6.53% -0.13% 4.58% 017 mir- General Operating Tax Levy $9,374,459 $516,636 $8,857,823 $3,674,616 Debt Service Tax Levy $12,532A39 Totals $3,437,356 -$237,260 5.83% -6.46% $12,811,815 $279,376 2.23% 5 8/31/2017 Property Tax Rate Last Ten Years and Proposed (Estimated) 2018* 70.00% 60.00% 50.00% 40.00% - 30.00% - 20.00% 10.00% - 0.00% LEA 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* 2008 48.127% 2009 47.930% 2010 49.432% 2011 52.539% 2012 54.674% 2013 61.503% 2014 58.216% 2015 54.916% 2016 56.996% 2017 56.927% 2018* 52.693% Tax Impact -Residential 2018 Updated Proposed From 2017 to 2018 Actual City Taxable Proposed City Market Tax City Tax Property Market Tax City Tax Property Value Capacity Rate Tax Value Capacity Rate Tax $ Change % Change 239,800 2,241 56.927% $1,275.73 255,200 2,409 52.693% $1,269.37 -$6.36 -.05% 94,000 652 56.927% $371.16 100,000 718 52.693% $378.34 $7.18 1.9% 141,000 1,164 56.927% $662.63 150,000 1,263 52.693% $665.51 $2.88 0.4% 235,000 2,189 56.927% $1,246.13 250,000 2,353 52.693% $1,239.87 -$6.26 -0.5% 375,900 3,725 56.927% $2,120.53 400,000 3,988 52.693% $2,101.40 -$19.13 -0.9% Assumptions ► 6.4% increase in Market Value from 2017 to 2018 ► Information is based on Residential Homestead Properties ► Market Values are converted to Tax Capacity Values using Class Rates determined by the MN Legislature. 6 THE 9 I R T H PLAC E OF- MINNESOTA TO: Mayor & Council Members DATE: August 31, 2017 RE: Concept plan for a municipal parking facility On 2nd Street between Olive Street and Chestnut Street FROM: Bill Turnblad, Community Development Director INTRO A local development team comprised of Mark Sweet, Mike Hoefler and Jim Boo have submitted a concept plan for a new municipal parking ramp on 2nd Street between Olive Street and Chestnut Street. As explained to city staff, the motivation for providing the City with the concept plan is to promote development of the next City parking ramp on this site in order to free up the City parking lot at the foot of Chilkoot Hill for a mixed use development. SUMMARY OF CONCEPT • The site includes three parcels. Two are owned by Shorty's Cleaners and one is owned b the Ci • The City property is Parking Lot 16, which has 47 parking spaces. • The concept plan for the new parking ramp has 346 spaces on four levels. The four level structure reads as a three story building. • Level 1 is accessed from 21'd Street (see picture above). • Level 2 is accessed from Chestnut Street. • Level 3, the layout of which can be seen below, is accessed from Olive Street and is ramped together with Level 4. Four level ramp: 346 spaces Page 2 of 3 Level 1 access on 2nd St Level 2 access on Chestnut St Level 3 access on Olive St Level 4 has ramp from Level 3 Shorty Drycleaner's lot eet Chestrd- Str O vvie Strut COMMENTS • Shorty's Cleaners would need to be purchased by the City and the dry cleaning plant would need to be relocated. • Shorty's is listed as a contributing building to the Downtown Historic District. Though listed buildings can be demolished, it may be better to de -list the building. • Future usage of the old armory building may need to rely on parking within the new parking ramp. • The owner of the office building at 3rd and Olive Streets had indicated several years ago that he was willing to work with the City to allow access to a parking ramp through his parking lot. The layout of the property in relation to the City lot can be seen in the air photo on page one of this memo. If this access to 3rd Street were possible, it would eliminate the need to connect the third and fourth levels by ramp. That would result in a gain of 34 parking spaces. Though, the gain in parking spaces would have to be weighed against the additional cost of bridging the slope between the two properties. • If construction costs for the new ramp are $25,000 per parking space1, then the construction costs for the 346 stall facility may be about $8.65 million. Land and relocation costs for the Shorty's Cleaner are not included in this price, nor are design and construction management costs. COUNCIL ACTION REQUESTED The City Council is asked to comment on both the concept plan set and the appropriateness of the project in general. Attachment: Concept Plan Set 1 The city ramp on 2nd Street next to the Lowell Inn cost $17,000 per space to construct. At was built nine years ago. 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C O w.1ACI600I.COM/MAIAICMIIIC Ti 111111// AAAAA 0111310112.620011901.COM STILLWATER. MJ O 1111.1111 .11210 011).14 Arm I19101MAIIOM6 Bill Turnblad From: marksweet@allnationsdevelopment.com Sent: Tuesday, July 18, 2017 2:55 PM To: BHI Turnblad Cc: Mike Hoefler; Jim Boo; James Zeller Subject: RE: Proposed Parking Ramp Attachments: 06-29-2017 PARKING RAMP-WATERMARK.PDF As per our discussions earlier this morning, please see the attached proposed rendering for a Parking Ramp. The project is presented by: the "Friends of Stillwater for Parking" a re -development site @ 2nd Street /Chestnut & Olive Street. The Development Team of Mark Sweet, Michael Hoefler and Jim Boo are long-term local residents of Stillwater who together in collaboration with Darren Lazan have developed this proposed concept. Collectively, the "Friends of Stillwater Parking", the Development Team, consists of professionals with substantial and diverse backgrounds in the following areas: Real Estate Development, Architectural/Engineering, Planning, Civil, and Survey along with Construction Management. We are currently in discussions respectively with Jim Zeller, who is representing the Shorty Cleaner (ownership) on their behalf. We firmly believe that this is an ideally situated location for a parking ramp within the downtown Stillwater district. We would welcome the potential opportunity to conduct an interactive open workshop with the City of Stillwater Council, with the intention and vision to eventually join forces with both the residents and business communities. As residents and business owners we openly would provide and assist informatively. We would welcome your feedback and look forward to your confirmation moving forward. Best Regards, Mark Sweet All Nations Development Alliance Stillwater Mills Building 350 N. Main Street, Suite 236 Stillwater, MN 55082 (612)-226-4603 marksweet@allnationsdevelopment.com http://www.allnationsdevelopment.com 1 4jflwater Administration 1, Date: August 25, 2017 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: Update of Chapter 30, Garbage and Rubbish Staff is in the process of updating Chapter 30, Garbage and Rubbish in the Stillwater City Code to include recycling to be comparable to Washington County's Solid Waste Plan. This ordinance update is one of the projects defined in our Washington County Recycling Grant. Staff is working with Susan Young of Foth (Environmental Engineering) who provides free consulting in reviewing proposed ordinances on recycling through the Recycling Grant. In researching different ordinances throughout Washington County, questions were raised that require Council direction. 1. Does the City want mandatory recycling in the commercial areas (mandatory in residential areas)? Most businesses are now required to recycling at least three materials under a new state law. There is Biz Recycling grant money (up to $10,000) and free consulting services to help businesses design a new or improved recycling program available through Washington County. Cities in Washington County that currently mandate commercial areas recycle are: • Bayport • Cottage Grove • Mahtomedi • Newport • Oakdale 2. Does the City want to license haulers? In the current Chapter, there are no regulations for commercial trash haulers. The City does regulate Waste Management through the City's residential contract, however it is unknown if commercial area haulers meet the same requirements as our residential contract (trucks, safety, hours of operation etc.). City Attorney Magnuson is researching the question "if licensing haulers, how does it comply or relate to the State's Waste Management statute and organized collection". Cities in Washington County that currently license haulers (with associated fees) are: Cottage Grove $350.00 Oak Park Heights $150.00 Oakdale $850.00 Mahtomedi $250.00 Afton $100.00 City of White Bear Lake $150.00 Woodbury $500.00 plus $75.00 per truck Lake St. Croix Beach No fee Forest Lake $50.00 Stillwater Township $100.00 Hugo: $540.00 for the application St. Paul Park $200.00 plus $165.00 3. Should owners of rental property be required to put garbage bills in their name rather than the renter's name? Most rental property owners require their renters to contact Waste Management for service and have the garbage bills sent to the renter. The issues with this practice are: a) Property owners cannot verify that their renters are current on their Waste Management bill due to Waste Management's data privacy policies. In order to get that information property owners or management companies must contact the City and the City receives a billing history for the building owner. b) Property owners may not check for delinquencies and not be aware renters are delinquent until the notice to assess the delinquency arrives 45 days prior to the delinquent balance due date, or on their property tax statement. As a result, property owners contact the City for explanation and that is when they find out that the owner of the property is ultimately responsible for the delinquent bill. The City has been educating property owners on this inquiry; however, it is still an issue. c) Waste Management's billing process is by account number rather than property address. The City has had instances where the renter does not discontinue service, new renter orders service and there are two accounts (or more) open on the same property and an assessment is put on the rental property owner because of the old account(s). When this happens, City staff spends a considerable amount of time researching the issue with Waste Management and an abatement is done by the City or refund from Waste Management is given. Hugo has just changed their ordinance to require that rental property owners put any (not just garbage) utility bills in their name; the City of White Bear Lake, St. Paul and St. Paul Park are working towards that goal as well, due to the issues address above. The City of St. Paul Garbage Ordinance does state that the owner is responsible and liable for garbage service and assess for delinquent garbage. St. Paul's Code Sec. 32.03 - Garbage Service "The owner of any building shall provide for the collection of municipal solid waste in accordance with Section 34.11 and Section 357.05(f) of the Code. Said owner shall be responsible and liable hereunder whether or not the said owner occupies or resides in the building, and whether or not said building is leased or rented to another." Staff has suggested to rental property owners to put the bill in their name (and some have) and have adjusted the rent accordingly so they can avoid delinquent garbage assessments on their property taxes. The updated ordinance, after review by the City Attorney and the Environmental Consultant to Washington County, would come before Council by the end of the year. ACTION REQUIRED: Review the information and provide direction to staff if any of the above should be included in the updated ordinance. Chapter 30 GARBAGE AND RUBBISH* Sec. 30-1. Removal. *Cross references—Depositing certain materials upon streets, § 52-7; sanitary landfill, ch. 53. State law references—Waste management, Minn. Stat. § 115A.01 et seq.; rubbish removal, Minn. Stat. § 443.015 et seq. CD30:1 GARBAGE AND RUBBISH § 30-1 Sec. 30-1. Removal. Subd. 1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this sub- division, except where the context clearly indi- cates a different meaning: Curbside means the side of the curb opposite the traveled portion of a roadway. Extra household waste means bagged yard waste, tree branches and bundled brush not exceeding four feet in length or 40 pounds per bundle, appliances, furniture, doors, windows and con- struction material of reasonable quantities gener- ated from handiwork performed by a resident on his dwelling. Normal household waste means food waste, paper, plastics, metal beverage and food cans, glass, packaging material for household items and other mixed municipal waste typically gener- ated by the normal household. The items listed in each definition shall be con- sidered examples of the type of solid waste within each category. Normal waste does not include rocks, sod, cement, dirt or construction material accumulated from substantial work performed on a dwelling by a general contractor or from sub- stantial remodeling done by a consumer. All other items or phrases used in this chapter shall have the meaning given to the terms in the solid waste management plan, as approved by City Council Resolution No. 91-239, dated December 3, 1991. (Ord. No. 1013, § 1, 2-16-10) Subd. 2. Purpose. The purpose of this chapter is to maintain and protect the public health and sanitation by the removal of garbage and rubbish from residences in the city and to prevent the unregulated and unrestricted hauling of garbage and rubbish by other means than through the garbage and rubbish collection system estab- lished by this chapter so as to eliminate the dispersal of garbage and rubbish along the streets, roads and other properties in and near the city. Subd. 3. Collection by the city. All garbage and rubbish accumulated in residences in the city shall be collected, conveyed and disposed of by the city or by its duly authorized contractor. No Supp. No. 36 person shall collect or dispose of any garbage or rubbish accumulated on residential premises of the city except the city or its designated contrac- tor. Subd. 4. Containers. Garbage and rubbish con- tainers shall be only those authorized by the city and provided to the consumer by the city contrac- tor and shall be equipped with suitable handles and tightfitting covers and shall be watertight. Subd. 5. Consumer regulations. Consumer reg- ulations are as follows: (1) Garbage and rubbish containers shall be stored out of view of the public street, except that the containers may be placed at curbside after 5:00 p.m. the day before the scheduled collection and on days sched- uled for collection. The garbage and rub- bish containers shall be made readily ac- cessible to the collector by placing the container at curbside no later than 6:00 a.m. on the day of collection. Any person that observes a garbage and rubbish con- tainer that has been placed on the trav- eled portion of a roadway is entitled to move the container to curbside. (2) The consumer shall be responsible for the damage or loss of a container and shall be liable to the contractor for this damage, except that reasonable wear is expected. (3) No mixing of household waste, yard waste, hazardous waste or other solid waste shall be permitted. (4) No container shall be unreasonably com- pacted by stuffing or otherwise. (5) A 30 -gallon bag of waste shall not exceed 30 pounds, and a bag of yard waste shall not exceed 40 pounds. (6) All bags shall be closed at the top and the lid fit securely shut on each container. (7) Residents must participate in the recy- cling program. (Ord. No. 1013, § 2, 2-16-10) CD30:3 § 30-1 STILLWATER CODE Subd. 6. Collection practices. Collection prac- tices are as follows: (1) Garbage and rubbish shall be collected at least once each week according to a sched- ule to be determined and notice given by the city from time to time. (2) The pickup of normal and yard household waste is not unlimited in quantity and the fee for collection of normal household waste and yard waste may be set from time to time by resolution of the city council. Subd. 7. Storage of garbage and rubbish. No person shall place any garbage or rubbish in any street, alley or other public place or upon any private property, whether or not owned by the person, within the city, unless it is in proper containers for collection, nor shall any person throw or deposit any garbage or rubbish in any stream or other body of water. Any unauthorized accumulation of garbage or rubbish on any pre- mises is hereby declared to be a nuisance and is prohibited. No person shall cast, place or deposit anywhere within the city any garbage or rubbish in a manner that may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the city. (Ord. No. 800, 12-6-94; Ord. No. 819, 10-7-95) Subd. 8. Fees. The fees for collection per month are established by the city council in the agree- ment negotiated with the city's hauler. The minimum charge for each and every dwelling unit shall be based on the fee for a 30 gallon container. Multifamily residences of three or more units shall pay the mandatory rate for 30 gallon containers per dwelling unit unless a different rate is negotiated between the contractor and the residence. A residence shall be allowed to change container size at intervals of not less than two billing quarters and must give at least 30 day notice to the contractor. When a proper notice is received, changes in fees will be made to the following quarter billing. Changes in containers and re- lated fees shall only be made on a quarterly basis. In the event a residence desires collection of normal household waste in excess of the waste Supp. No. 36 held by the resident's container per week, they shall place the waste in bags not exceeding 30 gallons. Residents shall pay the contractor $1.50 for each additional 30 gallon bag. Residents who will be continuously absent from the city for more than 90 days and notify the city's contractor, will not be charged during the period of their absence. (Ord. No. 886, § 1, 1-4-00; Ord. No. 932, § 1, 1-21-03; Ord. No. 992, § 1, 4-1-08) Subd. 9. Relief for senior citizens and the dis- abled. Relief for senior citizens and the disabled shall be as follows: CD30:4 (1) Reduced rates for senior citizens and the disabled are available if no more than two people reside within a household and that the head of household is 62 years of age or older, or is retired by reason of permanent disability regardless of age. The senior rate requires the use and is based upon the minimum container (30 -gallon) pro- vided by the city's contractor. (2) The city council may, in its discretion, waive the payment of any charges for solid waste collection when it determines by a majority vote as disclosed by an application for relief that not more than two people reside within a household and that the head of household is 62 years of age or older, or is retired by reason of permanent disability regardless of age, and that the payment of the solid waste charges and fees would be a hardship. (3) Persons seeking relief must make appli- cation on a form prescribed by the clerk setting forth applicant's income and as- sets at the time of the making of the application. (4) Relief granted hereunder will terminate upon the occurrence of any of the follow- ing events: a. The death of eligible persons, in that the surviving spouse is not eligible for the same relief; or GARBAGE AND RUBBISH § 30-1 b. If for any reason the city council determines that the payment of the solid waste fee is no longer be a hardship. (Ord. No. 992, § 2, 4-1-08) Subd. 10. Collection of charges. Monthly fees shall be due and payable quarterly in advance. All accounts shall be delinquent if not paid within 90 days after the statement is rendered. The charges shall be a charge against the owner, lessee or occupier of any residential unit and any such charge properly billed and unpaid may be col- lected in a civil action in a court of competent jurisdiction or at the discretion of the city council may be certified to the county auditor for collec- tion with the real estate taxes. A penalty charge of $5.00 or ten percent of delinquent charges due, whichever is greater, shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. Subd. 11. [Accumulation of garbage and rub- bish]. (1) All garbage and rubbish accumulated in areas of the city not subject to mandatory collection by the contractor authorized by the city for residential collection, must contract with a solid waste removal con- tractor licensed by or authorized by the County of Washington for removal and lawful disposal of garbage and rubbish. (2) If the city determines a health or safety hazard exists in the manner garbage and rubbish is stored on site and held for removal by a contractor, a solid waste plan must be provided to the city that controls or eliminates the condition. Once the plan is approved by the city, failure to abide by the plan is a violation of the City Code. (3) No person shall deposit garbage or rub- bish accumulated by a residence or busi- ness in the container of another or in a container maintained by the city for col- lection of litter from city streets or parks. (Code 1980, § 30.01; Ord. No. 637, 7-15-85; Ord. No. 651, 7-15-86; Ord. No. 668, 6-7-87; Ord. No. 683, 8-16-88; Ord. No. 696, 2-21-89; Ord. No. 753, Supp. No. 36 2-18-92; Ord. No. 760, 5-19-92; Ord. No. 800, 12-6-94; Ord. No. 819, 10-17-95; Ord. No. 836, § 1, 2-18-97; Ord. No. 843, §§ 1, 2, 10-7-97; Ord. No. 857, § 1, 4-21-98; Ord. No. 886, §§ 2, 3, 1-4-00; Ord. No. 923, §§ 1(a) -1(e), 5-21-02; Ord. No. 933, § 2, 2-4-03) CD30:5 iliwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING August 15, 2016 SPECIAL MEETING 3:30 P.M. Mayor Kozlowski called the meeting to order at 3:30 p.m. Present: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Staff present: City Administrator McCarty Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Human Resources Manager Robole Recreation Center Manager Brady City Clerk Ward OTHER BUSINESS Budget Workshop City Administrator McCarty and Finance Director Harrison presented the proposed 2018 budget to the Council. It was the consensus of the Council to bring the following back to Council at the next meeting for discussion. • Commercial Property Tax Impact & Percentage of Tax Capacity • All funds budget • Fines & Forfeits — Revenue Decrease • Staffing requests • Not -for -Profit Funding Opinion — Washington County Historical Society • Updated budget factors Mayor Kozlowski adjourned the special meeting at 4:40 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Weidner and Mayor Kozlowski Staff present: City Administrator McCarty Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward City Council Meeting August 15, 2017 PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Weidner, seconded by Councilmember Polehna to approve the August 2, 2017 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificates of Appreciation for donations to 2017 Fireworks Mayor Kozlowski acknowledged, by a Council Certificate of Appreciation, the donations for the 2017 4th of July Fireworks Display Spectacular, to Margaret Rivers Fund, Kwik Trip, Pub 112, St. Croix Boat & Packet, Cover Park Manor, Inc. and DBD Partners Inc. (Water Street Inn), and Sabes Family Foundation. OPEN FORUM Cameron Murray, 350 Main Street N inquired about the sidewalks on Main Street could be reconstructed independent from MnDOT as their project would not happen for a few years. He explained that some sidewalks are uneven and not useful for wheelchairs etc. Another concern is a littering ordinance that could be enforced to ensure that business owners clean up their sidewalk. Mayor Kozlowski inquired about the sidewalk replacement and assessment. Public Works Director Sanders responded that in the 2018 budget there is a proposed sidewalk rehabilitation project and the City could assess the property owners for the rehabilitation, however there is more to the project than just rehabilitation and to widen sidewalks, there is storm sewers repair and move, the project is extensive. Mr. Sanders continued that regarding the litter etc. that they have informed store owners if they sweep to the street that the street sweeper would pick up on Friday to make downtown cleaner for the weekends. STAFF REPORTS No Staff reports. CONSENT AGENDA Resolution 2017-151, directing payment of bills Resolution 2017-152, resolution accepting cash donations Receipt of Board of Water Commissioners Financial Statement Motion by Councilmember Menikheim, seconded by Councilmember Junker to approve the Consent Agenda. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna and Mayor Kozlowski Nays: None Page 2 of 4 City Council Meeting August 15, 2017 PUBLIC HEARINGS A public hearing to consider the adoption of a portable recording system (body camera) policy Police Chief Gannaway and Alex Popov of Visual Labs provided Council with the proposed policy and demonstration of the proposed body cameras to be used. Chief Gannaway stated that the policy addresses evidence documentation, provides accountability of the officers, protects the officers and the community, provides transparency, and decrease or limit liability to the City. Cameron Murry, 350 Main Street N, asked how does the video get stored. Mr. Popov responded that once the video is complete, it is encrypted and sent to the government cloud. Mr. Murry felt that the policy should be stronger when it is turned on, such as when officers get to the area of the call. He used the resent incident in St. Paul as an example. Councilmember Junker asked if each officer is responsible for their own body camera or are they circulated throughout the department and if there are reminders to the officers if they forget to shut it off. Chief Gannaway responded that each officer will have their own body cameras. Mr. Popov responded that there are settings on the phone for vibration to let officers know the camera is on. Councilmember Weidner expressed concern on the cameras, especially given that the videos were not easily viewed (sideways). Mr. Popov explained that the viewer makes the difference — Windows Media Player is unable to be rotated, but with VLC or QuickTime it respects the rotation. UNFINISHED BUSINESS No Unfinished Business items. NEW BUSINESS Possible approval of Stipulation for Settlement of an Assessment Appeal 2016 Street Improvement Pro' ect Public Works Director Sanders reviewed the Stipulation for Settlement with Council and that staff feels that this settlement is reasonable when considering the cost of attorney fees and appraisals if it went to trial. Councilmember Polehna and Junker expressed concern on accepting the stipulation for settlement. Motion by Mayor Kozlowski, seconded by Councilmember Weidner to adopt Resolution 2017- 153, approval of stipulation of agreement (an assessment appeal of 2016 Street Improvement Project), Ayes: Councilmembers Menikheim, Weidner, and Mayor Kozlowski Nays: Councilmembers Junker and Polehna Page 3 of 4 City Council Meeting August 15, 2017 Possible approval of member to Traffic Safety Committee (Resolution — Roll Call) City Clerk Ward informed the Council of the opening on that traffic safety committee and that one application was received. This committee is different in the appointment process for other commissions/boards because there is no Council representative on the committee, therefore the decision for appointment is up to the Council. Public Works Director Sanders explained the structure of the committee and that there is a chair of the commission, Jerod Prom. It is a citizen group that makes recommendations to staff, it is not a committee that makes policy decisions. Councilmember Polehna stated that he would like to see a commission member have engineering experience. Motion by Councilmember Junker, seconded by Council Menikheim to adopt Resolution 2017- 154, appointment of Rob SanCartier to the Traffic Safety Review Committee. Ayes: Councilmembers Menikheim, Junker, and Mayor Kozlowski Nays: Councilmembers Weidner and Polehna Possible selection of members for Comprehensive Plan Advisory Committee Community Development Director Turnblad stated the past several months candidates have been solicited and 55 have indicated an interest in serving on the committee. He recommended that a small work group with two Councilmembers and staff review the skill sets and come back to Council with a recommendation at the September 5th meeting. Discussion on the number of individuals for the committee occurred and the consensus of Council was a committee size of 18-24, based on skill sets and Ward representation. The representatives for the work group are Councilmembers Junker and Polehna with staff representatives City Administrator McCarty and Community Development Director Turnblad. ADJOURNMENT Motion by Councilmember Weidner, seconded by Councilmember Polehna to adjourn the meeting at 8:06 p.m. Ted Kozlowski, Mayor ATTEST: Diane F . Ward, City Clerk Resolution 2017-151 Resolution 2017-152 Resolution 2017-153 Resolution 2017-154 directing the payment of bills resolution accepting cash donations approval of stipulation of agreement (an assessment appeal of 2016 Street Improvement Project) appointment of Rob SanCartier to the Traffic Safety Review Committee Page 4 of 4 EXHIBIT "A" TO RESOLUTION #2017-155 Page 1 LIST OF BILLS 3D Specialties Inc. Action Rental Inc. Advance Auto Parts Air Science USA Amano McGann Inc AME Construction Aspen Mills Astleford International Board of Water Commissioners Bolton and Menk Inc. Burks Tree and Landscape Care Century Link City of Maplewood Clog Un-Boggler Inc. Cole Papers Comcast Coverall of the Twin Cities Crosstown Sign Curb Masters Inc. CW Houle Inc Dero ECM Publishers Elder Jones Building Permit Services Emergency Apparatus Maintenance Emergency Automotive Emergency Medical Products Express Lube and Rental Fastenal Company Fire Marshals Assoc. MN Fire Safety U.S.A. Foundations to Faucets G & K Services Gertens Wholesale Hansen Todd & Audrey Hardrives Inc. Hassis Yard Services Heritage Printing Inc. Hotsy Equipment of Minnesota HueLife LLC Huggable Images I State Truck Center Jefferson Fire and Safety Inc. Junker Brad Kellington Construction Lake Management Inc. Supplies Concrete and mixing trailer Supplies Evidence lab Tickets Police project Uniforms & Badges Equipment repair supplies Aug 2017 WAC Professional services Tree care, education & outreach Telephone Burn house - training Unclog pipe Janitorial supplies Internet Commercial cleaning services Refund Sign Permit Cure compound San sewer rehab Penta nut tool Publications Refund Permit Vehicle services Smart alarm Supplies Tent rental Equipment repair supplies Fire alarm seminar Fire boots & equipment repair Refund Variance CPC/2017-33 Mats & uniforms Eastern white pines Refund Variance CPC/2017-28a 2017 Street Project Mowing services Activity books & door hangers Truck & equipment wash bulk 2017 Strategic Planning Safety training dolls Coolant Repair Reimburse for tr cam for evidence garage Police project Lake McKusick algae control 1,151.88 390.00 136.57 2,117.88 594.00 3,482.70 1,200.85 262.55 3,861.00 2,228.00 1,846.00 128.94 750.00 250.00 216.56 214.90 2,312.00 50.00 236.44 20,770.00 47.00 89.11 323.60 1,420.00 77.66 179.90 1,601.68 95.28 75.00 1,293.75 200.00 906.70 310.00 200.00 458,424.76 53.56 307.00 589.55 4,000.00 435.00 30.82 88.44 181.98 1,642.55 1,877.00 EXHIBIT "A" TO RESOLUTION #2017-155 Page 2 Lakeview Hospital League of MN Cities Loffler Companies Madden Galanter Hansen LLP Magnuson David Mansfield Oil Company Marshall Electric Company Menards Met Council Metropolitan Mechanical Contractors Minnesota Mayors Association MnFIAM Book Store Modern Heating & Air My Alarm Center NEOPOST USA Inc. Newman Signs Office Depot Olsen Chain and Cable Inc. Olsen Todd & Jessica O'Reilly Auto Parts Peterson Austin Phasor Electric Company Pinnacle Wall Systems Pro -Tec Design Rehn Code Consulting Services River Valley Printing Inc. RJ Mechanical Robole Donna Safety Signs Service on a Shoestring Simplex Grinnell LP Simplifile LC St. Croix Marine and Power St. Croix Recreation Fun Playgrounds Stillwater and Oak Park Heights CVB Stillwater Investment Management Stillwater Motor Company Stillwater Turf & Power LLC Streichers T.A. Schifsky and Sons The Locals Thelen Heating & Roofing Thomson Reuters Thurnbeck Steel Fabrication Titan Machinery Shakopee Total Parking Solutions Inc. Tri-State Bobcat Blood draw Membership Plotter maint. Labor Relations Services Professional services Fuel Electrical work Supplies Aug 2017 SAC Maintenance & repairs Membership Training supplies Heater repair locker room Alarm monitoring Postage machine service Supplies Office furniture & supplies Supplies Refund Variance CPC 2017-38 Auto parts & supplies Reimburse for uniform supplies Police project Police project Proximity card Plan review Business cards & envelopes Equipment repair charges Reimburse for mileage Traffic control signs and barricades Recycling coordinator services Building repair charges Recording fees Boat repair Framed acrylic backboard Qtrly Lodging Tax Refund Parking Ramp Voucher Vehicle repairs Equipment repair Uniforms Aggregate Reimburse for actual costs Police project Information Charges Police project Arctic Snow & Ice Snow Blade Receipt paper Hedge trimmer 50.00 16,687.00 2,219.00 2,711.44 11,764.33 5,737.27 4,131.00 810.91 7,380.45 1,824.75 30.00 58.00 2,025.03 98.82 310.00 1,614.70 2,501.51 22.36 225.00 144.21 79.97 82,924.55 13,106.25 890.00 28,038.97 330.00 333.00 173.34 1,999.40 7,048.00 256.00 150.00 252.65 873.00 55,662.06 329.00 379.29 396.39 269.36 2,583.12 347.00 19,145.35 275.62 1,634.95 13,949.00 195.00 395.00 EXHIBIT "A" TO RESOLUTION #2017-155 Page 3 Twin City Seed Company United Rentals North America US Bank Corporate Trust Svcs USAble Life Valley Trophy Inc. Verizon Wireless Walmart Community Warning Lites of MN Washington County Road & Bridge Wenck Construction Woodchuck Tree Care LLC WSB & Associates Inc. Xcel Energy REC CENTER 1ST Line/Leewes Ventures LLC Action Rental Inc. Al's Coffee Company Ammonia House Inc. Arrow Hockey & Sport AT&T Mobility Coca-Cola Distribution Comcast J.H. Larson Company Menards Pepsi Beverages Company RiedelI Shoes Inc. Sentry Systems Inc. Stillwater Farm Store Stripe A Lot Doug McLean dba CREDIT CARDS 10000 Lakes Chapter of ICC Amazon.com AMEM Backgroundchecks.com BCA Training & Auditing Breezy Point Resort Conterra Design Costco Wholesale Cub Foods Ebay Foxit Software Inc Kaba Access Control King Architectural Metals Fertilizer Cable ramps & air hose Paying agent fees Term Life Insurance Name plates and holders Wireless service Night to Unite supplies Pedestrian barricade Traffic services Police project Remove trees Stromwater management plan Energy Concession supplies Concrete & mixing trailer Hot beverages and supplies Equipment repair supplies Concession supplies Cell phone Beverages for concessions TV Internet & Voice Equipment repair supplies Equipment repair supplies Beverages for concessions Skates Alarm monitoring Cornerstone Plus Repaint curbs at Rec Center Seminar Office equipment & supplies AMEM Conference Back ground checks Training Hotel Triage kits Public safety employees meal July 4th Food Laptop charger Software Maint Restroom lock software upgrade Tools 468.30 720.46 425.00 429.60 43.00 2,239.80 326.42 746.00 246.44 30,298.70 3,700.00 6,283.00 34,450.41 1,028.90 422.00 658.70 157.69 590.67 70.93 856.43 483.68 16.60 181.96 763.04 353.84 140.85 74.88 545.00 660.00 542.15 200.00 140.80 25.00 602.00 543.91 150.77 40.18 15.99 150.00 358.75 41.52 EXHIBIT "A" TO RESOLUTION #2017-155 Page 4 National Registry of EMT NUCPS RegOnline Sam's Club SignUpGenius.com LIBRARY Abbott Paint Baker and Taylor Barnhouse Office LLC Brechon Melissa J. Brodart Co Cartridge World Hudson Danforth Systems Fremming Susan E Grain Studio Inc Infogroup John Keister & Associates MEI Total Elevator Solutions Menards Midwest Tape Sico America Inc Toshiba Business Solutions LIBRARY CREDIT CARDS 3form Amazon.com Dream Host Gertens Wholesale Kowalski's Market Office Max River Market Co -Op Target Valley Bookseller Washington County Survey AUGUST MANUALS IPMA - HR MN EMT Renewal Training Training July 4th food SignUpGenius Pro Silver Paint (Gallery/Kitchen) Materials Teen Room Interim Director & expenses Materials Supplies Cash Drawer Programs Programs Materials Library Director Search Elevator Repairs Supplies Materials Meeting Room Tables Maintenance Contract Teen Room (Lawson) Charging cart & materials Website Support Building Reconfiguration Director Search Interviews - Catering Supplies Programs Adult Gift Card Gift Cards Materials - Reference Veterans Preference & Civil Service Woodrow William McBride Bridge closing party band 15.00 1,000.00 59.00 214.33 107.89 65.48 2,129.11 3,772.60 7,802.09 2,253.32 64.99 232.00 48.24 340.00 620.00 6,100.00 718.08 160.52 468.56 3,925.00 219.75 370.39 625.11 9.00 139.23 425.29 11.76 117.89 30.00 50.00 74.00 20.00 3,400.00 til Iwater Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator DATE: August 23, 2017 SUBJECT: 2017 Health Insurance Plan Design Changes for City Council Members BACKGROUND The City of Stillwater concluded negotiations for successor labor agreements for 2017 and 2018. Updates in the agreements included implementing plan design changes replacing the Triple Gold health insurance plan with the Gold Group Value Plan and replacing the Silver Plan with the Silver Group Value Plan subject to the ability of the City to make the change. The deductible amounts satisfied and out of pocket maximum amounts satisfied through June 30, 2017, will transfer toward the Group Value Network deductible and out of pocket maximums for the plan effective July 1, 2017. If an individual moves from a higher deductible to a lower deductible amount, the excess from the higher deductible will not transfer. The City Council members' health insurance package was included in this plan change effective update July 1, 2017. The employer's contribution toward dependent health insurance coverage increased by $15 effective January 1, 2017, and $15 effective January 1, 2018. RECOMMENDATION The proposed health insurance plan design changes are consistent with direction from City Council for labor negotiations and are the basis for a recommendation related to health insurance coverage for City Council members. Increased employer contributions toward coverage are included in the City's approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2017 Health Insurance Plan Design Changes for City Council Members." RESOLUTION NO. 2017-156 APPROVING THE 2017 HEALTH INSURANCE PLAN DESIGN CHANGES FOR CITY COUNCIL MEMBERS NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that: • Effective July 1, 2017, implement health insurance plan design changes replacing Triple Gold with Gold Group Value Plan and replacing Silver Plan with Silver Group Value Plan • Health Insurance - Increase employer contribution toward dependent coverage by $15 per month effective January 1, 2017, and $15 per month effective January 1, 2018 Adopted by the Stillwater City Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator DATE: August 23, 2017 SUBJECT: 2017 — 2018 General Wage Adjustment for Nonrepresented Employees BACKGROUND The City of Stillwater implemented a classification compensation system effective January 1, 2017, and wage and health insurance changes in 2017. This request for a compensation adjustment for nonrepresented employees follows concluded negotiations for 2017 and 2018 successor labor agreements, retroactive to January 1, 2017, as follows: • Wages o Implementation of Classification Compensation System effective January 1, 2017: • Effective January 1, 2017, nonrepresented employees 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 • Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter, subject to satisfactory performance evaluation o General Wage Increase: 2.25% retroactive to January 1, 2107; 2.5% increase effective January 1, 2018 • Health Insurance — Increase employer contribution for group health insurance coverage by $15 per month effective January 1, 2017, and $15 per month effective January 1, 2018 RECOMMENDATION The proposed wage adjustments and health insurance plan design changes follow a pattern consistent with direction from City Council for labor negotiations. Increased employer contributions are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2017-2018 General Wage Adjustment for Nonrepresented Employees." RESOLUTION NO. 2017-157 APPROVING 2017-2018 GENERAL WAGE ADJUSTMENT FOR NONREPRESENTED EMPLOYEES NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the total compensation for City nonrepresented employees for 2017 and 2018 (retroactive to January 1, 2017) shall be adjusted as follows: • Wages o Implementation of Classification Compensation System effective January 1, 2017: ■ Effective January 1, 2017, nonrepresented employees 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 ■ Annual step movement effective on first day of first payroll period following anniversary date in 2018 and thereafter, subject to satisfactory performance evaluation o General Wage Increase: 2.25% retroactive to January 1, 2107; 2.5% increase effective January 1, 2018 • Health Insurance - Increase employer contribution for group health insurance coverage by $15 per month effective January 1, 2017, and $15 per month effective January 1, 2018 Adopted by the Stillwater City Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Nonrepresented Wage Structure APPENDIX A 2017 Base Pay Structure Position Title Job Evaluation Point Grade Points Range Min Max Pay Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Human Resources Manager 11 $74,586.40 $77,782.96 $80,979.52 $84,176.08 $87,372.64 $90,569.20 $93,765.76 $96,962.32 $100,158.88 $103,355.43 $106,551.99 City Administrator 14 $102,006.67 $106,378.37 $110,750.09 $115,121.80 $119,493.52 $123,865.23 $128,236.95 $132,608.66 $136,980.38 $141,352.09 $145,723.81 2018 Base Pay Structure Position Title Job Evaluation Point Grade Points Range Min Max Pay Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Human Resources Manager 11 $76,451.06 $79,727.53 $83,004.00 $86,280.48 $89,556.95 $92,833.43 $96,109.90 $99,386.37 $102,662.85 $105,939.32 $109,215.79 City Administrator 14 $104,556.83 $109,037.83 $113,518.85 $117,999.85 $122,480.86 $126,961.86 $131,442.87 $135,923.88 $140,404.89 $144,885.89 $149,366.90 TO: FROM: DATE: SUBJECT: tiler Administration ) Mayor and City Council Members Tom McCarty, City Administrator August 23, 2017 2017 Retainer Adjustment for City Attorney BACKGROUND The City of Stillwater concluded negotiations for successor labor agreements, retroactive to January 1, 2017, for its represented employees. City Attorney David Magnuson's retainer is usually annually adjusted by a rate similar to the adjustment approved for City employees. Therefore, following this pattern, the retainer for the City Attorney for 2017 would be adjusted as follows: • Retainer of January 1, 2017 by 2.25% (retroactive to January 1, 2017) • Health Insurance — Increase employer contribution for group health insurance coverage by $15 per month effective January 1, 2017 RECOMMENDATION The proposed retainer adjustments for the City Attorney follow a pattern consistent with direction from City Council. Increased employer contributions are included in the approved 2017 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2017 Retainer Adjustment for the City Attorney." RESOLUTION NO. 2017-158 APPROVING THE 2017 RETAINER ADJUSTMENT FOR THE CITY ATTORNEY NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the retainer for City Attorney David Magnuson for 2017 shall be adjusted as follows: • Retainer of January 1, 2017 by 2.25% (retroactive to January 1, 2017) • Health Insurance - Increase employer contribution for group health insurance coverage by $15 per month effective January 1, 2017 Adopted by the Stillwater City Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk til Iwater Administration TO: Mayor and City Council Members FROM: Tom McCarty, City Administrator Donna Robole, Human Resources Manager DATE: August 23, 2017 SUBJECT: Amending City of Stillwater Personnel Policy BACKGROUND Article X — Leave Benefits and Administration — Section 10.7 Funeral Leave: Interactive discussions with city employees during the 2017-2018 collective bargaining process led to an indication of interest by the City to modify its funeral leave policy to include the word `individual' following the word `relative' within the paragraph of the funeral leave policy. Here is the current policy language: An employee shall be granted a paid funeral leave up to three (3) working days in each case of death of an immediate family member. Immediate family shall be defined as the employee's spouse, child, parent, sibling, grandparent, and grandchild and shall include the parents and siblings of the employee's spouse. One day with pay shall be allowed in the event of the death of any other relative and/or when an employee is selected to be a pallbearer in a funeral and/or is required to perform Color Guard activities as an active member of the United States Armed Forces including reserve forces. Here is the proposed policy language: An employee shall be granted a paid funeral leave up to three (3) working days in each case of death of an immediate family member. Immediate family shall be defined as the employee's spouse, child, parent, sibling, grandparent, and grandchild and shall include the parents and siblings of the employee's spouse. One day with pay shall be allowed in the event of the death of any other relative/individual and/or when an employee is selected to be a pallbearer in a funeral and/or is required to perform Color Guard activities as an active member of the United States Armed Forces including reserve forces. Appendix A — Nonrepresented Wage Structure: The City of Stillwater implemented a Classification Compensation System effective January 1, 2017. The compensation system included a nonrepresented base wage structure that should be added as an Appendix to the existing Personnel Policy in support of Article XIII — Pay Plan and Administration. RECOMMENDATION The proposed Personnel Policy language changes support an indication by the City, subject to Council approval, to update the Personnel Policy. Therefore, staff recommends adoption of the resolution entitled, "Amending City of Stillwater Personnel Policy." RESOLUTION NO. 2017-159 AMENDING CITY OF STILLWATER PERSONNEL POLICY NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the City of Stillwater Personnel Policy shall be amended as follows: • Article X - Leave Benefits and Administration Section 10.7 Funeral Leave An employee shall be granted a paid funeral leave up to three (3) working days in each case of death of an immediate family member. Immediate family shall be defined as the employee's spouse, child, parent, sibling, grandparent, and grandchild and shall include the parents and siblings of the employee's spouse. One day with pay shall be allowed in the event of the death of any other relative/individual and/or when an employee is selected to be a pallbearer in a funeral and/or is required to perform Color Guard activities as an active member of the United States Armed Forces including reserve forces. • Add Appendix A - Nonrepresented Wage Structure 2017-2018 Adopted by the Stillwater City Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2017-160 APPROVING THE CERTIFIED LOCAL GOVERNMENT GRANT ACCEPTANCE FORM FROM THE MINNESOTA HISTORICAL SOCIETY WHEREAS, two members of the City of Stillwater Heritage Preservation Commission, and one City staff, seek to attend Preserve Minnesota: the Annual Statewide Historic Preservation Conference; and WHEREAS, the City of Stillwater has been awarded a scholarship in the amount of $861 from the Minnesota Historical Society's Certified Local Government grant program for attendance of the commissioners and one city staff; and WHEREAS, the City of Stillwater will utilize $1,619 of in-kind services and donated materials for a total cost of $2,480. BE IT RESOLVED by the City Council of Stillwater, MN that the grant agreement between the City of Stillwater and the Minnesota Historical Society for the 2017 Preserve Minnesota: Annual Statewide Historic Preservation Conference, as on file with the City Clerk, is hereby approved. BE IT FURTHER RESOLVED, the Mayor are hereby authorized to sign said grant agreement on behalf of the City of Stillwater. Adopted by the Stillwater City Council on this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk RESOLUTION 2017-161 RESOLUTION DESIGNATING POLLING LOCATIONS WITHIN THE CITY OF STILLWATER, MINNESOTA WHEREAS, Minnesota Statutes 2016, section 204B.16, subdivision 1, states that by December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling location for each election precinct. WHEREAS, designated in this resolution are the polling locations for 2018 calendar year unless a change is made: (1) pursuant to section 204B.175; (2) because a polling place has become unavailable; or WHEREAS, the City has executed 2018 polling location contracts/permits for all of the polling locations within the City of Stillwater. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council hereby designates that the following polling locations for the 2018 Primary and General Elections on August 14, 2018 and November 6, 2018 respectively and will be open from 7:00 a.m. to 8:00 p.m. for voting: Ward 1, Precinct 1 - FIRST UNITED METHODIST CHURCH, 813 Myrtle Street W Ward 1, Precinct 2 - ST. PAUL LUTHERAN CHURCH, 605 5th Street S Ward 2, Precinct 3 - ASCENSION CHURCH, 214 3rd Street N Ward 2, Precinct 4 - TRINITY LUTHERAN CHURCH, 115 4th Street N Ward 3, Precinct 5 - STILLWATER READINESS CENTER (ARMORY), 250 Maryknoll Drive Ward 4, Precinct 7 - OUR SAVIORS LUTHERAN CHURCH, 616 Olive St W Ward 4, Precinct 8 - RUTHERFORD ELEMENTARY SCHOOL, 115 Rutherford Rd (School House Circle) Adopted by the Stillwater City Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F Ward, City Clerk i11wat er Administration Memorandum TO: Mayor & City Council FROM: Diane Ward, City Clerk DATE: 9/1/2017 RE: Appointment to Human Rights Commission We have repeatedly advertised for openings on the Human Rights Commission. An application was received from Lawrence Panciera to fill the vacancy created by the resignation of Avery Griffin. Mr. Pancierea was interviewed by the Chair and another Commission member and appointment is recommended. ACTION REQUIRED: If you agree with the above information, the Council should pass a motion adopting the attached resolution entitled Appointing Member to Human Rights Commission. /nm RESOLUTION 2017-163 APPOINTING MEMBER TO HUMAN RIGHTS COMMISSION NOW THEREFORE, BE IT RESOLVED, that City Council of the City of Stillwater, Minnesota, at their September 5, 2017 regular City Council meeting hereby appoints Lawrence Panciera to the Human Rights Commission, filling the unexpired term of Avery Griffin. Mr. Panciera's term will end May 1, 2018. Adopted by Stillwater City Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST Diane F. Ward, City Clerk ti1 I\vaier Administration Date: August 22, 2017 TO: Mayor and Council FROM: Tom McCarty, City Administrator Diane Ward, City Clerk SUBJECT: Request for Garbage Waiver The City has received two waivers for solid waste removal. City Code Section 30, Subd. 8 states, "The minimum charge for each and every dwelling unit shall be based on the fee for a 30 -gallon container." For 2017 (until June 30, 2018), the 30 -gallon rate is $11.69/month. Any request for a waiver requires the applicant meeting criteria under Subd. 9 (attached for your information). The City uses HUD 2017 Washington County Income Limits as well as Subd. 9 to determine eligibility (Formula: Total Gross Monthly Income minus monthly payment of residential mortgage or rental payments = Income Eligibility). Staff has reviewed the financial disclosure statements and Subd. 9 and both applicants meet the criteria. City Council must approve waivers annually; therefore, applicants must submit annual financial information for review. Staff would review and present to Council every July when the rates would change. RECOMMENDATION Staff recommends the City Council approve the request for waivers from solid waste removal (2017 rate of $11.69 per month) due to the applicants meeting the criteria under City Code Section 30, Subd. 9, valid from September 5, 2017 through June 30, 2018. iliwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION NO. 2017-01 WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM DATE SUBMITTED: July 31, 2017 APPLICANT: Jody Eder-Zdechlik ADDRESS: 1346 Cottage Drive RECOMMENDED ACTION: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL COUNCIL APPROVAL DATE: WAIVER VALID: September 5, 2017 - June 30, 2018 iliwater The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us APPLICATION NO. 2017-02 WAIVER OF GARBAGE AND COLLECTION CHARGES COUNCIL ACTION FORM DATE SUBMITTED: August 7, 2017 APPLICANT: Shannon Mulvehill ADDRESS: 2881 Brewers Lane RECOMMENDED ACTION: APPROVE X DISAPPROVE REASON FOR DISAPPROVAL COUNCIL APPROVAL DATE: WAIVER VALID: September 5, 2017 - June 30, 2018 liwater THE BIRTHPLACE OF PAINNASOIA PLANNING REPORT TO: Mayor & Council Members CASE NO.: 2017-31 MEETING DATE: September 5, 2017 APPLICANT: Colin Faulker, The Heights, representing Wild River Office Park, LLC, property owner REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for Roominghouses to be located in the BP - I Business Park Industrial Zoning District by Special Use Permit PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner APPLICANT REQUEST Colin Faulkner, of The Heights, has applied for a Zoning Text Amendment (ZAT) to allow for Roominghouses to be permitted by Special Use Permit in the BP - I, Business Park Industrial zoning district. On August 9, 2017, the Planning Commission heard this case and forwarded on a recommendation of denial. If the Zoning Text Amendment were approved, the applicant would then proceed with the Special Use Permit process for the Commission's consideration of a Roominghouse, licensed by the MN Department of Health as a Boarding and Lodging Providing Special Services facility, on the parcel located at 1835 Northwestern Avenue, owned by Wild River Office Park, LLC. While the applicant has provided a specific plan for the future use of the aforementioned parcel, this is not for the Council's consideration at this time. The application before the Council is whether or not Roominghouses should be permitted by Special Use Permit on all BP - I Business Park Industrial zoned parcels. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare, and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: • That the public necessity, and the general community welfare are furthered; and • That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. COMPREHENSIVE PLAN The purpose of the Comprehensive Plan Chapter 2, Land Use, is to "designate lands appropriately located for a range of residential uses, neighborhood, commercial, light industrial, parks and open spaces on the land use map." Per this chapter of the Comprehensive Plan, areas guided for Industrial use are not intended to be used for residential purposes. Land Use also indicates that industrial uses make up only 0.40% of the City's land. Hastings and Anoka, two cities used as comparable by the Comprehensive Plan, have approximately 4.40% and 11.40% of their lands dedicated to industrial uses, respectively. The Comprehensive Plan calls for a greater share of the City's land to be dedicated to industrial uses, whereas this proposed Zoning Amendment would allow for parcels zoned Industrial to be used for non- industrial purposes. The applicant states there are currently no facilities in Stillwater which match the applicant's treatment philosophy, but there is one other facility with a Boarding and Lodging Providing Special Services license from the MN Department of Health. STAFF ANALYSIS Existing Zoning Code Provision In determining whether a proposed use will fit within a zoning district, the Council should first be aware that the proposed use will need to conform to all provisions of the underlying BP - I Business Park Industrial zoning district. It should additionally be noted that as the applicant has proposed Roominghouses to be permitted by Special Use Permit, this would allow for individual review of each new Roominghouse in a Planning Commission public hearing prior to the approval of the new development. Therefore, if the ZAT was approved, the Council would still have site-specific development review and opportunities for public input would occur. The BP - I Industrial Zoning District is a commercial district which does not allow for any residential uses. Permitted uses in this district are intentionally limited. Aside from uses of an industrial nature, only general, financial and medical offices are permitted within the BP - I Zoning District. Cultural amenities, government facilities, and retail of products manufactured on-site are allowed by Special Use Permit. Roominghouses are allowed by Special Use Permit in the Medium Density Residential (RCM) Zoning District. Roominghouses are not allowed in any other zoning district. All RCM zoned lands are developed, and the existing structures on these parcels are the only places where the applicant's proposed use would currently be allowed. Comprehensive Plan: Land Use and Density In approving a ZAT to allow for Roominghouses to be located by Special Use Permit in the BP - I - Industrial Zoning District, the use of the property would not be consistent with the Future Land Use Plan of using industrial zoned properties for industrial uses. If the ZAT is approved, it would allow for all industrial -zoned properties to be used for a residential use, necessitating a Case No. 2017-32 CC: 09/05/2017 Page 2 of 3 Comprehensive Plan Amendment, to guide industrial -zoned properties for high-density residential use. PROPOSED TEXT AMENDMENT Sec. 31-325. - Allowable uses in non-residential districts ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP -C BP- 0 BP -I CRD PA PWFD PROS Roominghouses SUP ALTERNATIVES, FINDINGS, AND RECOMMENDATION The City Council has the following options available: 1. Approve Zoning Text Amendment 2017-31 allowing for Roominghouses in the BP - I Industrial Zoning District. 2. Deny the requested ordinance amendment. 3. Table consideration for more information. Staff finds that the preservation of industrial -zoned properties for industrial use is in the public interest, and that allowing for Roominghouses in the BP - I - Industrial Zoning District would risk the loss of industrial lands. Staff further finds the proposed 2017-31 zoning text amendment is not in general conformance with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff recommends the City Council deny the request. ATTACHMENTS Zoning Map Site Location Map Applicant Narrative Request Washington County Letter of Support Case No. 2017-32 CC: 09/05/2017 Page 3 of 3 1i 1(Water The Birthplace Minnesota of W tAtt ��E / COTTAGE DRIVE W4SHINGTON A�FNNF BENSON BOULEVARD WEST 6, :0 HIGHLAND ROAD LD O �F y s z 5 O 7,6 m ROgD y o d\O A H Si C, m�T BENSON BOULEVARD EAST A 03 G C O yp 0 a O WEST ORLEANS STPADDOCK Y x A m v0 v0 H A O H A n ti O ORLEANS CT m y O A PLINSON CIR m z -4 m H m r 0 y O SOUTH GREELEY STREET SG,TN GRFF FY ST4FFT Zoning Map 1835 Northwestern Avenue Legend --- Municipal Boundary Parcel Boundaries District A -P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial CA - General Commercial CBD - Central Business District BP -C, Business Park - Commercial BP -O, Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development PA - Public Administration PROS - Park, Rec or Open Space Public Works Facility ROAD WATER 0 380 760 1,520 Feet 17i1P 1 imilitp . 1 ji11watc 1 1 40 G� 1 �-' kk s, I..-1.4.1.14)»- JN - bi Tom[ The Birthplace of Minnesota AtliE NV Site Location Map 1835 Northwestern Avenue W '� a s --- 9314409 19 iQ99 l J W iQfn :__ir:;;: ! 111 X11,,, L R{.Br . 4 - Q . r t ..:. W P " ."_^� Tan Z vJ 3 ,'•� -b 'y ' ' y 0 125 250 500 Feet W •�: v[ ! ill7S General Site Location 1— - _� 1I. /I /II IIY kIII 1 1,11 1 1� 110 III ,19 i14,11,IY'4.4"V.114.+14. -F. yg p Y." ID 1 II i • • as - _I - --* - _i ?�" .•..... , '- 444 F... - r�,� , 1 ! " .1%., •, I� i r ./ 1. • The heights .1246 University Ave W #101, St. Paul, MN 55104 tel 651-558-9522 fax 651-207-1.771 Address: 1835 Northwestern Ave South Assessor's Parcel #: 3203020410019 Complete Property Legal Description: SUBDIVISION NAME FEELY'S ADD LOT 7 BLOCK 3 SUBDIVISIONCD 0961.5 PT OF LOT 7 BLK 3 BEING THE S 126FT OF LOT 7 BLK 3 FEELY'S ADDITION CONTAINING 1.16A M/L SU:BJ TO UTILITY & DRAINAGE EASE OVER UNDER & ACROSS THE N 10FT THE S 10FT THE E LOFT & W 20FT THEREOF Description of Project: My name is Colin Faulkner and I am the Owner/Executive Director of The Heights, a 16 -bed co- occurring residential treatment program serving women in St. Paul. Because of our high graduation rate and waiting list, we are looking to expand our program to the above referenced property. Currently it is zoned BPI which does not allow for a Board and Lodge/Rooming house establishment. I am requesting either a change in zoning district or an amendment to the zoning table to allow a special use permit for a residential program. I have been working with Erik Olson -Williams at the Stillwater Zoning Administration and he believes that these are the two options I have. Please advise if there is an alternative option. I am looking to establish a 16 -bed residential facility that would require a Board and Lodge license from MN Department of Health and a Rule 31 program license from MN Department of Human Services. We are committed to expand our programming to Stillwater for a number of reasons. There is a growing need for chemical treatment programming, specifically women's programming. Stillwater is an ideal location as it is located in a less densely populated community, but is not so far removed as to have access to top rated facilities and services, and we have found that many women decline treatment as they do not wish to be in a large metropolitan setting. Additionally, Stillwater is a progressive city that prides itself on taking care of its residents. There currently are no programs in Stillwater that match our treatment philosophy. Finally, it would provide at least twenty employment opportunities to various levels of educational backgrounds in the Stillwater community. There are many pros to the above referenced location. Currently the building is available and has been vacant for some time. It is in close proximity to providers and emergency health care. In its current state there is no need for major remodeling of the building, only minor interior changes and the addition of two bathrooms. We have approached the Department of Human Services and Washington County Community Services about our intent and have received full support from both departments, including the attached Statement of Need that was obtained in less than a week's time frame. I urge you to please consider my request. I look forward to hearing from you. Respectfully, Colin Faulkner Executive Director Direct: 612-308-5077 colin.f@theheightsmn.org www. theheightsmn. org Washington June 23, 2017 To: Emily Johnson Piper Commissioner of Minnesota Department of Human Services P.O. Box 64998 Saint Paul, MN 55164-0998 Community Services From: Chris Sorensen. Washington County Community Services Director on behalf of Washington County Board of Commissioners RE: Letter of Support for The Heights This letter is to inform you that on 6/20/17 Washington County Community Services received correspondence from Colin Faulkner, Executive Director of the Heights (a women's medium and high intensity residential treatment program), who requested a statement of support to establish a Rule 31 treatment center in Washington County (per Minnesota Administrative Rule 9530.6800). Washington County Community Services followed up with Mr. Faulkner by telephone and obtained additional information about The I Ieights' business plan and was informed of this group's anticipation to open a gender specific Co -Occurring residential women's treatment program. If successful, this organization intends to purchase a property in the city of Stillwater. Their intent is to expand treatment options for women in the East Metro, preferably in a more rural/suburban comunity. Washington County lacks choice and options for women seeking residential treatment, there is only one program similar to the Heights within Washington County located in Scandia. Washington County Community Services on behalf of the Board of Commissioners supports The Heights' business plan, their dedication to serve a gender specific population, and their desire to locate a property and operate a Rule 31 program within the region of Washington County. Res•e 1 Chris Sorensen, MSW Director. of Washington County Community Services CC: Alcohol and Drug Abuse Division, Minnesota Department of Human Services Colin Faulkner, Executive Director of The Heights ❑ Service Center Cottage Grove 13000 Ravine Parkway Cottage Grove, MN 55016 Phone: 651-430-4159 Fax: 651-4304193 Service Center Forest Lake 19955 Forest Road N Forest Lake, MN 55025 Phone: 651-275-7260 Fax: 651-275-7263 0 Government Center 14949 62nd St N P.O. Box 30 Stillwater, MN 55082-0030 Phone: 651-430-6455 Fax: 651-430-6605 Toll-free: 1-844-711-1907 1 www.co.washington.mn.us s Washington County Is an equal opportunity organization and employer O Service Center Woodbury 2150 Radio Drive Woodbury, MN 55125 Phone: 651-275-8650 Fax: 651-275-8682 jillwater ' H F BIBTH PLAT, f 0� MINN E 841 A CITY COUNCIL MEETING DATE: September 5, 2017 Park & Recreation Commission: August 28, 2017 Planning Commission: August 23, 2017 APPLICANT: REQUEST: CASE NO.: 2017-14 Sterling Black, representing Fairway Development, LLC Preliminary Plat approval of Hazel Place, an 8 lot residential subdivision located at 1902 William Street North COMPREHENSIVE PLAN: LMDR, Low/Medium Density Residential ZONING: Base Zoning District: RB, Two -Family Residential Overlay District: Stream Shoreland Management District for Brown's Creek. REVIEWERS: Community Development Director, City Engineer, Fire Marshal, City Attorney, and Brown's Creek Watershed District PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Sterling Black of Fairway Development LLC requests approval of the 7/12/2017 version of the Preliminary Plat known as HAZEL PLACE. APPLICABLE BACKGOUND CPC Case No. 2006-59 was presented to the Planning Commission (CPC) and City Council for discussion pertaining to the potential development of 18 single family lots on what was previously zoned RA - One Family Residential. Discussion focused on the possibility of the development of 13 single family lots, with two units on each lot. CPC Case No. 2007-2 was approved for a Comprehensive Plan Amendment, a Zoning Map Amendment, and Preliminary Plat for Fairway Villas, a 12 lot, twin -home development. In 2009, Mr. Black purchased the property with the aforementioned development approvals. In 2015, the property owner began discussions with City staff pertaining to potential amendments to the 2007 approved plat. CPC Case No. 2015-22, for a 20 lot single family development to be known as Hazel Place Villas was denied by the City of Stillwater. However, in January of this year the CPC approved CPC Case No. 2016-49 for a variance to City Code Section 32-1, Subd. 6, Minimum design standards, Subsection (3)1, Cul-de-sac streets. A condition of approval was that "plans shall be substantially similar to those on file with the Community Case No. 2017-14 CC: September 5, 2017 Page 1 of 5 Skil Iwarer ' H F B e R T N P L A C F OF MINNESOIA Development Department's Case No. 2016-49, and shall contain no greater than seven single family lots". The CPC held a public hearing to consider HAZEL PLACE. At the hearing, the applicant's representative, David Hempel of Westwood Professional Services, spoke on behalf of the project. He requested the City's consideration of deferment of the individual lot landscaping requirements and payment of "North Hill Project" fees at the time of building permit submittal for each new home. He additionally noted the applicant was not in favor of the rezoning. Five members of the public additionally spoke, indicating concerns of the potential need for retaining walls, the redesign of the intersection between Hazel Court and Fairway Court, as well as their desire to rezone the property prior to Final Plat, ensuring only single family residential would be constructed 011 these new lots. In a 3-1 vote, the Commission recommended conditional approval of HAZEL PLACE. The conditions are included below, in the Findings and Recommendations section, and the CPC case file report is attached. On August 28th the Park and Recreation Commission (PRC) reviewed the request. The PRC accepted the proposal of a fee -in -lieu of dedicated parkland and trails. ADDITIONAL DISCUSSION Landscaping Deferment As noted, the applicant has requested deferment of the three trees per lot landscaping requirement in the Subdivision code. While the applicant is proposing to install all 18 replacement trees, required as mitigation of tree removal, an additional 24 trees are proposed to be installed during development of individual lots. This is a customary request given the plantings will undoubtedly be in the way of future construction and final grading endeavors. While the CPC was favorable to this request, there are some challenges with the practical application. Most significantly, the assurances that if the developer was to sell the individual lots, how the per -lot tree requirement would be assured. Staff recommends the escrow deposit or performance bond include the installation of the 24 trees on the individual lots. North Hill Project Fee Deferment When Fairway Villas was approved in 2007, a condition of approval was that "the sanitary sewer and municipal water fees associated with the North Hill Project, in an amount established by the City Council, shall be submitted to the City prior to the release of the final plat from City offices". The original $25,000/unit rate was challenged by the former owner. As a result, the City Council agreed the 22 units would be required to pay a total of $172,387.00. Equating to $7,835.77 per unit and adjusted for ten years (a 31% increase), the 2017 per-unit rate is $10,264.86. The total cost - if paid this year - would be $82,118.87. Case No. 2017-14 CC: September 5, 2017 Page 2 of 5 11! r ' H F BI TH PLI[CF of MINN E o I, The Planning Commission was favorable to the deferment of these fees until the time of the issuance of the building permit. However, the application of this is not practical as payments are hard to keep track of as time passes on. City Finance Director Harrison has indicated if assessments are to be made, it would be preferable to have assessments recorded against the individual properties, with payments to be made over a period of time and at a set interest rate (such as five years and 4%). However, this could put the burden of the fee onto the future homeowner. Staff recommends the original condition remain and fees are paid prior to the release of the Final Plat for recording. Rezoning The CPC discussed the pros and cons to the rezoning of the property now or at the time of the development of the City's 2040 Comprehensive Plan. If rezoning would wait until later (or after) 2018, then the properties may be developed according to the underlying zoning: RB - Two Family Residential. However the CPC recalled a condition of approval of the variance approved in 2016 was, in effect, to limit the number of potential families at the end of this long cul-de-sac. As a result, the CPC discussed its favorability to the rezoning prior to the approval of a Final Plat. However, this would necessitate a Comprehensive Plan Amendment, which could significantly increase the timeline for review and approval of the development. Therefore, staff would suggest the Council consider the requirement that rezoning and the CPA occur prior to the issuance of a building permit. ALTERNATIVES A. Approval If the City Council finds the proposal to be consistent with the provisions of the Subdivision Code, the Council should move to approve, with or without conditions, Case No. 2017-14. B. Table C. Denial If the City Council finds that the application is not complete enough to make a decision, it could continue the review for additional information. The deadline for review, as requested by the applicant, is October 17, 2017. If the City Council finds the proposal is not consistent with the provisions of the Subdivision Code, the Council should deny Case No. 2017-14. The Council should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Planning Commission The CPC found HAZEL PLACE to be consistent with the provisions of the Subdivision Code. Therefore, the CPC made recommendation of approval, with the following conditions: Case No. 2017-14 CC: September 5, 2017 Page 3 of 5 ji 1 Iwater H E BI TH PLI[CF OF MINN E 801 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except may be modified by the conditions herein: • Preliminary Plat dated 7/12/2017 • Preliminary Grading and Erosion Control Plan dated 3/17/2017 • Preliminary Utility Plan dated 3/17/2017 • Preliminary Street and Storm Sewer Plan & Details dated 3/17/2017 • Preliminary Landscape Plan dated 3/17/2017 • Tree Preservation Plan dated 3/17/2017 2. Outlot A shall not be permitted and shall be combined with Lot 6 or sold to an adjacent property owner, being combined with a larger tract of land. 3. Lot 5 shall have its own driveway. 4. A shared driveway access and maintenance agreement for Lots 6 and 7 shall be submitted for review and approval with the Final Plat. This will be recorded in conjunction with the Final Plat. 5. Drainage and utility easements for all Lots will be required to be filed with the final plat for all Drainage and Utility areas. Drainage and utilities easements between Lots 6 and 7 shall be 10' on each side of the property line; easements between Lots 7 and 8 shall be 7.5' on each side of the property line. These must be submitted to the City for approval of form and content together with final plat application materials. 6. The property, and all legally subdivided lots, shall be rezoned to RA - One Family Residential as part of the 2018 Comprehensive Planning process. 7. Civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer. 8. The amended Preliminary Plat shall be reviewed by the Brown's Creek Watershed District prior to the submittal of the Final Plat. A BCWD permit shall be required. District recommended conditions will be incorporated by reference into this approval. 9. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 10. All of the stormwater infiltration ponds and basins must be privately maintained. A Home Owner's Association will be required, as will associated maintenance documents that will have to be filed in chain of title. These must be submitted to the City for approval of form and content together with final plat application materials. 11. Home Owner's Association documents including stormwater facilities maintenance, and outlot ownership must be submitted with final plat application for approval by the City. When approved by the City, they must be filed together with the final plat. 12. A total of 42 trees shall be planted on private property, including three landscaping trees per lot. These trees shall be planted wholly on private lands. 13. This development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees if found acceptable to the Park Commission and City Council. The $17,500 in fees will be due prior to release of the final plat from the City for recording with Washington County. Case No. 2017-14 CC: September 5, 2017 Page 4 of 5 tll1i!r ' H € BIRTH PL�[CF 4F MINN E 841 P 14. This development shall be responsible for paying sanitary and municipal water fees associated with the "North Hill Project", in an amount established by the City Council. These fees shall be assessed to the individual properties. 15. Pruning and grading near any of the oak trees to be saved shall not occur between April 15th and July 1St, unless a professional forester has prepared an oak impact plan that is approved by the City in advance of work on site. Staff Staff recommends approval of the attached resolution, which conditionally approves the requested 8 -lot subdivision. The conditions in the attached resolution differ from those recommended by the Planning Commission in the following ways: 1. Condition 6 is amended to require approval of rezoning prior to issuance of any building permits for the project. 2. Condition 12 is amended by adding language that withholds release of development escrow or letter of credit until all required trees are planted. 3. Condition 14 is amended by adding language that the timing for payment of the sewer and water fees will be specified in the Development Agreement. 4. Condition 16 is new. It states simply that there will be no street lights or development monument sign. ATTACHMENTS CPC Staff Report (dated August 23, 2017) Site Location Map Narrative Preliminary Plat and Plans Shoreland Overly Map Resolution of Approval Case No. 2017-14 CC: September 5, 2017 Page 5 of 5 fflwater !I E 6' . R T N P 1.. 4 T; E 91 F MINNFSOITA PLANNING COMMISSION MEETING DATE: August 23, 2017 (Special Meeting Date) CASE NO.: 2017-14 APPLICANT: Sterling Black, representing Fairway Development, LLC REQUEST: Preliminary Plat approval of Hazel Place, an 8 lot residential subdivision located at 1902 William Street North COMPREHENSIVE PLAN: LMDR, Low/Medium Density Residential ZONING: Base Zoning District: RB, Two -Family Residential Overlay District: Stream Shoreland Management District for Brown's Creek. REVIEWERS: Community Development Director, City Engineer, Fire Marshal, City Attorney, and Brown's Creek Watershed District PREPARED BY: Abbi Jo Wittman, City Planner SPECIFIC REQUEST Sterling Black of Fairway Development LLC requests approval of the 7/12/2017 version of the Preliminary Plat known as HAZEL PLACE. GENERAL INFORMATION The applicant plans to develop 7.19 acres of land located at 1902 William Street North, currently a vacant property located at the end of Hazel Street. A total of 5.90 acres are located outside of the Brown's Creek buffer area and, therefore, considered developable. The base zoning for the property is RB, Two -Family Residential. A total of 8 single family lots are proposed. All lots would access Hazel Street via a single cul-de-sac road proposed to be named Fairway Court. Lots range in size from 16,890 square feet to 50,048 square feet. A small portion of the site is encumbered by the Brown's Creek Stream Shoreland Management Overlay District (referred to as the "Stream Overlay District"). However, the Stream Overlay District only applies to the northern steep slopes. This area is proposed to be platted as an Outlot (A); an additional Outlot (B) is proposed for storm drainage purposes. The developer proposes to deed both outlots to either the City of Stillwater or Brown's Creek Watershed District. While the property will be known as the Hazel Place subdivision, the applicant is not proposing any monument signage or street lighting. This is to better keep with the (somewhat) rural residential neighborhood character at the end of Hazel Street. BACKGROUND CPC Case No. 2006-59 was presented to the Planning Commission and City Council for discussion pertaining to the potential development of 18 single family lots on what was previously zoned RA - One Family Residential. Discussed focused on the possibility of the development of 13 single family lots, with two units on each lot. CPC Case No. 2007-2 was approved for a Comprehensive Plan Amendment, a Zoning Map Amendment, and Preliminary Plat for Fairway Villas, a 12 lot, twin -home development. In 2009, Mr. Black purchased the property with the aforementioned development approvals. In 2015, the property owner began discussions with City staff pertaining to potential amendments to the 2007 approved plat. CPC Case No. 2015-22, for a 20 lot single family development to be known as Hazel Place Villas was denied by the City of Stillwater. However, in January of this year the Planning Commission approved CPC Case No. 2016-49 for a variance to City Code Section 32-1, Subd. 6, Minimum design standards, Subsection (3)1, Cul-de-sac streets. A condition of approval was that "plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-49, and shall contain no greater than seven single family lots". EVALUATION OF REQUEST PRELIMINARY PLAT Minimum Dimensional Standards The following Minimum lot standards for the subject RB Zoning District are met or exceeded by the eight proposed lots. The following minimum building setbacks for the RB Zoning District are met or exceeded. Area Width' Frontage Depth Required 7,500 sf 50' 35'2 100' The following minimum building setbacks for the RB Zoning District are met or exceeded. In this zoning district, buildings are allowed to cover 25% of the lot area, and in addition impervious surfaces can cover 25%. 1 Measured at midpoint of lot. 2 The Subdivision Regulations allow for 30' minimum. CPC: August 23, 2017 Case No. 2017-14 Page 2 of 8 Front (house) Front (garage) Side Rear Required 20' 30' Combined sides 15' (min 5') 25' In this zoning district, buildings are allowed to cover 25% of the lot area, and in addition impervious surfaces can cover 25%. 1 Measured at midpoint of lot. 2 The Subdivision Regulations allow for 30' minimum. CPC: August 23, 2017 Case No. 2017-14 Page 2 of 8 Legal City Attorney Magnuson has advised that the applicant's request for eight lots, opposed to seven, should be analyzed for whether the proposed plat is consistent with the Comprehensive Plan, whether it would be detrimental to the neighborhood, and whether a limit of eight lots would remain directly related to, and bear a rough proportionality to, the impact related to the variance. Comprehensive Plan The future land use map of the Stillwater Comprehensive Plan shows that the site is guided for Low/Medium Density Residential (LMDR). The LMDR classification is intended for developments at a density of 4.4 to 9.7 units per acre. The Zoning Districts that are consistent with this density range are CCR, RB and CR. Therefore, the RB, Two - Family Residential is consistent with the future land use map of the Comprehensive Plan. Even though the RB Zoning is consistent with the Comp Plan, the actual development density is much lower than normally found in the RB District. The actual density is just greater than one (.90) unit per acre. This density is consistent with the land use designations applicable to the property prior to 2007 development approvals, and the rezoning and Comprehensive Plan Amendment requested at that time. Neighborhood Detriment The intent of the condition of approval for seven lots is two -fold. One of the principle reasons for establishing a maximum cul-de-sac length is related to public safety. In general, the longer a dead end street is, the greater the chances are that something could block access to homes for emergency or other vehicles. Secondly, the adjacent (Hazel Court) neighborhood has expressed concerns for the total number of units on this parcel. By limiting the number of homes in this new development, public safety personnel will have greater assurances a limited number of individuals may be affected in an emergency and the development would be consistent with the adjacent neighborhood (Hazel Court and Hazel Street, west of North Fifth Street) that has a density of 1.29 units per acre. To this effect, the underlying zoning of these eight single family lots remains to be RB - Two Family. To reduce the potential for these properties to become two-family in the future, staff would recommend a condition of approval that the entire property be rezoned to the RA - One Family zoning district as part of the 2018 Comprehensive Planning process. Variance Relation/Proportionality While the Planning Commission cannot take other lands and structures into consideration of a variance, the Commission was sympathetic that cul-de-sacs along fairways in Stillwater are not uncommon. The open space corridors created by fairways create barriers that do not accommodate through streets. As a consequence, cul-de-sacs CPC: August 23, 2017 Case No. 2017-14 Page 3 of 8 are sometimes rather long around golf courses. As the Commission learned in January, there are several cul-de-sacs around the Oak Glen fairways that are longer than 600 feet. Of the five fairway -adjacent cul-de-sacs cited, three contain more homes than the 15 combined that are proposed between HAZEL PLACE and those homes to the west of North Fifth Street. Van Tassel Drive contains 24 homes, Towne Circle contains 28 homes, and Johnson Drive contains 20 homes. A determining factor practical difficulty exists was that the property's proximity to and that the concept plan, of seven homes, would not alter the essential character of the neighborhood. The developers 10% density increase request would permit an average lot size of 26,500 square feet, approximately 3,800 square feet less than the average lot size for seven units. This is small than the average lot size of properties along Hazel Street and Court homes west of North Fifth Street. In summary, the proposed plat with eight lots is consistent with the Comprehensive Plan, would not be detrimental to the neighborhood, and would remain directly related to, and bear a rough proportionality to, the impact related to the variance. Civil Engineering The City Engineer has reviewed the plans and makes the following comments: • The minimum vertical curves and 8% grade must be met for Fairway Court. Although 10% grade may be allowed, the entire portion of the street may not be at this grade. • The City should not assume ownership of either Outlot. While the City is favorable to owning and maintaining stormwater piping, the ownership of lands and ponds is not desirable. As part of the Final Plat, Homeowners Association documents will need to be submitted that will include a stormwater maintenance plan. • The curb lines of Hazel Street, Hazel Court and Fairway Court should be realigned so that the two properties come to a full 'T' intersection. This would necessitate the installation of a stop sign in this location. Fire Protection The Fire Marshal has reviewed the plans and has found them satisfactory. However, at the time of memo development staff was not certain that three properties accessing off of the same driveway would be found permissible without construction of the driveway to roadway standards. Tree Removal, Replacement & Landscaping The significant trees on site have been located, numbered, sized and identified, and this information is shown on the plans and an attached table of tree species and size. Grading (and clearing) limits are also depicted on the plan. The trees on this site are primarily of the species quaking and big tooth aspens, red pine, spruce, silver maple, as well as some birch and oak. The faster growing volunteer species on much of the site are not defined in City Code as "significant". CPC: August 23, 2017 Case No. 2017-14 Page 4 of 8 A total of 152 significant trees are proposed for removal; this represents 58.4% of the total tree cover. As more than 35% of the tree canopy on site will be removed, tree loss in excess of 35% will require 1:1 replacement for each significant tree removed. As result, 35 trees will need to be replaced with species which are included on the approved tree list of the city. Greater than 50 percent of the replacement trees must be species indigenous to the area. Also, landscaping standards call out for 3 trees per lot. So that yields another 18 trees in addition to the 35 replacement trees. The total number of trees to be planted is 53. The applicant has proposed a total of 42 deciduous trees to be planted. An additional nine trees will need to be added to the final landscape plan. Park and Trail Dedication The Comprehensive Plan shows no public park needs on this site. Instead, the public park obligation ought to be satisfied by fee in lieu of land. The fee currently is $2,000 for each single- family lot added to the park system. Giving credit for the farm house that was demolished two years ago, the 7 additional lots would be a total fee of $14,000. Also, each additional home must contribute $500 toward the City's trail system, or $4,000. The total park and trail dedication fee would be $18,000. If the Park Commission agrees with this analysis, payment of this fee would be required prior to release of the final plat for recording with Washington County. Drainage and Utilities The drainage plan has been reviewed by Brown's Creek Watershed District (BCWD). However, the plan has not been found to be satisfactory by the BCWD. When properties are located in the BCWD, it has been common practice for the City to place a condition of approval on the Preliminary Plat that plans must obtain BCWD approval prior to the City's receipt of a Final Plat application. The property may be serviced by utilities extended from Hazel Street. Customary drainage and utility easements are proposed along the perimeters of all lot lines. While these have been determined to be sufficient by the City, the BCWD has noted that 10' wide accesses to some larger drainage and utility easement areas may not be sufficient, specifically for access to Outlot A, if approved, and those areas noted on Lots 7 and 8. Therefore, larger drainage and utility easements between Lots 6 and 7 as well as between Lots 7 and 8 should be required. Stream Buffering As mentioned above, this property is near Brown's Creek and all property abutting this creek is required to provide an undisturbed buffer when developing. The boundary of that buffer zone, as determined by the Brown's Creek Watershed District, was not submitted by the developer. However, staff has developed the attached Hazel Plan Stream Shoreland Overlay Buffer map, based on a previously submitted design, for reference. The applicant is proposing all structures to be located outside of the stream buffer area. A drainage and utility easement is proposed for the entirety of this buffer area. CPC: August 23, 2017 Case No. 2017-14 Page 5 of 8 Outlots As indicates, the developer proposes to deed both outlots to either the City of Stillwater or Brown's Creek Watershed District. However, neither entity is willing to accept these outlots. While Outlot B's purpose is for constructed drainage and utility, Outlot A is the stream buffer that contains steep slopes and are lands that are not able to be built upon. Given this, there is risk that Outlot A, if in HOA ownership, could become tax forfeit at some point in the future. To prevent this, staff recommends Outlot A be joined with Lot 6. SHARED DRIVEWAY VARIANCE The applicant's narrative indicates withdrawal of a variance request for a shared driveway between Lots 5, 6 and 7 as the City allows for shared driveways. While this is true to some extent, City Code Section 32-1 indicates that a Private Street is defined as a street serving as vehicular access to two or more parcels of land which is not dedicated to the public. This section further states Private Streets are prohibited. Given this, the allowance of Lots 5, 6 and 7 a single driveway is not allowed unless the access is built as a public street. However, it has been customary practice for the City to implement the policy that no greater than two properties be accessed by the same driveway. Therefore, it is recommended Lots 6 and 7 be accessed off a shared public driveway, with access and maintenance agreements required at the time of Final Plat, and that Lot 5 have its own driveway accessed off of Fairway Court. ALTERNATIVES AND RECOMMENDATION Regarding the Preliminary Plat, the Planning Commission has the following alternatives: 1. Recommend to the City Council approval, with or without conditions, of the Preliminary Plat as submitted. If the Commission would like to recommend approval, staff would recommend the following conditions: a. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except may be modified by the conditions herein: • Preliminary Plat dated 7/12/2017 ■ Preliminary Grading and Erosion Control Plan dated 3/17/2017 • Preliminary Utility Plan dated 3/17/2017 ■ Preliminary Street and Storm Sewer Plan & Details dated 3/17/2017 ■ Preliminary Landscape Plan dated 3/17/2017 ■ Tree Preservation Plan dated 3/17/2017 b. Outlot A shall not be permitted and shall be combined with Lot 6. c. Lot 5 shall have its own driveway. d. A shared driveway access and maintenance agreement for Lots 6 and 7 shall be submitted for review and approval with the Final Plat. This will be recorded in conjunction with the Final Plat. e. Drainage and utility easements for all Lots will be required to be filed with the final plat for all Drainage and Utility areas. Drainage and utilities easements between Lots 6 and 7, and Lots 7 and 8 shall be 10' on each side of the property CPC: August 23, 2017 Case No. 2017-14 Page 6 of 8 line. These must be submitted to the City for approval of form and content together with final plat application materials. f. The property, and all legally subdivided lots, shall be rezoned to RA - One Family Residential as part of the 2018 Comprehensive Planning process. g. Civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer. h. The amended Preliminary Plat shall be reviewed by the Brown's Creek Watershed District prior to the submittal of the Final Plat. District recommended conditions will be incorporated by reference into this approval. i. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. j. All of the stormwater infiltration ponds and basins must be privately maintained. A Home Owner's Association will be required, as will associated maintenance documents that will have to be filed in chain of title. These must be submitted to the City for approval of form and content together with final plat application materials. k. Home Owner's Association documents including stormwater facilities maintenance, and outlot ownership must be submitted with final plat application for approval by the City. When approved by the City, they must be filed together with the final plat. 1. A total of 53 trees shall be planted on private property, including three per lot. These trees shall be planted wholly on private lands. m. This development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees if found acceptable to the Park Commission and City Council. The $18,000 in fees will be due prior to release of the final plat from the City for recording with Washington County. n. This development shall be responsible for paying sanitary and municipal water fees associated with the "North Hill Project", in an amount established by the City Council. These fees shall be paid to the City prior to the release of the final plat from City offices. o. Pruning and grading near any of the oak trees to be saved shall not occur between April 15th and July 1st, unless a professional forester has prepared an oak impact plan that is approved by the City in advance of work on site. 2. Recommend to the City Council denial of the Preliminary Plat. If the Commission recommends denial, the Commission must state reasons for the denial. 3. Table the Preliminary Plat, requesting updates plans. Staff recommends the Commission recommend approval of the Preliminary Plat with the aforementioned conditions. ATTACHMENTS Site Location Map Narrative Preliminary Plat and Plans Shoreland Overly Map CPC: August 23, 2017 Case No. 2017-14 Page 7 of 8 . . .._ i11wat 8991 X921*� 4.t. 14411 STATE .- a -. "'E TM� • e0 1 260 Tqt �i. The Birthplace of Minnesota N W 1 _0l, E Hazel Place Villas 1902 William Street North Subject Parcels Parcel Boundaries •M- Municipal Boundary 1 a W ALDER S. I' 0 245 490 980 �.,008 +03"°' Feet 201 012R2013 fir' General Site Location cOJ� O H2009 20121 z 110 122 w k. in EAST 411... ....../. -�, tritram a till', �„.,,, . 9 L i • �l lot �p T 1 ' • to .LILA 1902 Q �Pi__ �� { IZ ~ �,' ci 1917 ° I� i ° �� OD zR ,_0 • 1913 T :. 1907 1900.- ' 1902 z o 1915 0 u) 1905 1901 224 - EAST WIL 1 etr I � %` 1 i 600- 11 = 500 ST . �. - ,, 404 402 POPLAR 125 1817 z = 0 i H /,808 0 _, y4 �e H 1813 1 306 �- o Z 220'= 802 z 1801 STREET WEST POPLAR ET 1723 1421 1721 o 1 �0 0 ,�{ ,��° ° �� -, �x _• J z �[ 0 1 Lf 0 .. L. �, .. . H ate® I_ � • \ •. \_) \ �•. -, �� s ...-..L., +• •� S ' ' .�1.�..� ..,J July 17, 2017 City of Stillwater Attn: Abbi Wittman, City Planner 216 North Fourth Street Stillwater, MN 55082 via email Re: Project Narrative for Preliminary Plat Application — Hazel Place -- Stillwater, MN Executive Summary: Hazel Place is a proposed 8 - lot single family residential development with two outlots on a 7.19 acres site which previously supported one single residence formerly at 1902 Hazel Ct. The existing home has been razed some time ago. The property is zoned RB. The adjacent and surrounding properties are vacant city land to the east, residential neighborhood to the east along Hazel Ct, MN DNR (trail) property to the north and Stillwater Golf Course to the west and south. Based on the title commitment, a small portion of northerly property on Lot 6, 7 and part of Lot 8 was to be encumbered by a Declaration of Covenant in which Brown's Creek required conservation easements with the previous approved 20 lot plat submission in 2007. That plat, which included 20 duplex lots and longer cul de sac length, was approved by the city however, has not been built or plat recorded. Therefore, the Declaration of Covenant refers to erroneous property and will need to be re-evaluated under this platting proposal by the watershed. Recently in January 2017, a less intense illustrative conceptual development plan with only 7 single family residential Tots with a short cul de sac was reviewed at a public hearing by the Planning Commission, The Illustrative concept was viewed favorably by the area residents and won zoning approval for the variance to length of cul de sac by the City Planning Commission, condition upon there only being 7 Tots developed on the property. The 7 lot Illustrative conceptual development plan was really created before any detailed planning or engineering design was completed on the site, Based on our engineer's and planner's design and watershed buffer, demonstrated that 1 additional lot could be added with little or no impact to site conditions or the neighborhood and still comply with city codes. Therefore, I am respectfully requesting preliminary plat approval for the 8 lots as shown on the plans submitted. Site Conditions: The 7.19 acre property is wooded in nature with predominate type tree of Quaking Aspen and Sumac. Steep slopes exist over the northerly portion of Lots 6, '7 and part of Lot 8. The soils on the site are generally glacial sands per the geotechnical report, Development: The property will most likely be developed in 2017 as a single phase. Lots will be sold to one or more builders who will construct single family homes which will be sold to individuals. The anticipated homes will be one and two story, likely 2400-4000 square feet. The lots will all accommodate attached 2 -3 -car garages. Shared driveways are promoted to minimize impervious surface and reduce grading and drainage on Lots 5-7. These Lot owners will enter into cross access easement agreements which will be recorded against the applicable lots. The two proposed outlots, A and B, are for drainage proposes only. No further development is allowed on either outlot. Outlot A may be dedicated by deed in the future to the city or Brown's Creek Watershed. Outlot Bis intended to be deeded to the city. At this time no permanent neighborhood entrance sign is anticipated. Temporary marketing signage will be in place during the marketing/construction of the homes. Street lighting will be provided if needed for public safety, but every attempt will be made to limit the number of new lights to minimize electricity consumption and light pollution. Grading & Stormwater Management: Stormwater management will be provided on-site. One large infiltration ponding basin is proposed on Outlot B to manage site runoff. Drainage swales are proposed on Lots 1-5 along with backyard along with storm sewer improvements. These storm water best management practices (BMP) are designed to meet the City's and Brown's Creek Watershed's requirements for water quality, rate control, phosphorus removal and volume reduction. The managed storm runoff will also be connected to the city's existing storm sewer drainage system in Hazel Ct. The use of retaining walls are a possibility depending on the final home design and placement on Lots 6-8. Utilities and Street The site is served by municipal sanitary sewer and water main from Hazel Ct. Installation of utilities to the site will be in accordance with city standards. Tree Preservation and Replacement: A tree inventory completed for the property indicates a total of 382 significant trees on-site of which a high number are undesirables such as Quaking Aspen. Based on preliminary grading plans, the development improvements are anticipated to remove 152 trees, or 58.4% of the tree canopy on-site. Applying the city's tree replacement formula, the amount of necessary tree replacement required is 18 trees in addition to the three trees per lot. The proposed tree replacement plan provides for a total of 42 deciduous trees to be planted. 2 Summary. Based on the previous neighborhood feedback in January, engineering and planning studies of the site, I am submitting this formal Preliminary Plat application for consideration. I hope that the neighborhood and staff can understand my request for the additional one iot. I requested the City Planning Commission approval for the 8 lots and continued support on the cul de sac length. I understand that the city allows for shared driveways therefore, we can withdraw our variance request for the shared drives. If you have any questions or comments about this request, please contact me or my team. Sincerely, ,) Sterling Black Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, MN 55117 3 © 2017 Westwood Professional Services, Inc. Y Pr limin r Planse a for Preliminary Plat, Grading, Utilities, Streets and Landscape for Hazel Place Stillwater, Minnesota Prepared for: Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Contact: Sterling Black Phone: 651-789-2900 Fax: 651-774-9695 Prepared by: Westwood Phone Fax Toll Free (952) 937-5150 (952) 937-5822 (888) 937-5150 7699 Anagram Drive Eden Prairie, MN 55344 westwoodps.com Westwood Professional Services, Inc. Project number: 0009258.00 Contact: David Hempel Sheet List Table Sheet Number Sheet Title 1 Cover 2 Existing Conditions (by Cornerstone Surveying) 3 Preliminary Plat (by Cornerstone Surveying) 4 Preliminary Grading and Erosion Control Plan 5 Preliminary Utility Plan 6 Preliminary Street and Storm Sewer Plan 7 Details 8 Preliminary Landscape Plan 9 Tree Preservation Plan Vicinity Map South Twin Lake Id • ST, RD, N, NEWGATE AV SWENSUN 1091- OAK GLEN 'OP Q<<",,, LA. O GLEAK c,C1- CRESCEN xOAKG ▪ C� / �pMcKUSICK RD" 0), CR z o z � ii CT, 116 02, Zephy S�'C'V VgNT SC. Ad sEL EAGLE �'`2,§." ti WALNUT -a :CREEK L ' G� DR. cv c c„ 69- 1 SA A T3ON R2OW 17 16 20 21 n J 94th w > n o 93rd ST. N. ST. N. FALLS Of, ORo Ij -�R OAK HILL= CT. N. a a DO - ppD RD Creek \N. 96 L t (�— ALDE `arc �G▪ J - McKUSIC <vG��� 1 r d' 80 w Ica t L L., ....,,,,..z — �Q& T N'4 ' \\ C LJ Gy Q-' EAGLE • 0 RIDGE f a 1,4 KALLIE LA. BOU J M L CT. R 2 P r P c' `9GZdn�2' AMUNDSON PL. 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DATE REVISION SHEETS 1 04/21/17 REVISED PER COMMENTS ALL 2 05/04/17 SLOPE ANALYSIS 4 3 05/25/17 REVISED PER COMMENTS ALL 4 07/11/17 REVISED PER COMMENTS ALL 5 07/14/17 LOTS—IMPERVIOUS REQUIREMENTS 1,3-9 6 07/26/17 WATERSHED COMMENTS ALL NOT FOR CONSTRUCTION Preliminary Plans for Preliminary Plat, Grading, Utilities, Streets and Landscape for Hazel Place Stillwater, Minnesota Date: 03/17/17 Sheet 1 of 9 0009258CVP01.dwg r< EAST LINE - SW 1/4 NW 1/4 36 BCX CULVERT INVERT/=787.4 X01 c0 0 0<< PG EAST LINE OF \-(<'00 / ,-- OUTLOT B \, / / 21254 PLAT / o 11 f ffl ' 1`,"""__ SO 212.59` OC /- l OL OL >-- Q� U Z 3w IT < - OE 0 I -z Z Z I0 OC U _- w z CZ c � I- >- OZ O d z oL Z J W 2 OLm 0 ,, \ , O 01 Q 0 LI_E cr) O z LL z E /'JLM 1 0 CO I NW COR. 0UTL0T 6' fel \\\\\\\ 5131°35313-E S02° -60.82 0 0) f L- / - lA 6. y r-1 \'`� ' Q3 _ " co SAN SAN G0 1102 5 ONE CO2NE STONE MONUMENT CENTER OF SECTION 21, 7304, 220W. - N01°11'45"W 2638.46 EAST LINE OF NW I/4 -- MON ENT N 1/ OF EC. 21 1101 \\\\1 \1(8.1® -: f, `\ , / 57301 1'% 6''1may, \ JL/h / \ \I I !\ JLM 1 .1 1 1 vV > /4 *M( I/ - X06) a? D� �� I•, A P/C 0 0 c ,000 , 0/ V6.f11 r-- I // I / c(Ch kl '14 4--- / LLI z�1 �� lc� O 0 0 0 co• o o 30 �V¢¢ 1 INE T GI \\\ vc OUT OR. OF GRAVEL / 1 ( 4104 0 N \JLI'1 _1465 64460 351 1384" 13!2 SOUTHERL -R/W LINEI o Lo Il 00 II 0/ m CID 0 U JLM 43 1323 3 13 414 18 4183 42 4613 PINE 10' 0/ &Pi A5 a i:9 6�' G 65 r" \/ iiiii: --Q � N08°� c\1OJT 45 f,E cn 0 CD 0 600 5qi8\ -- WEST "E E 890 1°1230 W 9be Pbg EXISTING LEGAL DESCRIPTION: That part of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 20 West and Outlot B of the recorded plat of BROWN'S CREEK HEIGHTS, Washington County, Minnesota, described as follows: Commencing at the southeast corner of said South Half of the Northwest Quarter, thence South 88 degrees 52 minutes 54 seconds West, on a assumed bearing, along the southerly line thereof, 1270.00 feet; thence North 01 degrees 11 minutes 45 seconds West, parallel with the easterly line of said South Half of the Northwest Quarter, 252.00 feet to a Judicial Landmark at the point of beginning of the parcel to be described; thence North 67 degrees 04 minutes 45 seconds West 331.86 feet to a Judicial Landmark; thence North 42 degrees 46 minutes 58 seconds West 169.75 feet, more or less, to a point 514 feet north of said southerly line of the Northwest Quarter and 361 .25 feet West of the easterly line of the Southwest Quarter of said Northwest Quarter of Section 21, said point being marked by a Judicial Landmark; thence North 01 degree 12 minutes 30 seconds West, parallel with said easterly line of the Southwest Quarter of the Northwest Quarter 451.41 feet to a point distant 965.41 feet from the southwest corner of the east 361.25 feet of the Southwest Quarter of the Northwest Quarter said point being marked by a judicial Landmark; thence North 08 degrees 05 minutes 45 seconds East a distance of 79.73 feet to a Judicial Landmark; thence North 01 degrees 12 minutes 30 seconds West a distance of 29.07 feet to a judicial Landmark; thence North 36 degrees 54 minutes 50 seconds West a distance of 22.09 feet to a judicial Landmark on said parallel line; thence North 01 degrees 12 minutes 30 seconds West parallel with said easterly line a distance of 145.69 feet to a Judicial Landmark on the southerly right-of-way of the Minnesota Transportation Museum Railroad, (formerly the Northern Pacific Railway Co.); thence easterly 196.60 feet, along said southerly right-of-way and the northerly line of said Outlot B on a non-tangential curve, concave to the South having a radius of 1095.92 feet, a central angle of 10 degrees 16 minutes 43 seconds and the chord of said curve having a bearing of South 86 degrees 40 minutes 51 seconds East to a Judicial Landmark at the northeasterly corner of said Outlot B of the recorded plat of BROWN'S CREEK HEIGHTS; thence South 01 degree 11 minutes 45 seconds East along the easterly line of said Outlot B a distance of 212.59 feet to a judicial Landmark at the southeast corner of said Outlot B, said southeast corner being 1009.00 feet North of said southerly line of the South Half of the Northwest Quarter; thence North 88 degrees 52 minutes 54 seconds East along the southerly line of Lot 9, Block One of said BROWN'S CREEK HEIGHTS, and parallel with said southerly line of the Northwest Quarter a distance of 119.21 feet to a Judicial Landmark; thence South 80 degrees 52 minutes 29 seconds East a distance of 21.96 feet to a Judicial Landmark; thence North 89 degrees 20 minutes 04 seconds East a distance of 44.21 feet to a Judicial Landmark; thence South 73 degrees 11 minutes 06 seconds East a distance of 20.71 feet to a Judicial Landmark; thence South 31 degrees 35 minutes 37 seconds East a distance of 18.40 feet to a Judicial Landmark; thence South 02 degrees 21 minutes 20 seconds East a distance of 60.82 feet to a Judicial Landmark; thence South 25 degrees 45 minutes 54 seconds East a distance of 1 1 .40 feet to a Judicial Landmark on the west line of said Lot 9, said point being 1270.00 feet westerly of said easterly line of the South Half of the Northwest Quarter; thence South 01 degree 11 minutes 45 seconds East along the westerly line of said Lot 9 and its southerly projection, parallel with said easterly line of the South Half of the Northwest Quarter, 659.35 feet to a Judicial Landmark being the point of beginning. ZONING/SETBACKS::: FRONT BUILDING SETBACK = 20' FRONT GARAGE SETBACK=30' SIDE BUILDING SETBACK = 10' SIDE GARAGE SETBACK = 5' REAR BUILDING SETBACK = 25' MINIMUM 35' OF FRONTAGE MAXIMUM 25% IMPERVIOUS. DEVELOPMENT DATA:: ZONED RB - TWO FAMILY RESIDENTIAL MINIMUM LOT AREA = 7,500 SQ. FT. MINIMUM LOT WIDTH = 50' MINIMUM LOT DEPTH = 100' TOTAL = 313,383 SQ.FT./7.1 9 ACRES SYMBOLS: ®O SANITARY MANHOLE ELECTRIC METER GAS METER FENCE CONCRETE • DENOTES FOUND JUDICIAL LAND MARK 0 ELC TB HYDRANT POWER POLE OVERHEAD WIRES TREE TELEPHONE BOX GUY POLE 0 SURVEY NOTES: 1. LEGAL DESCRIPTION PROVIDED BY THE OWNER. 2. EASEMENT INFORMATION LIMITED TO ITEMS LISTED IN THE ABOVE LEGAL DESCRIPTIONS OR SHOWN ON COUNTY HALF SECTION MAPS. OTHER EASEMENTS, IF ANY, MAY EXIST AND ARE NOT SHOWN ON THIS SURVEY. 3. IMPROVEMENTS, CONTOURS, UTILITIES SHOW PER SURVEY FROM CORNERSTONE LAND SURVEYING, INC. DATED 6-6-2006. NO ADDITIONAL FIELD VERIFICATION HAS BEEN COMPLETED TO DATE. 4. UNDERGROUND UTILITIES NOT LOCATED OR SHOWN. 5. THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 21, TOWNSHIP 30, RANGE 20, IS ASSUMED TO BEAR N01°1 2'30"W. 6. TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITY. FINAL INSPECTION OF THE SITE WAS DONE UNDER SNOW AND ICE CONDITIONS PROHIBITING THE VISIBILITY OF SURFACE MARKINGS SUCH AS STRUCTURE INVERTS AND OTHER BURIED FEATURES. 7. TREES SHOWN ON THIS SURVEY WERE FIELD LOCATED PER SURVEY FROM CORNERSTONE LAND SURVEYING, INC. DATED 6-6-2006. NO ADDITIONAL FIELD VERIFICATION HAS BEEN COMPLETED TO DATE. 03 O 04 CP rJ 0/ NO1 °12'30"W 514.00 \ 252.00 ''i N01°11'45"W 1 `- POINT OF BEGINNING O -_\\ // SE CO2 --'� OF SW 1/4 NW I/4 1 SW COR EAST 361.25 OF SWI/4 NW I/4-- STONE MONUMENT NW - CO2462 OF SEC, 21 5TONE MONUMENT SW 130N, R20W. COPNE2 NW I/4 SEG.21 0/ / WE51 LINE OF NW I/4 --v / 2644.75 N01 °13'15"W Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 40 SCALE IN FEET 80 NORTH HAZEL PLACE CONTACT: FAIRWAY DEVELOPMENT, LLC Sterling Black LEED AP LS Black Constructors, Inc. Direct: 651.789.2900 Cell: 612.363.2929 CITY - COUNTY: C•TY OF 5m 1 I LWAT E F WASHINGTON, COUNTY VICINTIY MAP /17 cn ti W > N Co 5TH ST N NORTH '1111111111111111 11111111111 (NOT TO SCALE) SECTION 21, T3ON,R2OW, WASHINGTON COUNTY, MINNESOTA REVISIONS: DATE REVISION 4-21-17 ISSUED CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of MINNESOTA. Dlel L. Thurmes Registrat on No: 25718 Date: 4-21-17 PROJECT LOCATION: ><><><>< HAZEL CT_ PID#2903020210059 Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651 .275.8969 Fax 651 .275.8976 dan@cssurvey .net CORNERSTONE LANE) SURVEYING, INC FILE NAME PROJECT NO. LC26PLAT-2017 SURVLC26D EXISTING CONDITIONS EAST LINE `--- SW 1/4 NW 1/4 36 BCx CULVERT INVERT -787.4 0/o[ 0101 U • Z - Q Z Oz z = O O0 O z Z J 0! m >- 01 0/ ›- 01 0c 0< 0X1 0 Q-<( 0<( PG EAST LINE OF 00 / _- OUTLOT B / 212.54 PLAT S01°11'45 212.59 • / 5730 / V ���\\, S31 °35' 502° .„ \\\„\ 60.82 \I\/ N, \� \' �I �� JLM I ' fel /- r h- / / ht / // / /1 • GRAVEL - A - 6, mI \'` GJP���`- `tel SAN SAN G0 S ONE C0RNE STONE MONUMENT CENTER OF SECTION 21, T3ON, R20W. N01 °11 '45"W 2638.46 EAST LINE OF NW I/4 -- N I/ 21 267.26 111406 DRAT A E AN UTILI Y EASEM-tJT OVER, LL OF OUTL� B P/C 0 fro o O/0 0 VC - DRAINAGE AND UTILITY EASEMENT A=1°44'55" -R=175.00 L=5.34 INE T OF 00°00'00"E FAIRWAY COURT IR=60.00 1136 1137 DR I UTIL INAG TY 04 1562 II r/321 1326 8 - DR UTIL 03 0 0 9 o \ 0 9 9 (NAGE AND Y EASEMENT W 1235 z0 F- 0/< roc - OZ o - I z I- z 0 cn z z OUTLOT A I ICID 0 I l DRAINAGE AND UTILITY EASEMENT OVERIAL 0 OU 1f LaT 182 1183 h- BL OC PINE 10' oJ� DRAINAGE AND UTILITY EASEMENT RAINAGE ILITY EAS NOrrz6a.. JLM _ - -/- _\JLC1_ / \ - --- 135.09 • CZ r, 0 N08 `� - - 3TC TEE Bo �Q �r c C EXISTING LEGAL DESCRIPTION: That part of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 20 West and Outlot B of the recorded plat of BROWN'S CREEK HEIGHTS, Washington County, Minnesota, described as follows: Commencing at the southeast corner of said South Half of the Northwest Quarter, thence South 88 degrees 52 minutes 54 seconds West, on a assumed bearing, along the southerly line thereof, 1270.00 feet; thence North 01 degrees 11 minutes 45 seconds West, parallel with the easterly line of said South Half of the Northwest Quarter, 252.00 feet to a judicial Landmark at the point of beginning of the parcel to be described; thence North 67 degrees 04 minutes 45 seconds West 331.86 feet to a judicial Landmark; thence North 42 degrees 46 minutes 58 seconds West 169.75 feet, more or less, to a point 514 feet north of said southerly line of the Northwest Quarter and 361 .25 feet West of the easterly line of the Southwest Quarter of said Northwest Quarter of Section 21, said point being marked by a judicial Landmark; thence North 01 degree 12 minutes 30 seconds West, parallel with said easterly line of the Southwest Quarter of the Northwest Quarter 451.41 feet to a point distant 965.41 feet from the southwest corner of the east 361.25 feet of the Southwest Quarter of the Northwest Quarter said point being marked by a judicial Landmark; thence North 08 degrees 05 minutes 45 seconds East a distance of 79.73 feet to a judicial Landmark; thence North 01 degrees 12 minutes 30 seconds West a distance of 29.07 feet to a judicial Landmark; thence North 36 degrees 54 minutes 50 seconds West a distance of 22.09 feet to a judicial Landmark on said parallel line; thence North 01 degrees 12 minutes 30 seconds West parallel with said easterly line a distance of 145.69 feet to a judicial Landmark on the southerly right-of-way of the Minnesota Transportation Museum Railroad, (formerly the Northern Pacific Railway Co.); thence easterly 196.60 feet, along said southerly right-of-way and the northerly line of said Outlot B on a non-tangential curve, concave to the South having a radius of 1095.92 feet, a central angle of 10 degrees 16 minutes 43 seconds and the chord of said curve having a bearing of South 86 degrees 40 minutes 51 seconds East to a judicial Landmark at the northeasterly corner of said Outlot B of the recorded plat of BROWN'S CREEK HEIGHTS; thence South 01 degree 11 minutes 45 seconds East along the easterly line of said Outlot B a distance of 212.59 feet to a judicial Landmark at the southeast corner of said Outlot B, said southeast corner being 1009.00 feet North of said southerly line of the South Half of the Northwest Quarter; thence North 88 degrees 52 minutes 54 seconds East alongthe southerlyline of Lot 9,Block One of said BROWN'S 9 CREEK HEIGHTS, and parallel with said southerly line of the Northwest Quarter a distance of 119.21 feet to a Judicial Landmark; thence South 80 degrees 52 minutes 29 seconds East a distance of 21.96 feet to a judicial Landmark; thence North 89 degrees 20 minutes 04 seconds East a distance of 44.21 feet to a Judicial Landmark; thence South 73 degrees 11 minutes 06 seconds East a distance of 20.71 feet to a judicial Landmark; thence South 31 degrees 35 minutes 37 seconds East a distance of 18.40 feet to a judicial Landmark; thence South 02 degrees 21 minutes 20 seconds East a distance of 60.82 feet to a judicial Landmark; thence South 25 degrees 45 minutes 54 seconds East a distance of 1 1 .40 feet to a judicial Landmark on the west line of said Lot 9, said point being 1270.00 feet westerly of said easterly line of the South Half of the Northwest Quarter; thence South 01 degree 11 minutes 45 seconds East along the westerly line of said Lot 9 and its southerly projection, parallel with said easterly line of the South Half of the Northwest Quarter, 659.35 feet to a Judicial Landmark being the point of beginning. 00 8°18` - WEST "E E 969 .. 5 F Pb g - 11230"W TYPICAL \\ DRAIN - UTI- ITY EAS Bc10� ND MENT AND ENT LI ZONING/SETBACKS::: FRONT BUILDING SETBACK = 20' FRONT GARAGE SETBACK=30' SIDE BUILDING SETBACK = 10' SIDE GARAGE SETBACK = 5' REAR BUILDING SETBACK = 25' MINIMUM 35' OF FRONTAGE MAXIMUM 25% IMPERVIOUS. DEVELOPMENT DATA:: FRONTAGE 92.9' 108.3' 49.0' 59.3' 35.0' 35.0' 38.0' 195.7' ZONED RB - TWO FAMILY RESIDENTIAL MINIMUM LOT AREA = 7,500 SQ. FT. MINIMUM LOT WIDTH = 50' MINIMUM LOT DEPTH = 100' AREA LOT 1 = 21,932 SQ.FT. LOT 2 = 1 9,680 SQ.FT. LOT 3 = 17,578 SQ.FT. LOT 4 = 16,890 SQ.FT. LOT 5 = 1 9,920 SQ.FT. LOT 6 = 37,129 SQ.FT. LOT 7 = 50,048 SQ.FT. LOT 8 = 28,835 SQ.FT. OUTLOT A = 39,359 SQ.FT. OUTLOT B = 40,990 SQ.FT. R/W = 21,021 SQ.FT. TOTAL = 313,382 SQ.FT./7.19 ACRES 0 01C SURVEY NOTES: i' JLM 1. BEARINGS ARE ASSUMED 2. LEGAL DESCRIPTION PROVIDED BY THE OWNER. 3. EASEMENT INFORMATION LIMITED TO ITEMS LISTED IN THE ABOVE LEGAL DESCRIPTIONS OR SHOWN ON COUNTY HALF SECTION MAPS. OTHER EASEMENTS, IF ANY, MAY EXIST AND ARE NOT SHOWN ON THIS SURVEY. 4. IMPROVEMENTS, CONTOURS, UTILITIES SHOW PER SURVEY FROM CORNERSTONE LAND SURVEYING, INC. DATED 6-6-2006. NO ADDITIONAL FIELD VERIFICATION HAS BEEN COMPLETED TO DATE. 5. UNDERGROUND UTILITIES NOT LOCATED OR SHOWN. TREE SURVEY: 1. TREES SHOWN ON THIS SURVEY WERE FIELD LOCATED PER SURVEY FROM CORNERSTONE LAND SURVEYING, INC. DATED 6-6-2006. NO ADDITIONAL FIELD VERIFICATION HAS BEEN COMPLETED TO DATE. 0/ 0/ 0/ 0/ rJ CCA 0/ Q N01 °12'30"W 514.00 c0 0 252.00 1 N01 °11'45"W 1 t o POINT OF EGINNING u� \ /1 SE C00 -H OF SW I/4 NW 1/4 / I SW COR EAST 361.25 OF SWI/4 NyW I/4 -----N\ I ----�� STONE MONUMENT NW - CORNER OF SEC, 21 130N, R20W. STONE MONUMENT SW CORNER NW I/4 SEC.21. WEST LINE OF NW I/4--\ 03 co 2644.75 N01 °13'15"W Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 40 SCALE IN FEET 80 NORTH HAZEL PLACE PRELIMINARY PLAT CONTACT: FAIRWAY DEVELOPMENT, LLC Sterling Black LEED AP LS Black Constructors, Inc. Direct: 651.789.2900 Cell: 612.363.2929 CITY - COUNTY: CITY OF Sm 1 I LWAT E F WASHINGTON, COUNTY VICINTIY MAP tiq N Co T�� 5TH ST N NORTH '1111111111111111 1111111 (NOT TO SCALE) SECTION 21, T3ON,R2OW, WASHINGTON COUNTY, MINNESOTA REVISIONS: DATE REVISION 3-13-17 PRELIMINARY 4-19-17 REVISED 4-21-17 REVISED EASEMENTS 5-25-17 REMOVE LOT 7-12-17 REVISED CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of MINNESOTA. D. lel L. Thurmes Registrat on No: 25718 Date: 3-13-17 PROJECT LOCATION: ><><><>< HAZEL CT_ PID#2903020210059 Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651 .275.8969 Fax 651 .275.8976 dan@cssurvey .net CORNERSTONE LANE) SURVEYING, INC FILE NAME PROJECT NO. LC26PLAT-2017 SURVLC26D PRELIMINARY PLAT © 2017 Westwood Professional Services, Inc. OCK CONSTRUCTION EN ' NCE (TYP.) I1 INLET PROTECTION (TYP.) a�•tis N RO � 11 PIST GRADING / `ILT FENCE 44 TYP.) 9102 9101 O INFILTRATION BASIN 1 BOTTOM=868.0 OULET=869.8 HWL=870.5 I / N BLUFFhJFFER \ _ MONUMENT(TYP) GROUND ELEVATION AT REAR OF PAD (LO/WO) 0 N oooo 9 f 880.0 p1— LOT CORNER ELEVATION oo WO (80� 888.0 fcr c6 LOT NUMBER DRAINAGE ARROW DRAINAGE EASEMENT MINIMUM BASEMENT FLOOR ELEVATION FRONT GRADE ELEVATION DRIVEWAY WO = GRADED FOR 7.5' DIFFERENCE FROM GARAGE FLOOR ELEVATION TO GROUND ELEVATION AT REAR OF PAD. LO = GRADE FOR 4.0' DIFFERENCE FROM GARAGE FLOOR ELEVATION TO GROUND ELEVATION AT REAR OF PAD. R = GRADED FOR 0.0' DIFFERENCE FROM GARAGE FLOOR ELEVATION TO GROUND ELEVATION AT REAR OF PAD. (1) = ADD 1 COURSE OF BLOCK BETWEEN GARAGE AND FIRST FLOOR(0.7') r SINGLE—FAMILY TYPICAL LOT DETAIL ;go, I GENERAL GRADING & DRAINAGE NOTES: • ALL CONTOURS AND SPOT ELEVATIONS ARE SHOWN TO FINISHED SURFACE/GUTTER GRADES UNLESS OTHERWISE NOTED. • REFER TO THE SITE PLAN/RECORD PLAT FOR MOST CURRENT HORIZONTAL SITE DIMENSIONS AND LAYOUT. • THE CONTRACTOR SHALL VERIFY THE LOCATION AND ELEVATION OF EXISTING UTILITIES AND TOPOGRAPHICAL FEATURES WITH THE OWNERS AND FIELD—VERIFY PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM PLAN. • ALL RCP FOR STORM SEWER SHALL BE CLASS III UNLESS OTHERWISE NOTED • ALL CATCH BASINS IN PAVED AREAS SHALL BE SUMPED 0.10 FEET. RIM ELEVATIONS ON PLANS REFLECT THE SUMPED ELEVATIONS. • ALL CONSTRUCTION SHALL CONFORM TO LOCAL RULES. • POSITIVE DRAINAGE FROM THE SITE MUST BE PROVIDED AT ALL TIMES. EROSION CONTROL NOTES: 17' (MIN.) 42' 17' R.O. W Call 48 Hours before digging: 811 or ca11811.com Common Ground Alliance VARIES SEE rL ROADWAY VARIES SEE (VARIES) 44444 ,tty44 SEE 0 " ELEVATION OF GROUND AT REAR OF PAD IS 8.0' BELOW THE FRONT GARAGE ELEVATION. BASEMENT FLOC) 0.5' TO SUBGRADE SUITABLE BEARING SOIL (TYP.) 17' (MIN.) 7 7 tisO 4 OUP 1 GARAGE FLOOR L3.00' HOLDDOWN [ 0.5' TOPSOIL U co w w 0) FINISHED GRADE AFTER HOUSE FINISHED GRADE FOR PAD wok TYP. SECTION TYP. SECTION ,tefir , rr..: �:rr %r r fi SUITABLE BEARING SOIL (TYP.) ENGINEERED FILL IF REQUIRED (TYP.) INGLE-FAMILY WALK -OUT (WO) 2' N.T.S. R.O. W 17' VARIES SEE ROADWAY VARIES SEE (VARIES) 0.5' TOPSOIL '<•K." W!'!. <l/!. !'!<<"" ELEVATION OF GROUND AT REAR OF PAD IS 5.0' BELOW THE FRONT GARAGE ELEVATION. r0.5' TO SUBGRADE 1 BASEMENT FLOOR 1 GARAGE FLOOR 3.00' HOLDDQWN 0.5 TOPSOIL 0.° A\N SUITABLE BEARING SOIL (TYP\ 17' (MIN.) TYP. SECTION FINISHED GRADE AFTER HOUSE FINISHED GRADE FOR PAD -FAMILY LOOK -OUT ENGINEERED FILL IF REQUIRED (TYP.) / LO 42' N.T.S. 7' TYP. SECTION SUITABLE BEARING SOIL (TYP.) R.O.W VARIES SEE ROADWAY VARIES SEE (VARIES) SUITABLE BEARING SOIL (TYP.) • ALL SILT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN—PLACE PRIOR TO ANY EXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINED UNTIL VIABLE TURF OR GROUND COVER HAS BEEN ESTABLISHED. EXISTING SILT FENCE ON—SITE SHALL BE MAINTAINED AND OR REMOVED AND SHALL BE CONSIDERED INCIDENTAL TO THE GRADING CONTRACT. IT IS OF EXTREME IMPORTANCE TO BE AWARE OF CURRENT FIELD CONDITIONS WITH RESPECT TO EROSION CONTROL. TEMPORARY PONDING, DIKES, HAYBALES, ETC., REQUIRED BY THE CITY SHALL BE INCIDENTAL TO THE GRADING CONTRACT. • ALL STREETS DISTURBED DURING WORKING HOURS MUST BE CLEANED AT THE END OF EACH WORKING DAY. A ROCK ENTRANCE TO THE SITE MUST BE PROVIDED ACCORDING TO DETAILS TO REDUCE TRACKING OF DIRT ONTO PUBLIC STREETS. • STORM WATER MANAGEMENT & SITE RESTORATION SHALL BE IN ACCORDANCE WITH THE MPCA NPDES PERMIT. • INFILTRATION BASIN 1 TO BE UTILIZED DURING CONSTRUCTION AS A TEMPORARY SEDIMENT BASIN. BOTTOM OF BASIN TO BE LEFT 2 FT ABOVE FINISHED GRADE TO PROTECT NATIVE SOILS THROUGHOUT CONSTRUCTION. FINAL GRADING & SOIL AMENDMENT (SEE DETAIL SHEET 7) TO BE COMPLETED AFTER SITE IS SUBSTANTIALLY STABILIZED. • TEMPORARY OUTLET SUCH AS A FAIRCLOTH SKIMMER OR STAND PIPE SHALL BE INSTALLED & UTILIZED UNTIL BASIN CONSTRUCTION IS FINALIZED BASEMENT FLOOR oickoA 1 GARAGE FLOOR se \Nw \\\\. \��v �0' H,\\\\\ \ �avarWN IL \oA\\ovo\NP FINISHED GRADE AFTER HOUSE FINISHED G TYP. SECTION ENGINEERED FILL SINGLE-FAMILY RAMBLER (R) N.T.S. LEGEND: SF� PST—SF Er — 980 — 980— D—DD--0 x 856.3 66.30 E.O.F. DENOTES SOIL BORING DENOTES SILT FENCE DENOTES POST GRADING SILT FENCE DENOTES EXISTING CONTOURS DENOTES PROPOSED CONTOURS DENOTES EXISTING STORM SEWER DENOTES PROPOSED STORM SEWER DENOTES EXISTING TREE LINE DENOTES APPROXIMATE TREE REMOVAL LIMITS DENOTES EXISTING SPOT ELEVATION DENOTES PROPOSED SPOT ELEVATION DENOTES BIO—ROLL EROSION CHECKS DENOTES EMERGENCY OVERFLOW ELEVATION IF REQUIRED (TYP.) $, r ••i i, r . DENOTES SLOPE GREATER THAN 24% AS MEASURED OVER A DISTANCE OF 50 FT HORIZONTALLY (BLUFF SETBACK) DENOTES PROPOSED MIDDLE ZONE WATERSHED BUFFER DENOTES BLUFF BUFFER MONUMENT NOT FOR CONSTRUCTION i Westwood Phone (952) 937-5150 Fax (952) 937-5822 Toll Free (888) 937-5150 7699 Anagram Drive Eden Prairie, MN 55344 westwoodps.com Westwood Professional Services, Inc. I hereby certify that this plan was prepared by me or under my Revisions direct supervision and that I am a duly licensed PROFESSIONAL ENGINEER under the laws of the State of Minnesota. 04/21/17 REVISED PER COMMENTS 05/04/17 SLOPE ANALYSIS Checked: 05/25/17 REVISED PER COMMENTS 07/11/17 REVISED PER COMMENTS Drawn John Bender 07/14/17 REVISED LOTS—IMPERVIOUS REQUIREMENTS 07/26/17 Date License Na43g58 07/26/17 WATERSHED COMMENTS Record Drawing by/date: Prepared for Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Hazel Place Stillwater, Minnesota TYP. SECTION SUITABLE BEARING SOIL (TYP.) 0' 50' 100' 150' 0009258GDP01.dwg Date: 03/17/17 Sheet: 4 of 9 Preliminary Grading and Erosion Control Plan © 2017 Westwood Professional Services, Inc. \ CK DENOTES DRAINAGE & UTILITY EASEMENT (TYP.) II I / I 1 I / I / 1 1 / / / / f / f 05. 0 / I \ IYD. w UX. VALVE\ 9'-6" DIP \ 8"x 6" REDUCER GRND. EL.=890.7 / \ / / / / "8"-45° BEND " -11 1/4°/ / L 22 1/2° BEND _ 8"-11 1/4° BEND \ \ \ 4 I I v / I I I I MH -2 pp 895 A.p / L CONNECT TO EX. 8" WM STUB W/ 8" G.V. (FIELD VERIFY) J CONSTRUCT DROP MH -1 OVER EX. SAN SEWER STUB & CONNECT TO EXISTING SAN SEWER IE=857.56 (FIELD VERIFY) 895 D 890 `/ \ 322'-8" DIP 890 CL. 52 WM 7.5' MIN COVER 1 . 885 / 885 EXISTING CA GRADE FINISHED C/L GRADE FINISHED C/L SUBGRADE 880 880 MH. -4 STA 13+47 Oc4s. 875 RE. = 892.29 ,A 875 IE :(E)• = 879.18 (-S. 299 870 870 MH -3 : : STA 12+45 ■ RE = 883.83 IE (W) = 872.13 IE (SE) = 872.03 r,, 865 :�‘-''s‘ ts,,, 1 1 865 n 860 MI -I-2 1 I;1 860 STA 10+75 . RE = 869.44. .. IE (NW) = 857.94 :. : IE (SE) = 857.84 EX 18' — 8" PVC SDR 26 @ 0.44% 855 : : : 70'. -. 8" .PVC . 1. 855 850 15 : . SDR 35 © 0.40% : DROP MH -1 STA 10+12 RE = 868.58 DROP IE (NW) = 857.56 IE (NE) = 850.68 - EX MH RE = 868.70 IE (E) = 850.60 IE (SW) = 850.60 14 13 12 11 10 850 9 GENERAL UTILITY NOTES: • THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS PRIOR TO CONSTRUCTION AND NOTIFY THE OWNER OF ANY DIFFERENCES. • UNLESS OTHERWISE NOTED, ALL MATERIALS, CONST. TECHNIQUES AND TESTING SHALL CONFORM TO THE CURRENT ED. OF THE "STANDARD UTILITIES SPECIFICATIONS FOR WATER MAIN AND SERVICE LINE INSTALLATION AND SANITARY SEWER AND STORM SEWER INSTALLATION BY THE CITY ENGINEERING ASSOCIATION OF MINN." AND TO THE "STANDARD SPECIFICATION FOR HIGHWAY CONSTRUCTION" MINN. DEPT. OF TRANS., AUGUST 31,2005 INCLUDING THE CURRENT ADDENDUM. THE CONTRACTOR SHALL BE REQUIRED TO FOLLOW ALL PROCEDURES AS OUTLINED BY THE LOCAL AGENCY. • THE CONTRACTOR SHALL RECEIVE THE NECESSARY PERMITS FOR ALL WORK OUTSIDE OF THE PROPERTY LIMITS. • SEE ARCH. PLAN FOR EXACT BLDG. LOCATION. SEE SITE PLAN FOR LAYOUT DIMENSIONS. SERVICE ENTRY LOCATIONS TO BE COORDINATED WITH THE ARCHITECT. • VERIFY EXISTING INVERT LOC. & ELEV. PRIOR TO BEGINNING CONSTRUCTION. • THE WATER SERVICE SHALL BE INSTALLED WITH A MIN. OF 7.5 FT. OF COVER. THE CONTRACTOR SHALL VERIFY THE CITY AS—BUILT CONSTRUCTION PLANS TO CHECK LOCATION AND MATERIAL TYPE. • ALL STORM SEWER PIPE SHALL BE CLASS 5 UNLESS OTHERWISE NOTED. • THE CONTRACTOR SHALL CONTACT "GOPHER STATE ONE CALL" FOR FOR UTILITY LOCATIONS PRIOR TO UTILITY INSTALLATION. FUTURE Sanitary Sewer Water Hyd. w\Valve Storm Sewer LEGEND EXISTING PROPOSED Sanitary Sewer Water Hyd. w\Valve Storm Sewer Call 48 Hours before digging: 811 or caII811.com Common Ground Alliance Sanitary Sewer Water Hyd. w\Valve Storm Sewer NOT FOR CONSTRUCTION Westwood Phone (952)937-5150 7699 Anagram Fax (952)93]5822 Eden Prairie, N TdlRee (888�93i-5150 westwoodps.com Professional Services, Inc. Anagram Drive Fax (952) 937-5822 Prairie, MN 55344 ToN Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. I hereby certify that this plan was prepared by me or under mq direct supervision and that I am a duly licensed PROFESSIONAL ENGINEER under the laws of the State of Minnesota John Bender Date 07/26/17 License No. 43358 Revisions: 04/21/17 REVISED PER COMMENTS 05/25/17 REVISED PER COMMENTS checked: 07/11/17 REVISED PER COMMENTS 07/14/17 REVISED LOTS—IMPERVIOUS REQUIREMENTS Drawn: 07/26/17 WATERSHED COMMENTS Record Drawing by/date Prepared for Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Hazel Place Stillwater, Minnesota 4 I —04+ 0' 50' 100' 150' 0009258UTP01.dwg Date: 03/17/17 Sheet: 5 OF 9 Preliminary Utility Plan © 2017 Westwood Professional Services, Inc. 910 910 905 900 895 EXISTING GRADE 42' - 15" HDPE ®0.47% FINISHED GRADE FES -81 IE=900.0 FES -80 IE=899.80 905 900 895 x' DRAINAGE & U11UTY EASEMENT 2 ROLLS OF SOD BACK OF CURB (TYP) 2.09' SLOPE 30' R/W CL 60' R/W 14' 2.0% SLOPE 14' 2.0% SLOPE 30' R/W x' DRAINAGE & U11UTY EASEMENT 2.0X SLOPE ): 6"4.-1 SURMOUNTABLE CONCRETE CURB & GUTTER (TYP) - 1-1/2" MnDOT SPEC. 2331 TYPE 41A WEARING COURSE MnDOT SPEC. 2357 BITUMINOUS TACK COAT 2-1/2"" MnDOT SPEC. 2331 TYPE 31B BASE COURSE 6" MnDOT SPEC. 2211 CLASS 5, 100X CRUSHED STONE AGGREGATE BASE (CAN 8E RECYCLED CL 5) 24" MnDOT SPEC 3149.28 GRANULAR BORROW COMPACTED SUBGRADE (ALLOWANCE) TYPICAL STREET SECTION NOT TO SCALE • 6 - • - \ \ \ - 7 \B L 0 C7' \\ / - / 1 A FES -80 Z. J .00 v f 7 01. DJUST MH 6(TYP.) T DRAINAGE AND Y EASEMENT (TYP.) • \ • SURMOUNTABLE CONCRETE CURB & GUTTER CB -54- \\ o cp . m oN1 :MH -52 / / / J 114, \_J CBMF� 61- 900 PRETREATMENT CBMH-51 FES -50 OCS-70 FES -60 CORE DRILL AND CONNECT TO EX. CBMH IE=862.00 NOTE: COMPACTION EFFORTS INSIDE YARD AREAS SHALL MEET SPECS CALLED FOR UNDER STREETS. o 900 7 EXISTING GRADE CB -63 :RE = 887.80 IE (S) = 884.40 709, ® 7S. •6>,gopF FINISHED GRADE 7 7 7 i CBMH-62 RE = 881.70 IE (N) = 878.20 IE (SE) = 878.20. 754' 15•. ® 2.66q DPE CBMH-61 141' 18" HDPE IE (NW) = 874.10 : 1.01% RE = 877.60 IE (E) = 869.42 FES -60 IE=868.0 895 890 885 880 875 870 865 860 .t, a -(NI CVCn N Cn co 'o o '0 50.00' VC PVI STA = 14+58.48 PVI ELEV = 884.20 A c o �.� O) Cn -o NI-. coco H.P. ELEV = 892.57 H.P. STA =13+49.31: PVI ' STA ' _ ' 13+48.00 PVI ELEV = 893.70 A.D..=.-18.16% / \K = 2.75 VC = 13+23.00 VT = 13+73.00 / ELEV- 891.31 ELV = 891.55 a O.0 CO CO CO CO CO CO FES -50 IE=968.0 39' - 18" RCP. CL5®0.26% CBMH-52 STA 12+33 RE : = 882.24 IE (N) = 877.44 IE (SE) = 877.44 CB -53 . STA 12+33 RE = 882.27 IE (S) = 877.70 26' 15" RCP CL5®0.38% CB -54 STA- 11+15 RE = 871.08 IE (SW) = 868.20: EXISTING CA RADE FINISHED CA RADE FINISHED C/L •UBGRADE 50.00' VC L.P. ELEV = 869.50 L.P. STA = 10+75.00 PVI STA = 11+00:00 PVI ELEV = 870.00 A.D. = 7:56% ..... 26' -- 15" RCPJ CL 5 ® 1.00% K = :6.62 . . . :. PVC = 10+75.00 PVT = 11+25.00 ELEV:.= 869.50 ELEV • = •872.39 • " 2200 PVI STA = 10+00.00 PVI ELEV = 868.00 CBMH - 51 STA11+15 RE = 871.09 CBMH--52 ' .IE. (NW) = 868.10 IE (NE) = 868.10 IE (SW) = 868.10 SUMP = 864.10 Call 48 Hours before digging: 811 or caII811.com Common Ground Alliance GENERAL NOTES: • RADIUS TO BE B618 C. Sc G. WITH 10' TRANSITION FROM SURMOUNTABLE CURB DENOTES GUTTERLINE ELEVATION AT INTERSECTIONS • ALL RCP SHALL BE CLASS 4, UNLESS OTHERWISE NOTED c30.- 1N. CASTING NOTE: ALL CATCH BASIN CASTINGS IN CURB SHALL BE SUMPED 0.15 FEET AND MANHOLE CASTINGS IN PAVED AREAS SHALL BE SUMPED 0.05 FEET. RIM ELEVATIONS ON PLAN PROFILES REFLECT THE SUMPED ELEVATIONS. NOTES: • PRETREATMENT CBMH-51 TO INCLUDE PRESERVER BAFFLE (SEE DETAIL SHEET 7) 0' 50' 100' 150' 895 885 890 880 885 875 880 870 875 865 870 860 865 855 860 850 15 14 13 12 11 10 NOT FOR CONSTRUCTION 9 EXISTING GRADE FINISHED GRADE Cr OCS-70 RE = 869.80 IE (NE) := 866.30 EX CBMH EX' RE = 867.:49 PROP. IE (SW) = 862.00 EX IE (NW)=863.59 EX IE (SE)=853.84 u 885 880 875 870 865 860 855 850 Westwood ToN Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed PROFESSIONAL ENGINEER under the laws of the State of Minnesota. John Bender Date 07/26/17 License No. 43358 1 Revisimus 04/21/17 REVISED PER COMMENTS 05/25/17 REVISED PER COMMENTS 07/11/17 REVISED PER COMMENTS 07/14/17 REVISED LOTS -IMPERVIOUS REQUIREMENTS 07/26/17 WATERSHED COMMENTS Record Drawing by/date: Prepared for Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Hazel Place Stillwater, Mixtnesota 0009258U TP02.dwg Date: 03/17/17 Sheet: 6 OF 9 Preliminary Street and Storm Sewer Plan © 2017 Westwood Professional Services, Inc. GALVANIZED "U" BOLT FASTENERS - 2 PER JOINT LOCATED ON EACH SIDE OF THE PIPE AT 60' FROM THE TOP fL OF THE PIPE. TIE THREE JOINTS UNLESS OTHERWISE NOTED ON THE PLAN. GALVANIZED TRASH GUARD 1/2" 0 ROD AT 6" 0.C. SEE DETAIL FOR RIPRAP AT R.C.P. APRONS. "U" BOLT REQUIREMENTS PIPE SIZE BOLT DIA. WIDTH 21" & LESS 1/2" 24" 24" TO 36" 5/8" 24" 42" TO 54" 3/4" 24" 60" & GREATER 1" 24" CONCRETE APRON APRON DETAIL APDTL1 DRWG NO. 17 DWG.NAME: SAMHDTL2 05-17-00 MANHOLE TYPE I` in 4p,N PLAN FINISHED GRADE ,, • INSTALL EXTERNAL SEALING SYSTEM MB MANUFACTURED BY INFI-SHIELD. DISTRIBUTED B7 ESS BROS. & SONS INC. NI NEENAH CASTING R-1733 OR EQUAL. 2-4 2"THICK ADJUSTING RINGS F-1 —1 1 W/MORTAR JOINTS. R OUTSIDE, STRIKE NSI E CLAN. - a 48" Ei1 27 F ..,. L 6" — =I ECCENTRIC PRE -CAST CONE SECTION 16" RUBBER GASKETS — ALL JOINTS 96"102' 4-0" SPES EFXSEE CS. 5"MIN. R.C.P. BARREL SECTION PRECAST OR FIELD POURED INVERT 13" — GROUT 13" 13.5'13.5" 84" T 6" 8" 8" 8" POURED,fI 6 O 1-6" PRECAST SECTION SANITARY MANHOLE ECCENTRIC. THE BIRTHPLACE P Mer BF MINNEEETA SANITARY MANHOLE DETAIL SAMHDTL2 DRWG NO. 2 AA SEE MNDOT STANDARD PLATE 3133C FOR DEPTH AND VOLUME OF RIPRAP REQ'D. ALSO DEPTH AND VOLUME 1' OF FILTER BLANKET IF REQUIRED. RIPRAP - SEE SPECS. GEOTEXTILE FILTER MATERIAL CAN BE USED IN LIEU OF FILTER BLANKET IF SPECIFIED. SEC. A -A A 5 X DIAMETER OR SPAN PLAN PSLOPE VARIES SEC. B -B RIPRAP AT R.C.P. APRONS APRON DETAIL APD T L2 DRWG NO. 18 BACK OF CURB LINE MANHOLE CE DIMENSION CHART DIM MANHOLE TYPE B-1 C-1 D-1 E-1 F-1 G-1 P 48" 60" 72" 84" 96"102' P K 14" 13" 13" 13" 13.5'13.5" 84" T 6" 8" 8" 8" 8" 8" W 58" 72" 86"100"113"119" A 3" 11" 18" 25" 31" 34" > rE ,-STEPS LOCATION L COVER SLAB W = SLAB DIA PRECAST SECTION 24"x 36" OPENING REINFORCE SLAB FOR STREET LOADING NEEHAH CASTING R-3067 OR EQUAL 2-4 2"THICK ADJUST. RINGS W/MORTAR JOINTS - PLASTER OUTSIDE, STRIKE INSIDE CLEAN. RUBBER GASKET TYPICAL ALL JOINTS R.C.P. BARREL SECTION CONC. BLOCK MASONRY TO BE USED ONLY WHERE NECESSARY. PLASTER OUTSIDE, STRIKE INSIDE CLEAN 8" POURED 6" PRECAST • INSTALL EXTERNAL SEALING SYSTEM MANUFACTURED BY INFI-SHIELD. DISTRIBUTED BY ESS BROS. & SONS INC. MANHOLE/CATCH BASIN TYPE B-1 THRU G-1 CATCH BASIN MANHOLE DETAIL MHDTL2 DRWG NO. 30 W 3- 9' HYDRANT -SEE SPECS. FINISHED GRADE 3' 2' 0 0_ STANDPIPE N ce MINIMUM 2 LAYERS TAR PAPER OR POLYETHYLENE 1 CU. YD. CRUSHED ROCK CURB & GUTTER GATE VALVE BOX TEE 6" GATE VALVE OPEN RIGHT t'ii lilt ip, �jlll CONCRETE THRUST BLOCK AND BASE 6" D.I.P. CONCRETE BLOCK HYDRANT (& GATE VALVE) INSTALLATION WATERMAIN SIZE VARIES 3/4" TIE RODS (GALVANIZED) ma.er THE BIRTHPLACE EF *0111511* HYDRANT DETAIL HYDTL1 DRWG NO. 11 6'-6" UNLESS OTHERWISE NOTE" CURB 5.-0" NEENAH R-3067 RETURN QA 7 OR EQUAL 1—� 5'-0" L\NM OA TAPER CONC. CURB & GUTTER TO MATCH CASTING. 1/2" EXPANSION JOINT -s 6" 1 GUTTER PLAN 0 0 2-#4x V-0" LONG 1/2" EXPANSION JOINT TOP OF CURB r 3,-0" CASTING 1 SECTION CATCH BASIN INSTALLATION FOR D-412 AND D-418 C&G (WITH B-618 CURB RETURNS) CATCH BASIN DETAIL CBTDL10 DRWG NO. 20 * INSTALL EXTERNAL SEALING SYSTEM MANUFACTURED BY INFI-SHIELD. DISTRIBUTED BY ESS BROS. & SONS INC. STRUCTURE SCHEDULE DIMENSIONS MANHOLE TYPE E E -I F F -I G 0-I P 48" 48" 680' 680' 72" 72" 84" 84" 96" 96" 102"102" K W 58" 58" 72" 72" 86" 86"100"100'113"113"119"119" H TO SUIT CASTING DIMENSIONS OPENING ECC.ICON.ECC.CONECC.ICON(ECC.CON ECC.ICON.ECC.CON. W —W=SLAB NEENAH CASTING R-1733 W/ CENTER PICK HOLE OR EQUAL. 1-4 ADJUSTING RINGS W/MORTAR JOINTS. PLASTER OUTSIDE OF RINGS W/MORTAR. REINF. FOR STREET LOADING ALTERNATE COVER SLAB FOR NEENAH R-3067 CASTING PRE -CAST SECTION (18" OR SMALLER INLET OR OUTLET) PRE -CAST SECTION WITH GASKETS. CONCRETE BLOCK MASONRY TO BE BUILT TO OUTSIDE DIAMETER OF THE PIPE (21" OR OVER INLET OR OUTLET) 8" MIN. SECTION S I ORM SEWER M.H. TYPE "B"(B-I) THRU "G"(G-I) 40-miL22Y31.11: THE BIRTHPLACE OF MIHH EE IIA STORM SEWER MANHOLE DETAIL MHDTL3 DRWG NO. 31 3" COMPOST 6" MNDOT GRANULAR BORROW 3" TOPSOIL (LESS THAN 5% CLAY CONTENT) INFILTRATION BASIN SUBGRADE FOR GRADING NATURAL SOIL INFILTRATION MEDIA POND NWL KZ I al age 0.41 / 1211 TILLED SAND/TOPSOIL/COMPOST MIX BY LANDSCAPE CONTRACTOR 968.0— i vr A d 1 NATURAL SOIL BASIN SECTION 12" INFILTRATION BASIN SECTIONS TOP OF CASTING ELEV-SEE PLAN 24" M 8 PLAN CL STRUCTURE 1.0' TO BACK OF CURB UNE NEENAH CASTING R-3067 OR EQUAL (WITH DL/DR GRATE). 2-4 2" THICK ADJUSTING RINGS W/MORTAR JOINTS - PLASTER OUTSIDE, STRIKE INSIDE CLEAN 24" X 36" PRECAST SECTION. (WHEN NEC. 8" SOLID CONC. BLK. SHALL BE USED. PLASTER OUTSIDE WITH 1/2" MORTAR) 6" PRECAST - 8" POURED SECTION • INSTALL EXTERNAL SEALING SYSTEM MANUFACTURED BY INFI-SHIELD. DISTRIBUTED BY ESS BROS. & SONS INC. TYPE "X" CATCH BASIN (RECTANGULAR) THE 1111HI1ACE BE MINNESITA d CATCH BASIN DETAIL CBDTL3 DRWG NO. 21 FINISHED GRADE PRE -CAST SECTION (18" OR SMALLER INLET OR OUTLET) PLAN BACK OF CURB UNE (WHEN USED AS A MANHOLE/CATCH BASIN) PIPE CL • INSTALL EXTERNAL SEALING SYSTEM MANUFACTURED BY INFI-SHIELD. DISTRIBUTED BY ESS BROS. & SONS INC. NEENAH CASTING R-1733 OR EQUAL 2-4 2" THICK ADJUSTING RINGS. W/MORTAR JOINTS -PLASTER OUTSIDE, STRIKE INSIDE CLEAN. ECCENTRIC PRECAST CONCRETE CONE SECTION. RUBBER GASKET TYPICAL ALL JOINTS. R.C.P. BARREL SECTION. 8" POURED �~ 5 4 7 6" PRECAST SECTION TYPE "A" MANHOLE (ECCENTRIC) STORM MANHOLE DETAIL STMHDTL2 DRWG NO. 33 Call 48 Hours before digging: 811 or caII811.com Common Ground Alliance R-4342 CASTING RE=969.80 =II SII-11II III_II- II - I - II 11111 -II I S I -ISI I I I SI=III I 1 L t—1 11—ll 1-1 L t-111— III -III -III -1 II L= IPPPP-I 1=11=111=--I 11=111-1 1 I-111=111- 11I=11� 111=111 I I- 11[1=111-=.11=111=111:7-111.11 1L lj�� 1111 11 ll1= II -III -Ili I 11=-111=111=11177 1 1=1 1 1-1 1 171 1 1=1 1 1=1 -�I II 1=111-111-11-111 I I-11 I�I� � II I� I� I� I� I� I I_ I1 -111=111=1I I=1I 1=111=1I I MONOLITHICALLY POURED CONCRETE OR PRECAST OCS-70 SKIMMER STRUCTURE NOTE: 1. BASE TO BE GROUTED TO FORM A SMOOTH INVERT. 2. PIPE CUT—OUTS TO BE LOCATED WHERE REQUIRED. REVISED: 07/20/17 OPENING CENTERED IN TOP SLAB. TOP OF CSTG. ELEV. - SEE PLAN. PLAN NOTE: SEE PLAN FOR SIZE, TYPE, AND LOCATION OF CONNECTING PIPE. 1.0' TO BACK OF CURB LINE NEENAH CASTING R-3067 OR EQUAL (WITH DL/DR GRATE). PRECAST CONC. SLAB. REINF. FOR STREET LOADING U6" PRECAST - 8" POURED SECTION 2 4 2" THICK ADJUST. RINGS W ORTAR JOINTS - PASTER 0 TSIDE, STRIKE INSIDE CLEAN. PLACE SLAB ON 1/2" MORTAR BED. TROWEL JOINT SMOOTH. 48" R.C.P. BARREL SECTION WHEN NEC. 8" RADIAL CONC. BLK. SHALL BE USED. PLASTER OUTSIDE WITH 1/2" MORTAR). •INSTALL EXTERNAL SEAUNG SYSTEM MANUFACTURED BY INFI-SHIELD. DISTRIBUTED BY ESS BROS. & SONS INC. TYPE "Y" CATCH BASIN (RECTANGULAR CASTING) THE MINEXPLACE OF MINNFENTA d CATCH BASIN DETAIL CBDTLI DRWG NO. 22 FOR NEW MANHOLE CONSTRUCTION, CONTRACTOR TO MINIMIZE PIPE PROTRUSION (L) PLAN VIEW REFER TO MANHOLE SIZING CHART TO ENSURE PROJECT SPECIFIC DESIGN FEASIBILITY NOTE 1: STOCK COMPONENTS ARE DESIGNED TO ACCOMMODATE A 6" CONCRETE PIPE PROTRUSION IL, MEASURED AT SIDE OF PIPE). FOR CUSTOM DESIGNS, ANDIOR PROJECT SPECIFIC DETAILS, CONTACT MOMENTUM. CROSS SECTION AA A MOUNTING BRACKET WITH WATERTIGHT GASKET NOTE 2- ET AND OUTLET INVERTS SHOULD BE AT APPROXIMATELY THE SAME ELEVATION FOR THE PRESERVER'. TO FUNCTION AS DESIGNED. Not to Scale SUMP MANHOLE •1 NOTE 3: STOCK SKIMMERS HAVE A FREEBOARD DEPTH OF D", FOR GREATER FREEBOARD DEPTHS. DESIGNERS CAN UP51ZE THE SKIMMER, OR USE A CUSTOMIZED SKIMMER. FOR CUSTOM DESIGNS, AND/OR PROJECT SPECIFIC DETAILS. CONTACT MOMENTUM. 41om nTum B77-773.0073 • vmw.MomentumEnv.cwn THE PRESERVER, STANDARD DETAIL ENERGY DISSIPATER WITH SKIMMER NOT FOR CONSTRUCTION Westwood Phone Fax Toll Free Phone Fax Free (952)93)-5150 (952)93)-5822 (888)93]-5150 937-5150 937-5822 937-5150 7699 Anagram Eden Prairie, N westwoodps.com Anagram Drive Eden MN 55344 westwoodps.com Westwood Professional Services, Inc.Westwood Professional Services, Inc. I hereby certify that this plan was prepared by me or under my Reviai0118 direct supervision and that I am a duly licensed PROFESSIONAL ENGINEER under the laws of the State of Minnesota 04/21/17 REVISED PER COMMENTS 05/25/17 REVISED PER COMMENTS Ced: 07/11/17 REVISED PER COMMENTS 07/14/17 REVISED LOTS -IMPERVIOUS REQUIREMENTS Drawn John Bender 07/26/17 WATERSHED COMMENTS 07/26/17 Date: License No 433581 Record `"ing by/da Prepared for Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Hazel Place Stillwater, Minnesota 0009258DTP01.dwg Date: 03/17/17 Sheet: 7 OF 9 Details © 2017 Westwood Professional Services, Inc. / I / 52 135 350 49 48 47 •1346 ( 9366 345 1315 :1 1102 101 1483 1517 520 510 6 -SM 3 -AB 3 -HA Pond 1 -HA 2 -HA 14 5 C ( 9384 1387 LJ 1344 1\ 1-wo 01319 1343 298 6 013 320 322 317 32 1301 1323 258 0 257 '0 3 25 '.. 'M3 178 • 211 11 PINE 10' 213 LL✓✓f a� 0120 1 -WO 1219 4=HA.. 2 -WO 1174 1 tO rn I Plant Legend OVERSTORY DECIDUOUS TREE Plant Schedule 165 7 NOTE: 1. SEE GRADING PLAN FOR ALL SEEDING/ SODDING AREAS. OVERSTORY TREE (42 Total) QTY ID COMMON NAME BOTANICAL NAME SIZE (AT INSTALLATION) METHOD HEIGHT (AT MATURITY) WIDTH (AT MATURITY) SPACING COMMENT 9 SM Sugar Maple Acer saccharum 2.5" CAL. B&B 50'-75' 40'-50' AS SHOWN 7 AB Autumn Blaze Maple Acer x freemanii 'Jeffers Red' 50'-60' 40'-50' AS SHOWN WRAP TREES - FASTEN TOP AND BOTTOM, REMOVE BY APRIL 1ST OR PAINT TRUNKS WITH WHITPAINT MIX(1/3 WHITE LATEX PAINT + 2/3 WATER). 6 RM Northwood Red Maple Acser rubrum 'Northwood' 50' 35' AS SHOWN 10 WO Swamp White Oak Quercus bicolor 50'-60' 40'-50' AS SHOWN 10 HA Hackberry Celtis occidentalis 50'-75' 40'-50' AS SHOWN NOTE: THE ABOVE LANDSCAPE TOTALS ARE GIVEN AS A CONVENIENCE TO THE LANDSCAPE CONTRACTOR. THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR VERIFYING COUNTS WITH PLANTING PLAN. 2 -WO ................ Call 48 Hours before digging: 811 or caII811.com Common Ground Alliance Planting Notes GENERAL: 1. ALL PLANT MATERIAL INSTALLATION, INCLUDING SEED AND SOD, SHALL BE COMPLETED PRIOR TO SUBSTANTIAL COMPLETION. 2. CONTRACTOR SHALL LOCATE AND VERIFY ALL UTILITIES, INCLUDING IRRIGATION LINES, WITH THE OWNER FOR PROPRIETARY UTILITIES 48 HOURS BEFORE DIGGING. CONTRACTOR SHALL CONTACT EITHER COMMON GROUND ALLIANCE AT 811 OR CALL811.COM OR GOPHER STATE ONE CALL AT 651-681-7326 (TWIN CITIES METRO AREA) OR 800-252-1166 (GREATER MINNESOTA) OR WEB AT www.gopherstateonecall.org. CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION AND REPAIR OF ANY DAMAGES TO SAME. NOTIFY THE LANDSCAPE ARCHITECT OF ANY CONFLICTS TO FACILITATE PLANT RELOCATION. 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE CODES, REGULATIONS, AND PERMITS GOVERNING THE WORK. 4. ALL PLANT MATERIAL QUANTITIES, SHAPES OF BEDS AND LOCATIONS SHOWN ARE APPROXIMATE. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COVERAGE OF ALL PLANTING BEDS AT SPACING SHOWN AND ADJUSTED TO CONFORM TO THE EXACT CONDITIONS OF THE SITE. THE LANDSCAPE ARCHITECT SHALL APPROVE THE STAKING LOCATION OF ALL PLANT MATERIALS PRIOR TO INSTALLATION.ACTUAL LOCATION OF PLANT MATERIAL IS SUBJECT TO FIELD AND SITE CONDITIONS. 5. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. 6. NO PLANT MATERIAL SHALL BE SUBSTITUTED WITHOUT THE APPROVAL OF THE LANDSCAPE ARCHITECT OR OWNER. ALL SUBSTITUTIONS MUST BE APPROVED PRIOR TO SUBMISSION OF ANY BID AND/OR QUOTE BY THE LANDSCAPE CONTRACTOR. THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO REJECT ANY PLANTS WHICH ARE DEEMED UNSATISFACTORY BEFORE, DURING, OR AFTER INSTALLATION. 7. THE PLAN TAKES PRECEDENCE OVER THE LANDSCAPE LEGEND IF DISCREPANCIES EXIST. THE SPECIFICATIONS TAKE PRECEDENCE OVER THE PLANTING NOTES AND GENERAL NOTES. 8. CONTRACTOR SHALL PROVIDE GUARANTEE OF ALL PLANT MATERIALS FOR TWO COMPLETE GROWING SEASONS (APRIL 1 - NOVEMBER 1)YEAR . THE GUARANTEE BEGINS ON THE DATE OF THE LANDSCAPE ARCHITECT'S OR OWNER'S WRITTEN ACCEPTANCE OF THE INITIAL PLANTING. THE GUARANTEE SHALL COVER THE FULL COST OF REPLACEMENT INCLUDING LABOR AND PLANTS. REPLACEMENT PLANT MATERIAL SHALL HAVE A ONE YEAR GUARANTEE COMMENCING UPON PLANTING. NY PLANT MATERIAL WHICH DIES, TURNS BROWN, OR DEFOLIATES (PRIOR TO TOTAL ACCEPTANCE OF THE WORK) SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED WITH MATERIAL OF THE SAME SPECIES, QUANTITY, AND SIZE AND MEETING ALL LANDSCAPE LEGEND SPECIFICATIONS. 9. CONTRACTOR SHALL PROVIDE NECESSARY WATERING OF PLANT MATERIALS UNTIL THE PLANT IS FULLY ESTABLISHED OR IRRIGATION SYSTEM IS OPERATIONAL. OWNER WILL NOT PROVIDE WATER FOR CONTRACTOR. 10. PLANTS TO MEET AMERICAN STANDARD FOR NURSERY STOCK (ANSI Z60.1-2004 OR MOST CURRENT VERSION) REQUIREMENTS FOR SIZE AND TYPE SPECIFIED. 11. REPAIR ALL DAMAGE TO PROPERTY FROM PLANTING OPERATIONS AT NO COST TO OWNER SOIL PREPARATION: 12. TOPSOIL SHALL BE LOCAL FERTILE AGRICULTURAL SOIL FREE OF SUBSOILS, ROCKS, CLAYS, PLANTS, WEEDS, ROOTS AND OTHER IMPURITIES. PH VALUE SHALL BE BETWEEN 5.4 AND 7.0. 13. REMOVE DEBRIS AND WEEDS FROM SUBSOIL. 14. THE NEED FOR SOIL AMENDMENTS SHALL BE DETERMINED UPON SITE SOIL CONDITIONS PRIOR TO PLANTING. LANDSCAPE CONTRACTOR SHALL PERFORM A SOIL TEST PRIOR TO INSTALLATION AND NOTIFY LANDSCAPE ARCHITECT FOR THE NEED OF ANY SOIL AMENDMENTS. 15. SPREAD TOPSOIL TO A MINIMUM DEPTH OF 6". TOPSOIL PLACEMENT SHALL TAKE PLACE DURING DRY WEATHER. PREPARE TOPSOIL SO THAT IT IS FREE OF DEBRIS AND GRADED TO DRAIN AS INDICATED ON GRADING PLANS. 16. LIGHTLY COMPACT TOPSOIL AFTER PLACEMENT AND PROHIBIT CONSTRUCTION TRAFFIC FROM AREAS WITH TOPSOIL. PLANTING: 17. ALL PLANTS TO BE SPECIMEN GRADE, MINNESOTA -GROWN AND/OR HARDY. SPECIMEN GRADE SHALL ADHERE TO, BUT IS NOT LIMITED BY, THE FOLLOWING STANDARDS: ALL PLANTS SHALL BE FREE FROM DISEASE, PESTS, WOUNDS, SCARS, ETC. ALL PLANTS SHALL BE FREE FROM NOTICEABLE GAPS, HOLES, OR DEFORMITIES. ALL PLANTS SHALL BE FREE FROM BROKEN OR DEAD BRANCHES. ALL PLANTS SHALL HAVE HEAVY, HEALTHY BRANCHING AND LEAFING. CONIFEROUS TREES SHALL HAVE AN ESTABLISHED MAIN LEADER AND A HEIGHT TO WIDTH RATIO OF NO LESS THAN 5:3. 18. PLANTS TO BE INSTALLED AS PER MNLA & ANSI STANDARD PLANTING PRACTICES. 19. PLANTS SHALL BE IMMEDIATELY PLANTED UPON ARRIVAL AT SITE. PROPERLY HEEL -IN MATERIALS IF NECESSARY; TEMPORARY ONLY. 20. PRIOR TO PLANTING, FIELD VERIFY THAT THE ROOT COLLAR/ROOT FLAIR IS LOCATED AT THE TOP OF THE BALLED & BURLAP TREE. IF THIS IS NOT THE CASE, SOIL SHALL BE REMOVED DOWN TO THE ROOT COLLAR/ROOT FLAIR. WHEN THE BALLED & BURLAP TREE IS PLANTED, THE ROOT COLLAR/ROOT FLAIR SHALL BE EVEN OR SLIGHTLY ABOVE FINISHED GRADE. 21. OPEN TOP OF BURLAP ON BB MATERIALS; REMOVE POT ON POTTED PLANTS; SPLIT AND BREAK APART PEAT POTS. VERTICALLY SCORE ROOT BALLS PRIOR TO INSTALLATION. 22. PRUNE PLANTS AS NECESSARY - PER STANDARD NURSERY PRACTICE AND TO CORRECT POOR BRANCHING OF EXISTING AND PROPOSED TREES. 23. WRAP ALL SMOOTH -BARKED TREES - FASTEN TOP AND BOTTOM, REMOVE BY APRIL 1ST OR PAINT TRUNKS WITH WHITE PAINT MIX(1/3 WHITE LATEX PAINT + 3 WATER). 24. STAKING OF TREES AS REQUIRED; REPOSITION, PLUMB AND STAKE IF NOT PLUMB AFTER ONE YEAR. 25. BACKFILL SOIL AND TOPSOIL TO ADHERE TO MN/DOT STANDARD SPECIFICATION 3877 (SELECT TOPSOIL BORROW) AND TO BE EXISTING TOP SOIL FROM SITE FREE OF ROOTS, ROCKS LARGER THAN ONE INCH, SUBSOIL DEBRIS, AND LARGE WEEDS UNLESS SPECIFIED OTHERWISE. MINIMUM 4" DEPTH TOPSOIL FOR ALL LAWN GRASS AREAS AND 12" DEPTH TOPSOIL FOR TREE, SHRUBS, AND PERENNIALS. 26. WOOD MULCH SHALL BE AT ALL TREE, SHRUB, PERENNIAL, AND MAINTENANCE AREAS, COLOR SHALL BE DARK BROWN. TREE AND SHRUB PLANTING BEDS SHALL HAVE 4" DEPTH OF SHREDDED HARDWOOD MULCH. SHREDDED HARDWOOD MULCH TO BE USED AROUND ALL PLANTS WITHIN TURF AREAS. PERENNIAL AND ORNAMENTAL GRASS BEDS SHALL HAVE 3" DEPTH SHREDDED HARDWOOD MULCH. MULCH TO BE FREE OF DELETERIOUS MATERIAL. PRUNE OUT MISDIRECTED BRANCHES. PROVIDE ONE CENTRAL LEADER. GUYING AND STAKING, AS REQUIRED, FOR ONE (1) YEAR ON ALL DECIDUOUS AND CONIFEROUS TREES: TOP STAKES 5' ABOVE GROUND (MAX.) OR TO FIRST BRANCH. BOTTOM OF STAKE 3' (MIN.) BELOW GROUND. STAKING POSTS TO BE 2"X2" STAINED WOOD OR PAINTED STEEL DELINEATOR POSTS. PLACE 3 POSTS EQUIDISTANT AROUND AND OUTSIDE ROOT BALL. SECURE TREE TO POSTS WITH 16" LONG POLYPROPYLENE OR POLYETHYLENE, 40 MIL., 1.5" WIDE STRAP. TREE WRAP MATERIAL FROM GROUNDLINE UPWARD TO FIRST BRANCHES, AS REQUIRED. PLACE MULCH, DEPTH AS SPECIFIED, OVER PLANT PITS - DO NOT PILE AGAINST TRUNK. FORM 3" DEEP WATERING BASIN. BACKFILL PLANT PIT WITH SPECIFIED BACKFILL SOIL. SCARIFY SIDES AND BOTTOM OF HOLE. REFER TO AMERICAN STANDARD FOR NURSERY STOCK FOR MINIMUM BALL SIZE. ROOT FLARE TO BE PLANTED AT OR NEAR FINISHED GROUNDLINE. Tree Planting Detail NOT TO SCALE SET ROOT BALL ON UNDISTURBED SUBSOIL OR COMPACTED SOIL MOUND MATCHING TREES NATURAL GROUNDLINE WITH FINISHED SITE GRADE. NOT FOR CONSTRUCTION i Westwood Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 ToN Free (888) 937-5150 westwoodps.com Westwood Professional Services, Inc. I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. Kevin Teppen 07/26/17Na 26980 Date License Revisions:Prepared for: 04/21/17 REVISED PER COMMENTS 05/25/17 REVISED PER COMMENTS checked: 07/11/17 REVISED PER COMMENTS 07/14/17 REVISED LOTS -IMPERVIOUS REQUIREMENTS Drawn: 07/26/17 WATERSHED COMMENTS Record Drawing by/date; Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Hazel Place Stillwater, Minnesota 0' 50' 100' 150' 0009258PLP01.dwg Date: 03/17/17 Sheet: 8 OF 9 Preliminary Landscape Plan © 2017 Westwood Professional Services, Inc. I Tag Number Tree 1102 Red Oak 1103 Box Elder 1104 Box Elder 1105 Silver Maple 1106 Silver Maple 1107 Silver Maple 1108 Red Oak 1109 Red Oak 1110 Red Oak 1111 Red Pine 1112 Arborvitae 1113 Red Pine 1114 Red Pine 1115 Spruce 1116 Red Pine 1117 Red Pine 1118 Ash 1120 Ash 1121 Maple 1122 Maple 1123 Maple 1124 Box Elder 1125 Silver Maple 1126 Maple 1127 Ash 1128 Ash 1129 Silver Maple 1130 Silver Maple 1131 Silver Maple 1132 Scotch Pine 1133 Red Oak 1134 Cottonwood 1135 Red Oak 1136 Box Elder 1137 Red Oak 1138 Red Oak 1139 Red Oak 1140 Box Elder 1141 Box Elder 1142 Box Elder 1143 Box Elder 1144 Box Elder 1145 Box Elder 1146 Box Elder 1147 Box Elder 1148 Arborvitae 1149 Arborvitae 1150 Ash 1151 Juniper 1152 Red Pine 1153 Red Pine 1154 Red Pine 1155 Red Pine DBH 12 76 52 62 20 56 8 10 12 6 8 12 8 6 6 10 8 32 10 12 12 20 50 12 8 7 34 34 30 12 20 20 24 20 12 10 12 14 18 60 40 26 36 48 48 8 8 8 8 10 8 10 6 Clump Status Protect CL Removed Removed CL Removed Removed CL Removed Removed Removed Removed Removed Removed Protect Protect Protect Protect Removed Removed CL Removed Removed Removed Removed CL Removed CL Removed Removed Removed Removed CL Removed CL Removed CL Removed Removed CL Removed Removed CL Removed Removed Removed CL Removed CL Removed CL Removed CL Removed CL Removed CL Removed CL Removed CL Removed CL Removed CL Removed Removed Removed Removed Removed Protect Protect Protect Removed Tag Number 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1177 1178 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1209 1210 1211 1213 1215 1217 1219 Tree Silver Maple Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Spruce S pruce Juniper Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Aspen Aspen Red Pine Red Pine Red Pine Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen DBH 26 Clump Status CL Protect Removed Removed Protect DBL Protect Protect Protect Removed Protect Protect Protect Protect Protect Protect Protect Protect Protect Removed Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect 10 6 10 8 8 8 8 10 8 6 10 12 10 8 6 8 8 8 6 6 6 6 6 8 6 6 8 8 6 6 6 6 8 6 8 6 8 6 8 8 8 6 Protect Protect 8 8 8 8 8 8 8 8 8 8 6 6 Protect Protect Protect Protect Protect Protect Protect Protect Removed Removed Removed Removed Tag Number 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1238 1239 1240 1241 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1257 1258 1259 1260 1261 1262 1263 1264 1267 1268 1270 1274 1277 1278 1279 1280 1281 1282 1283 1285 1286 1287 Tree Quaking Aspen Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Spruce Spruce Spruce Spruce Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen DBH Clump Status Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Tag Number Tree 1288 Quaking Aspen 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1303 1304 1308 1309 1312 1313 1314 1315 1316 1317 Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Red Oak 1318 1319 Red Oak Paper Birch 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 Paper Birch Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen Bigtooth Aspen 1343 1344 1345 Quaking Aspen Paper Birch Quaking Aspen 1346 1347 1348 Quaking Aspen Paper Birch Quaking Aspen DBH 8 8 8 8 8 8 8 8 6 8 8 6 6 8 6 6 6 6 8 6 8 8 8 16 18 6 10 6 8 8 8 8 8 8 8 8 8 Clump Status Protect Protect Protect Protect Protect Removed Removed Removed Removed Removed Removed Removed Protect Removed Removed Removed Removed Removed Removed Protect Protect Protect Protect Protect Protect Protect Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed Removed 8 Protect Removed Removed Removed Removed 8 Protect Removed Removed DBL Removed Removed Removed Removed 8 8 8 8 8 8 8 8 8 8 6 10 10 8 8 10 Protect Protect Protect Protect DBL Protect Protect Tag Number Tree 1349 1350 1351 1352 1354 1355 1356 1357 1358 1360 1361 1362 1364 1366 1367 1368 1369 1374 1382 1383 1384 1387 1389 1390 1391 1392 1394 1395 1396 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1409 1410 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1426 Paper Birch Paper Birch Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Silver Maple Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen DBH 8 8 10 10 6 8 6 6 6 6 6 8 6 10 6 8 8 12 6 6 6 8 10 8 8 8 10 8 8 6 8 8 8 Clump Status Protect Protect Protect TRP Protect Protect Protect Removed Removed Removed Removed Removed Removed Protect Protect Protect TRP Protect DBL Removed Removed Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect TRP Protect Protect Protect Red Oak Quaking Aspen 8 8 Protect Protect Quaking Aspen Paper Birch Red Oak Ironwood Paper Birch Quaking Aspen Ironwood Quaking Aspen Paper Birch Paper Birch Paper Birch Paper Birch 10 14 16 6 8 20 10,4 10 16,5,3 8 7 8 Paper Birch Ironwood 8 12 Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Protect Protect Protect Protect Protect Protect DBL Protect Protect CL Protect Protect Protect Protect Protect Protect 7 Protect 8 Protect 7 Protect 6 Protect 6 Protect 8 Protect Tag Number 1427 1428 1429 1430 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1455 1456 1458 1460 1461 1462 1463 1464 1465 1466 1468 1469 1470 1471 1473 1474 1477 1478 1479 1480 1481 1483 1484 1485 1487 1488 1489 1490 1491 1492 1493 Tree Quaking Aspen Quaking Aspen Paper Birch Quaking Aspen Red Oak Paper Birch Quaking Aspen Paper Birch Paper Birch Paper Birch Paper Birch Paper Birch Quaking Aspen Paper Birch Paper Birch Paper Birch Red Oak Ironwood Paper Birch Quaking Aspen Paper Birch Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Paper Birch Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Quaking Aspen Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine Red Pine DBH Clump Status 6 Protect 8 Protect 6 Protect 12 Protect 8 Protect 6 Protect 12 Protect 12 Protect 12,8 DBL Protect 8 Protect 5,9 DBL Protect 10 Protect 8 Protect 8 Protect 12 Protect 8 DBL Protect 16 Protect 4 DBL Protect 8 Protect 14 Protect 6 Protect 6 Protect 8 Protect 6 Protect 6 Protect 6 Protect 10 Protect 8 Protect 8 Protect 8 Protect 8 Protect 8 Protect 8 Protect 6,8 DBL Protect 7 Protect 12 Protect 6 Protect 6 Protect 6 Protect 6 Protect 8 Protect 10 Protect 10 Protect 10 Protect 8 Protect 6 Protect 6 Protect 12 Protect 10 Removed 10 Protect 10 Protect 6 Protect 6 Protect 10 Protect 6 Protect Legend 0 0 EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED TREE PROTECTION FENCE Tree Preservation Data Allowed Tree Canopy Removal with out Required Replacement Tree Canopy to be Removed: Tree Canopy to Remain: Total Tree Canopy: 35% Max. (55,510sf) 78,011sf (41.6%) 109,458sf (58.4%) 187,469sf Trees on Site 382 Trees Allowed Tree Removal with out Replacement 134 Trees (35%) Trees to be Removed: 152 Trees (40%) (25 removed for road, drainage & utilities) Trees Trees to Remain: 230 Trees (60%) Req. Replacement Trees: 18 Trees Tag Number Tree 1494 Red 1495 Red 1496 Red 1497 Red 1498 Red 1499 Red 1500 Red 1501 Red 1502 1503 1504 1505 1507 1510 1512 1513 1515 1516 1517 1518 1520 1521 1522 1523 1524 1525 Pine Pine Pine Pine Pine Pine Pine Pine Red Pine Red Pine Red Pine Quaking Aspen Red Pine Quaking Aspen Red Pine Red Pine Red Pine Quaking Aspen Quaking Aspen Quaking Aspen Quaking Aspen Red Pine Red Pine Red Pine Red Pine Red Pine DBH 8 12 8 8 6 10 10 12 6 10 10 6 14 8 12 10 6 10 8 10 8 8 10 10 10 8 Clump Status Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect Protect 1526 1527 Red Pine Red Pine 10 10 Protect Protect 1528 1529 1531 1534 1535 1538 1541 1546 1547 1548 1549 1550 Red Pine Red Pine Quaking Aspen Quaking Aspen Paper Birch Quaking Aspen Quaking Aspen Red Pine Spruce Spruce Spruce Spruce 1551 1552 Spruce Spruce 1553 1554 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 Spruce Spruce Spruce Spruce Spruce Spruce Silver Maple Juniper Red Pine White Pine Ash Maple Box Elder 12 Protect Removed Removed CL Removed Removed 14 6 12 8 6 6 12 10 8 8 10 6 6 8 8 8 8 6 8 10 8 6 12 8 40 30 Removed Removed Protect Protect Protect Protect Protect Protect Protect Protect Removed Removed Removed Removed Removed TRP Protect Removed Removed Removed Removed CL Removed CL Removed i Call 48 Hours before digging: 811 or caII811.com Common Ground Alliance ELEVATION PLAN NOTES: ORANGE MESH CONSTRUCTION FENCE LOCATION AS SHOWN ON PLAN. MAINTAIN MAXIMUM DISTANCE FROM TRUNK POSSIBLE. 6' METAL FENCE POST. STAKE EVERY 6' MAXIMUM. 6' MAX. T " POST OR EQUAL ORANGE CONSTRUCTION FENCE STAKED EVERY 6' 1, PRUNING WILL BE DONE BY PROFESSIONALS DURING APPROPRIATE PRUNING SEASON. 2. NO STORAGE OF MATERIALS, OPERATION OF MACHINERY, OR DEVELOPMENT OF ANY SORT WILL OCCUR WITHIN THE FENCE—LINE WITHOUT APPROVAL IN WRITING FROM THE CITY. 3. SITE GRADING TO BE DONE ONLY AFTER PROTECTIVE MEASURES HAVE BEEN TAKEN, CITY HAS APPROVED FENCING LOCATIONS, AND ALL CONTRACTORS HAVE BEEN BRIEFED ON TREE PRESERVATION TECHNIQUES. Westwood TREE PROTECTION LAST REVISED: 05/28/15 TPO8 NOT FOR CONSTRUCTION 0' 50' 100' IDate: 03/17/17 Sheet: 9 OF 9 150' 0009258TPPO1.dwg Westwood Phone (952) 937-5150 Fax (952) 937-5822 TdlRee (888�93i-5150 (952)937-5150 Fax (952)937-5822 ToN Free (888) 937-5150 7699 Anagram Eden Prairie, N a Anagram Drive Prairie, MN 55344 westwoodps.com Westwood Professional Services, Inc. Professional Services, Inc. I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed LANDSCAPE ARCHITECT under the laws of the State of Minnesota. Kevin Teppen 07/26/17Na 26980 Date License Revisions: 04/21/17 REVISED PER COMMENTS 05/25/17 REVISED PER COMMENTS 07/11/17 REVISED PER COMMENTS 07/14/17 REVISED LOTS—IMPERVIOUS REQUIREMENTS 07/26/17 WATERSHED COMMENTS Checked: Drawn: Record Drawing by/date Prepared for: Fairway Development, LLC 1959 Sloan Place, Suite 140 St. Paul, Minnesota 55117 Hazel Place Stillwater, Minnesota Tree Preservation Plan (-`-:IL.,.,il-1.-1,4, NI 1 IVV‘i ICI g aa.aa 0,',',9% mParcel � i I . rr- "'••..•' "'" .. V- a The Birthplace of Minnesota 110 Hazel Place Stream Shoreland Overlay District — Municipal u 'cipal Boundary Boundaries -,--- Browns Creek and Tributaries Stream Shoreland Management District 0 112.5 225 450 Feet 1 ski .. ��► GD General Site Location d n „,. < � r = ff :s� 4111I11111llLt: ��F ♦ 1 �.v ,../ HAZ in i— ifijill„ Iip C%I 1 gm ill 111Mj_Pik7 ... sLII . `e 3” 1 1 OiC z. { 321 �. ` • 1� , ,:L .. ♦ N. r �� . � A x . y `` l rlill iimuir ...lAll ,.III . t, O - a qd 3 311 . �', ��! 1111 FJ� — (.. 11 1. , .1 gri- g CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR HAZEL PLACE CASE NO. 2017-14 WHEREAS, Fairway Development LLC made application for approval of a preliminary plat for HAZEL PLACE encompassing property legally described on Exhibit A; and WHEREAS, on August 23, 2017 the Stillwater Planning Commission held a public hearing and recommended conditional approval of the preliminary plat; and WHEREAS, on August 28, 2017 the Stillwater Park Commission discussed the park and trail obligations of the development; and WHEREAS, on September 5, 2017 the Stillwater City Council held a public hearing on the preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the preliminary plat of HAZEL PLACE with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except may be modified by the conditions herein: • Preliminary Plat dated 7/12/2017 • Preliminary Grading and Erosion Control Plan dated 3/17/2017 • Preliminary Utility Plan dated 3/17/2017 • Preliminary Street and Storm Sewer Plan & Details dated 3/17/2017 • Preliminary Landscape Plan dated 3/17/2017 • Tree Preservation Plan dated 3/17/2017 2. Outlot A shall not be permitted and shall be combined with Lot 6 or sold to an adjacent property owner, being combined with a larger tract of land. 3. Lot 5 shall have its own driveway. 4. A shared driveway access and maintenance agreement for Lots 6 and 7 shall be submitted for review and approval with the Final Plat. This will be recorded in conjunction with the Final Plat. 5. Drainage and utility easements for all Lots will be required to be filed with the final plat for all Drainage and Utility areas. Drainage and utilities easements between Lots 6 and 7 shall be 10' on each side of the property line; easements between Lots 7 and 8 shall be 7.5' on each side of the property line. These must be submitted to the City for approval of form and content together with final plat application materials. 6. The property, and all legally subdivided lots, shall be rezoned to RA - One Family Residential prior to the issuance of a building permit. 7. Civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer. 8. The amended Preliminary Plat shall be reviewed by the Brown's Creek Watershed District prior to the submittal of the Final Plat. A BCWD permit shall be required. District recommended conditions will be incorporated by reference into this approval. 9. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 10. All of the stormwater infiltration ponds and basins must be privately maintained. A Home Owner's Association will be required, as will associated maintenance documents that will have to be filed in chain of title. These must be submitted to the City for approval of form and content together with final plat application materials. 11. Home Owner's Association documents including stormwater facilities maintenance, and outlot ownership must be submitted with final plat application for approval by the City. When approved by the City, they must be filed together with the final plat. 12. A total of 42 trees shall be planted on private property. A total of 18 trees will be planted as a part of mitigation and installed at the time of installation of the public improvements. The installation of the three per lot landscaping trees may be installed after new home construction but the City's development escrow or security shall not be released until installation has occurred. All trees shall be planted wholly on private lands. 13. This development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees if found acceptable to the Park Commission and City Council. The $17,500 in fees will be due prior to release of the final plat from the City for recording with Washington County. 14. This development shall be responsible for paying sanitary and municipal water fees associated with the "North Hill Project", in an amount established by the City Council. Timing for payment of the fees must be included in the Development Agreement for this project. 15. Pruning and grading near any of the oak trees to be saved shall not occur between April 15th and July 1St, unless a professional forester has prepared an oak impact plan that is approved by the City in advance of work on site. 16. No monument signage or street lighting shall be permitted in the future. Enacted by the City Council of the City of Stillwater, Minnesota this 5th day of September, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Page 2 of 3 Exhibit A Legal Description That part of the South Half of the Northwest Quarter of Section 21, Township 30 North, Range 20 West and Outlot B of the recorded plat of BROWN'S CREEK HEIGHTS, Washington County, Minnesota, described as follows: Commencing at the southeast corner of said South Half of the Northwest Quarter, thence South 88 degrees 52 minutes 54 seconds West, on a assumed bearing, along the southerly line thereof, 1270.00 feet; thence North 01 degrees 11 minutes 45 seconds West, parallel with the easterly line of said South Half of the Northwest Quarter, 252.00 feet to a Judicial Landmark at the point of beginning of the parcel to be described; thence North 67 degrees 04 minutes 45 seconds West 331.86 feet to a Judicial Landmark; thence North 42 degrees 46 minutes 58 seconds West 169.75 feet, more or less, to a point 514 feet north of said southerly line of the Northwest Quarter and 361.25 feet West of the easterly line of the Southwest Quarter of said Northwest Quarter of Section 21, said point being marked by a Judicial Landmark; thence North 01 degree 12 minutes 30 seconds West, parallel with said easterly line of the Southwest Quarter of the Northwest Quarter 451.41 feet to a point distant 965.41 feet from the southwest corner of the east 361.25 feet of the Southwest Quarter of the Northwest Quarter said point being marked by a Judicial Landmark; thence North 08 degrees 05 minutes 45 seconds East a distance of 79.73 feet to a Judicial Landmark; thence North 01 degrees 12 minutes 30 seconds West a distance of 29.07 feet to a Judicial Landmark; thence North 36 degrees 54 minutes 50 seconds West a distance of 22.09 feet to a Judicial Landmark on said parallel line; thence North 01 degrees 12 minutes 30 seconds West parallel with said easterly line a distance of 145.69 feet to a Judicial Landmark on the southerly right-of-way of the Minnesota Transportation Museum Railroad, (formerly the Northern Pacific Railway Co.); thence easterly 196.60 feet, along said southerly right-of-way and the northerly line of said Outlot B on a non-tangential curve, concave to the South having a radius of 1095.92 feet, a central angle of 10 degrees 16 minutes 43 seconds and the chord of said curve having a bearing of South 86 degrees 40 minutes 51 seconds East to a Judicial Landmark at the northeasterly corner of said Outlot B of the recorded plat of BROWNS CREEK HEIGHTS; thence South 01 degree 11 minutes 45 seconds East along the easterly line of said Outlot B a distance of 212.59 feet to a Judicial Landmark at the southeast corner of said Outlot B, said southeast corner being 1009.00 feet North of said southerly line of the South Half of the Northwest Quarter; thence North 88 degrees 52 minutes 54 seconds East along the southerly line of Lot 9, Block One of said BROWN'S CREEK HEIGHTS, and parallel with said southerly line of the Northwest Quarter a distance of 119.21 feet to a Judicial Landmark; thence South 80 degrees 52 minutes 29 seconds East a distance of 21.96 feet to a Judicial Landmark; thence North 89 degrees 20 minutes 04 seconds East a distance of 44.21 feet to a Judicial Landmark; thence South 73 degrees 11 minutes 06 seconds East a distance of 20.71 feet to a Judicial Landmark; thence South 31 degrees 35 minutes 37 seconds East a distance of 18.40 feet to a Judicial Landmark; thence South 02 degrees 21 minutes 20 seconds East a distance of 60.82 feet to a Judicial Landmark; thence South 25 degrees 45 minutes 54 seconds East a distance of 11.40 feet to a Judicial Landmark on the west line of said Lot 9, said point being 1270.00 feet westerly of said easterly line of the South Half of the Northwest Quarter; thence South 01 degree 11 minutes 45 seconds East along the westerly line of said Lot 9 and its southerly projection, parallel with said easterly line of the South Half of the Northwest Quarter, 659.35 feet to a Judicial Landmark being the point of beginning. Page 3 of 3 THE 9 I R T H PLAC E OF- MINNESOTA TO: Mayor & Council Members DATE: August 28, 2017 RE: Comprehensive Plan Advisory Committee FROM: Bill Turnblad, Community Development Director INTRO Fifty-four candidates have expressed interest in serving on the Comprehensive Plan Advisory Committee. The amount of interest is wonderful, but the committee would be too large if all the candidates were seated. The Council felt on August 15th that the number of seats should only be about eighteen. So, the Council appointed Council Members Junker and Polehna and staff members McCarty and Turnblad to form a group to make a recommendation to the full Council on who should fill the eighteen seats. COMMENTS Attached is a list of all candidates. The selection group recommends appointing the twenty candidates highlighted in yellow. The twenty seats includes two Council Members. The candidates highlighted in gray are recommended as alternates. Attachment: Candidate list 1. Rev. Brenda Hoffman 5. Kathleen Anglo 2018 COMPREHENSIVE PLAN CANDIDATES FOR ADVISORY COMMITTEE 6:30-8:30 PM; 3rd Thursday each month from Sept 2017 — May 2018 a. Interests: affordable housing b. Deacon at Episcopal Church of the Ascension, 214 North 3rd Street 2. Alexander Pavlicin a. Interests: sustainability b. Stillwater High School student c. Youth for Sustainable Stillwater 3. Emma Lowie a. Alternate for Alexander Pavlicin b. Interests: sustainability c. Stillwater High School student d. Youth for Sustainable Stillwater 4. Kim Glidden a. Resident a. Resident b. Employed by City of St Paul; Parks Department c. Registered Landscape Architect 6. Pat Lockyear a. Interests: energy conservation b. Resident 7. Anne Siess a. Resident: serves on Stillwater Planning Commission b. Represent: residents (as alternate if possible) 8. Milan Korich a. Interests: downtown b. Resident 9. Shelly Christensen a. Track coach b. Resident 10. Louise Watson a. Co-chair of Sustainable Stillwater b. Interests: sustainability c. Resident Rev. 8/21/17 20. Mary Russell 21. Ryan Leaner 11. Rich Cummings a. Interests: lighting, aesthetics, ambiance b. Former Stillwater Council Member c. Resident 12. Blair Lenzmeier a. Interests: tourism b. Resident 13. Chris Kohtz a. Downtown business owner b. Resident 14. John Read a. Resident 15. Jana Webster a. Interests: tie into state-wide tourism initiative b. Resident 16. David Brandt a. Serves on Stillwater Park Commission b. Resident c. GIS Professional d. Interests: parks, bike/pedestrian routes, transportation, sustainability 17. Brad Glynn a. Resident: serves on Downtown Parking Commission b. Stillwater business owner c. Lumberjack Days organizer 18. Robin Anthony a. Executive Director of Greater Stillwater Area Chamber of Commerce 19. Wally Milbrandt a. Former Stillwater Council Member b. Resident a. Interests: aging; walkability of Stillwater; sustainability; affordable housing b. Resident a. Serves on Downtown Parking Commission b. Downtown business owner 22. Heidi Koehnle a. Resident b. Interests: tourism; downtown business 23. Carl Baglio a. Realtor b. Interests: bicycle trail system; river; parks; water front c. Resident 24. Tom Polasik a. Represents: St. Croix River Association 25. Doug Menikheim a. City Council Member Rev. 8/21/17 33. Curt Geissler 26. Dave Junker a. City Council Member 27. Robert Olszewski a. Pastor, Crosswinds Community Church 28. Glen VanWormer a. Traffic engineer b. Resident 29. Ann DeLaVergne a. Interests: public art; small business incubator space; bike hostel downtown b. Resident 30. Cory Buettner a. Downtown business owner b. Community event organizer c. Resident 31. Ryan Collins a. Serves on Planning Commission b. Resident 32. Sheila Maybanks a. Interests: sustainability, water quality b. Represents: St. Croix Valley Women's Alliance; Environmental Committee c. Resident a. Resident b. Retired Administrator for the Lakeview Hospital c. Interests: land use; parks; housing; community health and wellness 34. Ann Martin, alternate to Sheila Maybanks a. Represents: St. Croix Valley Women's Alliance 35. Sheila -Marie Untied a. Represents Stillwater Township 36. Lee Busse a. Represents Stillwater Township (alternate) 37. Julie Fedje-Johnson a. Resident b. Former Planning Commissioner, Grand Rapids, MN - updated Comp Plan during her tenure 38. Mark Brown a. South Hill resident b. Commercial real estate appraiser 39. Justin Reinke a. Resident 40. Tom Bader a. Resident b. Interests: parks & trails, natural resources; plan implementation c. Sr Principal, Stantec planning group Rev. 8/21/17 41. Kimberly Pavek 46. Deirdre Kramer 51. Richard Edstrom a. Global project leader at Ecolab b. Deep experience guiding groups through change 42. John Dybvig a. North Hill resident b. Works in Mpls Council Member's Office c. Currently helping Mpls planning staff with resident outreach for Comp Plan Update d. Interests: land use, natural resources, economic competitiveness, transportation, resiliency; plan implementation 43. Beau LaBore a. Social Studies Teacher, Stillwater Head Football Coach 44. Duane Arndt a. Resident b. Practicing attorney c. Former chair of Stillwater Planning Commission ('70-75) d. Interests: transportation; affordable housing; parks/trails; resource conservation; business competitiveness 45. Dan Hine a. Retired Dean and Hamline University faculty member b. Resident on Long Lake c. Interests: land use and its impact upon existing residents; economic competitiveness, housing, wellness; plan implementation 47. Nicole Nelson a. North Hill resident b. Interests: land use; parks/trails/wellness; econ competitiveness, plan implementation 48. Chris Nelson a. North Hill resident 49. Bob Gray a. Vice President - Trust; First State Bank and Trust b. Serves on Stillwater Area Health Advisory Council c. Interests: parks/trails, wellness; economic competitiveness 50. Jerry Clark a. Interests: transportation; park development a. Interests: natural resources, parks/trails, wellness; community resiliency 52. Josh Leonard a. North Hill resident b. Education Director, Belwin Outdoor Science, St. Paul Public Schools c. Interests: parks/trails/wellness; natural resources; resiliency 53. Yihong Gao a. Bridge Rating Engineer b. Interests: transportation, natural resources, land use; parks/trails 54. Billy Salotto II a. Resident b. Interests: economic growth; economic competitiveness Rev. 8/21/17 55. Michael Sobieski a. Resident b. Lumberjack Days organizer c. DT Plan advisory committee Rev. 8/21/17 Co p Plan Advisory Co ittee Candidate Reco endations 8/25/17 Selection Co ittee In eres Area Primary Candida e Al erna e Candida e Planning Co ission Ryan Collins Parking Co ission Ryan Lettner Park Co ission David Brandt City Council Dave Junker City Council Doug Menikhei Stillwater Township Board Sheila -Marie Untied Lee Busse High School Student Alexander Pavlicin E a Lowie Cha ber of Co erce Robin Anthony Land use Deirdra Kra er Sustainability Sheila Maybanks Ann Martin Parks Kathleen Anglo Natural resources Dick Edstro Econo is co petitiveness Bob Gray Affordable housing Rev Brenda Hoff an Aging Mary Russell health & wellness Curt Geissler transprotation Duane Arndt co unity resiliency Josh Leonard plan i ple entation John Dybvig Change guidance Ki berly Pavek Ulwater THE BIRTHPLACE OF MINNESOTA PLANNING REPORT DATE: August 28, 2017 TO: Mayor & Council Members APPLICANT: David Anderson, Frauenshuh, Inc PROJECT OWNER: Lakeview Memorial Hospital Association CASE NO.: 2017-36 REQUEST: Review and comment on Preliminary Concept Master Plan for New Medical Campus LOCATION: Northeast quadrant of Hwy 36 and Manning Ave intersection CURRENT ZONING: AP, Agricultural Preservation REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION Lakeview Memorial Hospital Association has a purchase agreement for the +68 acre site at the northeast quadrant of the Hwy 36/Manning Ave intersection. (See attached location map.) The property is planned to be the new campus for Lakeview Memorial Hospital and other related health care facilities. Prior to closing on the property purchase, the hospital is pro -actively seeking community comments on their Preliminary Concept Master Plan. That effort to engage the community included three neighborhood meetings. One of them was an open house held on July 31, 2017. One was a presentation at a Liberty on the Lake HOA meeting. And the third was a small meeting in the Legends neighborhood. The public outreach also included a public discussion at the Planning Commission meeting on August 23, 2017. SPECIFIC REQUEST The City Council is requested to consider the concept plan and offer comments. Also, neighbors within 700 feet of the site have been invited to the Council meeting to join the discussion. Lakeview Hospital August 28, 2017 Page 2 OVERVIEW OF CONCEPT The attached project narrative gives a written overview of the conceptual Lakeview Hospital Healthcare Campus. The attached plan set gives a visual overview of the conceptual campus layout. The goal of the project is to create an integrated healthcare and wellness destination. • The cornerstone of this healthcare campus will be the 300,000 square foot hospital • In addition, two building pads are envisioned for approximately 120,000 square feet of medical office space. • The third major element of the campus is envisioned to be a wellness/senior housing facility. • The fourth element would be the integrated open space system. This would include common area connections, trails, pedestrian ways, etc. Trails would create loops internally and would also connect to city and county trail systems for use of longer segments. • The fifth and final element would be approximately 14 acres for ancillary and complementary commercial businesses. These would service both the adjacent medical campus and the community at large. COMPREHENSIVE PLAN The 2030 Land Use Plan guides the project site to be developed as "RDP - Research, Development Park". An explanation of what that means is found on Page 2-18 of the City of Stillwater Comprehensive Plan. The explanation reads as follows: This important area contains 84 acres, and serves as the city's last remaining large parcel to attract a major employer. The city has created this specific land use designation to provide a site for a corporate center, research facility, education institution, medical campus or office campus that will bring not only a well-designed development, but head -of - household caliber jobs to the community. This classification has been in place since 1995 and although development has not yet occurred the city is committed to its vision to bring a Class A type development to this highly visible corner and gateway to the community. The corresponding zoning district is CRD, Campus Research and Development. Through implementation of the Comprehensive Plan, the city may update this zoning district to expand the list of uses allowed to support the goal of a high quality development that will increase the city's tax base and provide high -paying jobs. The proposed medical campus is specifically mentioned as one of the land uses envisioned for this site. Lakeview Hospital August 28, 2017 Page 3 The Comprehensive Plan states that the existing CRD Zoning District corresponds to the RDP - Research, Development Park designation. And, that the allowed uses in the CRD Zoning District could be expanded as necessary to implement the intent of the Comp Plan. That may be a workable strategy, but perhaps a better strategy would be to create a new zoning district. As with many of the other Comp Plan land use classifications, more than one zoning district can be associated with a single land use classification. So, for example, the BPI - Business Park/Industrial land use classification lists both the BP -I, Business Park Industrial and the IB, General Industrial zoning districts as corresponding. If a new zoning district were created, perhaps it could be something like HC, Healthcare Campus Zoning District. Permitted uses could include: hospital, clinic, medical offices. Uses allowed by Conditional Use Permit could include: senior care living facilities, fitness center, grocer, restaurant, miscellaneous commercial. It would need to be made clear in this new zoning district that the restaurant and miscellaneous other commercial business would need to be ancillary to the primary medical industry uses in the district. So, for example a restaurant or coffee shop may be desirable for visitors and patients of the clinics and hospital. And, they would also be desirable for the community as a whole. But the primary use of the 68 acre site would be medical and wellness, not general commercial. The new zoning district would also need to set appropriate maximum height standards, impervious coverage standards and setback standards. And perhaps height would be tied to separation or setback distances from residentially zoned property. So that more height may be allowed if there are increased separations and screening improvements. COMMENTS Lakeview Memorial Hospital Association is requesting comments on their preliminary concept plan. If there is general community approval of the concepts, the Hospital Board will continue towards purchase of the property. IN GENERAL In general city staff, the planning commission and the general community are very supportive of keeping Lakeview Hospital in Stillwater. And, given the location of the property at the intersection of two major roadways, access is both convenient and quick. Moreover, the medical campus concept is consistent with the city's Comprehensive Plan. Finally, unlike the current hospital campus, the new campus is not in the middle of a residential neighborhood. It would be on the southern edge of residential properties. To the east/southeast are medical and professional properties, to the south and west are regional highway corridors. Lakeview Hospital August 28, 2017 Page 4 NEIGHBORHOOD OPEN HOUSE Common themes from comments received at the neighborhood open house are: 1. Traffic a. Along 62nd St. - The single family neighborhood north of 62nd Street voiced concern about introducing collector street volumes of traffic on the southern border of their neighborhood. b. Through Legends - Several neighbors wanted to see access into the new health campus designed in such a way as to discourage patients and visitors from shortcutting through the Legends neighborhood to reach the campus. 2. Buffering - In addition to the pond, some of the open house participants wanted to know what buffering and/or landscaping would be installed along the north edge of the health campus. Requests ranged from substantial sound barrier structures to comfortable setbacks and plantings. 3. Intersection of Manning and 62nd - Neighbors noted that this intersection is already becoming busy enough that the length of cueing line waits to make a left turn onto southbound Manning Avenue can be excessive. They would like to see this become a semaphore controlled intersection. 4. Height of the buildings - There were concerns about how tall the buildings would be. Specifically, the visual impact of building mass in relation to homes in the adjacent neighborhood. Essentially, the further away the mass of buildings is, the less the impact would be. PLANNING COMMISSION Comments offered during the Planning Commission discussion, both from Planning Commissioners and from the public, are consistent with other comments noted in this report. Hopefully, a draft of the meeting minutes will be available for the September 5 City Council meeting. CITY ENGINEER The City Engineer and Community Development Director have met on several occasions with the hospital development team to identify and address infrastructure needs and availability. Generally speaking infrastructure either exists or can be extended to service the proposed campus. Curve Crest Boulevard will need to be extended to serve as a frontage road that allows residents in the western neighborhoods to drive to the businesses in the West Business Park without the need to use regional roads. There are several alignment alternatives that are physically possible. Each has positive and negative aspects. Ultimately, the chosen alignment will have to take into account the design of the future interchange at Lakeview Hospital August 28, 2017 Page 5 Hwy 36 and Manning, which Washington County MnDOT are currently working on. The hospital development team would prefer that this frontage road not bisect their campus. Though, designers of the interchange are concerned that in order for both the new interchange and for Manning Avenue south of 62nd Street to function properly, the Curve Crest frontage road may have to "touch down" on 62nd somewhere near (perhaps just west of) Timber Way. This would bisect the core campus from the ancillary commercial acreage, which is not Lakeview Hospital's preference. ENVIRONMENTAL 1. There are wetlands on the site that will require protected buffer areas. 2. Stormwater runoff treatment will need to be designed to protect Long Lake from further developmental impacts. 3. There is a pair of nesting eagles in the trees just west of the homes on McDougal Green. Development of the healthcare campus would not impact the nesting area. But there would be grading and construction within 660 feet of the nest. Therefore, the US Fish and Wildlife Service would encourage the developers to talk to the USFWS eagle biologists to determine if the proposal will have negative impacts on the eagles. If they think it might disturb nearby eagles, they we would encourage the developer to take voluntary steps to minimize their potential impact. REAL ESTATE TAXES A final comment relates to the real estate tax status of the future campus improvements. Some of the developed campus will be owned by tax exempt entities of the hospital system. Some, perhaps most, will be owned by taxable entities. In the future, when development plans are submitted, the real estate tax picture will need more clarity. CITY COUNCIL ACTION The City Council's task on September 5th will be to conduct a discussion on the campus concept and share comments with the developer. Attachments: Exhibit A - Location Map Project Narrative Plan Set Comments from Neighborhood Open House 8/23/17 Planning Commission minutes USFW comments on eagle habitat cc: Doug Johnson, Lakeview Hospital CFO David Anderson, Frauenshuh Eric Johnson, Oak Park Heights City Administrator I • K pP, nG r� j e �� E '� cREErvs O • o �. • 1 3 Rr f L of Rr I /3O Jf x�1aa `"y'q .J • 7150 03 �' `1 �r r'. % " ��� .tt,,p *4/' aE' OR V, a O9 m ��' iI t 1 ROI%WOOD BOULEVARD• o lY� r 1 te Sji11watQ The Birthplace of Minnesota .' f •t 'aq hl COURT TaJ 0 0 1 8 725 �� • • �� �� .e ro o sKYV EN COURT s GREENME. -AN CT o �E HDDEN U Site Location T Map GkiJ ss J� • j noiEN. «I •h f • •1 a , 1 t mm G l•• -a t by VALLEY SUNRrsE cauRr NLDPNES LANE • • DELA"O OR sK }� i tla ^. • ' • . $ 11 5 ---,1"' 1, 8 i 0 500 1,000 2,000 Fe • , .01-40.0.-.soa R et 1 J i •• m ,' NCHiNcnlE 4 General Site Location y ~ .ER DR� o¢ a 1 a g = f . `� SETTLERS AVE I • GTRFET 7 ; -. 62ND rvoRn I _ j53 Ig • 1 r 12601 1167 ;727 GRES5 STATE HIGHWAY >ti BREW.. S oeCT y ERS LANE 90 (r.��) S s F LONC LANE z ' DRivE o OVR� cREsi BLVD 2811 awn _ w 36 • 1 • • • I 1 • ,��� 1‘4 wl► -' - - �•• `• A �a • •.r•a•••... a: �� o e 2 1 0 m G-0 ^'_• •91 \,HIL 1 q 1 °,JY1 11 a ♦ �♦ ; • q,g�+ t� E S T e 1 9 8 3 FRAUENSHUH C c M M E R C l A L REAL ESTATE PROJECT NARRATIVE Lakeview Hospital and Health Campus Preliminary Concept Master Plan Stillwater, MN Project Team: Owner: Lakeview Memorial Hospital Association 927 Churchill St West Stillwater, MN 55082 Contact: Doug Johnson, CFO Phone: (651) 439-5330 email: douglas.e.johnson@lakeview.org Site Plan Design Lead / Architecture BWBR Architects 380 St Peter St #600 St Paul, MN 55102 Contact: Tim Sessions, AIA Phone: (651)222-3701 email: tsessions@bwbr.com Applicant/Owner's Representative: Frauenshuh, Inc. 710178th Street West, Suite 100 Bloomington, MN 55439 Contact: David Anderson, Senior Vice President Phone: (952)829-3480 email: david.anderson@frauenshuh.com The enclosed package provides information describing and illustrating the key master planning elements for land located at the northeast quadrant of Manning Avenue and Highway 36 in Stillwater. This submittal requests preliminary concept master plan approval as a precursor to a future formal land use application. As more detailed plans, specific use components and phases of development are defined, the basis for the formal land use application process will be developed. Additionally, as the site is studied for economic and development feasibility in this preliminary phase, this review will help define major infrastructure and site plan decisions such as access and roadway alignments and site and topographical design within the context of future area change. These matters will weigh heavily into the overall development feasibility and master plan development. Lakeview Hospital is excited to introduce the vision and the critical planning, economic and physical development considerations that will guide the future development of the site. 952.829.3480 + frauenshuh.com + 7101 West 786 Street + Minneapolis, MN 55439 1. SITE SUMMARY Parcel Basics The site is presently comprised of three contiguous parcels consisting of approximately 68 combined acres. The parcels are presently used for agricultural purposes and for a greenhouse and farm market operation (Bergmann's). The combination of the parcels into a 68 plus acre master planned development will provide the opportunity for a well -coordinated and cohesive development plan that can achieve Lakeview's vision for growth as the region's leader in healthcare service delivery. With healthcare as the cornerstone of Lakeview's mission and vision for the site, ancillary functions and complimentary commercial development will be key element of the master plan for an integrated community, healthcare and wellness destination center. Project Land Use Data The site is guided as research development park (RD), and currently zoned Agricultural Preservation (AP), reflecting its historical and current uses. It is Lakeview's intent to integrate a broad range of market viable complimentary healthcare, residential and commercial uses within an integrated master development plan. The vision is consistent with the City's comprehension plan and with Lakeview's mission and vision. As the plan is developed, future land use actions would include: i) rezoning, and ii) phased site plan and plat approvals. The objective is to create a zoning district consistent with the comprehensive plan that allows dimensional standards to facilitate the development vision. Application of the new zoning district standards including height, setbacks and other dimensional requirements would occur in the site plan approval phase(s). BWBR has completed a preliminary code review of the current comprehensive plan and future zoning district requirements for the development plan components, attached in Section 4. This analysis will form the basis for future land use actions to support the development plan. 2. DEVELOPMENT DATA DEVELOPMENT PLAN COMPONENTS The contemplated future development would anticipate subdivision/platting of the site in a series of phases. The anticipated subdivision and phasing components include: (1) the hospital campus core; (2) ancillary health and wellness; (3) western community/commercial; and (4) common areas, connections and conservation. The attached drawing package illustrates this basic development plan components. The basic plan components are described as follows: (1) HOSPITAL CAMPUS CORE — Lakeview Hospital will be the central component of the hospital campus core. The hospital components include the bed tower, administrative operations, primary, specialty and urgent care, emergency services and ancillary operations such as food service/dining, pharmacy, gift shop and related retail and hospital campus services. Project Narrative Page 2 of 6 PRELIMINARY CONCEPT PROGRAM SUMMARY Current Licensed Beds: Future Licensed Beds needed: New Hospital sq. ft. needed: Future MOB's (approx. sq. ft.): ASC (approx. sq. ft.): Other Needs (approx. sq. ft.): 97 licensed (current capacity of 68 staffed beds) 87-97 staffed beds 300,000 sq. ft. 120,000 sq. ft. (one or more phases) 25,000 sq. ft. 10,000 sq. ft. for facilities garage, operations, ancillary services, etc. (2) ANCILLARY HEALTH AND WELLNESS — These components may include health and wellness related and complementary elements that are mutually beneficial to a hospital and healthcare campus. These uses may include senior housing (independent, long-term and/or acute care), fitness and wellness services, innovative facilities and programs for new forms of group and personal health and wellness. These uses may be physically connected to the hospital campus or an integrated, yet independent component of the master plan. The ancillary health and wellness components will range from 30-70,000 sq. ft. for fitness/wellness related use and 80- 150 units of senior housing serving a range of program needs. (3) WESTERN COMMUNITY/COMMERCIAL— These components will include community and commercial uses that serve the broader market and are synergistic with the day to day community demand and functions of the adjacent hospital campus. Uses will range from restaurants, bistros, coffee shops and other dining establishments, grocery and specialty food retailers and other community commercial services such as banking, financial, insurance, professional, educational and other life-style retail goods and services. Health and wellness oriented retail tenants such as optical, dental, physical therapy, fitness and nutrition are some of the envisioned uses. Other specialty retailers such as service electronics, training and athletic performance outfitters and soft goods and services will complete the type of tenant mix envisioned for the site. The development capacity of the western portion of the site is estimated to range from 80,000 to 150,000 sq. ft. of development to be delivered in multiple phases over time. In addition to the commercial components, an additional 90-150 units of mixed-use residential development could be accommodated in the plan. (4) COMMON AREAS, CONNECTIONS AND CONSERVATION — Common area connections among the development components incorporating green space, trails and pedestrian ways are central components of the concept vision. In addition, roadway positioning, access location and design will be critical to creating a healthcare destination -driven environment that is safe and convenient for all transportation modes. Common areas and connections will be delivered in dedicated public right-of-way, subdivided parcels, out -lots and/or easements. Conservation is a unique part of the vision for the site, with over 5 acres of the existing land area comprised of wetland, natural vegetation and buffer areas. These areas will offer a balance of natural area greenspace elements to complement active common areas and connections throughout the site. Easements for cross access, parking, drainage and utilities will be created to establish efficient systems for common infrastructure components. In addition, operating agreements between various parcels and phases for shared use and maintenance will be elements of the master plan covenants. Project Narrative Page 3 of 6 3. ECONOMIC/DEVELOPMENT FEASIBILITY Economic viability is a critical aspect of the future development potential of this site. Basic site condition information and development feasibility issues have been identified and in-depth analysis of these issues will now begin with more definitive direction on the master plan scope. Some of the key economic development components will include: • Site Preparation and Grading Costs — With 68+ acres with varying topographic conditions, significant grading elements will become key drivers of site development feasibility. Also, integration of major roadway elements such as the Curve Crest extension and grade alignment with Manning Avenue will be specific engineering and construction considerations. Geotechnical soil engineering and environmental design will also be elements that will require further evaluation in terms of cost feasibility and economic viability of the potential development. • Roadways and Utility Costs — The site is presently served with multiple curb cut access points on three public streets (Manning Avenue, 62nd Street and 60th Street). These points currently provide ample access to the property for the needs of Lakeview and the planned development. The City's comprehensive plan objective to connect Curve Crest from Stillwater Boulevard to Manning Avenue as a collector street will provide community -wide benefit as an east -west route. As such, Curve Crest is viewed as a capital improvement of the City and not a direct development cost to the site. The cost of the Curve Crest extension may have significant implications on the overall economic feasibility of future development. A viable financial plan for major roadway improvement costs will need to be developed working collaboratively with the City on available funding tools such as bonding, transportation and utility funds, TIF, tax abatement and grant sources. Access to public utilities (water, sanitary sewer, storm) appear to be within reasonable proximity to the site. Overall cost and upgrade considerations to the system to accommodate this development will be further evaluated. Again, working collaboratively with the City, a viable financial plan will need to be developed using available funding tools such as bonding, transportation and utility funds, TIF, tax abatement and grant sources. • On Site Improvements — It is Lakeview's vision to incorporate pedestrian connectivity, landscape and greenspace features and elements that will create a truly unique experience. These features and elements require both contribution of private land and cost of construction and maintenance considerations. The potential to incorporate these features will depend greatly on a collaborative partnership with the City to find methods to incorporate these elements into the site plan. An example is the delivery of a public square/commons and promenade connecting the commercial phase to the hospital and health campus phase. Another example is the provision of parking solutions (e.g. structured parking) that provide the ability to create greater densities and compact development, but often exceed the cost for the market to bear its delivery, particularly in a suburban setting. These issues will be further evaluated in the context of the plan components and overall economic feasibility. Project Narrative Page 4 of 6 • Off-site Improvements — We expect there will be area improvements in the vicinity of the site. These improvements may include roadway or right-of-way improvements (Manning, Curve Crest, 60th or 62nd Streets), traffic signalization, utility work, area wide improvements and other activities associated with the Hwy. 36/Manning interchange and/or Curve Crest extension. It will be critical to identify and quantify these potential projects and to clearly understand the implication of these endeavors on the development. These types of projects need to be identified early to avoid cost feasibility and operational constraints on the overall master development plan. Adjustments to the master plan, use type and mix and/or scope of infrastructure improvements may be made as development planning continues in order to achieve economic viability and appropriate response to market conditions. 4. COMPREHENSIVE PLAN AND ZONING ANALYSIS Comprehensive Plan Topi _ Descriptio Considerations under the Comprehensive Plan Zoning Current zoning is A -P (Agricultural Preservation) New Zoning District allowable uses to include: Institutional (Hospital), Laboratory (Medical Lab), Retail, Restaurant, Commercial, Medical and General Office, Senior and Market Housing, Wellness/ Fitness/Athletics Parks and Trails Parks and Trails Development Provide Connectivity between Manning Ave, Bergman Park to Long Lake Open Space Trails Water Resources — Wetlands — Brown's Creek Watershed District Recognize the Managed 2 and 3 Type Wetlands Organize/Maintain/Manage the Current On -Site Wetlands and Waterways Traffic Continuation of Curve Crest Boulevard Connection to Manning Ave Consider Location and Geometry of Curve Crest Blvd to Enhance Site Development Zoning Code Topic Description Considerations under a new zoning district Lot Area Establish Lot Area Requirements To be determined based on use type and mix Building Height Building Height (excluding Penthouse) Maximum Building Height of 75' (excluding Penthouse) or 5 Stories Setbacks Establish setbacks for front, side and rear yards Setbacks to be determined based on lot and building dimensions Landscaped/Open Area Landscape and Open Space To be determined by performance objectives Park and Trails Dedication for Parks, Trails and Open Space To be determined by performance objectives Project Narrative Page 5 of 6 5. LOCAL IMPACT AND PARTNERSHIPS With its origins in Stillwater dating back to 1878, Lakeview Hospital and HealthPartners' share a mission to improve health and well-being in partnership with our members, patients and community. With over 1,200 employees in the Lakeview/Stillwater Medical Group/HealthPartners system working in the Stillwater area, employment will continue to grow with Lakeview's presence in the region. This employment base has a significant day-to-day impact on the local Stillwater economy. In addition to employment, Lakeview and affiliates' local property tax impact presently exceeds $700,000 annually, providing direct financial benefit to the City, County, School District. With future growth and vision for the Lakeview Hospital and Health Campus, this impact will significantly multiply with new commercial investment and healthcare and community services at this location. In addition to the significant number of jobs, tax base and economic impact of our operations in Stillwater, the organization supports numerous community initiatives and organizations with employee volunteers, grants and partnerships. The Lakeview Hospital Foundation provides financial support to local organizations and efforts including the American Diabetes Association, Canvas Health, Community Thread, FamilyMeans, Our Community Kitchen, Portico Healthnet, Project T ife, grief and care support through St. Croix Chaplaincy, Tree House, Valley Outreach, Youth Advantage, Youth Service Bureau and YoungLife, to name a few. Some of Lakeview's community partnerships include: The Community Health Action Team (CHAT) focusing on mental health access and stigma reduction and the Make it OK campaign; PowerUp, a community -wide health initiative that inspires and engages the entire community to promote better eating and active lives so youth can reach their full potential; and sponsorship and coordination of hundreds of community benefit classes, events and support groups each year. We are excited about the future vision of the Lakeview Hospital and Health Campus and the continued impact that Lakeview Hospital and its partners will have in the Stillwater community and region for decades to come. Project Narrative Page 6 of 6 7r Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Lakeview Hospital Ekalilinartnerh FRAUENSHUH COMMERCIAL REAL ESTATE 13W B1R July 21, 2017 62nd Stre;e I <— Service Future Development Complementary Health, Wellness and/or Commercial +/- 14 Acres Hospital Lower Level Below Ambulance Future 1 MOB 1 amp Entry \ Future Expansion L ---J Curve Crest B I v Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Lakeview Hospital FRAUENSHUH Jr COLINERGI AL REAL. ESTATE Eii aIT]i1'arcners BIW BR July 21, 2017 Future Development Complementary Health, Wellness and/or Commercial +/- 14 Acres Highway 5 and Prairie Center Drive Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Lakeview Hospital Ekalilinartnerh FRAUENSHUH B W B fr COMMERCIAL REAL ESTATE July21,2017 .Aamodt's Apple Orchard Potential Trails Curve Crest Blvd Trails Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarrntrz Lakeview Hospital FRAU ENS HUH + COMMERCIAL REAL ESTATE C B1R July 21, 2017 —_I� i UriT =l/ e\'>'/iii Aerial View looking Northwest at Highway 36 Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarcntrz Lakeview Hospital FRU ENS HUH Jc A COMMERCIAL REAL ESTATE BW BIR July 21, 2017 Aerial View looking Northeast at Highway 36 Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarcntrz Lakeview Hospital FRU ENS HUH Jc A COMMERCIAL REAL ESTATE BW BIR July 21, 2017 Aerial View looking Southeast at 62nd Street Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarcntrz Lakeview Hospital FRAUENSHUH COMMERCIALJr REAL. ESTATE B W B1R July 21, 2017 Aerial View looking Northeast Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarcntrz Lakeview Hospital FRAUENSHUH COMMERCIALJr REAL ESTATE W B1R July 21, 2017 Aerial View looking Southwest Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarcntrz Lakeview Hospital FRU ENS HUH Jc A COMMERCIAL REAL ESTATE BW BIR July 21, 2017 View at 36 looking east View at 36 looking west Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Ei'SIT]i11. iIECT ' Lakeview Hospital FRAUENSHUH COAINEIIGI AL REAL. ESTATE W B1R July 21, 2017 Hospital Senior Housing 62nd Street east at Timber Way Hospital 62nd Street and Legend Blvd looking south Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus Hcalilinarcntrz 62nd Street east of Timber Way Lakeview Hospital FRAUEN5H[UH COAINERGI AL REAL. ESTATE B W B1R July 21, 2017 ousing Grocery Senior Housing Service P 140 entral green Promenade Retail/ Communit - - Centor Future Hospital Expansion • • Lower Level Below Hospital Ambulance Helipad Reta i l Retail Campus Entry Future Expansion verpass ase see aft Health & Wellness Village Master Planning Concept Preliminary Concept Master Plan Lakeview Promenade & Lakeview Hospital and Health Campus EiialT1111. irnCTS ' Lakeview Hospital FRAUENSHUH Jr C 0 101 1 Y E R G I AL REAL. ESTATE BIW July 21, 2017 Bill Turnblad From: Bill Torgerud <btorgerud@gmail.com> Sent: Wednesday, August 02, 2017 1:36 PM To: Bill Turnblad Subject: Case number CPC/2017-36 Bill Please enter the following in the review materials. No access from or to the project from 62nd. street. Request that a sound barrier be constructed along 62nd street. Trees and bushes will not due . Thank you. Bill Torgerud 1173 Bergmann Drive Stillwater Mn .55082 Aug. 6, 2017 1230 McDougal Green Stillwater, MN 55082 612-978-2849 rlentz@me.com To Whom It May Concern: Thank you for the opportunity to comment on the proposed Preliminary Concept Master Plan for the future Lakeview Hospital and Health Campus. I live in Legends of Stillwater, which is directly adjacent to the property that will be developed. I have followed the plans with great interest for two main reasons: 1. Increased traffic and adverse impact to my neighborhood and 2. Potential adverse impact to the bald eagles that nest in the trees behind the homes on McDougal Green Increased traffic and adverse impact to neighborhood It was inevitable that the parcel of land owned by Bergmann's on the corner of Highway 36 and Manning Avenue would be developed. I am NOT opposed to the construction of the hospital and affiliated health services buildings on that property. That said, there are safety considerations that need to be made to protect the safety of the children living in the Legends neighborhood. I urge the city to close 62nd Street immediately after Timber Way, making 62nd Street a dead end at Timber Way. Closing the street immediately after the entrance to Timber Way would accomplish several things: 1. Eliminate the use of 62nd to Legends Blvd and our neighborhood as through street for those working at and visiting the hospital. 2. Eliminate the speeding of drivers down the hill of 62nd Street. People drive down that hill at 30-40 mph, and it is a favorite thoroughfare for younger drivers looking to bypass Manning and speed along in their cars. I invite you to sit along 62nd at any time of day and watch the cars barrel down the hill and screech around the corner onto Legends Blvd. 3. Eliminate the loitering at the entrance to the park on 62nd Street. 1. I exchanged emails with the Mayor about this situation in spring 2016 (PDF of email attached (Request to address city council 4.21.16)). 2. Though my neighbors and I appreciate the efforts of the police and the city, the entrance to the park continues to serve as a favorite hang out and depository for empty liquor bottles, used pregnancy tests and all manner of trash. 3. Closing 62nd Street at Timber Way and making it a dead end with no parking at the dead end would eliminate the loitering in a rather secluded area. 4. Create an additional green space, one that could easily be highlighted as part of the city's conservation and preservation efforts. Legends already has two additional entrances to/from the development, and there remains the roughed -in -but -never -completed road along Manning into Legends that could be completed. There is neither a traffic flow nor safety need for 62nd Street to remain open past Timber Way. Potential adverse impact to the bald eagles A pair of bald eagles makes its home in a nest in the trees behind McDougal Green. Eagles and their habitat are protected by The Bald and Golden Eagle Act 50 CFR SS 22.26 (specifically related to the unintentional/indirect impact to bald eagles). I have attached a PDF of an email I received from the U.S. Fish and Wildlife Service via Rep. Betty McCollum's office (USWFS Response to your Eagle's Nests Concerns 4.24.17). I urge the city and hospital/HealthPartners officials to contact the U.S. Fish and Wildlife Service for a study and guidance on how to avoid unintentional adverse impact to the bald eagles. Photos of the nesting eagles are also attached for your reference. Thank you for your time. Respectfully submitted, Rebecca Lentz 1230 McDougal Green Stillwater, MN 55082 [1] U.S. Fish and Wildlife "Permit for Non -Purposeful Take of Eagles." 4/25/2017 iCloud Mail BE C ins F=o m L RI) pais Dear Rebecca, Our sincerely apology for taking so long to get back to you regarding your email inquiry on Bald Eagle's nest concerns. Per your letter dated February 14th expressing concerns the Bald Eagle's nest, please see below for a response from the U.S. Fish & Wildlife Service for your information. Hope this information is helpful to you. Thank you for taking time to bring this matter to our attention. Best regards, Chao R. Lee Senior District Office Representative Office of Congresswoman Betty McCollum (MN -04) 165 Western Avenue North, Suite 17 Saint Paul, Minnesota 55102 Phone: (651) 224-9191 Fax: (651) 224-3056 Email: chao.lee@mail.house.gov *Please note:coir i:Fi't bittec tivEM y2,017 &61 El3X10 Stili $511114 Obi th From: Peterson, Garrett Sent: Monday, April 24, 2017 3:33 PM To: Lee, Chao Subject: Re: Congressional inquiry Chao, I chatted with our migratory bird staff for guidance on the issue. If a proposed development is within 660 feet of an eagle nest, we encourage developers to talk to our eagle biologists to determine if the proposal will have negative impacts on the eagles. If we think it might disturb nearby eagles, then we would encourage the developer to take voluntary steps to minimize their potential impact on the eagles or we would encourage them to apply for a permit to legally allow them to disturb the eagles. This is all voluntary. [Here's an online flowchart to help developers and individuals determine if they need to apply for a permit: I;I tps www.fvvs govOi . lit ids Ot p fhtm ] The Bald and Golden Eagle Protection Act (BGEPA) does not give us the power to require developers to mitigate their impacts on eagles, and we can't stop development because of possible impacts on bald eagles. We can only take law enforcement action after there has been "take" of an eagle (the BGEPA defines "take" as to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb). https://www. i cl oud.com /m essage/current/en-us/index. htm I#vi ew?gui d=message%3AI N BOX%2F57194 1/2 4/25/2017 iCloud Mail Most developers willingly work with us because they want to be considerate of eagles nearby. For projects in Minnesota, our eagle biologist is Mags Rheude. She works with Minnesota developers regularly. She can be contacted at margaret_rheude©fws.gov or 952-252-0092 (ext 202). Chao, please let me know if you need anything else at all! -Garrett Garrett Peterson Intergovernmental Liaison U.S. Fish and Wildlife Service, Midwest Region https://www. i cl oud.com/message/currentlen-us/index. htm I#vi ew?gui d=message%3AI N BOX%2F57194 2/2 September 1, 2017 CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN CITY OF STILLWATER, MINNESOTA MIDNIGHT AL ESTATE, LLC A MINNESOTA L TED L ILITY COMPANY This document was drafted by: David T. Magnuson Magnuson Law Firm 324 Main Street South, #260 Stillwater, MN 55082-5165 651/439-9464 TABLE OF CONTENTS Section 1.1. Definitions 2 Section 2.1. Representations by the City. 4 Section 2.2. Representations and Warranties by the Redeveloper 5 Section 3.1. Conditions Precedent to City Actions. 6 Section 3.2. Limitation on City Financial Obligations. 7 Section 3.3. The City Responsibility. 7 Section 3.4. Redeveloper's Responsibility. 8 Section 4.1. Construction of Minimum Improvements. 9 Section 4.2. Construction Plans, Changes. 10 Section 4.3. Commencement and Completion of Construction 10 Section 4.4. Certificate of Completion. 11 Section 4.5. Indemnity 11 Section 5.1. Insurance. 11 Section 6.1. Real Property Taxes. 13 Section 7.1. Financing 14 Section 7.2. Limitation Upon Encumbrance of Property 14 Section 8.1. Representation as to Redevelopment. 14 Section 9.1. Events of Default Defined. 15 Section 9.2. Remedies on Default. 16 Section 9.3. No Remedy Exclusive 17 Section 9.4. No Additional Waiver Implied by One Waiver. 17 Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 17 Section 10.2. Equal Employment Opportunity. 18 Section 10.3. Titles of Articles and Sections. 18 Section 10.4. Notices and Demands. 18 Section 10.5. Counterparts 18 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Redeveloper Minimum Improvements Assessment Agreement Certificate of Completion Parking Facility Purchase Agreement -1- CONT CT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, (the "Redevelopment Contract") effective the day of , 20 between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and MIDNIGHT REAL ESTATE (the "Redeveloper"), a Minnesota limited liability company, having its principal office at 314 1St Avenue North, Suite 300, Minneapolis, Minnesota 95401. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and AATHPR P A Q to the 1\4-nirinal nevelf,pment Tlistrirt Art Minnacnta Ctatii+ Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has adopted a development program (the "Program") pursuant to the Municipal Development District Act; and has established a development district (the "Development District") pursuant to the Municipal Development District Act; and has established Tax Increment Financing District No. 12 (the "Financing District") and adopted a Tax Increment Financing Plan (the "Plan") also pursuant to Minn. Stat. §469.174 through §469.179 of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District were to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, the City believes that the development and redevelopment of the Development District and the Financing District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program and the tax increment financing plan is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means collectively the Municipal Development District Act, Minn. Stat. §469.124 et seq., as amended, and Minn Stat. §469.174 through §469.179. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.3. "Assessment Agreement" means an agreement made pursuant to Minn Stat. §469.177, Subd. 8, a copy of which is attached as Exhibit B. 1.1.4. "Available Tax Increments" means those tax increments actually received in the six months preceding each date of payment of the balance of the Tax Increment described in Section 0 B. from the Redevelopment Property. 1.1.5. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit C attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.6. "City" means the City of Stillwater, Minnesota. 1.1.7. City Pre CIC Parcel means Lots 1 and 2, Block 18 and the original Town, now City, according to the perfected plat, Washington County, Minnesota. 1.1.8. Redeveloper Pre CIC Parcel means Lots 3 and 4, Block 18 of the original Town, now City, according to the perfected plat, Washington County, Minnesota. 1.1.9. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City; and (b) must include at least the following: (i) site plan; (ii) foundation plan; (iii) floor plan for each floor; (iv) elevations (one side); (v) facade and landscape plan; and (vi) such other plans or supplements to the foregoing plans as the City may reasonably request.] supplements v v I -2 1.1.10. "County" means the County of Washington, Minnesota. 1.1.11. "Development District" means Municipal Development District No. 1 created by the City. 1.1.12. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.13. "Holder" means the grantee under any Mortgage. 1.1.14. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans, a general description is attached hereto as Exhibit A. 1.1.15. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. §116D.01 et seq., as amended. 1.1.16. "Minnesota Environmental Rights Act" means the statutes located at Minn. Stat. §116B.01 et seq., as amended. 1.1.17. "National Environmental Policy Act" means the federal law located at 42 U.S.C. 4331 et seq., as amended. 1.1.18. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article 5 of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.19. "Parking Facility" means a two-level parking structure described in Exhibit D, pages 1 and 2. 1.1.20. "Permitted Encumbrances" means the encumbrances described in Section 7.2 of this Agreement. 1.1.21. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.22. "Project" means the construction of the Minimum Improvements on the Redevelopment Property and the construction of the Public Improvements by the Redeveloper. 1.1.23. "Public Improvements" means any public improvements to be constructed by the Redeveloper. 1.1.24. "Redeveloper" means Midnight Real Estate, LLC, a Minnesota limited liability company, or an assignee permitted by Section 8.1.1 of this Agreement. 1.1.25. "Redevelopment Property" means the property described in Schedule A of the assessment agreement. 1.1.26. "State" means the State of Minnesota. 1.1.27. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays, shortage of materials, war, terroristic acts, acts of God, or any other cause beyond the reasonable control of Redeveloper. ARTICLE 2 Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of Minn. Stat. §469.124 — 469.134, known as the City Development District Act. 2.1.3. The City has created Tax Increment District No. 12, a Redevelopment District and has presented the District to the Washington County Auditor for certification of the original net tax capacity prior to July 1, 2017, and has elected that fiscal disparity payments will not be the obligation of the District. 2.1.4. The City has adopted a Business Subsidy Policy as required by Minn. Stat. §116J.993, et seq., however, the assistance provided pursuant to this Agreement is not a business subsidy pursuant to Minn. Stat. §116J.993, subd. 3(7) and (17). 2.1.5. As of the date of execution of this Agreement, the City has roncicro,l nn notice or communication from any local, state yr federal lido 1vVvl Y.44 11V 11VtJ./.. Vl V♦ i111111U111VU.tlilll 11V111 {111,' VVµl, state official that the activities of the Redeveloper or City in the Financing District may be or will be in violation of any environmental law or 4 regulation. As of the date of execution of this Agreement, the City is aware of no facts, the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.1.6. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of statute, home rule charter, ordinance, any evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. This will not warrant the conduct of tenants that might occupy the Minimum Improvements under a lease or operating agreement. 2.2.2. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the teims and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any eviderl f indebtedness, t nr instrument of hn+odor nofilrc. to nces v1 U ,11 ee111e11L 111 11101.1!.1111\+11{ of VV111ULV V /l 11ULLLIV to, which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 5 2.2.4. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements; except for claims caused by the negligence of the City or its contractors or assigns. ARTICLE 3 City and Redeveloper Responsibility Section 3.1. Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to provide Tax Increment Assistance unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by December 1, 2017. 3.1.1. The Redeveloper has funded mortgage financing or owner's equity in at least the amount sufficient to fund the construction of the Minimum Improvements. 3.1.2. The Redeveloper has submitted to the City that executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.1.3. The Redeveloper has received a design permitting special, conditional or planned development permit for the Private Improvements and building permit as required by Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, and the City Council, and the design of the infrastructure and privately constructed utilities have been approved by the City. The City will process any application filed by the Redeveloper expeditiously and in good faith. When lawfully allowed to do so, the City will assist the Redeveloper in obtaining necessary permits from other government agencies. 3.1.4. The Redeveloper executes and delivers to the City the Assessment Agreement attached to this Agreement as Exhibit B. 3.1.5. Agreement in writing is reached between the City and Redeveloper on the nature and extent of Public Parking Use (Parking Use Agreement) on the Second level of the Parking Structure. 6 Section 3.2. Limitation on City Financial Obligations. 3.2.1. In no event will the City be obligated to expend any more funds than expressly described in this agreement. 3.2.2. In the event that the Redeveloper has not satisfied all conditions by December 1, 2017, subject to an extension for unavoidable delays, or such other date as the parties agree in writing, this will be an Event of Default. Section 3.3. The City Responsibility. 3.3.1. Sale of City Parking Parcel. As of the date hereof and the execution of this Agreement, the City will convey to Redeveloper and Redeveloper will accept the conveyances of the parking parcel, provided that neither the City nor the Developers are then in default under this Agreement. 3.3.2. Time of Conveyances. A. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured) the conveyance to the Redeveloper shall occur: (i) on or before the date the Redeveloper begins the construction of the Parking Improvements; or (ii) on such other date as the City and the Redeveloper mutually agree in writing. B. The Conveyance will be governed by the Purchase Agreement described in: Exhibit D (City Parking Parcel). 3.3.3 Purchase Price. The purchase price to be paid by the City in exchange for the city park Property Deed will be $82,800.00. 3.3.4 Tax Increment Assistance. The City will provide Tax Increment Assistance to reimburse the Redeveloper for a portion of the cost of eligible expenses in the amount of $982,800.00. Payment of the Tax Increment Assistance will be payable as follows: A. Provided that no Event of Default has occurred and be continuing hereunder the Tax Increment Assistance is payable from Available Tax Increments on each February 1 and August 1, commencing August 1, 2019, if the Minimum Improvements are completed by December 31, 2018 or commencing on August 1, 2020, if the Minimum Improvements are completed after December 31, 2019. 7 B. The City agrees to issue at the request of the Redeveloper a PAY GO Tax Increment Note in the amount if the Note can be amortized from Available Tax Increments, at an interest rate of 3.25%. C. The sole source of funds, if any, from which the City is obligated to pay the Tax Increment Assistance is the Available Tax Increments derived from the Redevelopment Property in the six months preceding each date of payment and nothing herein may be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Redeveloper for eligible costs, and in no event shall the City be required to use any of its general funds or other municipal funds for any purpose, including for the purpose of reimbursing the Redeveloper or any of its creditors or assigns. D. The obligation of the City to apply Available Tax Increments to payment of the Tax Increment Assistance terminates on the earlier of: (i) January 2, 2043; (ii) upon the occurrence of an Event of Default hereunder. (iii) Upon completion of the payment of the tax increment described in this section. E. It is the obligation of the Redeveloper or its Mortgage Lender to submit to the City in a timely manner, proof of payment of site improvement expenses in a format approved by the City Treasurer and as required by the Minnesota Tax Increment Financing Act. Section 3.4. Redeveloper's Responsibility. 3.4.1. Minimum Improvements. The Redeveloper will construct the Minimum Improvements according to the Terms set forth in Article 4. 3.4.2. As Built Plan. Within sixty (60) days after completion of construction of the Minimum Improvements, through its contractor or engineer, must prepare and file with the City a full set of "as built" plans, showing the location of connection to municipal utilities. Failure to file the "as built" plans as required by this Section will be grounds for the City to suspend the issuance of certificates of occupancy. 3.4.3. Erosion Control Measures During Construction. The Redeveloper agrees that it will construct erosion control devices in conformance with the approved Construction Plans for the Public and Minimum Improvements. The erosion control plan must protect any ponds, wetlands and the St. Croix River from erosion, pollution and siltation throughout the construction of the Minimum Improvements. Any deficiency or failure of erosion control must be corrected within a reasonable time after written notice_ -8 3.4.4. City Regulations. The Redeveloper acknowledges that the Redevelopment property is regulated by the City and it must comply with the following: A. A National Pollution Discharge Elimination System general storm water permit for construction activity must be obtained by the Redeveloper or its agent, from the MPCA before grading begins. B. The Redeveloper must comply with all conditions of approval imposed by the City in any permit or approval granted by the City during approval of the Project. C. Payment of any fees or charges normally due at the time of issuance of any building permits and payment of any hook—up charges imposed on the Redevelopment Property. 3.4.5. Damage to City, County and State Facilities. During construction of the Minimum Improvements, the Redeveloper will be responsible for any damage caused to any City, County and State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Redeveloper, its contractors, agents or employees and for any repair or clean-up costs or expenses incurred by the City, County and State in taking remedial action. 3.4.6. Final Inspection. At the written request of the Redeveloper and upon completion of the Minimum Improvements, the City Engineer or designee and the Redeveloper's engineer will make a final inspection. When the City Engineer is satisfied that the Minimum Improvements are completed in accordance with the approved plans and specifications, and the Redeveloper's engineer has submitted a written statement attesting to same, the City Engineer or his designee, will recommend that the Minimum Improvements be accepted by the City. Upon the recommendation of the City Engineer, the City will accept the Minimum Improvements. 3.4.7. Replacement. All work and materials performed and furnished by the Redeveloper, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, must be repaired or replaced by Redeveloper at Redeveloper's sole expense to the reasonable satisfaction of the City. ARTICLE 4 Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. 4.1.1. The Redeveloper agrees that it will construct, or cause to be constructed, the Minimum Improvements on the Redevelopment 9 Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans, Changes. 4.2.1. If the Redeveloper desires to make any material change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications and modifications that do not change the exterior of any structures may be approved by the Community Development Director. Other material modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Redeveloper in writing of its approval. Section 4.3. Commencement and Completion of Construction. 4.3.1. The Redeveloper must commence construction of the Minimum Improvements by December 31, 2017, or on the date the parties agree in writing. The Redeveloper must complete this construction by December 31, 2018. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in confoiiiiity with the Construction Plans as submitted by the Redeveloper and approved by the City. The deadline in this section will be extended if unavoidable delays prevent a timely completion. 4.3.2. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements have been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. - 10 - Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with Certificate of Completion for the Minimum Improvements in the form attached as Exhibit C. The certification by the City is a conclusive determination of satisfaction and teimination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof Section 4.5. Indemnity. 4.5.1. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements by Redeveloper, its agents or assigns except for the negligent acts of the City or its contractors or assigns. ARTICLE 5 Insurance Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Builder's Risk Insurance, written on the so-called `Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. B. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used) . On this policy the City must be named as an additional insured as their interests may appear. C. Worker's compensation insurance, with statutory coverage. - 11 - 5.1.2. The policies of insurance required pursuant to clauses A. and B. above must be in form and content reasonably satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause A. above will contain an agreement of the insurer to give not less than thirty (30) days advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.3. All insurance required in Article 5 of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. 5.1.5. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction. To the extent necessary to accomplish the repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. The obligations set forth herein shall terminate with respect to any particular improvements upon issuance of a Certificate of Completion for such improvements. Further, the City will consider favorably a Redeveloper request for an extension of the time limit in this Section pending receipt of insurance proceeds. 5.1.6. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by 1 the City to the Redeveloper upon the receipt of a certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. 5.1.7. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. ARTICLE 6 Real Property Taxes and Assessments D�,N1 D „,®,A4r T.. -, 1‘......,C11 1 1 C r J- 6.1.1. 6.1.1. The Redeveloper and its permitted assigns must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments, if any, payable therewith and thereafter; and, 6.1.2. That prior to the Termination Date, the Redeveloper, its assignees, transferees and successors in title: A. will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Redevelopment Property determined by any tax official to be applicable to the Minimum Improvements or the Redeveloper or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and B. will not seek any tax deferral or abatement, either presently or prospectively authorized under Minn. Stat. §469.181, or any other state or federal law, of the taxation of any real property within the Redevelopment Property between the date of execution of this Agreement and the Termination Date. C. Will not at any time prior to the Termination Date, seek to reduce the market value of the Redevelopment Property below the assessed minimum market value as set forth in the Assessment Agreement. - 13 - ARTICLE 7 Financing Section 7.1. Financing. 7.1.1. The Redeveloper must have submitted prior to commencement of construction of the Minimum Improvements evidence of a commitment for financing or equity infusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. Section 7.2. Limitation Upon Encumbrance of Property. 7.2.1. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or airy- paLt thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except it will not be considered a default if the Redeveloper is diligently pursuing a court order pursuant to Minn. Stat. §514.10 releasing the property from a mechanic's lien. A. for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies); B. operating agreements; and CIC Documents related to the Parking Facility. C. for the purposes of obtaining funds necessary for operating costs; and D. Easement Agreements and related documents required for the operation of the property. ARTICLE 8 Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. 8.1.1. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the - 14 - redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings for the foregoing reason the Redeveloper may not assign this Agreement or any interest therein, or transfer the Redevelopment Property or any part thereof to any person, firm or corporation, without the express written consent of City. The City's + be, ,:+hi-.e1A A. transfer of+i- Agreement consent ivay be, vv1L1UJ ill 1J1 any reason. July uai1 J .,I J1 this .�reeii.vi.� through merger, consolidation or liquidation, or any change in ownership of the shares of voting stock or material change in management position of Redeveloper shall constitute an assignment or this Agreement, and, as such shall require the prior written consent of the City. This provision does not apply nor does it prohibit an assignment of the Redeveloper's interest in this Agreement to an entity that is wholly owned by the current principals of the Redeveloper, nor will this provision prohibit the assignment of the TIF note to third parties. ARTICLE 9 Events of Default Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. - 15 - 9.1.3. Failure by the Redeveloper to satisfy all conditions precedent to City as set forth in Section 3.1 by October 15, 2017, unless waived in writing by the City. 9.1.4. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Section 3.1 of this Agreement. 9.1.5. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any covenant or undertaking of this Agreement. 9.1.6. The Redeveloper makes any changes to the Construction Plans of the Minimum Improvements without approval of the City of any permit or approval required by Section 3.1.3 of this Agreement. 9.1.7. The Redeveloper constructs Minimum Improvements that are materially different from the Minimum Improvements described in the approved Construction Pians, and the changes have not been approved in writing by the City. 9.1.8. The Redeveloper: A. files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; B. makes an assignment for the benefit of its creditors; C. admits in writing its inability to pay its debts generally as they become due; or D. is adjudicated bankrupt or insolvent. 9.19 With regard to non -monetary defaults, an "Event of Default" may not be declared by the city unless the city gives Notice of Default to the Redeveloper together with a 30 day opportunity to Cure the Default. This period may be extended for up to 90 days if the City Administrator finds that the Redeveloper is diligently pursuing a cure. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take any one or more of the following actions: 9.2.1. Suspend its performance under the Agreement. 9.2.2. Teiminate this Agreement and the obligation to pay over the Available Tax Increments to the holder of any Tax Increment Bond. - 16 - 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 9.2.6. Notwithstanding any provision of Section 9.2 or any subpart, the City will continue to pay to the Redeveloper, or any holder of a PAY GO Tax Increment Note, the principal and interest on the Note during any period of default if real estate taxes and installments of special assessments due and payable on the Redevelopment Property are paid before they become delinquent. Section 9.3. No Remedy Exclusive. 9.3.1. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article 9. Section 9.4. No Additional Waiver Implied by One Waiver. 9.4.1. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 10 Additional Provisions Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 1(1.1.1. Nn member, nffeial, rr empinyeP of the city \xnll haYe any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the - 17 - Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity. 10.2.1. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Tides or Articles and Sections. 10.3.1. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. 10.4.1. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. in the case of the Redeveloper, is addressed to or delivered personally to; Anne Loff, 314, 1St Avenue North, Suite 300, Minneapolis, MN 55401; and B. in the case of the City, is addressed to or delivered personally to: City Administrator, 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.5. Counterparts. 10.5.1. This Agreement may be executed in any number of counterparts, each of which will constitute one and the same instrument. Section 10.6 Termination Date. 10.6.1 This Agreement terminate ,µpnn the fret of the ft-Allem/41g eyantc to nnriir; 1) the decertification of the Tax Increment District; 2) the payment in full of any Tax Increment due the Redeveloper; 3) any uncured Default as defined in this Agreement. - 18 - IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF STILLWATER By Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk MIDNIGHT REAL ESTATE, 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 duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILLWATER, Minnesota, a Minnesota municipal corporation. Notary Public -19- STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2017, by , the , duly authorized agent for the Redeveloper, MIDNIGHT REAL ESTATE, LLC, a Minnesota limited liability company. Notary Public Z:WILF_Files\City\TIF Dist. # 12\Midnight Real Estate - Contract Redevelopment - sept 1 revising july 28.doc -20- EXHIBIT A MINIMUM IMPROVEMENTS The Redeveloper will demolish the existing office building (formerly Associated Eye Care Clinic) and construct a 64 Unit Hotel with a street level restaurant with outdoor eating area. Further, the Redeveloper will construct a Parking Facility with the second level accessed from Second Street that will contain 52 parking spaces on the second level and 49 spaces on the lower level. Z:\MLF Files\City\TIE Dist. #12 \EXHIBIT A to contract for priv redev midnight 9012017.docx IBIT B ASSESSMENT AG EMENT AND ASSESSOR'S CERTIFICATE BETWEEN CITY OF STILLWATER, NESOTA AND MIDNIGHT REAL ESTATE A MINNESOTA LIMITED LIABILITY COMPANY AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2017, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), and Midnight Real Estate (the "Owners"), and the County Assessor of the County of Washington (the "Assessor"), LLC. WITNESSETH, that WHEREAS, on or before the date hereof, the City and the Owner, entered into a Contract for Private Redevelopment ("Redevelopment Contract") for the real property located in the City of Stillwater hereinafter referred to as the "Project" and legally described as on Schedule A, Washington County, Minnesota; and WHEREAS, the City and Redeveloper to established a minimum market value for Redevelopment Property and the Minimum Improvements constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the plans for the Minimum Improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2019, the minimum market value of the Property Project shall be not less than Nine Million One Hundred Thousand and no/100 Dollars ($9,100,000.00). The parties expect that construction of Minimum Improvements will be substantially completed by December 31, 2018. 2. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered such supplements hereto and such _further instruments as may be reasonably required for correcting any inadequate or incorrect description of the project or for carrying out the expressed intention of this Agreement. 3. The minimum market value shall be of no further force and effect and this Agreement shall terminate on the earlier of (i)the date on which the up -front increment, as described in Section 3.2.2.A of the Agreement, has been reimbursed to the City; or ii) the Redevelopment Contract either expires or terminates, and in no event shall this Agreement have any force or effect after December 31, 2044. 4. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota. Statutes, Section 469,177, Subdivision 8, set forth in Schedule A hereto. 5. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF STILLWATER RN, Ted Kozlowski, Its Mayor By Diane F. Ward, Its 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 duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public -2- Midnight Real Estate, LLC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2017, by Midnight Real Estate, LLC, a Minnesota limited liability company. Drafted by: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082-5165 651-439-9464 (phone) Notary Public -3- SCHEDULE A TO ASSESSMENT AGREEMENT LEGAL_, DESt R [ PTION: 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 UNE OF SMD 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 WES I LRLY UNE 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 NORTH WES I ERLY 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 UNE 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 WES 1 ERLY 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 UNE 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 UNE OF SAID LOT 6 FOR 50.0 FEET TO THE EASTERLY UNE OF SAID LOT 6; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF LOT 6 FOR 1.56 FEET, MORE OR LESS, TO I I S 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 WES I ERLY LINE OF LOT 6, FROM THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE EASTERLY AND PARALLEL WITH SAID NORTHERLY UNE OF MYRTLE ST. FOR 66.0 FEET TO A POINT 84.0 FEET WESTERLY OF THE WESTERLY UNE OF MAIN ST, AS MEASURED ALONG SAID UNE PARALLEL WITH NORTHERLY LINE OF MYRTLE SE; THENCE NORTHERLY AND PARALLEL WITH SAID WES 1 LRLY 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 WES I 1 RLY LINE MAIN ST.; THENCE NORTHERLY ALONG SAID WES 1 ERLY 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 UNE 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 LOT2 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 S I ILLWATER, WASHINGTON COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERS I ERLY CORNER OF LOT 2, BLOCK 18, ORIGINAL TOWN OF STILLWATER AS SURVEYED AND PLATTED, THENCE WES 1 ERLY 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 1-tt 1; THENCE WESTERLY AND PARA! I FL WITH SAID NORTHERLY LINE OF SAID LOT 2 FOR 100 FEET TO SAID WES 1 ERLY 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 UNE 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 SUBDMSIONCD 2695 SUBDMSIONNAME STILLWATER BLOCK 18 LOT 5 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 6 SUBDMSIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 8 SUBDMSIONCD 2695 SUBDIVISIONNAME STILLWATER BLOCK 18 LOT 2 SUBDIVISIONCD 2695 SUBDIVISIONNAME STILLWATER SCHEDULE B TO ASSESSMENT AGREEMENT CERTIFICATION BY COUNTY ASSESSOR The i ndersigned having reviewed the improvements to constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of property in Washington County, Minnesota, hereby certifies that the market value assigned to the land and improvements are reasonable, with regard to the property legally described in Schedule A. County Assessor, Washington County STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2017, by the County Assessor of the County of Washington. Notary Public -5- SCHEDULE C TO ASSESSMENT AGREEMENT CONSENT TO ASSESSMENT AGREEMENT BY MORTGAGE HOLDER (the "Lender"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Redevelopment Property at a foreclosure sale or acquires the Redevelopment Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Redeveloper, it and its respective successor and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Redevelopment Property shall be maintained throughout the term of the Assessment Agreement. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf of this day of , 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was , 2017, by LENDER: By Its acknowledged before me this day of , the of on behalf of the Lender. Notary Public EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment ("Contract") with Midnight Real Estate, LLC, a Minnesota limited liability company (the "Redeveloper"), 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 Redevelopment of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the "Property"), NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Redeveloper has been completed in accordance with the Contract, all lawful Codes, Laws, Rules and Ordinances now in effect Dated this day of , 2017. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk The foregoing instrument was acknowledged before me this day of 2017, by Ted Kozlowski, Mayor, and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public \\darrowldata\MLF_Files\City\Development\Re-Development Agmt - Midnight Real Estate - First Draft 3-2017\CERTIFICATE OF COMPLETION Exhibit C - Midnight Real Estate - 3-2017.doc 9-41 7 55 4 to r - M < I M i r . , NORTH SCONI:t STREET rt , •-• .• , • .., (f) EXHIBIT D Parking Facility Page 1/2 0 e 23'; •4 -• - • _ - • - - : 1\3 cD 11111111101111111r 1001111110101011 NE 0 0 ZZ LO 00 --I X 0 Parking Facility Page 2/2 t � - NORTH SECOND STREET -O O IIIIIIllhlI011hIOhII n 0 Z Z a O 730 z m E IBIT E PURCHASE AGREEMENT This Agreement is made as of day of , 2017, between Midnight Real Estate LLC, a Minnesota Limited Liability Company ("Buyer") and the CITY OF STILLWATER, a Minnesota municipal corporation ("Seller"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, property legally described on the attached Exhibit "A". 2. Purchase Price and Manner of Payment. The purchase price to be paid for the Property is Eighty -Two thousand Eight Hundred and no/I00ths Dollars ($82,800.00) (the "Purchase Price"). 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following which must occur on or before the dates herein set forth: (a) Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true now and on the date of Closing as if made on the date of Closing as defined in Section 4 below, except that Seller makes no warranty of title regarding any easement interest described in Documents 327317 and 664543 on file with the County Recorder. Buyer accepts title subject to any encumbrance created by these instruments that were recorded by mistake. (b) Title. Title must have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (c) Access and Inspection. Seller must have allowed Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing. Buyer must pay all costs and expenses of any investigation and testing, must restore the Property, and must hold Seller and the Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer must have been satisfied with the results of all tests and investigations performed by it. (d) Survey. Buyer waives any request that the Seller provides a survey. (e) Seller is not in default of a Development Agreement made between the parties and others on the day of September, 2017. (1) Contingency Periods. If any contingency listed above has not been satisfied within its respective contingency period as indicated above, then this Agreement may be terminated by written notice from Buyer to Seller. Upon termination of this Agreement pursuant hereto, all Earnest Money shall be refunded to Buyer. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") will occur on a business day no later than thirty (30) days after satisfaction of all contingencies set forth in Section 3 Contingencies. Seller agrees to deliver possession of the Property to Buyer at the Closing. (a) Seller's Closing Documents. On the date of Closing, Seller will execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"): (i) Deed. A Limited Warranty Deed conveying the Property to Buyer. (ii) Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn Stat §1031 or, if there are "Wells", a Well Certificate in the form required by law. (iii) Other Documents/Payments. All other documents reasonably necessary to transfer the Property to Buyer. (iv) Buyer's Obligation. On the date of Closing, Buyer will deliver to Seller funds representing the Purchase Price. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding the Agreement. (a) Title Insurance and Closing Fee. Seller will pay all costs of the Title Commitment. Buyer will pay all costs and premiums for an owner's Title Policy, if any, and any fees or charges imposed by any closing agent or company. (b) Deed Tax. Seller will pay all state deed tax payable in connection with this transaction. (c) Real Estate Taxes and Special Assessments. Real Estate Taxes, if any, payable in the year in which Closing occurs will be prorated based upon the date of Closing. Special Assessments, whether pending or levied, must be paid by the Seller at Closing. 6. Title Examination. Title Examination will be conducted as follows: (a) Seller's Title Evidence. Seller must, within thirty (30) days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for ALTA Form B 1970 Owner's Policy of Title Insurance insuring title to the Property subject to standard exceptions in the amount of the Purchase Price. (b) Buyer's Objections. Within 30 days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents of the Title Commitment. Buyer's failure to make Objections within such time period will -2 constitute waiver of Objections. Any matter shown on the Title Commitment and not objected to by Buyer will be a permitted encumbrance hereunder. Seller will have 100 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. If the Objections are not cured within the 100 day period, Buyer's only remedies will be the following: (i) Terminate this Agreement and receive a refund of all Earnest Money and accrued interest thereon; or (ii) Waive the objections and proceed to Closing. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the date of Closing, Seller will operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance. Seller will execute no contracts, leases or other agreements regarding the Property that are not terminable on or before the date of Closing without the prior written consent of Buyer, which consent may be withheld by Buyer at its sold discretion. 8. Operations after the Closing. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Environmental Issues. Neither Seller nor any agent acting on behalf of Seller has made any representations or warranty concerning any environmental or physical aspect of the Property, and the Buyer is relying solely upon its own inspection, investigation and review. 10. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any fees or commissions incurred by the other party, including attorney's fees. 11. Survival. All of the terms of this Agreement and warranties and representations herein contained will survive and be enforceable after the Closing. 12. Notices. Any notice required or permitted will be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, Property addressed as follows: 3 If to Seller: City of Stillwater Attn: Tom McCarthy 216 North 4th Street Stillwater, MN 55082 If to Buyer: Midnight Real Estate Group, LLC Notices will be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of the change. 13. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience nnly, ,are not n part f thin Agreement d 4 to be considered r liiviivv ViuJ, L41V 11\lL LL pal{. V1 L1110 Agreement, and are not to be 1A1110YU\+i VU 1[L interpreting this Agreement. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terms will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 14. Remedies. If Seller default in their obligations with respect to title in Section 6, then Buyer's sole remedy will be return of the Earnest Money and accrued interest thereon. If Seller defaults in any other obligations under this Agreement, Buyer may terminate this Agreement and recover its Earnest Money from Seller, or bring an action in the District Court of Washington County, Minnesota, for specific perfouuance of the Agreement. IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date first written above. (SEAL) -4 SELLER: CITY OF STILLWATER By Ted Kozlowski, Its Mayor and Diane F. Ward, Its City Clerk BUYER: MIDNIGHT REAL ESTATE GROUP, LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) (In this flay fV1-L1, 2017, before m1, U NooCnL.l JPublic -within U3.1U 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 , , of Midnight Real Estate Group, LLC, a Minnesota Limited Liability Company, who, being duly sworn, did say that he is the Developer named in the foregoing instrument and that this instrument was signed as the free act and deed of the Developer. Notary Public \\darrow\data\MLF_Files\City\TIF Dist. #12\Exhibit E Purchase Agreement.doc 5 EXHIBIT A Parcel 1: Lot 1 and the North 10 feet of the West 100 feet of Lot 2, Block 18, Original Town (now City) of Stillwater, together with all hereditaments and appurtenances belonging thereto, Washington County, Minnesota. Abstract Property Parcel 2: AH that part of Lot Two (2), Block Eighteen (18), of the Original Town (now City) of Stillwater, as amended by Myron Shepard's Perfected Plat of the City of Stillwater dated May 21, 1878, Washington County, Minnesota, described as follows: Beginning at the Northeasterly corner of Lot Two (2), Block Eighteen (18), Original Town of Stillwater as surveyed and platted; thence Westerly along the Northerly line of Lot Two (2) for 50 feet; thence Southerly and parallel with the Westerly line of said Lot Two (2) for 10 feet; thence Westerly and parallel with said Northerly line of said Lot Two (2) for 100 feet to said Westerly line of said Lot Two (2); thence Southerly along said Westerly line of said Lot Two (2) for 40 feet to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Lot Two (2) to the Southeasterly corner thereof; thence Northerly along the Easterly line of said Lot Two (2) to the point of beginning. Washington County, Minnesota Torrens Property September 1, 2017 CONTCT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY OF STILLWATER, MINNESOTA AND ST. CROIX PRESERVATION CO, INC. A MINNESOTA CORPO '` TION This document was drafted by: David T. Magnuson Magnuson Law Firm 324 Main Street South, #260 Stillwater, MN 55082-5165 651/439-9464 TABLE OF CONTENTS Section 1.1. Definitions 2 Section 2.1. Representations by the City. 4 Section 2.2. Representations and Warranties by the Redeveloper 5 Section 3.1. Conditions Precedent to City Actions. 5 Section 3.2. Limitation on City Financial Obligations. 6 Section 3.3. The City's Promises and Covenants that will Survive the Closing. 6 Section 3.4. Redeveloper's Responsibility. 7 Section 4.1. Construction of Minimum Improvements. 8 Section 4.2. Construction Plans, Changes. 8 Section 4.3. Commencement and Completion of Construction 9 Section 4.4. Certificate of Completion. 9 Section 4.5. Indemnity 9 Section 5.1. insurance. 10 Section 6.1. Real Property Taxes. 12 Section 7.1. Financing 12 Section 7.2. Limitation Upon Encumbrance of Property 13 Section 8.1. Representation as to Redevelopment. 13 Section 9.1. Events of Default Defined. 14 Section 9.2. Remedies on Default. 15 Section 9.3. No Remedy Exclusive 15 Section 9.4. No Additional Waiver Implied by One Waiver. 16 Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 16 Section 10.2. Equal Employment Opportunity. 16 Section 10.3. Titles of Articles and Sections. 16 Section 10.4. Notices and Demands. 16 Section 10.5. Counterparts. 17 Exhibit A Exhibit B Exhibit C Redeveloper Minimum Improvements Assessment Agreement Certificate of Completion -i- CONTCT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, (the "Redevelopment Contract") effective the day of , 2017 between THE CITY OF STILLWATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and ST. CROIX PRESERVATION CO, INC. (the "Redeveloper"), a Minnesota Corporation, having its principal office at 101 Water Street Stillwater, Minnesota 55082. WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and 1Ii1iPPaJSC, piLi-Ls -nt to the Municipal nveveloYment district 1Aact, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has adopted a development program (the "Program") pursuant to the Municipal Development District Act; and has established a development district (the "Development District") pursuant to the Municipal Development District Act; and will establish Tax Increment Financing District No. 13 (the "Financing District") and adopted a Tax Increment Financing Plan (the "Plan") also pursuant to Minn. Stat. §469.174 through §469.179 of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District were to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and WHEREAS, the City believes that the development and redevelopment of the Development District and the Financing District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program and the tax increment financing plan is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.1. "Act" means collectively the Municipal Development District Act, Minn. Stat. §469.124 et sec ., as amended, and Minn Stat. §469.174 through §469.179. 1.1.2. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.3. "Assessment Agreement" means an agreement made pursuant to Minn. Stat. §469.177, Subd. 8, a copy of which is attached as Exhibit B. 1.1.4. "Available Tax Increments" means 90% of those tax increments actually received in the six months preceding each date of payment of the balance of the Tax Increment described in Section 3.3.2 B. from the Redevelopment Property. 1.1.5. "Certificate of Completion" means the certification, in the fon' of the certificate contained in Exhibit C attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.6. "City" means the City of Stillwater, Minnesota. 1.1.7. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City; and (b) must include at least the following: (i) site plan; (ii) foundation plan; (iii) floor plan for each floor; (iv) elevations (one side); (v) facade and landscape plan; and (vi) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.8. "County" means the County of Washington, Minnesota. 1.1.9. "Development District" means Municipal Development District No. 1 created by the City. 1.1.10. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.11. "Holder" means the grantee under any Mortgage. -2 1.1.12. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans, a general description is attached hereto as Exhibit A. 1.1.13. "Minnesota Environmental Policy Act" means the statutes located at Minn. Stat. §116D.01 et seq., as amended. 1.1.14. "Minnesota Environmental Rights Act" means the statutes located at Minn Stat. §116B.01 et seq., as amended. 1.1.15. "National Environmental Policy Act" means the federal law located at 42 U.S.C. 4331 et seq., as amended. 1.1.16. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article 5 of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.17. "Permitted Encumbrances" means the encumbrances described in Section 7.2 of this Agreement. 1.1.18. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.19. "Project" means the construction of the Minimum Improvements on the Redevelopment Property and the construction of the Public Improvements by the Redeveloper. 1.1.20. "Public Improvements means any public improvements to be constructed by the Redeveloper. 1.1.21. "Redeveloper" means, a Minnesota Corporation company, or an assignee permitted by Section 8.1.1 of this Agreement. 1.1.22. "Redevelopment Property" means the property in Schedule A to the Assessment Agreement. 1.1.23. "State" means the State of Minnesota. 1.1.24. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays, shortage of materials, war, terroristic acts, acts of God, or any other cause beyond the reasonable control of Redeveloper. ARTICLE 2 Representations and Warranties; Interpretive Rule Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of Minn Stat. §469.124 — 469.134, known as the City Development District Act. 2.1.3. The City has created, adopted and approved Tax Increment District No. 13, a Redevelopment District and represented the District to the Washington County Auditor for certification of the original net tax capacity prior to July 1, 2017, and will elect that fiscal disparity payments will not be the obligation of the District. 2.1.4. The City has adopted a Business Subsidy Policy as required by Minn Stat. §116J.993, et seq., however, the assistance provided pursuant to this Agreement is not a business subsidy pursuant to Minn. Stat. §116J.993, subd. 3(7) and (17). 2.1.5. As of the date of execution of this Agreement, the City has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the City is aware of no facts, the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.1.6. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the teinis and conditions this Agreement is prevented, limited by or conflicts with or results in a breach of the terms, conditions or provisions of statute, home rule charter, ordinance, any evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, or constitutes a default under any of the foregoing. 4 Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Assessment Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. This will not warrant the conduct of tenants that might occupy the Minimum Improvements under a lease or operating agreement. 2.2.2. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Financing District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.3. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.4. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements; except for claims caused by the negligence of the City or its contractors or assigns. ARTICLE 3 City and Redeveloper Responsibility Section 3.1. Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to provide Tax Increment Assistance unless and until the following conditions have heen satisfied with respect to the Redevelopment Property and the Minimum Improvements, all of which must be satisfied or waived in writing by October 31, 2017. 5 3.1.1. The Redeveloper has an executed commitment letter with a construction timeline evidencing mortgage financing or owner's equity in at least the amount sufficient to fund the construction of the Minimum Improvements. 3.1.2. The Redeveloper has submitted to the City that executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction. 3.1.3. The Redeveloper has received a design permitting special, conditional or planned development permit for the Private Improvements and building permit as required by Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, and the City Council, and the design of the infrastructure and privately constructed utilities have been approved by the City. The City will process any application filed by the Redeveloper expeditiously and in good faith. When lawfully allowed to do so, the City will assist the Redeveloper in obtaining necessary permits from other government agencies. 3.1.4. The Redeveloper executes and delivers to the City the Assessment Agreement attached to this Agreement as Exhibit B. Section 3.2. Limitation on City Financial Obligations. 3.2.1. In no event will the City be obligated to expend any more funds than expressly described in this agreement. 3.2.2. In the event that the Redeveloper has not satisfied all conditions by December 31, 2017, or such other date as the parties agree in writing, this will be an Event of Default. Section 3.3. The City's Promises and Covenants that will Survive the Closing. 3.3.1. The City covenants that the following actions will be taken and during the term of this Agreement. 3.3.2. Tax Increment Assistance. The City will provide Tax Increment Assistance in the amount of $1,370,198.50 to the Redeveloper, if the Assistance can be amortized from Available Tax Increments or the Tax Increment Assistance must be reduced accordingly. The Tax Increment Assistance is provided to reimburse the Redeveloper for a portion of the cost of eligible Site Improvement expenses. Payment of the Tax Increment Assistance will be payable as follows: A. Provided that no Event of Default has occurred and be continuing hereunder and the balance of the Tax Increment Assistance is payable from Available Tax Increments on each February 1 and August 1, August 1 2020 : f' t1.,. A ,1:«:.........,.. T...,.prov,.....,..«4.. commencing 1, GVGV, 11 L11G 1V111ll111U111 ll11p1VVG111G11LJ are completed by December 31, 2018 or commencing on August 1, 2020, if 6 the Minimum Improvements are completed after December 31, 2019 and before August 15, 2019. B. The City agrees to issue at the request of the Redeveloper a Tax Increment Note in the amount of $1,370,198.50 if the Note can be amortized from Available Tax Increments, at an interest rate of 3.25%. C. The sole source of funds, if any, from which the City is obligated to pay the balance of the Tax Increment Assistance is the Available Tax Increments derived from the Redevelopment Property in the six months preceding each date of payment and nothing herein may be construed to obligate the City to use any of its general funds or other municipal funds to reimburse the Redeveloper for eligible costs, and in no event shall the City be required to use any of its general funds or other municipal funds for any purpose, including for the purpose of reimbursing the Redeveloper or any of its creditors or assigns. D. The obligation of the City to apply Available Tax Increments to payment of the Tax Increment Assistance terminates on the earlier of: (i) The payment of the Increment described in section 3.3.2 (ii) February 1, 2045, or an earlier date if the Tax Increment District is teiniinated by law; (iii) upon the occurrence of an Event of Default hereunder. E. It is the obligation of the Redeveloper or its Mortgage Lender to submit to the City in a timely manner, proof of payment of land write down and site improvement expenses in a format approved by the City Treasurer and as required by the Minnesota Tax Increment Financing Act. Section 3.4. Redeveloper's Responsibility. 3.4.1. As Built Plan. Within ninety (90) days after completion of construction, the Redeveloper, through its contractor or engineer, must prepare and file with the City a full set of "as built" plans, showing the location of connection with any city utilities. Failure to file the "as built" plans as required by this Section will be grounds for the City to suspend the issuance of certificates of occupancy. 3.4.2. Erosion Control Measures During Construction. The Redeveloper agrees that it will construct erosion control devices in conformance with the approved Construction Plans for the Public and Minimum Improvements. The erosion control plan must protect any ponds, wetlands and the St. Croix River from erosion, pollution and siltation throughout the construction of the Minimum Improvements. Any deficiency or failure of erosion control must be corrected within seventy—two (72) hours of written notice or the City may draw upon the security provided under this Agreement in the amount of the costs incurred in miring the defieienry 7 3.4.3. City Regulations. The Redeveloper acknowledges that the property is regulated by the City and that a default under City ordinances or condition of approval of any permit is a default under this Agreement, including but not limited to, the following regulations: A. The Redeveloper must comply with all conditions of approval imposed by the City as part of any permit or approval granted by the City during approval of the Project. B. Payment of any fees or charges normally due at the time of issuance of any building permits and payment of any hook—up charges imposed on the Redevelopment Property. 3.4.4. Damage to City, County and State Facilities. The Redeveloper will be responsible for any damage caused to any City, County and State facilities or improvements including roads, storm water systems, sewer and water facilities whether done by the Redeveloper, its contractors, agents or employees and for any repair or clean-up costs or expenses incurred by the City, County and State in taking remedial action. 3.4.5. Final Inspection. At the written request of the Redeveloper and upon completion of the Minimum Improvements, the City Engineer or designee and the Redeveloper's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Redeveloper's engineer has submitted a written statement attesting to same, the City Engineer or his designee, will recommend that the Minimum Improvements be accepted by the City. Upon the recommendation of the City Engineer, the City will accept the Minimum Improvements. ARTICLE 4 Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. 4.1.1. The Redeveloper agrees that it will construct, or cause to be constructed, the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans, Changes. 4.2.1. If the Redeveloper desires to make any material change in the Construction Plans, the Redeveloper must submit the proposed change to the City 8 for its approval. The request must be filed with the Community Development Director. Minor modifications and modifications that do not change the exterior of any structures may be approved by the Community Development Director. Other modifications must be approved by the City Council and the committee or authority that granted any permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City must approve the proposed change and notify the Redeveloper in writing of its approval. Section 4.3. Commencement and Completion of Construction. 4.3.1. The Redeveloper must commence construction of the Minimum Improvements by February 1, 2018, or on the date the parties agree in writing. The Redeveloper must complete this construction by July 1, 2019. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. 4.3.2. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with Certificate of Completion for the Minimum Improvements in the form attached as Exhibit C. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Section 4.5. Indemnity. 4.5.1. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in 9 connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements by Redeveloper, its agents or assigns except for the negligent acts of the City or its contractors or assigns. ARTICLE 5 Insurance Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: A. Builder's Risk Insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting foinn on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City. B. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) with limits against bodily injury and property damage of not less than $1,500,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used) . On this policy the City must be named as an additional insured as their interests may appear. C. Worker's compensation insurance, with statutory coverage. 5.1.2. The policies of insurance required pursuant to clauses A. and B. above must be in form and content reasonably satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause A. above will contain an agreement of the insurer to give not less than thirty (30) days advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.3. All insurance required in Article 5 of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. - 10 - 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. 5.1.5. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, recnnctnict and rectnre the damaged Minimum Tmnrnvementc ciihctantially the same condition or utility value as it existed prior to the event causing such damage or destruction. To the extent necessary to accomplish the repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. The obligations set forth herein shall terminate with respect to any particular improvements upon issuance of a Certificate of Completion for such improvements. Further, the City will consider favorably a Redeveloper request for an extension of the time limit in this Section pending receipt of insurance proceeds. 5.1.6. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of a certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. 5.1.7. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE 6 Real Property Taxes and Assessments Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper must dismiss any pending tax appeals associated with the Redevelopment Property. 6.1.2. The Redeveloper and its permitted assigns must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments, if any, payable therewith and thereafter; and, 6.1.3. That prior to the Termination Date, the Redeveloper, its assignees, transferees and successors in title: A. will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Redevelopment Property deteiniined by any tax official to be applicable to the Minimum Improvements or the Redeveloper or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; provided, however, that "tax statute" does not include any local ordinance or resolution levying a tax; and B. will not seek any tax deferral or abatement, either presently or prospectively authorized under Minn. Stat. §469.181, or any other state or federal law, of the taxation of any real property within the Redevelopment Property between the date of execution of this Agreement and the Termination Date. C. Will not at any time during the term of this Agreement, seek to reduce the market value of the Redevelopment Property below the assessed minimum market value as set forth in the Assessment Agreement. ARTICLE 7 Financing Section 7.1. Financing. 7.1.1. The Redeveloper must have submitted prior to commencement of construction of the Minimum Improvements evidence of a commitment for financing or equity infusion that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement. - 12 - Section 7.2. Limitation Upon Encumbrance of Property. 7.2.1. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: A. for the purposes of obtaining funds only to the extent necessary for constructing the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies); B. operating agreements; and C. for the purposes of obtaining funds necessary for constructing tenant required improvements and operating costs. 7.2.2 It is not a violation of this Section if Redeveloper is diligently pursuing an order pursuant to Minn. Stat. §514.10 releasing the Redevelopment property from Mechanic's Lien. ARTICLE 8 Prohibitions Against Assignment and Transfer Section 8.1. Representation as to Redevelopment. 8.1.1. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings for the foregoing reason the Redeveloper may not assign this Agreement or any interest therein, or transfer the Redevelopment - 13 - Property or any part thereof to any person, firm or corporation, without the express written consent of City. The City's consent may not be unreasonably withheld. Any transfer of this Agreement through merger, consolidation or liquidation, or any change in ownership of the shares of voting stock or material change in management position of Redeveloper shall constitute an assignment, and, as such shall require the prior written consent of the City. This provision does not apply nor does it prohibit an assignment of the Developer's interest in this Agreement to an entity that is wholly owned by the current principals of the Developer, nor will this provision prohibit the assignment of the TIF note to third parties, nor will it prohibit transfers to related parties or family members. ARTICLE 9 Events of Default Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.14.3.2 of this Agreement. 9.1.3. Failure by the Redeveloper to satisfy all conditions precedent to City as set forth in Section 3.1 by December 31, 2017, unless waived in writing by the City. 9.1.4. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any covenant or undertaking of this Agreement. 9.1.5. The Redeveloper makes any changes to the Construction Plans of the Public or Minimum Improvements without approval of the City of any permit or approval described in Section 3.1.3 of this Agreement. 9.1.6. The Redeveloper constructs Minimum Improvements that are materially different from the Minimum Improvements described in the approved r+,..,. ,.+.......:..... ni..._.. �a +t._ ._t...,.,_..,. t.._.,_ ...0+ 1,1GG1. k vu�ttucuuii rtau�, C1114-1LUGtivau c� uavc uul vccu approvcu 111 W1 11111, vy Laic L 1Ly. - 14 - 9.1.7. An Event of Default described in 9.1.1 through 9.1.6 may not be declared unless the City sends a Notice of Default to the Redeveloper by United States mail along with a 60 day opportunity to cure the default. 9.1.8. The Redeveloper: A. files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; B. makes an assignment for the benefit of its creditors; C. admits in writing its inability to pay its debts generally as they become due; or D. is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take any one or more of the following actions: 9.2.1. Suspend its performance under the Agreement. 9.2.2. Terminate this Agreement and the obligation to pay over the Available Tax Increments to the holder of any Tax Increment Bond. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 9.2.6. Notwithstanding any provision of Section 9.2 or any subpart, or Section 3.8.4C, the City will continue to pay to the holders any Tax Increment Bond, or other instrument issued pursuant to Section 3.3.2, the principal and interest on the Tax Increment Bond during any period of default if real estate taxes and installments of special assessments due and payable on the Redevelopment Property are paid before they become delinquent. Section 9.3. No Remedy Exclusive. 9.3.1. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is - 15 - cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article 9. Section 9.4. No Additional Waiver Implied by One Waiver. 9.4.1. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE IU Additional Provisions Section 10.1. Conflict of Interests; City Representatives Not Individually Liable. 10.1.1. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity. 10.2.1. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Titles of Articles and Sections. 10.3.1. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands 10.4.1. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to - 16 - the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and A. in the case of the Redeveloper, is addressed to or delivered personally to; and 101 Water Street, Stillwater, MN 55082 B. in the case of the City, is addressed to or delivered personally to the City Administrator at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.5. Counterparts. 10.5.1. This Agreement may be executed in any number of counterparts, each of which w111 GV11JLILULG one allu. 1116 same instrument IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. ATTEST: Diane F. Ward, City Clerk - 17 - CITY OF STILLWATER By Ted Kozlowski, Mayor ST. CROIX PRESERVATION CO, INC. a Minnesota Corporation 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 Kozlowskis, and Diane F. Ward, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the CITY OF STILLWATER, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2017, by , the , duly authorized agent for the Redeveloper, St. Croix Preservation Co, Inc. Notary Public \\darrow\data\ LF_Files\City\Stillwater Caves (Luna Rossa - Joseph Wolf Brewery)\Stillwater Caves, LLC Contract Redevelopment 2017 2nd draft.doc - 18 - Exhibit A Redeveloper Minimum Improvements The Existing Water Street Inn will be rehabilitated and renovated to a code compliant and modern standard, and an addition will be constructed adding 22 additional rooms with a clock tower and rooftop restaurant. Z:\MLFFiles\City\Stillwater Caves (Luna Rossa - Joseph Wolf Brewery)\Exhibit A to St. Croix Preservation Co Inc2.docx EXHIBIT B ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILLWATER, MINNESOTA AND ST. CROIX PRESERVATION CO. INC. A MINNESOTA CORPORATION AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 2017, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), and St. Croix Preservation Co, Inc. (the "Owners"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and the Owner, entered into a Contract for Private Redevelopment dated , 2017 ("Redevelopment Contract") for the real property located in the City of Stillwater hereinafter referred to as the "Project" and legally described as on Schedule A, Washington County, Minnesota; and WHEREAS, the City and Redeveloper to established a minimum market value for Redevelopment Property and the Minimum Improvements constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the plans for the Minimum Improvements; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2019, the minimum market value of the Property Project shall be not less than Dollars ($ .00). The parties expect that construction of Minimum Improvements will be substantially completed by January 2, 20189. 2. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered such supplements hereto and such further instruments as may be reasonably required for correcting any inadequate or incorrect description of the project or for carrying out the expressed intention of this Agreement. 3. The minimum market value shall be of no further force and effect and this Agreement shall terminate on the earlier of (i) the date on which the increment has been fully paid, as described in Section 3.2.2.A of the Agreement; or ii) the Redevelopment Contract either expires or terminates, and in no event shall this Agreement have any force or effect after December 31, 2044. 4. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule A hereto. 5. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment Contract between the City and the Redeveloper. 6. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which constitute but one and the same instrument. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF STILLWATER By Ted Kozlowski, Its Mayor By Diane F. Ward, Its 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 duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a municipal corporation. Notary Public -2- St. Croix Preservation Co, Inc. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2017, by St. Croix Preservation Co, Inc. Drafted by: David T. Magnuson (#66400) Magnuson Law Firm 324 Main Street South, Suite #260 Stillwater, MN 55082-5165 651-439-9464 (phone) Notary Public -3- SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY HOTEL PARCEL Those portions of Block 27, Original Town of Stillwater, Minnesota, and that portion of the South half of the Easterly extension of E. Myrtle Street, according to the recorded plat thereof, Iying Easterly of the Easterly line of N. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn parallel with and distant 8.5 feet Westerly of, as measured at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) Original Main Track centerline, as originally located and constructed upon, over and across BIock 27. PARKING PARCEL That portion of Block 18, Original Town of Stillwater, Minnesota, according to the recorded plat thereof, lying Easterly of the Easterly line of N. Water Street, according to the recorded plat thereof, and lying Westerly of a line drawn parallel with and distant -8.5 feet Westerly of, as measured at right angles to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) New Main Track centerline, as now located and. constructed, and. between the Easterly extensions of East Myrtle Street and the Easterly extension of Commercial Street, according to the recorded plat thereof, subject • to an. option in favor of the City as described hi §3.4.3 of the Contract far Private Redevelopment between the City and St. Croix Preservation Company as approved by the City Council on January 17, 1995. A - I SCHEDULE B TO ASSESSMENT AGREEMENT CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the improvements to constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonable, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of property in Washington County, Minnesota, hereby certifies that the market value assigned to the land and improvements are reasonable, with regard to the property legally described in Schedule A. County Assessor, Washington County STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2017, by , the County Assessor of the County of Washington. Notary Public -5- SCHEDULE C TO ASSESSMENT AGREEMENT CONSENT TO ASSESSMENT AGREEMENT BY MORTGAGE HOLDER (the "Lender"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Redevelopment Property at a foreclosure sale or acquires the Redevelopment Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Redeveloper, it and its respective successor and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Redevelopment Property shall be maintained throughout the term of the Assessment Agreement. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf of this day of , 2017. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) LENDER: By Its The foregoing instrument was acknowledged before me this day of , 2017, by , the of on behalf of the Lender. Notary Public Z:\MLF_Files\City\Stillwater Caves (Luna Rossa - Joseph Wolf Brewery)\Assessment Agmt and Assessor's Certificate Between City and Ct f rniv Preservation 2.docx EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Stillwater, Minnesota, a municipal corporation (the "City"), entered into a certain Contract for Private Redevelopment ("Contract') with St. Croix Preservation Co, Inc., a Minnesota corporation (the "Redeveloper"), 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 Redevelopment of the following land described in Exhibit A in the County of Washington and the State of Minnesota, (the "Property"), NOW THFRF.PC RR fhic is to rPrtifv that all hnilrling nrtnefrartinn anti nth,r p yeiral improvements specified to be done and made by the Redeveloper has been completed in accordance with the Contract, all lawful Codes, Laws, Rules and Ordinances now in effect. Dated this day of , 2017. STA 1"h OF MINNESOTA ) ss COUNTY OF WASHINGTON CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: Diane F. Ward, Its City Clerk The foregoing instrument was acknowledged before me this day of July, 2017, by Ted Kozlowsk, Mayor and Diane F. Ward, Clerk, for the City of Stillwater. Notary Public 11! r ' H F BIBTH PLAT, f 0� MINN E 841 A CITY COUNCIL MEETING DATE: September 5, 2017 CASE NO.: 2017-29 Planning Commission: August 9, 2017 APPLICANT: Rachelle Davila, Home Sweet Home, LLC REQUEST: Consideration of an amendment to a Special Use Permit for the change in ownership of the Aurora Staples Inn Bed and Breakfast ZONING: RB - Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Rachelle Davila, applicant, has requested a transfer of the Aurora Staples Bed and Breakfast Special Use Permit, located at 303 4th Street North. The applicant has indicated operations of the existing facility would remain the same. APPLICABLE BACKGOUND The Aurora Staples Inn was first designated as a Bed and Breakfast in 1996. More recently, Special Use Permit 2002-46 was issued to Jerry and Cathy Helmberger with 20 conditions of approval; nine of the stated conditions specifically addressed special events to be held on the property. The permit was amended with the approval of SUP 2003-24, allowing for a secondary structure on the property. At that time, conditions of approval indicated that no greater than five rooms may be used as guest rooms and limited certain size and area provisions for the new structure. On July 3, 2017, the City received a request for information on how to transfer the Special Use Permit from the Helmbergers to the applicant. The applicant materials were submitted by the July 21st deadline for the August Planning Commission meeting. On July 25, 2017, the Helmbergers sold the property to Home Sweet Home LLC. They have been operating the facility since assuming ownership. The Planning Commission held a public hearing to consider transfer of the Aurora Staples Bed and Breakfast Special Use Permit. At the hearing, the applicant indicated operations would be exactly the same at they had been under the ownership of the Helmbergers. No other public testimony was made, though one written comment was noted as being a part of the record. Although the written comment indicates "noise and disruption concerns" are an issue at this facility, there are no reported nuisance violations on record for the property in, at least, the last Case No. 2017-29 CC: September 5, 2017 Page 1 of 3 11! r H E B TH PLI[CF OF MINN E 801 five years. In a 4-0 vote, the Commission recommended conditional approval of the transfer. The conditions are included below in the Findings and Recommendations section The Planning Commission case file report is attached. ALTERNATIVES A. Approval If the City Council finds the proposal to be consistent with the provisions of the SUP process, the Council could approve the five-guestroom Bed and Breakfast SUP for the Aurora Staples Inn with the conditions included below. B. Table C. Denial If the City Council finds that the application is not complete enough to make a decision, it could continue the review for additional information. The 60 -day deadline for review is September 22, 2017. If the City Council finds the proposal is not consistent with the provisions of the SUP regulations, the Council could deny the application. The Council should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION The Planning Commission found that the transfer of the Bed and Breakfast Special Use Permit will be in conformance to the Bed and Breakfast SUP provisions. Therefore, the Planning Commission made recommendation of approval, with the following conditions: 1. The owner or manager of the residence shall live on-site. 2. Rachelle Davila, owner of the property, shall be on site during all special events. 3. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. Groups may not exceed a 40 person capacity, unless special approval is obtained from the City Council. 4. All special events shall be over by 9:00 p.m. 5. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the public). Food for special events must be served by a licensed caterer. 6. No liquor shall be sold on premises. If wine is served, a wine license must be obtained from the City as per Ord. #768. No open bar shall be permitted on premises for Special Events. Champagne is allowed on a two person/ one bottle limit. 7. No general external lighting of the site that may impact the surrounding residential area is allowed. Adequate pedestrian scale lighting shall be provided between the bed and breakfast and parking. No outside entertainment or lighting for special events. 8. One, four square foot sign is allowed on-site consistent with the architectural character of the building (maximum height four feet). Case No. 2017-29 CC: September 5, 2017 Page 2 of 3 11! r H E BI TH PLI[CF OF MINN E 801 9. One parking space for each guest room shall be set aside and marked "FOR GUEST ONLY." Two parking spaces will be available onsite for the owner or manager. All special event visitors shall park on site or at a controlled remote location. 10. No additional bedrooms can be used for the bed and breakfast. Five bedrooms is the maximum allowed under the Ordinance. 11. This permit shall be reviewed upon complaint. The Bed and Breakfast Special Use Permit shall be reviewed before the Planning Commission and City Council for revocation if the Community Development Director receives substantiated complaints regarding the bed and breakfast use. 12. The Special Use Permit is not transferable. New property owners shall require a new Special Use Permit. Staff recommends the Council grant conditional approval of Case No. 2017-29, by adopting the attached Resolution based on the Planning Commissions recommendation. ATTACHMENTS CPC Staff Report (dated August 9, 2017) Site Location Map Narrative Request Site Plan Case No. 2002-49 Case No. 2003-24 Public Comment (1) Resolution of Approval Case No. 2017-29 CC: September 5, 2017 Page 3 of 3 PLANNING COMMISSION MEETING DATE: August 9, 2017 CASE NO.: 2017-29 APPLICANT: Rachelle Davila, applicant REQUEST: Consideration of an amendment to a Special Use Permit for the change in ownership of the Aurora Staples Inn Bed and Breakfast ZONING: RB - Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Rachelle Davila, applicant, has requested a transfer of the Aurora Staples Bed and Breakfast Special Use Permit, located at 303 4th Street North. The applicant has indicated operations of the existing facility would remain the same. APPLICABLE BACKGOUND The Aurora Staples Inn was first designated as a Bed and Breakfast in 1996. More recently, Special Use Permit 2002-46 was issued to Jerry and Cathy Helmberger with 20 conditions of approval; nine of the stated conditions specifically addressed special events to be held on the property. The permit was amended with the approval of SUP 2003-24, allowing for a secondary structure on the property. At that time, conditions of approval indicated that no greater than five rooms may be used as guest rooms and limited certain size and area provisions for the new structure. On July 3, 2017, the City received a request for information on how to transfer the Special Use Permit from the Helmbergers to the applicant. The applicant materials were submitted by the July 21st deadline for the August Planning Commission meeting. On July 25, 2017, the Helmbergers sold the property to Home Sweet Home LLC. The applicant has been operating the facility since assuming ownership. SPECIAL USE PERMIT REGULATIONS AND ANALYSIS Section 31-207 indicates in approving a Special Use Permit, it must be determined by the Planning Commission that: The proposed structure or use conforms to the requirements and the intent of this [zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Case No. 2017-29 CPC August 9, 2017 Page 1 of 3 11! r ' H F BI TH PLI[CF OF MINN E o I, No formal complaints of the existing facility, for the last five years, are on file with the City. Therefore, it is assumed the existing operations have been in compliance with Case No. 2002-46 and 2003-24. If the applicant operates the Bed and Breakfast in the exact same fashion as, it will be in substantial conformance with the Zoning Code and other lawful regulations. There are no conflicts with the proposed use and the Comprehensive Plan. Any additional conditions necessary for the public interest have been imposed and use/structure will not constitute a nuisance or be detrimental to the public welfare of the community. As conditions of approval presently exist, those conditions should be applied to the transfer. The original 20 conditions have been consolidated; staff recommends 12 stated conditions. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be consistent with the provisions of the SUP process, the Commission should move to approve the five- guestroom Bed and Breakfast SUP for the Aurora Staples Inn with the following conditions of approval: 1. The owner or manager of the residence shall live on-site. 2. Rachelle Davila, owner of the property, shall be on site during all special events. 3. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. Groups may not exceed a 40 person capacity, unless special approval is obtained from the City Council. 4. All special events shall be over by 9:00 p.m. 5. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the public). Food for special events must be served by a licensed caterer. 6. No liquor shall be sold on premises. If wine is served, a wine license must be obtained from the City as per Ord. #768. No open bar shall be permitted on premises for Special Events. Champagne is allowed on a two person/ one bottle limit. 7. No general external lighting of the site that may impact the surrounding residential area is allowed. Adequate pedestrian scale lighting shall be provided between the bed and breakfast and parking. No outside entertainment or lighting for special events. 8. One, four square foot sign is allowed on-site consistent with the architectural character of the building (maximum height four feet). Case No. 2017-29 CPC August 9, 2017 Page 2 of 3 1 Iwater H F BIRTHPLACE O F M I N K E 8 O I A 9. One parking space for each guest room shall be set aside and marked "FOR GUEST ONLY." Two parking spaces will be available onsite for the owner or manager. All special event visitors shall park on site or at a controlled remote location. 10. No additional bedrooms can be used for the bed and breakfast. Five bedrooms is the maximum allowed under the Ordinance. 11. This permit shall be reviewed upon complaint. The Bed and Breakfast Special Use Permit shall be reviewed before the Planning Commission and City Council for revocation if the Community Development Director receives substantiated complaints regarding the bed and breakfast use. 12. The Special Use Permit is not transferable. New property owners shall require a new Special Use Permit. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the provisions of the SUP regulations, the Commission should deny the application. The Commission should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Staff finds that with certain conditions of approval, the transfer of the Bed and Breakfast Special Use Permit will be in conformance to the Bed and Breakfast SUP provisions. Therefore, staff makes the recommendation the Commission grant conditional approval of Case No. 2017-29 with the conditions outlined above. ATTACHMENTS Site Location Map Narrative Request Site Plan Case No. 2002-49 Case No. 2003-24 Public Comment (1) Case No. 2017-29 CPC August 9, 2017 Page 3 of 3 �w_ , r. .. �y� /.... Q� Nib �l The Birthplace Water of Minnesota tr.-k Site Location Map Aurora Staples Inn 303 North Fourth Street • F Fll.ik i 0 4 , ve. 5h 03\.- 0 75 150 300 Feet rw •. General Site Location ,i.' - - ,` 212 44111V- '�1 �• --` ei a.,/&04111•- `- _ , 1 A , 3 i". , 11� Y �? M f r Wb. , T :, 1 j om c) ¢ 7 ' o U , , ��: '-' *,:t..,:* to 8�' e J f,. CONTACT 303 N 4th Street Stillwater, MN 55082 rrdavila@hotmail.com 651-558-1629 • EMAIL • AURORA STAPLES B & B ABBI JO WITTMAN AND PLANNING COMMISSION HISTORICAL INN CITY PLANNER • CITY OF STILLWATER Dear Abbi Jo Wittman and Planning Commission, The Aurora Staples Inn will continue to operate as a Bed and Breakfast in Stillwater, MN. The Inn has its own parking for guests so the street parking in front of the house will be for the public. The Inn will continue to lodge guests in five rooms. Guests from out of town will be good for the local economy. I will also hold weddings there from time to time of up to 40 people. I will live there and manage the Inn daily. Hopefully, people will arrive as guests and leave as friends. Sincerely, Rachelle Davila TWITTER HANDLE TELEPHONE in LINKEDIN URL L D2►. duhLTH Cihr<E E� 2l 0 0 U/.'pR-ve0 Tkwcw(7 APX 2.000 54 Fr Ak-Veo DRlvftvMt m�rnr Hou5r co11f 5F F -cc flRF-A 1351 Faith) CA 70 Ai 517.E CR/bp-4er NoosE loZo S� 32 FLook AREA 701 5F round nc+S 64A'E 7 LA' LEA 62.1 S CR -m -6 E Na vse 5 rr S KS 3 FT oN 1\1oRT14 Z Fr OI'J i_>AST to Pr 4' Lint L11JE TO FJUN4+ 7Dxi 1 Ft oue iF? E 7 f (i hlifii411-- • oo 1 State of Minnesota City of Stillwater In the Matter of Planning Case No. SUP/02--i Owner: Cathy and Jerry Helmberger qi Copy 3o3 31 01133111 City of Stillwater Planning Commission Proceedings Order Granting a Special Use Permit The above entitled matter came to be heard before the Planning Commission on the 12th day of August 2002, on a request for a special use permit and pursuant to the City Code for the following described property: 303 North Fourth Street R 4101 R 29.030.20.34.0060 Legal Description Sect/Twn/Range Plat 10690 STILL (ORIG TWN NOW CITY) B1-17 Lot/Block 005 015 W 50 FT OF S1/2 LOT 5 015&W 50 FT OF LOT6ALLOF LOTS 7-8 & 9 BLK 15 3RD WARD Purpose: A special use permit for a bed and breakfast (Aurora Staples Inn). Upon motion made and duly approved by the requisite majority of the Planning Commission, it is ordered that a special use permit be granted upon the following conditions of apporval: 1. The manager of the residence shall live on-site. 2. One parking space for each guest room shall be set aside and marked "FOR GUEST ONLY." Two spaces available on site for manager. 3. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the public). 4. No liquor shall be sold on premises. If wine is served, a wine license must be obtained from the City. (Ord. #768 Adopted 10-22-92) 5. One four square foot sign is allowed on-site consistent with the architectural character of the building (maximum height four feet). 6. Adequate pedestrian scale lighting shall be provided between the bed and breakfast and parking. 7. No general external lighting of the site that may impact the surrounding residential area is allowed. 8. The special use permit is not transferable. New property owners or managers shall require a new special use permit. 9. The bed and breakfast use permit shall be reviewed before the Planning Commission and City Council for revocation if the Community Development Director receives complaints regarding the bed and breakfast use. 10. No additional bedrooms can be used for the bed and breakfast. Five bedrooms is the maximum allowed under the Ordinance. 11. The Heritage Preservation Commission shall determine the maximum number of guestrooms. Special Use Permit for Special Events. 1. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. 2. All special event visitors shall park on site or at a controlled remote location. 3. Limit of groups: 40 capacity as approved unless special approval is obtained from the City Council. 4. Food must be served by a licensed caterer. 5. All special events shall be over by 9:00 p.m. 6. No open bar on premises for special events. Champagne is allowed on a two- person/one bottle limit. 7. No outside entertainment or lighting for special events. 8. This permit shall be reviewed upon complaint. 9. Cathy and/or Jerry Helmberger, owners of the property, shall be on site during all special events. This use is not transferable. Dated this 15th day of January, 2003 Steve Russell, Community Development Director e .! State of Minnesota City of Stillwater 3337082 1 Office of the County Recorder Washington County, MN 11 Certified filed andlor recorded on: 2003/04/30 7:49:00 AM 3331082 Cindy Koosmenn County Recorder In the Matter of Planning Case No. SUP/V/03-24 Owner: Gerald M & Cathy P Helmberger 303 4th St N Stillwater MN 55082 Property Address: 303 4th Str N �L City of Stillwater Planning Commission Proceedings Order Granting a Special Use Permit and Variance The above entitled matter came to be heard before the Planning Commission on the 17th day of March 2003, on a request for a special use permit and variance pursuant to the City Code for the following described property: Legal Description Sect/Twn/Range PLAT 10690 STILL (ORG TWN NOW CITY) B1-17 LOT/BLOCK 005 015 W 50 FR OS S1/2 LOT 5 015 & W 50 FT OF LOT 6 ALL OF LOTS 7-8 &9 BLK 15 3RD WARD Purpose: Modification to the bed and breakfast special use permit and a variance to the rear yard setback and a variance to the permitted square footage of a second structure. Upon motion made and duly approved by the requisite majority of the Planning Commission , it is ordered that a special use permit and variance be granted upon the following conditions of approval: 1. No more than five rooms shall be used as guest rooms. 2. The building official shall review and approve the guest room above the garage. 3. No projection of the garage structure, eave, gutter or any building element shall not be closer than one (1) foot from the east property line. 4. The maximum size of the accessory building shall be 1,000 square feet. Dated this 8th day of April, 2003 Steve Russell, Community Development Director This variance is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This variance will be null and void if the project that is permitted by this variance is not completed within two years from the date the permit is granted. From: Jenn Sundberq To: Abbi Wittman Subject: FW: Comment on Case No. CPC/2017-29 Date: Tuesday, August 01, 2017 10:12:59 AM Comment to include in the hearing. I printed a copy for the file. From: Timothy Paskvan [mailto Sent: Tuesday, August 01, 2017 10:08 AM To: Jenn Sundberg <jsundberg@ci.stillwater.mn.us> Subject: Comment on Case No. CPC/2017-29 At last month's city council meeting, there was a motion to memorialize the library's right to hold events on their patio. The mayor thought that the ongoing noise and disruption concerns of the neighborhood should be addressed before doing this. This is currently a work in progress. The planning commission is about to consider a request to transfer a Special Use Permit for the Aurora Staples Inn to operate as it has historically operated. Historically, the same ongoing noise and disruption concerns that exist for the library also exist for the Aurora Staples Inn. This would be the prefect time to address these concerns and to get the new owner off on the right foot with the neighborhood. Good dialogue makes good neighbors. Sincerely Yours, Tim A RESOLUTION AMENDING A SPECIAL USE PERMIT FOR A BED AND BREAKFAST AT 303 4th Street North PLANNING CASE NO. 2017-29 WHEREAS, Rachelle Davila, Home Sweet Home, LLC, made application for approval of an amendment to Special Use Permit 200246 and 2003-24 to allow transfer of the ownership and operation of the Bed and Breakfast at 303 4th Street South, legally described on Exhibit A attached hereto; and WHEREAS, the subject property is zoned RB, Two Family and within the RB Zoning District a Bed and Breakfast is a permitted use with a Special Use Permit; and WHEREAS, the Planning Commission held a public hearing on August 9, 2017, and recommended conditional approval of the amended Special Use Permit for the Bed and Breakfast; and WHEREAS, on September 5, 2017, the City Council considered granting an amended to the Special Use Permit for the Bed and Breakfast. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a Special Use Permit for a Bed and Breakfast, to be known as the Aurora Staples Inn, with the following conditions: 1. The owner or manager of the residence shall live on-site. 2. Rachelle Davila, owner of the property, shall be on site during all special events. 3. A maximum of six special events (large functions defined as business meetings, bus tours, bridal and wedding showers, anniversaries, weddings and wedding receptions, and church functions) over twenty persons allowed per month. Groups may not exceed a 40 person capacity, unless special approval is obtained from the City Council. 4. All special events shall be over by 9:00 p.m. 5. If provided, dining facilities for breakfast shall be available to registered guests only (not available to the public). Food for special events must be served by a licensed caterer. 6. No liquor shall be sold on premises. If wine is served, a wine license must be obtained from the City as per Ord. #768. No open bar shall be permitted on premises for Special Events. Champagne is allowed on a two person/ one bottle limit. Page 1 of 3 7. No general external lighting of the site that may impact the surrounding residential area is allowed. Adequate pedestrian scale lighting shall be provided between the bed and breakfast and parking. No outside entertainment or lighting for special events. 8. One, four square foot sign is allowed on-site consistent with the architectural character of the building (maximum height four feet). 9. One parking space for each guest room shall be set aside and marked "FOR GUEST ONLY." Two parking spaces will be available onsite for the owner or manager. All special event visitors shall park on site or at a controlled remote location. 10. No additional bedrooms can be used for the bed and breakfast. Five bedrooms is the maximum allowed under the Ordinance. 11. This permit shall be reviewed upon complaint. The Bed and Breakfast Special Use Permit shall be reviewed before the Planning Commission and City Council for revocation if the Community Development Director receives substantiated complaints regarding the bed and breakfast use. 12. The Special Use Permit is not transferable. New property owners shall require a new Special Use Permit. Enacted by the City Council of the City of Stillwater, Minnesota this 5th day of September, 2017. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane F. Ward, Clerk Page 2 of 3 EXHIBIT A The West 50 feet of the South / of Lot 5; the West 50 feet of Lot 6; and all of Lots 7, 8, and 9, Block 15, Original Town (now City) of Stillwater, Washington County, Minnesota Page 3 of 3 Extract of Minutes of a Meeting of the City Council of the City of Stillwater, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Stillwater, Minnesota was duly held at the City Hall in said City on Tuesday, the 5th day of September, 2017, at 7:00 p.m. The following members were present: Council members Pohlena, Junker, Weidner, Menikheim and Mayor Kozlowski, and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION 2017 - RESOLUTION RESETTING THE INTEREST RATE OF TWO TAXABLE TAX INCREMENT REVENUE NOTES (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $445,000 EACH The Motion for the adoption of the foregoing resolution was duly seconded by Member Polehna and upon vote being taken thereon on the following votes in favor thereof: All, and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF STILLWATER I, the undersigned, being the duly qualified City Clerk of the City Council of the City of Stillwater, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicted, insofar as such minutes relate to the authorization of the issuance of two Taxable Tax increment Revenue Notes in the original aggregate principal amount of $445,000 each (Curve Crest Village Project). WITNESS my hand this 15th day of August, 2017. Diane F. Ward, City Clerk \\darrow\data\MTF Files \CitylResolutions\Extract of Minutes of a Meeting - 8.15.1 7.doc Adopted this 15th day of August, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk CITY OF STILLWATER, MINNESOTA RESOLUTION NO. 2017 RESOLUTION RE -SETTING THE INTEREST RATE OF TWO TAXABLE TAX INCREMENT REVENUE NOTES (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $445,000 EACH BE IT RESOLVED BY the City Council ("Council") of the City of Stillwater, Minnesota (the "City") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The City has heretofore authorized the establishment of a municipal development district designated as Development District No. 1 (the "Development District") pursuant to Minnesota Statutes, Sections 469.124-469.134, as amended. The City has heretofore approved the establishment of Tax Increment Financing District No. 9 (the "TIF District"), pursuant to Minnesota Statutes, Sections 469.174-469.179, as amended (the "Tax Increment Act"), within the Development District, and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Development District. Pursuant to Minnesota Statutes Section 469.176, the City was authorized to issue and sell its bonds for the purpose of financing a portion of the capital and administration costs of the Development District. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The City hereby found and determined that it was in the best interests of the City that it issue and sell two Taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002 in the original principal amount of $445,000 each (collectively, the "Note"), for the purpose of financing certain capital and administration costs of the Development District. 1.02. Issuance, Sale, and Twins of the Note. The Note was issued in accordance with that certain Contract For Private Development between the City and Curve Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer") dated June 4, 2002 (the "Agreement"). The Developer has retained Dougherty & Company LLC (the "Placement Agent") to arrange the sale of the Note. The City hereby authorizes issuance of the Note in accordance with terms set forth in this Resolution to the purchaser designated by Placement Agent, at a price of par. The Note was dated as of the date of delivery thereof to bear interest at the rate of 7% per annum to maturity and the purpose of this Resolution is to re -set the Interest rate to 5% per annum effective August 1st, 2017, to maturity, subject to adjustment on each Purchase Date, as set forth in the foam of the Note. The Note as amended shall be payable in 1 installments of principal and the thedates (the "Payment semi-CErlrltial 1raJtcullllGULJ ylult�l�xu interest in amounts and on utiles (lI1C Dates") set forth in the form of the amended Note attached to this Resolution. 2 Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks to be properly filled in as of the date of issue: (The remainder of this page is intentionally left blank.) 3 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF WASHINGTON No. R-5 $445,000 CITY OF S I'ILLWATER, MINNESOTA TAXABLE TAX INCREMENT REVENUE NOTE (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002 Interest Rate �V1C414urty Date TA_ __ _1`!l Original Laic of Original 5% February 1, 2029 June 14, 2002, interest of 7% reset to 6% effective August 1, 2012 reset to 5% effective August 1, 1017 Registered Owner: Bridgewater Bank, 3800 American Boulevard West, Bloomington, MN 55431 The City of Stillwater, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner"), but solely from one-half of the Available Tax Increment (defined below) the principal sum of $445,000 and to pay interest thereon at the interest rate set forth above, as and to the extent set forth herein. 1. Payments. interest shall accrue on this Note from the Date of Original Issue set forth above, to but not including, February 1, 2029, at the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section 2 of this Note, payable on February 1, 2003 and each August 1 and February 1 thereafter (the "Payment Dates"). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 6 of this Note. In the event one-half of the Available Tax Increment as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, one-half of the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Neta }saga Baan s- -1 in T,11• (lel tl�a r3fltn thn.7,ta ic. fprerv;,aatra'i 1„ u:.z,^,id ace with C. ctiG. n _ i==Y _� , iu% a vvvCiv3i 8 hereof; or (c) February 1, 2029. Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent to arrange remarketing of the required aggregate principal amount of the Note at par in accordance with 4i,.. terms -f the Remarketing eting A g..... .. . dated .i r 7--__ _ 1 2002 (the YYllll the 4L1i11.1 Vi 4116 1 I11[uI L111� L'1g1 GGi11L13t, U 1WU CLs of J UII 1, LUUG bile "P marlrpting Agreement") het PP» th,- City' the Developer, and Do'yghert & C LLC b .�b.....,��...u.. ]> > city, i'' � c.0 vu�-,uvi iJ•' Company (the "Remarketing Agent" and the "Tender Agent"). 3. Available Tax Increment. Payments on this Note are payable on each Payment Date solely from one-half of the Available Tax Increment, as defined in the Contract For Private Development, dated as of June 4, 2002 (the "Agreement") between the City and Curve Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer"), the term "Available Tax increment" means, on each Payment Date, 90% of the Tax Increment derived from the Development Property (as defined in the Agreement and hereinafter referred to as "Tax Increment"), and received by the City in the six months preceding the Payment Date. In the case of certain Events of Default under Section 9.1 of the Agreement, the City may suspend or terminate its obligation to pay Available Tax Increment in accordance with Section 9.2 of the Agreement, which is incorporated herein by reference. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than one-half of the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of one-half of the Available Tax.increment and capitalized interest. If on any Payment Date the balance of funds in the Debt Service Fund created under the Resolution (defined below) is insufficient to make the payment due on that date, the deficiency will be deferred and paid, without interest thereon, to the extent possible on any subsequent Payment Date on which the City has available funds in the Debt Service Fund in excess of the payment due on such date. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. The City makes no warranty or representation that one-half of the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2022 and August 1, 2027 (collectively the "Purchase Date"). The purchase price of this 2 Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price"). The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of this Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date. The Registered Owner shall be required to tender this Note (together with an appropriate instrument of transfer executed in blank) to the Tender Agent for purchase by 12:00 o'clock noon, Central Time, on the business day prior to the Purchase Date. The Registered Owner will be deemed to have tendered this Note for purchase on the Purchase Date, at the Purchase Price, whether or not such Note is actually delivered for purchase. NOTWITHSTANDING FAILURE BY THE REGIS l'ERED OWNER OF THIS NO FE TO DELIVER THIS NOTE ON OR PRIOR TO THE PURCHASE DA 1E, THE REGISTERED OWNER SHALL NOT RE ENTITLED TO PA VIVFMT OF n r i nuc r TO ACC T m SUBSEQUENT TO THE PURCHASE DA IE OR ANY OTHER PAYMENT EXCEPT THE PURCHASE PRICE FOR THIS UNDELIVERED NOTE, AND ANY SUCH NOTE SHALL NO LONGER BE ENTITLED TO THE RIGHTS OF THE REGISTERED OWNER OF THIS NOTE, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE. The Purchase Price of this Note shall be paid solely from proceeds derived from the remarketing of this Note under the terms of the Remarketing Agreement and from one-half of the Available Tax Increment. 5. Mandatory Redemption of Note. This Note maturing on February 1, 2029, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: (The remainder of this page is intentionally left blank.) 3 Redemption Date February 1, 2013 August 1, 2013 February 1, 2014 August 1, 2014 February 1, 2015 August 1, 2015 February 1, 2016 August 1, 2016 February 1, 2017 August 1, 2017 February 1, 2018 August 1, 2018 Febiuu'.iy 1, 2019 August 1 7019 February 1, 2020 August 1, 2020 February 1, 2021 aturity Principal Amount 7,500 5,000 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 10,000 7,500 1 V,VVV 10,000 10,000 10,000 10,000 Redemption Date Principal Amount August 1, 2021 February 1, 2022 August 1, 2022 February 1, 2023 August 1, 2023 February 1, 2024 August 1, 2024 February 1, 2025 August 1, 2025 February 1, 2026 August 1, 2026 February 1, 2027 August 1, 2027 F&ehr;ary 1 7n2Q August 1, 2028 February 1, 2029* 10,000 12,500 12,500 12,500 12,500 12,500 12,500 15,000 15,000 15,000 15,000 17,500 1,7 Lf'l1 1 I,JUV 17,500 17,500 20,000 6. Optional Redemption of Note. This Note shall be subject to redemption without prior notice, in whole or in part, at a redemption price of one hundred percent (100%) of the principal amount thereof to be redeemed plus interest accrued tothe date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date from one-half of the Available Tax Increment in excess of one-half of the Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) from the proceeds of any refunding obligation of the City. 7. Termination. Except as otherwise provided in Section 9.2 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement. 8. Nature of Obligation. This Note is one of an issue in the total principal amount of $890,000 issued to aid in financing certain capital and administration costs of a Development District undertaken by the City pursuant to Minnesota Statutes, Sections 469.124 through 469.134, as amended, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the City on June 4, 2002 and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and eanitali7M m intprect pie/ted to the payment hnrenf under the Recnlwtinn' ATThig nte and the r r ^a- r� interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of 4 Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of one-half of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will beissued of the transferee N_t_ the in the nam;, uic a new Note of JalZie aggregate principal amount, hearing interest at the same rate and maturing on the same date. This Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt front registration and prospectus delivery requirements of federal and applicable state securities laws. 10. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIkIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been perfoirned in due fotin, time and manner as so required. (The remainder of this page is intentionally left blank.) 5 IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of the Date of Original Issue specified above. Diane F. Ward Ted Kozlowski City Clerk Mayor AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person Last listed below. Date of Registration Registered Owner Bridgewater Bank Bloomington, Minnesota Tax I.D. No. Signature of City Clerk (The remainder of this page is intentionally left blank.) \\darrow\data\MLF Files \City\T1F - Tax Increment Financing\UNITED STATES OF AMERICA Taxable Tax Increment Curve Crest Villas for Bridgewater Bank20l7.docx 6 UNITED STATES OF AMERICA STALE OF MINNESOTA COUNTY OF WASHINGTON No. R-6 $445,000 CITY OF S I`1LLWA I'ER, MINNESOTA TAXABLE TAX INCREMENT REVENUE NOTE (CURVE CREST VILLA LIMITED PARTNERSHIP PROJECT), SERIES 2002 11i1G1 GJ l 10QLG 1v1ii.Et, nLy Lime Date of Original Issue 5% February 1, 2029 June 14, 2002, interest rate of 7©% reset to 6% effective August 1, 2012, Reset to 5% effective August 1, 2017 Registered Owner: Lake Elmo Bank, 11465 38th Street North, Lake Elmo, MN 55042 The City of Stillwater, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to the registered owner set forth above or its assigns (the "Registered Owner"), but solely from one-half of the Available Tax Increment (defined below) the principal sum of $445,000 and to pay interest thereon at the interest rate set forth above, as and to - the extent set forth herein. 1. Payments. Interest shall accrue on this Note from the Date of Original Issue set forth above, to but not including, February 1, 2029, at the interest rate set forth above and thereafter at the adjusted interest rate as provided in Section 2 of this Note, payable on February 1, 2003 and each August 1 and February 1 thereafter (the "Payment Dates"). The principal amount of this Note is due on the Maturity Date as defined below. Principal of this Note is subject to mandatory redemption and prepayment in accordance with the terms of Section 6 of this Note. In the event one-half of the Available Tax Increment as defined below is not sufficient to pay all principal of this Note (whether pursuant to mandatory redemption or maturity) and accrued interest due on this Note on any Payment Date, one-half of the Available Tax Increment shall be applied first to accrued and unpaid interest, and then to principal. The term "Maturity Date" means the earlier of (a) the date all principal and accrued interest on this Note have been paid in full; (b) the date the Note is terminated in accordance with Section o 1. __,r i r.1__,__= 1 -,-±t-In 0111,1GJi, J111,J J." GUI 1y Payments are payable by mail to the address of the Registered Owner as set forth in the Authorization and Registration Provisions of this Note, or such other address as the Registered Owner may designate upon thirty (30) days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the Date of Original Issue, set forth above, until the Purchase Date (defined below) when this Note is tendered by the Registered Owner. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. On the Purchase Date, the interest rate on this Note shall be adjusted to an interest rate per annum which, in the Remarketing Agent's judgment, having due regard for prevailing secondary market conditions and the yields at which comparable securities are then being sold, is the interest rate appropriate to enable the Remarketing Agent to arrange remarketing of the required aggregate principal amount of the Note at par in accordance +h the +o,.. -.n.. f the Remarketing- A dated 1` :lune 1 2002 (.t uLVVLu4LLLVV with the terms of L11G 1\G111Q.11LGL111 j �1�I irG111c11L, (.L1LCU C1S 01 .f UJ1e 1, GUiiZ (the "Remarketing Ag eement"), between, the City, the Developer, and Dougherty & Company LLC (the "Remarketing Agent" and the "Tender Agent"). 3. Available Tax Increment. Payments on this Note are payable on each Payment Date solely from one-half of the Available Tax Increment, as defined in the Contract For Private Development, dated as of June 4, 2002 (the "Agreement") between the City and Curve Crest Villa Limited Partnership, a Minnesota limited partnership (the "Developer"), the term "Available Tax increment" means, on each Payment Date, 90% of the Tax Increment derived from the Development Property (as defined in the Agreement and hereinafter referred to as "Tax Increment"), and received by the City in the six months preceding the Payment Date. In the case of certain Events of Default under Section 9.1 of the Agreement, the City may suspend or terminate its obligation to pay Available Tax Increment in accordance with Section 9.2 of the Agreement, which is incorporated herein by reference. The City shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than one-half of the Available Tax Increment or capitalized interest and the failure of the City to pay all or any portion of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of one-half of the Available Tax Increment and capitalized interest. If on any Payment Date the balance of funds in the Debt Service Fund created under the Resolution (defined below) is insufficient to make the payment due on that date, the deficiency will be deferred and paid, without interest thereon, to the extent possible on any subsequent Payment Date on which the City has available funds in the Debt Service Fund in excess of the payment due on such date. The City shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the Maturity Date. The City makes no warranty or representation that one-half of the Available Tax Increment will be sufficient to pay all or any portion of the principal or interest on this Note. 4. Mandatory Tender. This Note is subject to mandatory tender for purchase on August 1, 2022 and August 1, 2027 (collectively the "Purchase Date"). The purchase price of this 2 Note on the Purchase Date is equal to the then outstanding principal amount of this Note plus accrued interest hereon to the Purchase Date (the "Purchase Price"). The Tender Agent shall deliver or mail a written notice of mandatory tender to the Registered Owner of this Note at its address as then shown on the Bond Register, which notice shall be deemed duly given when so mailed, not less than thirty days prior to the Purchase Date. The Registered Owner shall be required to tender this Note (together with an appropriate instrument of transfer executed in blank) to the Tender Agent for purchase by 12:00 o'clock noon, Central Time, on the business day prior to the Purchase Date. The Registered Owner will be deemed to have tendered this Note for purchase on the Purchase Date, at the Purchase Price, whether or not such Note is actually delivered for purchase. NOTWITHSTANDING FAILURE BY THE REGIS 1'ERED OWNER OF THIS NO 1'E TO DELIVER THIS NO 1'E ON OR PRIOR TO THE PURCHASE DATE, THE REGIS 1'ERED OWNER SHA r .L. NOT RE ENTITY ED Tel n A Y SENT OF TATTED EST ACCRUE v inilrulrt vi llrli'il\L'�Ji TO SUBSEQUENT TO THE PURCHASE DATE OR ANY OTHER PAYMENT EXCEPT THE PURCHASE PRICE FOR THIS UNDELIVERED NO 1E, AND ANY SUCH NOTE SHALL NO LONGER BE ENTITLED TO THE RIGHTS OF THE REGIS I ERED OWNER OF THIS NO 1E, EXCEPT FOR THE PURPOSE OF PAYMENT OF THE PURCHASE PRICE. The Purchase Price of this Note shall be paid solely from proceeds derived from the remarketing of this Note under the terms of the Remarketing Agreement and from one-half of the Available Tax Increment. 5. Mandatory Redemption of Note. This Note maturing on February 1, 2029, is subject to scheduled mandatory redemption by the City at a redemption price equal to the principal amount thereof plus accrued interest to the redemption date, on the dates and in the principal amounts set forth below: (The remainder of this page is intentionally left blank.) 3 Redemption Date February 1, 2013 August 1, 2013 February 1, 2014 August 1, 2014 February 1, 2015 August 1, 2015 February 1, 2016 August 1, 2016 February 1, 2017 August 1, 2017 February 1, 2018 August 1, 2018 Febiuu'.i-y' 1, 2019 Aufrllct 1 7019 February 1, 2020 August 1, 2020 February 1, 2021 *Maturity Principal Amount 7,500 5,000 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 10,000 7,500 1 v,vvv 10,000 10,000 10,000 10,000 Redemption Date Principal Amount August 1, 2021 February 1, 2022 August 1, 2022 February 1, 2023 August 1, 2023 February 1, 2024 August 1, 2024 February 1, 2025 August 1, 2025 February 1, 2026 August 1, 2026 February 1, 2027 August 1, 2027 Fnhrai, v' i 1 ')(122 August 1, 2028 February 1, 2029* 10,000 12,500 12,500 12,500 12,500 12,500 12,500 15,000 15,000 15,000 15,000 17,500 1'7,500 17,500 17,500 20,000 6. Optional Redemption of Note. This Note shall be subject to redemption without prior notice, in whole or in part, at a redemption price of one hundred percent (100%) of the principal amount thereof to be redeemed plus interest accrued to the date of redemption, without premium on the following dates and from the following sources: (i) on any Payment Date from one-half of the Available Tax Increment in excess of one-half of the Available Tax Increment applied to the required payments under this Note on any Payment Date; and (ii) from the proceeds of any refunding obligation of the City. 7. Termination. Except as otherwise provided in Section 9.2 of the Agreement, at the City's option, this Note shall terminate and the City's obligation to make any payments under this Note shall be discharged upon the occurrence of certain Events of Default on the part of the Developer as defined in Section 9.1 of the Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of the Agreement. 8. Nature of Obligation. This Note is one of an issue in the total principal amount of $890,000 issued to aid in financing certain capital and administration costs of a Development Disliict undertaken by the City pursuant to Minnesota Statutes Sections 469.124 through 469.134, as amended, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the City on June 4, 2002 and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment and capitalized interest pledged to the payment hereof u der the ReSolu ion This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of 4 Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of one-half of the Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 9. Registration and Transfer. This Note is issuable only as a fully registered note without coupons to one (1) Registered Owner. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the City kept for that purpose at the principal office of the City, by the Registered Owner hereof in person or by such Registered Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly executed by the Registered Owner. Upon such transfer or exchange and the payment by the Registered Owner of any tax, fee, or governmental charge required to be paid by the City with respect to such transfer or exchange, there will be issued in tiye name of the transfereeNote of the a new same agg�tegaLG principal aYYmount, bearing interest at fiv same rate anti maturing on the same dates. This Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a thin' satisfactory to the City, that such transfer is exempt front registration and prospectus delivery requirements of federal and applicable state securities laws. 10. Additional Obligations. The City shall issue no obligation secured in whole or in part by Available Tax Increment, unless the pledge to such obligation is subordinate to the pledge to the Note issued under the Resolution or the Registered Owner gives its written consent to the issuance of such obligation. IT IS HEREBY CERTIFIED AND RECI 1 E that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been perfotnied in due form, time and manner as so required. (The remainder of this page is intentionally left blank.) 5 IN WITNESS WHEREOF, the City Council of the City of Stillwater has caused this Note to be executed with the manual or facsimile signatures of its Mayor and City Clerk, all as of the Date of Original Issue specified above. Diane F. Ward, City Clerk Ted Kozlowski, Mayor AUTHENTICATION AND REGISTRATION PROVISIONS This is the Note described in the within mentioned Resolution. The ownership of the unpaid balance of the within Note is registered in the bond register of the City Clerk, in the name of the person last listed below. Date of Registration Registered Owner Lake Elmo Bank Lake Elmo, Minnesota Tax I.D. No. Signature of City Clerk (The remainder of this page is intentionally left blank.) \\darrow\data\MLF_Files\City\TIF - Tax Increment Financing\UNITED STATES OF AkIER1CA Taxable Tax Increment Curve Crest Villas for LE Bank2Qi7.docx 6 Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment The Notes were issued as two (2) typewritten notes numbered R-1 and R-2 in the amount of $445,000 each with the principle amount on August 1, 2017 of $302,500 each. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall he payable by check or draft issued by the Registrar described herein; provided that interest on the Note to be paid from capitalized interest shall be payable by check or draft issued by the Remarketing Agent. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The City hereby appoints the City Clerk to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the lights and duties of the. City and the Registrar with respect thereto shall be as 1 llVwS. (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the Registered Owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the Registered Owner thereof or by an attorney duly authorized by the Registered Owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person, other than the Developer or any guarantor of the principal and interest payments on the Note, unless the City has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the City, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) 'Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and 10 effectual to satisfy and discharge the liability of the City upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge- required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost. Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note Lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing o the ixcgis ra-r of an iLppropiiate bond of iiiueililli y ill loiili, suoswnc;, t111U mount satisfactory to it, in which both the City and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation, shall be given to the City. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. (h) Amendments. All of the provisions of the Note, when executed as authorized herein, shall be deemed to be a part of this resolution (the "Resolution") as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note shall be substantially in the form in Section 2 of this Resolution, which form is hereby approved, with such necessary and appropriate variations, omissions and insertions (including changes to the aggregate principal amount of the Note, the stated maturity of the Note, the interest rate on the Note, the terms of redemption of the Note, and variation from City policies regarding methods of offering tax increment notes) as the Mayor (the Mayor") and the City Clerk (the "City Clerk"), in their discretion, shall determine. The execution of the Note with the manual or facsimile signatures of the Mayor and the City Clerk and the delivery of the Note by the City shall be conclusive evidence of such determination. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, the Note shall not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Note has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Note certificates need not be signed by the same representative. The executed certificate of authentication on each Note shall be conclusive evidence that it has been authenticated and delivered Ander this Resolution. When the Note has been so executed and aurthenticated it shall be delivere by the City clerk to the owner upon 11 payment of the purchase price therefore, and the Owner shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. Pledge. The City hereby pledges to thepayment of theprincipal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be deposited in the Debt Service. Fund in accordance with Section 4.03 hereof and applied to payment of the principal of and interest on the Note in accordance with the terns of the fowl of Note set forth in Section 2 of this Resolution. 4.02. Debt Service Fund. So long as the Note is outstanding and any principal thereof or interest thereon remains unpaid, the City shall maintain a separate Taxable Tax Increment Revenue Note (Curve Crest Villa Limited Partnership Project) Series 2002 Debt Service Fund (the "Debt Service Fund") to be used for no purpose other than the payment of the principal of and interest on Vile 1•'l Jto. Available Tax Increment pledged pursuant to- Section 4.01 Vthis Resolution; all funds remaining in the Project Fund after disbursements in accordance with Section 4.02 of this Resolution; and all investment earnings on funds held in the Debt Service Fund. The Debt Service Fund and all moneys deposited therein pursuant to this Resolution are hereby pledged to the payment of principal of and interest on the Note. The City shall deposit "Excess Available .Tax Increment" into the Debt Service Fund prior to the first permitted Optional Redemption Date. The term "Excess Available Tax Increment" means any amount of Available Tax Increment in excess of the amount needed to make the payment due on a Payment Date and which amount is on deposit in the Debt Service Fund on the business day after a Payment Date. On each Payment Date if funds on deposit in the Debt Service Fund are in a minimum amount of $20,000, the City shall prepay the Note on a pro rata basis in the amount of excess funds on deposit in the Debt Service Fund on such Payment Date. 4.03. Investment of Funds. All amounts held in the Escrow Fund, the Project Fund and Debt Service Fund will be invested in accordance with the provisions of Minnesota Statutes, Chapter 118A, governing the investment of funds of governmental entities. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Registered Owner of the Note certified copies of all proceedings and records of the City, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 6. Continuing Disclosure. The continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule") do not apply to the Note, because the offering is exempt from such requirements under Section 15c2-12(d)(1)(i). Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Note. 12 Section 7. Effective Date. This Resolution shall take effect and be in force from and after its approval and publication. (The remainder of this page is intentionally left blank.) 13 ADOPTING THE PROPOSED TAX LEVY FOR THE PAYABLE YEAR 2018 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the sum of $12,811,815 is hereby levied against all of the taxable property of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2018. FURTHER BE IT RESOLVED, that the sum of $42,700 is hereby levied against all taxable properties within the WMO (Waste Management Organization) parcel -specific taxing district of the City of Stillwater, Washington County, Minnesota, for City purposes for the payable year 2018. The Levy consists of the following: GENERAL TAX LEVY: DEBT SERVICE TAX LEVY: $9,374,459 Fund Required Levy for 2017 Amount 312 G.O. Capital Outlay 2012A $541,330 314 G.O. Capital Outlay 2014A $708,478 319 G.O. Capital Outlay 2009B $103,241 324 G.O. Capital Outlay 2014 (Armory) $85,000 326 G.O. Capital Outlay 2016A $812,333 327 G.O. Capital Outlay 2017A $400,016 329 G.O. Capital Outlay 2009D $336,958 Subtotal $2,987,356 New Debt 318 G.O. Capital Outlay 2018 $450,000 Total Debt Service Tax Levy $3,437,356 TOTAL CITY-WIDE LEVY $12,811,815 PARCEL -SPECIFIC LEVY WMO Levy $42,700 CANCEL LEVY 389 G.O. Sport Facility Revenue 2009C Adopted by the Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk ADOPTING THE PROPOSED BUDGET APPROPRIATIONS FOR THE YEAR 2018 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the proposed budget appropriations for the year 2018 in the amounts for the following funds: Fund Fund Name Amount 100 General Fund $ 14,537,458 200 Special Events Fund 57,978 202 St Croix Valley Recreation Center Fund 4,852,457 230 Library Fund 1,427,143 240 Parks Fund 1,673,229 251 Downtown Beautification Fund 15,000 255 Washington County Recycling Fund 35,170 285 Lodging Tax 230,505 Total $ 22,598,435 Adopted by the Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk SETTING PAYABLE 2018 TRUTH -N -TAXATION PUBLIC MEETING BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the Payable 2018 Truth - in -Taxation meeting shall be at 7:00 p.m., Tuesday, December 5th, 2017. Adopted by the Council this 5th day of September, 2017. Ted Kozlowski, Mayor ATTEST: Diane F. Ward, City Clerk Wasitirigtm. BOARD AGENDA SEPTEMBER 5, 2017 — 9:00 A.M. 1. 8:00 Personnel Committee Meeting 2. 9:00 Roll Call Pledge of Allegiance 3. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will askyou to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or ifit is not relevant to an issue that is part of Washington County's Responsibilities. Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 FYi 4. 9:10 Consent Calendar — Roll Call Vote 5. 9:10 Public Works — Frank Ticknor, Design Engineer and Kevin Peterson, Engineer II A. Approval of Contract No. 11194 with TKDA for $135,430 for the Point Douglas Regional Trail Bridge Project B. Approval of Supplemental Agreement No. 1 for $68,400 and Work Order No. 2 for $2,600 to Contract No. 10832 with InSite Contracting, Inc. for the County State Aid Highway (CSAH) 13 Traffic Signal Improvement Project 6. 9:30 General Administration — Molly O'Rourke, County Administrator Discuss Supplemental Budget Information 7. 9:40 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 staf. 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. 8. Board Correspondence 9. 9:55 Adjourn 10. 10:00-10:45 Break 11. 10:50-11:35 Break 12. 12:00-12:30 13. 12:35-1:05 14. 1:10-1:40 2018 Proposed Budget Workshop - Library and Law Library — Keith Ryskoski, Director 2018 Proposed Budget Workshop - Property Records and Taxpayer Services — Jennifer Wagenius, Director Board Workshop with Information Technology Discuss Information Technology's 2018 Proposed Budget Board Workshop with Public Health and Environment Discuss Direction for Watershed Budget Presentations Board Workshop with Public Health and Environment Discuss the Solid Waste Management Coordinating Board Assistive ffstening devices ere aveiabte for use h fAe County Sear! Room N t.... w.....f .r«.i...r di.,. in Alxlnnr,•� A..w.. &.s. ,..a IRRt I n4I' RIM EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * SEPTEMBER 5, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Accounting and Finance Property Records and Taxpayer Services Public Works ITEM A. Approval of August 15, 2017 County Board Meeting Minutes. B. Approval of Assignment and Assumption Agreement of the Amended and Restated Agreement for Financial Services with Hennepin County, by and between the Counties Transit Improvement Board and Anoka, Dakota, Ramsey and Washington. C. Approval of the plat of Hidden Valley Acres 2°a Addition in Denmark Township. D. Adopt a resolution to acquire permanent roadway easements and temporary easements as a part of the County State Aid Highway 21 (Stagecoach Trail North) construction project in the City of Bayport and Baytown Township. E. Adopt a resolution to acquire permanent right of way, permanent roadway easements, permanent drainage and utility easements and temporary easements as a part of the County State Aid Highway 24 (Osgood Avenue) construction project in the City of Stillwater and City of Oak Park Heights. F. Adopt a resolution to acquire right of way for the County State Aid Highway 5 Improvement Project in the City of Stillwater. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening deldoes are evadable for use in the County Board Room Nev. ..r.'...,...rAA r,.s..nilay... 1,.,p,.sy. herne. &ate nnaiRSjeen WWI EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER VVatgt-cmr1 • BOARD AGENDA F y Board of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, District 4 Lisa Weik, Chair, District 5 AUGUST 22, 2017 — 9:00 A.M. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility 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 secretary or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city ofresidence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board ofCommissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, ori fit is not relevant to an issue that is part of Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:20 Public Works — Frank Ticknor, Design Engineer A. Approval of Contract No. 11151 with Redstone Construction LLC for $1,568,455.45 for the Point Douglas Regional Trail Bridge B. Approval of Contract No. 11173 with Kimley-Horn and Associates, Inc. for $333,090 for County State Aid Highway (CSAH) 13 at CSAH 22 Intersection Improvement Project C. Approval of Contract No. 11144 with Alliant Engineering Inc. for $258,060 for the CSAH 23/31d Street South Pavement Improvement Project 5. 9:50 General Administration — Molly O'Rourke, County Administrator 6. 10:00 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time. Any action necessary because of discussion will be scheduled for a future board meeting. 7. Board Correspondence 8. 10:15 Adjourn 9. 10:20-11:00 2018 Proposed Budget Workshop - Community Services — Chris Sorensen, Director Break 10. 11:10-12:00 2018 Proposed Budget Workshop - Public Health and Environment — Lowell Johnson, Director Assistive listening devices ere avatebie for use in the County Board Room t.+....uM-.eetel.nea .ft,. In eike.i,ne l,.v..a20 h. *.r plan m nae (RSf I .lin WW1 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * AUGUST 22, 2017 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of August 8, 2017 County Board Meeting Minutes. B. Approval of contract with John Kaul, d.b.a. Capitol Gains, in the amount of $52,576.20 for the period of September 1, 2017 to August 31, 2018. C. Approval to reappoint Eric Lindberg, Stillwater Township, to the Carnelian -Marine - St. Croix Watershed District Board of Managers to a second term expiring June 21, 2020. D. Approval of county comments on the creation of Tax Increment Financing District #2-12 (Tanners Lake Project) in the City of Oakdale and direction to submit comments in a letter signed by the Deputy County Administrator. Community Corrections E. Approval of budget amendments to 2017 budget to accept and expend $69,400 of additional Community Corrections Act Subsidy from the State of Minnesota. Public Health and Environment F. Approval of resolution to establish a Public Hearing for September 12, 2017, at 9:00 a.m. to hear testimony on amendments to the Washington County Solid Waste Ordinance No. 114 for waste designation in order to afford the public an opportunity to comment on the ordinance amendments and authorize publication of a Notice of Public Hearing in the official county newspaper. G. Approval of Minnesota Pollution Control Agency Septic program funding grant applications for 2018. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assistive listening devices are available for use in the County 8enrd Room ..,.b.i..r..d...nnat.... e..�..�., he..6, 421,nee..nre4 4111 arm EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER